Schedule VI Drugs in Tennessee: Possession, Sale, and Penalties

Schedule VI drugs in Tennessee are marijuana, tetrahydrocannabinols (THC), and synthetic cannabinoids, and possessing or selling any of them is a crime. Simple possession is a Class A misdemeanor carrying up to 11 months and 29 days in jail and a $2,500 fine. Larger amounts, cultivation, or sales push the charge into felony territory, with the top tier reaching 8 to 30 years in prison and fines up to $200,000.¹

What Schedule VI Covers

Tennessee places three categories of substances on Schedule VI: marijuana, THC in any form, and synthetic equivalents of the cannabinoids found in cannabis, including their isomers and derivatives with similar chemical structure and pharmacological activity.² In practice that means marijuana flower, hashish and other concentrates, and lab-made cannabinoids designed to imitate THC.

Synthetic cannabinoids sold under names like Spice or K2 are targeted by a separate statute criminalizing their production, sale, and possession.³ Because underground chemists constantly rework their formulas, the definition is written broadly enough to capture any substance that mimics THC, even if the exact compound has not been individually scheduled. Delta-10 THC and THC-O are not individually listed, but they can be prosecuted under Tennessee’s analog drug laws if their effects are substantially similar to a controlled substance.p>

Where Hemp and Delta-8 Fit

Cannabis containing more than 0.3% delta-9 THC by dry weight is marijuana under Schedule VI. Below that threshold the same plant is hemp and is regulated outside the criminal drug schedules.²

Delta-8 and other hemp-derived cannabinoids sat in a gray zone for years. A 2024 law that took effect on January 1, 2026 tightened the rules and moved oversight to the Alcoholic Beverage Commission and the Department of Revenue. The new framework:

Bans licensed sale of products with enough THCa to exceed 0.3% total THC after decarboxylation, which pulls most high-THCa hemp flower off legal shelves.
Prohibits products containing synthetic cannabinoids or THCp entirely.
Caps servings at 15 milligrams of THC, packages at 300 milligrams for non-beverages, and vape cartridges at 500 milligrams.
Requires in-person retail sales; online ordering, shipping, delivery, self-checkout, and vending machines are prohibited.

Simple Possession

Knowingly possessing or casually exchanging any Schedule VI substance without a valid prescription is a Class A misdemeanor. The maximum punishment is 11 months and 29 days in jail and a $2,500 fine.⁴ First-time offenders often receive probation or diversion instead of jail, but a conviction still creates a permanent record unless it is later expunged.

A third or subsequent simple possession conviction for marijuana or hashish is enhanced to a felony, which opens the door to state prison time.⁴

Sale, Manufacture, and Cultivation

Once quantities exceed personal-use amounts, penalties climb quickly. Selling, delivering, manufacturing, or growing marijuana is prosecuted under a separate statute, and the felony class is driven by weight or plant count. Prosecutors do not need a completed sale to charge distribution: scales, packaging, cash, or messages discussing transactions can establish intent.

Half an ounce to 10 pounds, or up to 2 pounds of hashish: Class E felony, 1 to 6 years, fines up to $5,000.¹
10 to 70 pounds, or 10 to 19 plants: Class D felony, 2 to 12 years, fines up to $50,000.
20 to 99 plants, or certain hashish quantities: Class C felony, 3 to 15 years, fines up to $100,000.
70 pounds or more, or 100 or more plants: Class B felony, 8 to 30 years, fines up to $200,000.

Where a sentence falls inside each range depends on your offender classification under Tennessee’s Criminal Sentencing Reform Act. A first-time Class D felony sits at 2 to 4 years under Range I; a career offender faces the full 8 to 12 years under Range III for the same charge.⁵ Home cultivation carries the same penalties as distribution, so growing even a handful of plants is a felony regardless of whether you intended to sell any of it.

Drug-Free Zones

Selling or manufacturing a Schedule VI substance on school grounds or within 500 feet of a school, park, library, daycare, or similar protected location bumps the offense up one felony classification. A Class E becomes a Class D, a Class D becomes a Class C, and so on.⁶ The enhancement applies whether or not minors were present and whether or not you knew you were near a protected area.

Paraphernalia

Paraphernalia charges commonly accompany Schedule VI cases. Using or possessing pipes, bongs, rolling papers, or similar items to introduce a controlled substance into the body is a Class A misdemeanor, mirroring the simple possession penalty: up to 11 months and 29 days in jail and $2,500 in fines.⁷

Delivering paraphernalia, possessing it with intent to deliver, or manufacturing it for delivery is a Class E felony carrying 1 to 6 years. That distinction matters for anyone selling smoking accessories, because prosecutors only need to show you reasonably should have known the items would be used with controlled substances.

Repeat Offender Enhancements

Prior drug convictions raise the stakes on any new charge. For felony sales or manufacturing, a defendant with two to four prior felonies in the same or higher class is sentenced as a “multiple offender” in Range II, which roughly doubles the minimum prison term for each felony class.⁸ “Persistent” and “career” designations push sentences into Range III, the statutory maximum. A third felony drug conviction can also be punished one grade higher than the base offense.

Consequences Beyond the Sentence

The jail time and fines are only part of what a Schedule VI conviction costs.

Immigration

Any controlled substance conviction, including simple marijuana possession, makes a noncitizen inadmissible for a U.S. visa. Tennessee’s low state classification is irrelevant because federal law still treats marijuana as a controlled substance, and immigration authorities apply the federal standard.⁹ A narrow waiver exists for a single offense of simple possession of 30 grams or less of marijuana, but it requires proof of rehabilitation and, for immigrant visa applicants, extreme hardship to a U.S. citizen or lawful permanent resident relative.

Firearms

Federal law under 18 U.S.C. 922(g)(3) bars anyone who is an unlawful user of or addicted to a controlled substance from possessing firearms or ammunition. No conviction is required. Because marijuana remains federally controlled, regular use makes you a prohibited person who cannot legally buy, possess, or receive a firearm. The ATF revised its enforcement standard in 2026 to require evidence of regular and recent use rather than resting on a single past conviction, but the change narrows the standard only slightly.¹⁰

Federal Land

Tennessee’s Schedule VI classification does not apply on federal property. Possession in a national forest, national park, or military installation is a federal matter. Possession on national forest land can bring a fine of up to $5,000 and up to six months of imprisonment, even for amounts that would be a simple state misdemeanor.¹¹

Clearing the Record

Judicial diversion is the best outcome available to most first-time offenders. The court defers proceedings while you complete probation and any other conditions. If you finish every requirement, the charges are dismissed and become eligible for expungement, leaving you without a conviction on your record.¹² Diversion is not automatic; the judge weighs the offense, your background, and other factors.

If you were convicted rather than diverted, expungement is still possible for some offenses but slow. You must wait at least five years after completing every part of your sentence for a misdemeanor simple possession or an eligible Class E felony, and ten years for eligible Class C or Class D felonies. You must also have no other convictions in any jurisdiction when you file. Only certain Class E drug felonies appear on the eligible list; more serious distribution and trafficking felonies do not qualify.¹³

1
Justia. Tennessee Code 39-17-417 – Criminal Offenses and Penalties
2
Justia. Tennessee Code 39-17-415 – Criteria and Controlled Substances for Schedule VI
3
Justia. Tennessee Code 39-17-438 – Production, Sale, and Possession of Synthetic Cannabinoids
4
Justia. Tennessee Code 39-17-418 – Simple Possession or Casual Exchange
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Justia. Tennessee Code 40-35-112 – Sentence Ranges
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Justia. Tennessee Code 39-17-432 – Drug-Free Zone
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Justia. Tennessee Code 39-17-425 – Unlawful Drug Paraphernalia
8
Justia. Tennessee Code 40-35-106 – Multiple Offender
9
Foreign Affairs Manual (FAM). Ineligibility Based on Controlled Substance Violations – INA 212(A)(2)(A)(I)(II) and INA 212(A)(2)(C)
10
Federal Register. Revising Definition of Unlawful User of or Addicted to Controlled Substance
11
U.S. Department of Agriculture Forest Service. Forestwide Occupancy and Use Cannabis Possession Order
12
Justia. Tennessee Code 40-35-313 – Expunction From Official Records
13
Tennessee Administrative Office of the Courts. Expungement 101: An Overview of Tennessee Laws