There is no full medical marijuana program in Tennessee. The state offers one narrow exception: patients diagnosed with specific conditions can legally possess cannabis oil containing less than 0.9% THC, provided it is purchased out of state and carried with documentation. Everything else remains criminal, and possession of up to half an ounce is a Class A misdemeanor punishable by up to a year in jail.1Justia Law. Tennessee Code 39-17-418 – Simple Possession or Casual Exchange
What the Law Actually Allows
Tennessee’s cannabis oil statute is not a medical program in any practical sense. It carves out an exception from the definition of marijuana for one specific product: cannabis oil rich in cannabidiol (CBD) containing less than 0.9% THC by weight.2Justia Law. Tennessee Code 39-17-402 – Definitions for This Part and Title 53 The manufacturer’s label must reflect that THC concentration.
The law does not authorize smoking cannabis, consuming edibles, or using any product with higher THC content. It does not create dispensaries, patient registries, or any in-state source. Nothing can be legally grown, processed, or sold inside Tennessee for medical use.
Who Qualifies
To possess low-THC cannabis oil legally, you or an immediate family member must have been diagnosed with one of these conditions:
- Intractable seizures or epilepsy
- Alzheimer’s disease
- Amyotrophic lateral sclerosis (ALS)
- Cancer that is end-stage, or where treatment causes wasting, nausea, vomiting, or pain
- HIV/AIDS
- Inflammatory bowel disease, including Crohn’s disease and ulcerative colitis
- Multiple sclerosis
- Parkinson’s disease
- Sickle cell disease
The diagnosis has to come from a medical doctor or doctor of osteopathic medicine licensed to practice in Tennessee.2Justia Law. Tennessee Code 39-17-402 – Definitions for This Part and Title 53 Possessing the oil without meeting these requirements is a Class C misdemeanor.
How to Obtain the Oil
Because Tennessee has no legal in-state source, you have to buy the oil in a state where it is legally produced and sold.3Tennessee Department of Agriculture. Hemp-Derived Cannabinoids The product must contain less than 0.9% THC, and the label must say so.
When you carry the oil in Tennessee, you need two documents on your person:
- Proof of diagnosis from your Tennessee-licensed physician confirming the qualifying condition.
- Proof of legal purchase from the state where you bought it, such as a receipt, order confirmation, or recommendation.
Without both, you lose the protection and can be prosecuted. Patients are effectively responsible for navigating another state’s medical cannabis rules to obtain a product and then bringing it home.
The Federal Transport Problem
The statute asks patients to do something federal law prohibits. Marijuana, including cannabis oil containing any amount of THC, remains a Schedule I controlled substance under the federal Controlled Substances Act, and federal law does not recognize state medical exceptions.4Office of the Law Revision Counsel. 21 USC 812 – Schedules of Controlled Substances Transporting the oil across state lines is technically a federal crime.
Federal prosecution of an individual patient carrying a small bottle is extremely unlikely in practice. Federal enforcement has historically targeted large-scale trafficking. The exposure is still real, and the Tennessee framework depends on patients taking that risk.
Penalties if You Fall Outside the Exception
Any cannabis that exceeds the 0.9% THC threshold, or that you possess without the required diagnosis and paperwork, is treated as unlawful possession:
- Half an ounce or less, first offense: Class A misdemeanor, up to one year in jail, a mandatory $250 fine, and a maximum fine of $2,500.1Justia Law. Tennessee Code 39-17-418 – Simple Possession or Casual Exchange
- Half an ounce or less, subsequent offense: still a Class A misdemeanor, but the mandatory minimum fine rises to $500.
- Concentrates under 14.75 grams: Class A misdemeanor on a first offense; a second conviction becomes a Class E felony carrying one to six years.
Driving With THC in Your System
Tennessee’s DUI statute does not carve out an exception for patients using low-THC cannabis oil. Driving under the influence of marijuana is prohibited, and so is driving with detectable levels of a controlled substance or its metabolites.
THC metabolites can linger in blood or urine for days or weeks after use. A patient can be fully sober and still test positive. If you use low-THC oil and drive, there is some risk of a DUI based on metabolite testing alone, regardless of actual impairment.
No Workplace or Housing Protection
Tennessee does not shield medical cannabis patients from employment consequences. An employer can fire you or decline to hire you based on a positive drug test even when you legally possess the oil under state law. About two dozen states with medical cannabis programs have workplace protections for off-duty use; Tennessee is not one of them.
Housing offers no better footing. Because marijuana remains federally controlled, the Fair Housing Act’s disability protections do not cover its use. Public housing authorities must deny applicants known to use marijuana and must reject accommodation requests tied to medical cannabis. Private landlords can include and enforce cannabis prohibitions in leases.
Hemp-Derived CBD Is a Separate, Easier Path
Many patients looking for cannabinoid products do not need the 0.9% oil exception at all. Under the 2018 federal Farm Bill, hemp and hemp extracts containing less than 0.3% THC are legal nationwide. These products are widely available in Tennessee retail stores, online, and at specialty shops with no diagnosis or documentation required.
As of January 1, 2026, regulatory oversight of hemp-derived cannabinoid products in Tennessee moved from the Department of Agriculture to the Tennessee Alcoholic Beverage Commission.3Tennessee Department of Agriculture. Hemp-Derived Cannabinoids Existing licenses issued by the Department of Agriculture remain valid through June 30, 2026, during the transition.
The 0.9% THC exception only matters for products above the 0.3% hemp threshold but below 0.9%. For patients whose needs are met by commercially available hemp CBD, that route avoids the documentation, interstate purchase, and legal gray areas entirely.
Where Legislation Stands
Attempts to build a real medical cannabis program have repeatedly failed. In the 2025 session, the Tennessee Medical Cannabis Act was introduced as House Bill 872 and Senate Bill 489, which would have created a program administered by a state commission. The Senate version failed in the Judiciary Committee without a second vote, and the House version stalled in a health subcommittee.
Tennessee did establish a Medical Cannabis Commission in an earlier session to study a broader program, and that commission issued recommendations.5Tennessee General Assembly. Recommendations of the Tennessee Medical Cannabis Commission The legislature has not acted on them. The low-THC oil exception remains the only legal pathway, and no comprehensive program appears imminent.