Can Bars Sell Gummies and Other THC Products in Tennessee?

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We hear this question quite a bit, usually prefaced by: “I’m not really into that kind of stuff, but my customers are asking, can I sell Delta 8 and other THC gummies at my bar? How about brownies and chocolate bars?”

 “Depends,” we like to answer. First, is the stuff legal in Tennessee?

It is complicated to tell if a THC product is legal under Tennessee law. You have to prove a negative: that the gummies do not constitute a prohibited drug under state law.

That requires a science degree.

We tell folks to buy from a reliable source, but turns out, Sysco doesn’t distribute Delta 8 gummies.

Cue The Beatles:

…Oh, I get by with a little help from my friends

Mm, I get high with a little help from my friends

Mm, gonna try with a little help from my friends

ABC Enforcement

Then the inevitable follow-up enquiry: “What’s the ABC gonna do if I’m selling Delta 8?” Probably nothing, unless you are mixing drinks with it.

To the best of our knowledge, the ABC has not officially or unofficially taken a position on legal products that contain THC. The ABC is, after all, in the business of regulating alcoholic beverages, not the sale of illegal and legal drugs.

We advise folks not to mix Delta 8 and other THC substances with alcoholic beverages. Don’t taunt the ABC.

Last but not least, proceed cautiously, with an eye on local media and social media to see if anything changes, from the perspective of law enforcement.

As a business selling THC and alcohol, it makes sense to ensure that employees are properly trained to identify over intoxicated patrons and have a procedure to cut off and handle over intoxication, including the effects of too much THC. We did a quick Google search on how to tell if someone has over-indulging in THC.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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