Marijuana is not legal in Tennessee. The state prohibits both recreational and medical use, operates no dispensary system, and classifies cannabis as a Schedule VI controlled substance under T.C.A. § 39-17-415.1Justia. Tennessee Code 39-17-415 – Criteria and Controlled Substances for Schedule VI Possessing any amount is a criminal offense, and the only cannabis-related product most adults can legally buy in the state is hemp with less than 0.3% delta-9 THC.
Recreational Use Is a Crime
Tennessee has no legal adult-use market. Possession, sale, and cultivation for recreational purposes are all criminal offenses, and the prohibition covers flower, edibles, and concentrates alike. Lawmakers have repeatedly declined to advance legalization.
Buying marijuana legally in another state does not protect you once you cross the line. Product purchased in Illinois, Missouri, or anywhere else is treated as contraband the moment it enters Tennessee, and officers can make arrests based on visual identification or odor.
No Medical Marijuana Program
Tennessee does not run a medical marijuana program. There is no patient registry, no dispensary, and no legal pathway to buy cannabis flower or standard edibles for medical use.
The state carves out one narrow exception: cannabis oil containing no more than 0.9% THC, high in CBD. To possess it legally you need a letter from your physician documenting a qualifying diagnosis such as intractable seizures. Nothing in Tennessee law authorizes anyone to grow or sell the oil inside the state, so qualifying patients have to source it out of state while staying under the 0.9% cap.
Medical cards from other states carry no weight here. A valid card from a full medical program elsewhere gives you no protection, and bringing medical marijuana into Tennessee exposes you to the same penalties as any other possession.
Penalties for Simple Possession
Simple possession of any amount of marijuana is a Class A misdemeanor under T.C.A. § 39-17-418.2Justia. Tennessee Code 39-17-418 – Simple Possession or Casual Exchange The maximum sentence is 11 months and 29 days in jail, a fine of up to $2,500, or both.3Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines A judge may also require drug offender school or community service at a treatment center.
Mandatory minimum fines apply and cannot be waived. A first misdemeanor marijuana conviction carries a floor of $250, and a second raises it to $500, no matter how small the amount.4Tennessee Department of Health. Tennessee Code 39-17-428 – Mandatory Minimum Fines
Handing off a small amount (half an ounce or less) without payment, called “casual exchange,” is also a Class A misdemeanor. But an adult who casually exchanges marijuana to a minor at least two years younger is charged with a felony.2Justia. Tennessee Code 39-17-418 – Simple Possession or Casual Exchange
Hashish and Concentrates
Concentrates are scored on a different scale. Possessing less than about 14.75 grams of hashish or concentrate is a Class A misdemeanor with the same penalties as flower. A second or later concentrate conviction jumps to a Class E felony punishable by one to six years in prison and a fine of up to $3,000.
Selling, Manufacturing, and Growing
Manufacturing, selling, or possessing marijuana with intent to distribute is a felony under T.C.A. § 39-17-417, and the class rises with weight:5Justia. Tennessee Code 39-17-417 – Criminal Offenses and Penalties
- Half an ounce to 10 pounds: Class E felony, 1 to 6 years, fine up to $5,000
- 10 to 70 pounds: Class D felony, 2 to 12 years, fine up to $50,000
- 70 to 300 pounds: Class B felony, 8 to 30 years, fine up to $200,000
- Over 300 pounds: Class A felony, 15 to 60 years, fine up to $500,000
Growing plants is charged by count, not weight:5Justia. Tennessee Code 39-17-417 – Criminal Offenses and Penalties
- 10 to 19 plants: Class D felony, fine up to $50,000
- 20 to 99 plants: Class C felony, fine up to $100,000
- 100 to 499 plants: Class B felony, fine up to $200,000
- 500 or more plants: Class A felony, fine up to $500,000
There is no personal-use cultivation exception. A ten-plant home grow is already Class D felony territory, with a potential sentence of two to twelve years.
Paraphernalia
Pipes, bongs, and rolling papers intended for drug use are a separate Class A misdemeanor under T.C.A. § 39-17-425. That charge routinely gets stacked on top of a possession charge, so a single traffic stop can produce two misdemeanors.6Justia. Tennessee Code 39-17-425 – Unlawful Drug Paraphernalia Uses and Activities
Selling or manufacturing paraphernalia, or possessing it with intent to deliver, is a Class E felony carrying one to six years in prison. Advertising paraphernalia for sale is a Class A misdemeanor.
Driving After Using Marijuana
Tennessee’s DUI statute covers any intoxicant, marijuana included. There is no per se THC blood level; prosecutors rely on field sobriety tests, officer observations, and toxicology.
A first offense carries a fine of $350 to $1,500, a one-year license revocation, and a mandatory jail sentence of at least 48 hours up to 11 months and 29 days. Courts also order 24 hours of roadside litter removal as a probation condition.7Justia. Tennessee Code 55-10-403 – Penalty for Violations Repeat offenses bring longer mandatory minimums and higher fines. A marijuana DUI is sentenced the same as an alcohol DUI.
Nashville and Memphis Civil Citations
Both Nashville and Memphis have local ordinances that let officers issue a civil citation for possession of half an ounce or less. Nashville’s penalty is a $50 fine or up to 10 hours of community service, and Memphis adopted a similar structure.
These ordinances do not legalize marijuana, and they do not give you a right to demand a citation. Each officer decides in the moment whether to use the local option or charge under state law. If the officer chooses the state charge, you face the full Class A misdemeanor penalties and a permanent criminal record.
Hemp and CBD Are a Different Category
Hemp is legally distinct from marijuana in Tennessee. Under T.C.A. § 43-27-101, hemp means cannabis sativa L. with a delta-9 THC concentration of no more than 0.3% on a dry weight basis.8Justia. Tennessee Code 43-27-101 – Chapter Definitions CBD oils and hemp-derived cannabinoid products meeting that definition can be sold and possessed without a medical recommendation.
You have to be 21 or older to buy hemp-derived cannabinoid products. Selling to anyone under 21 is a criminal offense, and it is equally illegal for someone under 21 to buy, possess, or use them.9Tennessee General Assembly. SB0378 – Hemp-Derived Cannabinoid Products
Clearing a Marijuana Record
If your charges were dismissed, ended in a not-guilty verdict, or were never formally filed after an arrest, you can petition for free expungement through the court where the case originated. You file a request with the court clerk with your case details and docket number; a court appearance is not required.10Tennessee Administrative Office of the Courts. Expungement Information
Expunging an actual conviction is harder but often possible. Under T.C.A. § 40-32-101, a person convicted of a misdemeanor or Class E felony marijuana offense can petition after five years have passed since finishing the entire sentence, probation included. Simple possession is not on the statute’s exclusion list, so most first-time possession convictions qualify.11Justia. Tennessee Code 40-32-101 – Destruction or Release of Certain Records Conviction expungement carries clerk fees set by county under T.C.A. § 8-21-401.
Cases marked “dismissed with costs” require you to pay those costs first, though a judge can sometimes waive them. A case with a “retired” status has to be changed to “dismissed” before the expungement process can move forward.10Tennessee Administrative Office of the Courts. Expungement Information