By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed September 13, 2024
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An overwhelming number of American states have legalized some form of marijuana use. Tennessee is not one of them. Nashville may be a hot destination for music, food, and fun, but be careful with what you bring to the party.
Recreational marijuana (also known as cannabis) is illegal in Tennessee. Aside from some low-THC (tetrahydrocannabinol) cannabis oil and other CBD (cannabidiol) products, there is no permitted medical marijuana use. Simple possession of marijuana carries a potential for jail time.
Despite the ban on cannabis, Tennessee has dispensaries. That can be confusing. In this article, we'll look at Tennessee marijuana laws, the punishments for transgressions, and what types of cannabis products are legal.
Read on for a better understanding of the cannabis laws in Tennessee.
All marijuana possession and sales remain illegal in Tennessee, even for medicinal uses. Some have proposed bills calling for the legalization of marijuana, but lawmakers in the GOP-controlled state house and senate often let them die before ever coming to a vote. There has been talk of permitting medical marijuana use if the federal law classification changes, but that's far from guaranteed.
Possession of up to a half ounce of marijuana is a class A misdemeanor that carries up to just under a year in jail and a fine of up to $2,500. Any amount over that can be possession with intent to distribute, a felony.
Private marijuana plant cultivation is not legal under Tennessee law. Growing a single cannabis plant can have you facing a felony.
Marijuana is a Schedule VI drug in Tennessee, a special classification by the state. As of September 2024, cannabis remains a Schedule I drug in the federal Controlled Substances Act (CSA). This means possession violations on federal lands and properties can trigger federal and state crimes.
There is no medical marijuana program in Tennessee. Patients have no access to medical cannabis flower or THC-infused cannabis products such as concentrates, edibles, and tinctures. In 2021, Senate Bill 118 (SB118) provided a modest upgrade for low-THC oil use, making it available to patients suffering from the following medical conditions:
Patients need verification from a licensed Tennessee physician to buy the oil for medical use.
Dispensaries in Tennessee may engage in retail sales of hemp-based CBD oil and other CBD-based and Delta-8 products. THCA (tetrahydrocannabinolic acid) is also available, but the Tennessee Department of Agriculture and Tennessee lawmakers have taken steps to close access to it.
All possession of marijuana is illegal in Tennessee, but a couple of cities have tried to take away some of the legal sting. Memphis and Nashville have reduced penalties for simple possession of marijuana offenses. But, a statewide preemption law foreclosed such attempts at local control.
Operating a motor vehicle while impaired by cannabis carries the same ramifications as an alcohol-related DUI offense. The table below recaps what you've learned above and summarizes the severe penalties for violations of Tennessee marijuana laws.
| Relevant Tennessee marijuana laws | Tennessee Code Title 39 — Criminal Offenses Chapter 17 — Offenses Against Public Health, Safety, and Welfare
|
|---|---|
| Is marijuana legal in Tennessee? | No. Medical and recreational use and possession of marijuana are illegal. |
| Tennessee marijuana possession penalties | All possession of marijuana is illegal in Tennessee.
Over 0.5 ounces/14.175 grams can get prosecuted as intent to distribute/sale |
| Tennessee marijuana sales/distribution/possession with intent to sell or distribute — penalties | All sales/possession with intent/distribution of cannabis is illegal in Tennessee.
Penalties are enhanced for sales involving minors or for subsequent offenses. |
| Tennessee marijuana cultivation penalties | All private marijuana cultivation in Tennessee is illegal.
|
Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Tennessee criminal defense attorney or conduct independent legal research to verify the status of any Tennessee state laws you review.
Use and possession of any amount of marijuana remain illegal in Tennessee. Also, the penalties associated with cannabis-related charges are severe and can be life-altering. If you're facing charges for a marijuana-related crime in Tennessee, hire a criminal defense attorney. They can offer legal advice and help you understand your options.
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