Tennessee Cannabis Laws & Penalties in 2024

Key Takeaways

Cannabis is illegal in Tennessee for both medical and recreational purposes. A first offense can lead to up to a year in jail and a mandatory fine of at least $250.
The state allows low-THC, high-CBD oil for a small number of medical conditions, with a doctor’s certification.
However, delta-8 THC and other hemp-derived products are legal in the state.

Weed is not legal in Tennessee, and it is one of just 13 states without medical cannabis.

There is a small exemption that allows people who have seizures to access low-THC, high-CBD weed, and the Farm Bill (legalizing hemp) was passed into Tennessee law in its original form, so you can get things like delta-8 in the state.

However, generally speaking, if you like cannabis and live in Tennessee, you’re going to have a difficult time getting a legal supply.

Marijuana Laws in Tennessee

Weed is not legal in Tennessee. Not only do Tennessee residents not have legal recreational weed, the medical program is basically non-existent as well.

Is Recreational Weed Legal in Tennessee?

There is no Tennessee recreational weed law, so you cannot legally consume cannabis in the state.

In short, the state is still fighting the drug war, and has many of the problems that come with the territory, such as black people being 3.2 times more likely to be arrested for weed despite using it at the same rate.

Penalties for Possession

Following the changes for subsequent offenses instituted by HB 1478 (Section 13), simple possession of weed in Tennessee for a first offense is a misdemeanor and punishable by up to one year in prison and a mandatory fine of between $250 and $2,500.

For a second or subsequent offense, there is a minimum $500 fine.

Possession of paraphernalia is also a class A misdemeanor, with a punishment of up to one year in jail and a fine of between $150 and $2,500, with the minimum increasing to $250 for subsequent offenses.

Is Medical Marijuana Legal in Tennessee?

Medical marijuana is not legal in Tennessee, despite recent efforts.

This means that there is no way to legally obtain marijuana in the state, even if you have a legitimate medical need.

The state has one exception (page 3, section 3 (F)/Tenn. Code. Ann. §39-17-402(16)(F)), and this is for low-THC CBD oil, which by Tennessee law can contain at most, 0.9% delta-9 THC.

In short, possession of marijuana for any reason carries the penalties listed in the section above.

Patient Possession Limits

The only thing Tennessee weed laws allow you to possess is CBD oil which is low in THC; everything else is explicitly illegal, even for medical purposes.

This means that for flower, the legal “limit” to possession is zero. However, if you have CBD oil – although you may have to obtain it from out-of-state – a limit is never stated and so there appears to be no maximum.

How to Get a Medical Marijuana Card in Tennessee?

You can only get CBD oil from the medical program in Tennessee if you have one of the following conditions (page 7):

Alzheimer’s disease.
Amyotrophic lateral sclerosis (ALS).
Cancer, when such disease is diagnosed as end-stage or the treatment produces related wasting illness, nausea and vomiting, or pain.
Inflammatory bowel disease, including Crohn’s disease and ulcerative colitis.
Epilepsy or seizures.
Multiple sclerosis.
Parkinson’s disease.
Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).
Sickle cell disease.

In order to have legal access to medical CBD oil products in Tennessee, you have to obtain a letter from a doctor licensed to practice in Tennessee that confirms you have one of the qualifying medical conditions and that conventional treatments have been ineffective. Then, you can legally obtain medical CBD products for six months from the date of the letter.

Can You Consume in Public?

Given that smokeable marijuana is illegal in Tennessee in any situation, you can’t consume it in public in the state.

If you have CBD oil and a letter from your doctor within the last six months, then you’re free to consume it in public.

Can You Drive Under the Influence?

Since it isn’t legal to use THC in Tennessee (beyond the previously mentioned CBD oil), you cannot drive with any amount of cannabis in your system.

This is considered a DUI, and the state also has an implied consent law, meaning that by driving in the state, you already consent to blood or breath testing to determine if you’re impaired.

If you refuse, you’ll have your license revoked for one year (unless you’ve already done so before, then it’s two years) and your refusal can be used as evidence in court.

For the actual DUI, the punishments largely depend on your prior record.

For a first offense, you receive a fine of between $350 and $1,500, you’ll be jailed for between 48 hours and 1 year (or be sentenced to a workhouse for the same amount of time), and your license is suspended for a year.
For a second offense within 10 years, you are fined between $600 and $3,500, put in prison for between 45 days and 11 months, 29 days, and your license will be suspended for two years. You may also have to attend a drug treatment program.
For a third offense (again within 10 years), you’ll be fined between $1,100 and $10,000, put in prison for a minimum of 120 days (still 11 months, 29 days as a maximum) and your license will be suspended for between 3 and 10 years.
For fourth offense, the fines are between $3,000 and $15,000, you’ll be imprisoned for between 150 days and two years, and your license will be revoked for at least 5 years.
For a fifth offense, the fines and minimum sentence are the same, but the maximum increases to four years.
For a sixth or subsequent offense, the fines and minimum sentence is the same, but the maximum sentence increases to six years.
If you have a child aged under 18 in the car with you, there’s a mandatory minimum of 30 days in jail and a fine of at least $1,000, even if it’s your first offense.

Is Delta-8 THC Legal in Tennessee?

Despite the harsh Tennessee weed laws, delta-8 THC is totally legal in the state.

Tennessee passed SB 357 into law after the federal Farm Bill passed, and used the same language as in the federal bill (Section 12).

This means that any marijuana plant is considered hemp if it has less than 0.3 % delta-9 THC by dry weight, and so products made from these plants are also legal.

Tennessee also passed a bill regulating delta-8 THC (SB 378), which establishes things like a minimum age of 21 for purchase and testing requirements for hemp products.

In short, delta-8 and even hemp delta-9 products are legal in Tennessee, despite medical marijuana barely even getting off its feet in the state.

Is Weed Decriminalized in Tennessee?

Weed is not decriminalized in Tennessee, however, the story here isn’t as simple as in other areas.

In fact, in 2016, both Nashville and Memphis passed laws that made simple possession of less than half an ounce of marijuana a civil infraction.

This would have allowed officers to simply issue a fine in cases like this, essentially giving officers an alternative to a criminal charge.

However, this was struck down by the state legislature shortly afterward, dealing a big blow to those hoping for decriminalized weed in Tennessee.

The story doesn’t end here, though. In 2020, Davidson County’s District Attorney Glenn Funk announced that the office would no longer prosecute people for possessing a half-ounce or less of marijuana.

So is weed decriminalized in Nashville? At the moment, yes!

It’s worth noting that jail days related to simple possession were decreasing even prior to the law being enacted – and also it’s still possible for cops to use the state-level system – but now it’s down to almost nothing.

In 2020, after the announcement, there were only 6 days spent in Nashville jails for simple possession, compared to 5,148 in 2014.

Is Growing Weed Legal in Tennessee?

Growing weed is not legal in Tennessee. With no medical or recreational system in place for cannabis flower, you cannot legally grow cannabis for any reason.

If you have 10 plants or less, it’s considered a class E felony and the penalty is 1 to 6 years in jail and a maximum fine of $5,000.
For between 10 and 19 plants, it’s considered a class D felony and you get 2 to 12 years in jail and a fine of up to $50,000.
For 20 to 99 plants, it’s a class C felony, carrying 3 to 15 years in jail and a fine of up to $100,000.
For 100 to 499 plants, it’s a class B felony, with between 8 to 30 years in jail and a maximum fine of $200,000.
For 500 or more plants, it’s a class A felony, bringing 15 to 60 years in jail and a maximum fine of $500,000.

There are also some minimum fines to keep in mind depending on the situation:

For a first-time felony conviction, there is a mandatory minimum fine of $2,000.
For a second-time felony, the minimum fine increases to $3,000.
For third and subsequent felonies, the minimum fine is at least $5,000.

When Will Weed Be Legal in Tennessee? The Future Outlook

While the situation in Tennessee doesn’t seem great for marijuana, the federal government’s decision to reschedule marijuana to schedule III could have impacts for the state.

Previously, lawmakers have said that they would reconsider their opposition to medical marijuana in the state if it was to be rescheduled federally. However, the state’s Governor Bill Lee seemed to reject calls for a re-evaluation until there has been “greater study” of the benefits.

It’s important to note, though, that over 4 out of 5 Tennesseans support some form of legalization, with a slight majority of these favoring medical-only laws.

Despite this, based on the actions of the state legislature so far, weed legalization won’t land in Tennessee for some time.

In fact, a bill to put the issue to voters in November 2024 didn’t even pass. The appetite is there from some, but the hold-outs currently have the majority of the cards.

Conclusion

Weed is not legal in Tennessee, the medical program is very bare-bones and decriminalization efforts for simple possession of small amounts generate substantial backlash.

Things aren’t totally grim for Tennessean stoners, though, with signs in places like Nashville that the tide is changing, but realistically, if you want to get high in Tennessee, the only approach is to do so illegally or use intoxicating hemp products.

This might not be ideal, but until there is a substantial change in the state government, don’t expect a change in Tennessee weed laws either.

Is Cannabis Legal in Tennessee?

Lee Johnson