What is the State of Marijuana in Tennessee?
Tennessee laws have no provision for either the medical or adult use of marijuana. Marijuana in Tennessee is mostly illegal, except in limited circumstances. Individuals caught in possession of any amount of marijuana may be guilty of a misdemeanor and will face the applicable penalties.
While the general law illegalizes marijuana, there are a few exceptions where Tennessee allows cannabis oil (CBD) use. However, the THC (tetrahydrocannabinol) concentration in such CBD products must be less than 0.9%. In 2015, the signing of SB 0280 into law legalized the medical use of CBD to treat intractable seizures and epilepsy. However, the legislation requires the purchase of legal CBD oils in another state, and the patient must show proof that they suffer from the qualifying illness or are at genetic risk of getting it.
The enactment of HB2445 created the hemp industry and redefined it as an agricultural commodity in Tennessee. The state’s Department of Agriculture regulates the hemp industry and ensures compliance with the regulations regarding hemp. Hemp products, including cannabidiol (CBD), are legal in the state if they contain 0.3% THC or less. Any hemp product containing more than 0.3% of THC is considered illegal in Tennessee.
According to Tennessee Hemp rules, residents must get a license for where they intend to grow hemp plants. License application fees may vary according to the size of the hemp farm. The department will vet the applications and issue a license to applicants that fulfill the regulations and requirements. However, felons convicted of a drug crime under any state or federal jurisdiction nationwide lack the privilege to grow hemp legally in Tennessee. An individual under this category cannot grow hemp for ten years from the conviction date. An exception to this rule applies to offenders convicted before December 20, 2018, but were legally growing hemp under section 7606 of the Farm Bill before the conviction date.
How has Marijuana Affected Tennessee Economy?
Marijuana-legal states get revenue from marijuana through sales tax and excise tax. However, this is not the case in Tennessee, where marijuana is considered illegal except under limited circumstances. Tennessee Department of Revenue Annual Report for 2019 - 2020 revealed that the state majorly sourced revenue from sales and use tax, business tax, excise and franchise tax, gasoline tax, and motor fuel taxes.
Since the purchase and cultivation of marijuana are illegal in Tennessee, it contributes little to the economy. However, the Department of Agriculture realizes revenue from mandatory licenses for hemp producers and sellers.
Moreover, the Department of Revenue also collects Unauthorized Substances Tax on controlled substances, including marijuana. The tax must be paid within 48 hours, and the tax rate may be as high as $350 on each marijuana plant discovered to be illegal. For each gram of illegal marijuana, the department also charges $3.50.
In March 2022, SB 25978 speculated that the legalization of marijuana may potentially increase state revenue. The bill estimated that in a year, the state will have a fiscal impact of $65.1 million, and the revenue may increase over time.
What is the Marijuana Crime Rate in Tennessee?
Marijuana in Tennessee remains heavily restricted to date, and the state laws impose harsh penalties on its marijuana regulations violators. While the federal Hemp Farming Act legalized hemp with 0.3% THC or less in Tennessee, officers of the state law enforcement agencies make arrests yearly for the possession, sale, and cultivation of marijuana with THC above the legal limit.
Over recent years, the trend for marijuana-related crimes in Tennessee has dropped. Annual reports from state law enforcement agencies show that law officers made fewer marijuana-related arrests in more recent years than in previous years. Data collected through the Federal Bureau of Investigation (FBI) Crime Data Explorer in 2018 shows that Tennessee law enforcement agencies made 20,913 arrests for marijuana possession. In the same year, there were 2,260 statewide arrests for illegal marijuana sales. Marijuana arrests were 46% of the total arrests made in the state for drug-related offenses.
In 2019, the FBI Crime Data Explorer reported that law officers made 17,596 arrests for drug possession violations and 1,814 arrests for marijuana sales offenses. Moreover, the report revealed a drop in the portion of marijuana arrests that made up all drug-related arrests for that year to 21%. The decrease in the marijuana crime rate may be due to the enactment of the federal Hemp Farming Act of 2018 that legalized CBD with a low THC level.
Compared with 2019, Tennessee arrests for marijuana possession offenses in 2020 dipped further to 14,204, and arrests for marijuana sales violations totaled 1,666. Although the marijuana crime rate decreased, it made up 40% of drug-related arrests reported throughout the year. Tennessee marijuana-related arrest data gathered by the FBI Crime Data Explorer also revealed a slight decrease to 13,851 arrests in 2021. Furthermore, law enforcement agencies processed 1,619 arrests throughout the year for illegal marijuana sales.
How to Get a Medical Marijuana Card in Tennessee
In most states that operate a medical marijuana program, a qualified physician can issue medical marijuana cards to eligible persons. Holders of a medical marijuana card must have a medical condition that the state laws permit to be treated with marijuana. The essence of this card is to identify holders as people who need marijuana to treat certain medical conditions and allow them to possess, purchase, and cultivate marijuana in the state for medical use.
Tennessee is not among the 33 states currently offering medical marijuana cards to patients since medical cannabis is still illegal. Although the state has no official medical marijuana program, the limited use of marijuana to treat or manage specified medical conditions is possible. Eligible patients may possess and use non-psychoactive CBD oil with less than 0.9% of THC. Since CBD oil containing more than 0.3% THC is illegal in the state, qualifying patients must purchase the product in another state.
The requirements to qualify under SB280 include:
The treatment will be part of a clinical research study for the qualifying illness, headed by a qualified physician
The CBD oil must have less than 0.9% THC, and the bottle label must show this
The patient must prove that they are at risk of getting the medical condition through genetics or diagnosis by a qualified doctor in Tennessee
There must be proof of the legal order or recommendation from the state where the patient purchased the CBD oil
Initially, only patients diagnosed with epilepsy or intractable seizures qualified for the limited privilege. In 2021, the state added more qualifying medical conditions after the Governor signed SB0118 into law. The qualifying medical conditions include:
Parkinson's disease
Amyotrophic lateral sclerosis (ALS)
Late-stage cancer
Inflammatory bowel disease, including Crohn's disease and ulcerative colitis
Alzheimer's disease
Epilepsy or seizures
Multiple sclerosis
HIV/AIDS
Sickle cell disease
Any other medical condition recommended by the Medical Cannabis Commission
What is the History of Tennessee Marijuana?
Tennessee's marijuana history dates back to 1981 with the enactment of HB 314, which created a therapeutic research program. The program administered cannabis or THC for cancer chemotherapy, radiology, or glaucoma. However, the program operated till 1992 after being abolished by SB 1818.
In 2015, then-Governor Bill Haslam approved SB 280 to legalize the use of CBD oil with less than 0.9% THC for specified medical conditions. However, the scope of the legislation was limited and did not include provisions for patients to legally purchase hemp oil within the state.
Within the same year, marijuana activists in Nashville and Memphis decriminalized misdemeanor possession of marijuana in both cities. However, lawmaker William Lamberth introduced a bill to repeal municipal decriminalization. The Governor’s approval of HB0173 repealed the charter amendment for both cities and blocked other local governments in Tennessee from making local laws on marijuana within their jurisdictions.
In May 2017, the signing of HB 1164 into law redefined Tennessee's industrial hemp law by classifying it as cannabis plants that contain no more than 0.3% THC. It also classified hemp as a commodity regulated by the Department of Agriculture. Hemp farmers and other stakeholders in the industry must obtain the necessary license to produce hemp and hemp products from the Department of Agriculture.
The most recent marijuana-related legislation in Tennessee (SB 118) widened the scope of the limited medical use of marijuana in the state. It added more qualifying diseases/medical conditions and created the Tennessee Medical Cannabis Commission to delegate better regulations regarding medical cannabis in the state. The legislation became effective on June 2, 2021.
Cultivation of marijuana in the United States, the early 17th century.