Marijuana is not legal in Nashville, Tennessee. Tennessee classifies marijuana as a Schedule VI controlled substance, and state law applies the same way in Davidson County as it does everywhere else in the state.1Justia. Tennessee Code 39-17-415 – Criteria and Controlled Substances for Schedule VI There is no recreational program, no functioning medical program, and no local ordinance that changes any of that. Possession is a criminal offense. What has changed in Nashville is how often small-amount cases are prosecuted, not whether the conduct is still against the law.
What State Law Actually Says
The legal line between marijuana and hemp comes down to one number: 0.3% Delta-9 THC on a dry weight basis. Anything above that is marijuana and is illegal to possess, grow, or sell. Anything at or below it is hemp and is treated differently under state and federal law.2Tennessee Bureau of Investigation. Hemp and Marijuana
Cities and counties in Tennessee cannot loosen this. The legislature has passed preemption legislation that bars local governments from adopting drug policies more lenient than state law, so Nashville has no authority to legalize or decriminalize marijuana on its own.
How Nashville Prosecutors Handle Small-Amount Cases
In 2020, Davidson County District Attorney Glenn Funk announced that his office would stop prosecuting most cases involving less than half an ounce of marijuana, citing disproportionate impact on minority communities and limited public safety benefit. In practice, that means you are unlikely to be prosecuted in Nashville for a small personal amount.
Unlikely is not the same as safe. The policy is prosecutorial discretion, not a change in the law. State troopers and federal agents are not bound by it, a future DA can reverse it, and an arrest can still happen even when charges are later dropped. The statutes described below all remain on the books.
Penalties by Amount
Penalties escalate sharply with quantity, and the jump from misdemeanor to felony happens at half an ounce.
Simple Possession (Half an Ounce or Less)
Possessing up to half an ounce, about 14 grams, is a Class A misdemeanor.3Justia. Tennessee Code 39-17-418 – Simple Possession or Casual Exchange A conviction carries up to 11 months and 29 days in jail and a fine up to $2,500. First-time offenders face a minimum $250 fine. Handing a small amount to someone else as a casual exchange falls under the same misdemeanor.
Felony Quantities
Cross the half-ounce line, or give police reason to believe you intended to sell any amount, and the charge becomes a felony:4Justia. Tennessee Code 39-17-417 – Criminal Offenses and Penalties
- Half an ounce to 10 pounds: Class E felony, 1 to 6 years in prison and a fine up to $5,000.
- 10 to 70 pounds: Class D felony, 2 to 12 years in prison and a fine up to $50,000.
- 70 to 300 pounds: Class B felony, 8 to 30 years in prison and a fine up to $100,000.
- Over 300 pounds: Class A felony, 15 to 60 years in prison and a fine up to $200,000.
Intent to sell doesn’t require a completed sale. Packaging materials, scales, cash, or product divided into small quantities can support the charge on their own.
Paraphernalia
Paraphernalia is a separate offense that police routinely add. Using or possessing paraphernalia with intent to consume marijuana is a Class A misdemeanor, with the same ceiling as simple possession: up to 11 months and 29 days in jail and up to a $2,500 fine. Selling or delivering paraphernalia is a Class E felony, as is delivering it to a minor under 18 who is at least three years younger than the seller.5Justia. Tennessee Code 39-17-425 – Unlawful Drug Paraphernalia Uses and Activities Pipes and rolling papers sold as tobacco accessories become paraphernalia the moment they turn up with marijuana or its residue.
Driving After Using Marijuana
Tennessee’s DUI law covers impairment from any intoxicant, not just alcohol.6Justia. Tennessee Code 55-10-401 – Driving Under the Influence Prohibited There is no specific THC blood level that automatically means guilt. Prosecutors prove impairment through officer observations, field sobriety tests, and sometimes blood test results showing THC.
A first offense involving marijuana carries 48 hours to 11 months and 29 days in jail, a fine between $350 and $1,500, and a one-year license revocation. Courts can order treatment and ignition interlock devices. Second and later offenses carry substantially higher mandatory minimum jail time. The absence of a per se THC limit does not make these cases easier to fight; drug recognition experts testify regularly in Tennessee courts, and some jurisdictions are moving to roadside oral fluid testing.
The Medical Cannabis Oil Exception
Tennessee does not have a working medical marijuana program. What it has is a narrow affirmative defense, passed in 2015, allowing patients with certain diagnosed conditions to possess cannabis oil containing no more than 0.9% THC. Qualifying conditions include intractable seizures, epilepsy, Alzheimer’s disease, ALS, cancer, multiple sclerosis, Parkinson’s disease, Crohn’s disease, and HIV/AIDS, among others.
The law has a practical dead end built into it. Tennessee does not allow anyone to produce, sell, or dispense the oil inside the state. There are no dispensaries and no licensed producers. Qualifying patients would have to obtain the oil from another state, and transporting cannabis products across state lines is a federal offense. The right to possess exists; the legal way to acquire does not.
Hemp-Derived Products: CBD, Delta-8, and What Changes in 2026
CBD, Delta-8 THC, and other hemp-derived cannabinoids have been sold in Nashville for years because they come from hemp at or below the 0.3% Delta-9 threshold.2Tennessee Bureau of Investigation. Hemp and Marijuana Tennessee has passed legislation reshaping how these products are sold, with major provisions taking effect in 2026. Some rules were initially set for January 1, 2026, with certain provisions pushed to July 1, 2026. The key pieces:
- Buyers must be 21 or older, the same threshold as alcohol and tobacco.
- Only licensed retailers can sell these products, with oversight moving from the Department of Agriculture to the Alcoholic Beverage Commission.
- Products containing 0.3% or more total cannabinoids including THCa on a dry weight basis are prohibited. THCa converts to Delta-9 THC when heated, and this closes the loophole that let products test as hemp while delivering a marijuana-equivalent high.
- Direct-to-consumer online sales are prohibited.
- New testing, packaging, and display rules apply to retailers and wholesalers.
One warning for anyone subject to workplace drug testing. Delta-8 is legal to buy in Nashville, but your body metabolizes it into compounds nearly identical to those from Delta-9. Standard urine drug screens cannot reliably tell the two apart, and confirmatory tests may still come back positive for marijuana metabolites. Researchers at Vanderbilt University Medical Center have found that using Delta-8 products “carries a very high risk of testing positive for marijuana metabolites on a UDS [urine drug screen].” Tennessee has no law protecting employees from being fired over off-duty marijuana use, and most employers do not distinguish between the two substances on a test result.
Federal Rules That Still Apply in Nashville
State law is not the only framework operating in the city.
The Airport and Other Federal Property
Nashville International Airport is under federal jurisdiction at TSA checkpoints, and marijuana is still a Schedule I controlled substance under federal law. TSA does not actively hunt for it, but officers are required to report suspected illegal substances to law enforcement if they spot them during screening. On federal property in the area, including courthouses, VA facilities, and military installations, federal possession penalties apply: a first offense carries up to one year in prison and a minimum $1,000 fine, and later offenses come with mandatory minimum jail time.
Guns
Federal law prohibits any “unlawful user of or addicted to any controlled substance” from possessing firearms or ammunition.7Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Because marijuana is federally controlled, regular users are barred from owning guns under 18 U.S.C. ยง 922(g)(3). An updated ATF rule effective January 2026 defines “unlawful user” as someone who uses a controlled substance “with sufficient regularity and recency to indicate that the individual is actively engaged in such conduct.”8Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance Sporadic past use does not trigger the ban; ongoing use does. Regular marijuana use plus firearm ownership means simultaneous violations of federal law.
Consequences That Outlast the Case
A marijuana conviction in Tennessee creates problems beyond the sentence itself. A Class A misdemeanor stays on your record and shows up on background checks for jobs, housing, and professional licensing. Felony convictions can disqualify you from certain careers, public benefits, and voting rights during the sentence. A drug-related DUI conviction triggers a one-year license revocation.
Even an arrest without a conviction can create complications, because the arrest record exists and not every employer or landlord distinguishes between the two on a background report. Tennessee does allow expungement of some criminal offenses. Eligibility depends on the specific charge, whether it ended in conviction or diversion, and how much time has passed, and the process involves filing fees and a waiting period. If you already have a marijuana charge on your record, a criminal defense attorney can tell you whether expungement is available in your case.