Tennessee Marijuana Laws

Key Points

• Recreational weed and medical cannabis are still illegal in Tennessee. The state remains determined not to legalize marijuana as long as it remains prohibited at the federal level
• The adoption of ordinances by local municipalities to decriminalize the possession of cannabis is no longer permitted
• The possession, sale, and cultivation of any amount of marijuana attract harsh penalties, ranging from fines to incarceration
• Although Tennessee has yet to legalize cannabis, the state allows individuals diagnosed with certain debilitating conditions to use low-THC oil containing no more than 0.9% THC

Is Marijuana Legal in Tennessee?

Marijuana is illegal in Tennessee for both medical and recreational purposes. It is a misdemeanor offense to possess any amount of marijuana in the state. The punishment for possessing small amounts of marijuana in Tennessee is one of the most severe in the United States. However, Tennessee permits using high-cannabinoid/low-tetrahydrocannabinol (low-THC/high-CBD) oils to treat specific diseases by qualified patients. Permissible high CBD oils must have less than 0.9% THC and must be recommended by out-of-state physicians. The law did not make provision for regulating the low-THC program.

Furthermore, the two largest cities in Tennessee, Nashville and Memphis, passed ordinances to decriminalize the possession of small amounts of marijuana in their territories. However, the state legislature and the sitting Governor, Bill Haslam, repealed the local marijuana decriminalization laws in 2017.

Tennessee Marijuana Laws in 2024

Marijuana is illegal in Tennessee. The state has remained resolute in its opposition to the possession and use of marijuana while it is listed as a Schedule I substance) at the federal level. Possessing less than 0.5 ounces (14.2 grams) of marijuana in the state is classified as a misdemeanor punishable with up to 12 months imprisonment. Tennessee classifies possession of more than 0.5 ounces of marijuana as possession with intent to distribute, a felony, with potentially multiple years of incarceration as a penalty.

Nashville and Memphis passed ordinances to decriminalize the possession of up to 0.5 ounces (14.2 grams) of marijuana in 2016. The state repealed the law a year later and preempted local government authorities from enacting similar ordinances in the future.

In 2021, Tennessee enacted Senate Bill 118 to allow for the creation of a Medical Cannabis Commission. The commission would oversee and regulate the medical marijuana program in the state. However, the medical marijuana program may only begin when marijuana use becomes legal in Tennessee and at the federal level. The Act also exempted CBD oil with less than 0.9% THC from the definition of marijuana oil. However, the bill did not make provision for legally accessing low-THC oil in the state, and patients have to source their oil from other states.

In the 2021 - 2022 session, House Bill 1968, called the Free All Cannabis For Tennesseans Act (FACT Act), was introduced in the Tennessee House. The bill, sponsored by Rep. Bob Freeman, proposed establishing a regulatory structure under the Tennessee Department of Agriculture (TDA) for the cultivation, processing, distribution, and sales of marijuana and marijuana products in the state. However, the bill died in the House. Another bill, Senate Bill 0854 (Tennessee Medical Cannabis Act), was introduced in the state Senate. SB 0854 sought to establish a medical marijuana program in Tennessee. This bill died in the Senate Judicial Committee.

However, the Free All Cannabis For Tennesseans Act refused to die and was resurrected in 2023 as the twin bills, HB0085 and SB0168. HB0085, introduced in the House, has gone farther and was assigned to the House Criminal Justice Sub-Committee on February 8, 2028. SB0168, introduced in the Senate, has been passed twice and stuck in the Senate Judiciary Committee.

Timeline of Cannabis Law in Tennessee

The timeline for marijuana law in Tennessee is as follows:

• 2014: Tennessee passed SB 2531 to allow a university-affiliated clinic or hospital to supervise research into cannabis oil
• 2015: SB 280 was passed to amend SB 2531. It allowed individuals with out-of-state recommendations to possess low-THC cannabis oil obtained from other states
• 2016: Tennessee passed HB 1478 to remove felony charges for possessing less than 0.5 ounces of marijuana. Sentencing was limited to a maximum of 1 year
• 2017: Governor Haslam signed HB 0173 to repeal marijuana decriminalization laws in Memphis and Nashville. The law further restricts local government authorities from enacting laws contrary to state laws to regulate controlled substances within their jurisdictions
• 2021: Tennessee passed SB 118 to establish the Tennessee Medical Cannabis Commission to manage the Tennessee medical marijuana program. However, the medical marijuana program cannot begin in the state until cannabis is removed from or rescheduled in the U.S. Controlled Substances Act

Federal Legalization of Weed in 2024

Marijuana remains an illegal drug at the federal level despite several efforts to remove it from the Controlled Substances list maintained by the U.S. Drug Enforcement Agency (DEA). The most recent marijuana legalization effort was House Resolution 3617 (Marijuana Opportunity Reinvestment and Expungement Act), introduced in the House in 2021. HR 3617 will legalize the production, possession, sale, and use of marijuana in the United States. It will also remove marijuana from the list of controlled substances. The Act was passed by the House and forwarded to the Senate. It was referred to the Senate Committee on Finance. Moreover, another marijuana bill is pending in the Senate. The Cannabis Administration and Opportunity Act (S. 4591) has similar provisions as HR 3617 and is yet to progress from the Senate Committee on Finance.

On October 6, 2022, U.S. President Joe Biden signed an Executive Order to pardon persons convicted of simple possession of cannabis under federal law. He also urged state governors to do the same while mandating the U.S. Secretary of Health and Human Services and the U.S. Attorney General to initiate an administrative review of the scheduling of marijuana.

Can I Use Cannabis in Tennessee?

No, cannabis use is illegal in Tennessee. Possessing a small amount of marijuana is a misdemeanor, which attracts up to a year of imprisonment. However, low-THC oil can be used by persons diagnosed with certain medical conditions. The low-THC oil must not contain more than 0.9% Delta-9 THC.

How The Legal Sale Of Cannabis In Tennessee Happens

Tennessee has zero tolerance for marijuana sales or use since marijuana is illegal in the state. Hashish and concentrates are also illegal.

Penalties for Marijuana-related crimes in Tennessee

Tennessee has stiff penalties for marijuana-related offenses. Marijuana-related penalties in the state include:

Marijuana Possession

• The possession of marijuana is a misdemeanor in Tennessee. Possession of less than 0.5 ounces (14.2 grams) of marijuana by a first-time offender attracts a penalty of up to one year of incarceration and a fine of up to $250. Subsequent offenses attract up to $500 fines. Fines for marijuana possession are mandatory in Tennessee.

Marijuana Sale or Marijuana Possession with Intent to Distribute

• Possession of more than 0.5 ounces of marijuana is treated as possession with intent to distribute marijuana in Tennessee. Possession with intent to distribute is also classified as sales in the state. The following are the penalties for sales of marijuana in Tennessee:
• Sales of between 0.5 ounces (14.2 g) and 10 pounds (4.53 kg) of marijuana is a felony (Class E) punishable by between 1 and 6 years imprisonment and up to a $5,000 fine
• The sale of between 10 pounds (4.53 kg) and 70 pounds (31.75 kg) of marijuana is a Class D felony that attracts a penalty of between 2 and 12 years of incarceration and a fine of up to $50,000
• The sale of between 70 pounds (31.75 kg) and 300 pounds (136 kg) of marijuana is punishable by up to 30 years of incarceration and up to a $100,000 fine. It is a Class B felony
• The sale of more than 300 pounds (136 kg) of marijuana is a Class A felony that attracts a penalty of between 15 and 60 years of incarceration and a fine of up to $200,000
• The sale or delivery of marijuana to a minor (under 18 years) is a felony punishable by an increased penalty by a sentencing grade higher depending on the amount of marijuana
• The sale or delivery of marijuana to a minor within 1,000 feet of a school is a felony punishable by an increased penalty by one sentencing grade higher based on the amount of marijuana involved

Marijuana Cultivation

• Penalties for the cultivation of marijuana in Tennessee are as follows:
• Cultivation of up to 10 marijuana plants is a Class E felony punishable by between 1 and 6 years of incarceration and up to a $5,000 fine
• Cultivation of between 10 and 19 marijuana plants is a Class D felony punishable by between 2 and 12 years of incarceration and up to a $50,000 fine
• Cultivation of between 20 and 99 plants attracts a penalty of between 3 and 15 years imprisonment and up to a $100,000 fine. It is a Class C felony
• Cultivation of between 100 and 499 marijuana plants is a Class B felony punishable by between 8 and 30 years in jail and a maximum fine of $200,000
• The cultivation of more than 500 marijuana plants is a Class A felony. It attracts a penalty of between 15 and 60 years imprisonment and up to a $500,000 fine

The Sale or Possession of Marijuana Paraphernalia

• It is illegal to manufacture, possess, or use marijuana paraphernalia in Tennessee. Marijuana paraphernalia is any material used to plant, harvest, process, transport, distribute, sell, possess, or use marijuana. Tennessee penalizes first-time possession of marijuana paraphernalia with up to 12 months imprisonment and a fine of up to $2,500. It is classified as a Class A misdemeanor. A subsequent marijuana paraphernalia possession offense attracts a minimum mandatory fine of $250. Furthermore, the sale of marijuana paraphernalia is a Class E felony punishable with up to 6 years of incarceration and up to a $3,000 fine.

Hash and Concentrates

• The manufacture, sale, and possession of hashish and concentrates are illegal in Tennessee. The following are the penalties for hashish and concentrates in the state:
• Possession of less than 0.5 ounces (14.2 grams) of hashish or concentrates is a Class A misdemeanor that attracts up to 363 days imprisonment and up to a $2,500 fine for first-time offenders. A subsequent offense is a Class E felony punishable by between 1 and 6 years imprisonment and a fine of up to $3,000
• Manufacture or sale of up to 2 pounds (0.91 kg) of hashish or concentrates is a Class E felony punishable by up to 6 years of incarceration and a fine of up to $5,000
• Manufacture or delivery of between 2 pounds (0.91 kg) and 4 pounds (1.81 kg) of hashish or concentrates attracts up to 12 years of incarceration and up to a fine of $50,000. It is a Class D felony
• Manufacture or sale of between 4 pounds (1.81 kg) and 8 pounds (3.63 kg) of hashish or concentrate is a Class C felony punishable by a maximum of 15 years of incarceration and a fine of up to $100,000
• Manufacture or delivery of between 8 pounds (3.63 kg) and 15 pounds (6.8 kg) of hashish or concentrates attracts up to 30 years of incarceration and up to a $200,000 fine. It is a Class B felony
• Manufacture or delivery of more than 15 pounds (6.8 kg) of hashish or concentrates is a Class A felony and attracts up to 60 years imprisonment and a fine of up to $500,000
• The manufacture, possession, sale, or delivery of any amount of hashish or concentrates within 1,000 feet of a park, school, public library, recreational center, child care facility will increase the felony charge by one sentencing grade

Driving Under the influence (DUI) of marijuana

• It is illegal to drive a vehicle while intoxicated with marijuana in Tennessee. The following are the penalties for operating a vehicle while under the influence of cannabis in the state:
• First-time offense is punishable by a fine of up to $1,500 with a mandatory minimum of $350 and suspension of driver's license for a year
• A second offense within 10 years is punishable by a fine of up to $3,500 with a mandatory minimum of $600 fine, imprisonment of between 45 and 363 days, suspension of driver's license for 2 years, and enrolment in a court-mandated drug treatment program
• A third offense within 10 years is punishable by a fine of up to $10,000 with a mandatory minimum of $1,100 fine, imprisonment of between 120 and 363 days, and suspension of driver's license for between 3 and 10 years
• A subsequent DUI offense within 10 years is a felony (Class E). It is punishable by a minimum mandatory sentence of 150 consecutive days in prison, suspension of driver's license for at least 5 years, and a fine of between $3,000 and $15,000
• A marijuana DUI with a minor in the vehicle is punishable by a mandatory fine of at least $1,000 and a minimum incarceration of 30 days
• First-time felony convictions in Tennessee attract a fine of at least $2,000, and second-time convictions are penalized with at least a $3,000 fine. Subsequent convictions must be punished with at least a $5,000 fine and a higher sentencing grade.

What is Tennessee’s Cannabis History?

Tennessee prohibits the possession and use of any amount of marijuana. Persons caught with small amounts of marijuana can be penalized with up to a year of incarceration. The first attempt to legalize medical marijuana was in 1981 when HB 314 was enacted to allow cancer patients access to cannabis. The program was operational for a while before it was repealed in 1992.

In 2014, Tennessee enacted SB 2531 to allow hospitals and university-affiliated clinics to research the therapeutic effects of cannabis oil. It allowed Tennessee Tech to cultivate marijuana for the study. The law could not be implemented due to federal regulations, as authorization was needed from federal law enforcement agencies. SB 280 was enacted in 2015 to permit the use of cannabis oil by persons suffering from epileptic seizures. There was no provision for cultivating cannabis or producing cannabis oil in the state. SB 280 was amended in 2016 to allow only CBD oil with up to 0.9% THC content for treating epilepsy or intractable seizures. Qualified persons must be diagnosed with the diseases in Tennessee and obtain recommendations from out-of-state.

Nashville and Memphis decriminalized possession of small amounts (less than 0.5 ounces) of marijuana in 2016, but the State of Tennessee repealed the ordinances in 2017 through HB 0173. Furthermore, HB 1478 was enacted in 2016 to reduce the penalty for possession of marijuana. While it still attracts jail time, possessing less than 0.5 ounces of marijuana in Tennessee is no longer a felony offense.

What are the Restrictions on Cannabis in Tennessee?

The following are some of the restrictions on marijuana in Tennessee:

• Marijuana is illegal for both recreational and medical purposes in Tennessee
• It is unlawful to possess any amount of marijuana in public or private places
• Tennessee prohibits local government authorities from decriminalizing the possession of marijuana
• Only persons with certain medical conditions can possess and use low-THC, oil provided they possess out-of-state healthcare provider recommendations
• Selling or delivering marijuana to a minor attracts severe punishment