2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 1 - GENERAL PROVISIONS (§§ 43-27-101 — 43-27-108) › Section 43-27-106 - Stop movement or destruction order for plant or product exceeding authorized concentrations - Penalties - Evidence

(a)
When the commissioner or the commissioner's authorized agent finds any cannabis or cannabis product to contain THC concentrations greater than three-tenths of one percent (0.3%) on a dry weight basis, the commissioner may issue either a written stop movement order or written destruction order for the plant or product, as appropriate to best serve the public interest and purpose of this chapter.
(b)
Any person who negligently violates this chapter or rules promulgated under this chapter is subject to administrative action by the department including denial or revocation of any license issued under this chapter; issuance of stop movement orders, destruction orders, and civil penalties; and actions for injunction. Negligent violations of this chapter or rules promulgated under this chapter shall not be the basis for criminal prosecution of any person.
(c)
Any person who violates this chapter or rules promulgated under this chapter with a culpable mental state greater than negligence shall be subject to prosecution under any applicable state or federal law. If the department determines that a person has violated this chapter or rules promulgated under this chapter with a culpable mental state greater than negligence, the department shall report the matter to the Tennessee bureau of investigation and the United States attorney general.
(d)
In all proceedings brought to enforce this chapter, proof of testing consistent with rules promulgated under this chapter showing THC concentrations greater than three-tenths of one percent (0.3%), but not greater than one percent (1.0%), on a dry weight basis is prima facie evidence of a negligent violation of this chapter.
(e)
In all proceedings brought to enforce this chapter, the following are prima facie evidence of violation with a culpable mental state greater than negligence:
(1)
Proof of testing consistent with rules promulgated under this chapter showing THC concentrations greater than one percent (1.0%) on a dry weight basis;
(2)
Three (3) violations within a five-year period for possession of rooted hemp without a valid license issued by the department; or
(3)
Violation of any stop movement or destruction order issued under this chapter.
(f)
Any person whose license is revoked for violation of this chapter or rules promulgated under this chapter is ineligible for reissuance of the license for a period of at least five (5) years.
(g)
It is an exception to the application of this section that the only cannabis with a THC concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subsection (g) must maintain proof of a grower's license from the department in the transport vehicle.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.