‘There’s an opportunity to clarify and to fix this’: TBI director wants to meet with lawmakers about THC-A legality

NASHVILLE, Tenn. (WKRN) — The director of the Tennessee Bureau of Investigation (TBI) said that he wants to talk to lawmakers about the legality of THC-A.

The TBI’s director David Rausch acknowledged challenges that have arisen while distinguishing between legal and illegal cannabis products.

“It’s clearly caused confusion, and I think there’s an opportunity to clarify and to fix this,” Rausch said.

At a glance, both cannabis and cannabis derivative THC-A appear identical. They also produce the same results when tested by the TBI.

However, while Delta-9 THC — the compound responsible for the “high” in marijuana — is illegal in amounts exceeding 0.3 percent, THC-A is a non-intoxicating compound found in a cannabis plant and can be purchased legally across Tennessee.

The problem is that THC-A, when exposed to heat, converts into Delta-9 THC, which is illegal.

Until now, the TBI had been heating the substance during tests to determine its legality. However, the agency now plans to send cases involving THC-A to the Tennessee Department of Agriculture for so-called “cold testing” until they get the equipment to do that themselves.

The limitations of TBI’s testing could lead to some marijuana-related cases in Tennessee being overturned.

Eighteenth Judicial District Attorney Ray Whitley told News 2 he has found at least four cases that would be impacted in Sumner County, including one man who has had his 2020 conviction set aside and charges dismissed.

However, the TBI contended they did nothing wrong with the way that they tested THC-A evidence.

“We stand by our testing,” said Rausch. “Nobody has challenged that testing. Nobody has said that the results of those tests have been inaccurate. Our testing is solid.”

The TBI’s Mike Lyttle, assistant director of the forensics division, advised that consumers need to be aware of the risk they face when purchasing and using THC-A.

“THC-A is going to convert to THC. That’s why they’re buying it in the first place,” Lyttle said. “If they get caught with that product when it is converted from THC-A to THC, it’s an illegal product.”

As for those already convicted on charges related to THC-A, it would be up to individual district attorneys to decide whether to overturn those cases. In the meantime, the TBI advised that THC-A consumers keep their packaging and be aware of the legal risks associated with using the product.

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