Tennessee Marijuana Laws: Penalties, Medical Use, and Diversion

Tennessee marijuana laws make both recreational and medical cannabis illegal, with only a narrow exception for low-THC cannabis oil used by certain seizure patients. The state treats marijuana as a Schedule VI controlled substance, and consequences start at a Class A misdemeanor for simple possession and climb to decades in prison for large sales or grow operations. There is no legal dispensary system, no recreational market, and no reciprocity for out-of-state medical cards.

Simple Possession and Casual Exchange

Possessing any amount of marijuana for personal use is a Class A misdemeanor.¹ The maximum punishment is 11 months and 29 days in jail and a fine of up to $2,500. There is no minimum weight; any detectable amount can support the charge, and the rule applies to residents and visitors alike.

Giving away less than half an ounce (14.175 grams) with no commercial motive is treated as a “casual exchange” under the same statute.¹ No money has to change hands. Sharing a joint still counts as a criminal act, though it stays at the misdemeanor level. Cross the half-ounce line and the charge becomes felony sale or delivery.

Felony Sale, Delivery, and Cultivation

Manufacturing, delivering, or selling marijuana is a felony, and the class depends on weight or plant count:

Half an ounce to 10 pounds: Class E felony, one to six years in prison and up to a $5,000 fine.²
10 to 70 pounds, or 10 to 19 plants: Class D felony, two to twelve years and up to $50,000.²
70 to 300 pounds, or 20 to 99 plants: Class C felony, three to fifteen years.
300 pounds or more, or 300 or more plants: Class A felony, fifteen to sixty years and fines reaching $500,000.

Cultivation is punished on the same scale as selling finished product, and law enforcement weighs the entire plant, including stems and roots. A home grow with 10 plants is already Class D felony territory. Prosecutors do not need proof of an actual sale when the quantity itself points to distribution.

Drug-Free School Zone Enhancements

Any marijuana offense within 500 feet of a school, preschool, childcare center, public library, recreation center, or park falls under a separate enhancement statute. For conduct near a school, the felony classification is bumped up one level, so a Class E becomes a Class D, with the longer sentence that goes with it. Offenses near the other listed locations do not add incarceration but do allow an additional fine on top of the base penalty, scaling with the felony class.³

The 500-foot radius is measured from the property boundary, not from the building, which catches people who think they are safely outside the zone. A court can also require the full minimum sentence to be served without reduction credits when the conduct exposed vulnerable people to drug activity.

Paraphernalia Charges

Possessing, using, or selling drug paraphernalia is a Class A misdemeanor, the same classification as simple possession.⁴ Pipes, bongs, rolling papers, and digital scales all qualify. Everyday household items can be treated as paraphernalia if the surrounding circumstances point to drug use.

You do not need actual marijuana on you for a paraphernalia charge to stick. A pipe with residue, or a scale found alongside baggies, can be enough. Scales and packaging materials sitting next to marijuana often help prosecutors argue intent to distribute, pushing the case out of the misdemeanor range entirely.

Driving Under the Influence of Marijuana

Tennessee has no per se THC blood level for DUI. Unlike the 0.08% rule for alcohol, a marijuana DUI requires the prosecution to prove actual impairment, using field sobriety tests, officer observations, your statements, and blood results. A positive THC test alone is not enough without other evidence of impairment.

Penalties track an alcohol DUI: license revocation, mandatory fines, and possible jail time. Judicial diversion is not available for DUI, so the conviction cannot be wiped from your record through that route.⁵ That makes a marijuana DUI considerably higher-stakes than a simple possession charge where diversion may be on the table.

Medical Cannabis in Tennessee

There is no comprehensive medical marijuana program in the state. You cannot get a Tennessee medical marijuana card, visit a dispensary, or legally use whole-plant cannabis for any health condition. The sole exception lets patients with intractable seizures or epilepsy possess cannabis oil containing less than 0.9% THC by weight. The oil must be high in CBD, the diagnosis must come from a licensed Tennessee physician, and the patient must have documentation showing the oil was legally obtained.

Because the state has never authorized dispensaries, qualifying patients often struggle to find compliant product. A medical card from another state carries no legal weight here. Any other form of cannabis stays criminal.

No Workplace or Housing Protections

Patients who legally use qualifying low-THC oil have no employment protections. Employers can enforce zero-tolerance drug policies, and a positive marijuana screen can lead to discipline or termination regardless of whether the use itself was lawful. Off-duty use is not protected, and there is no housing protection for CBD users or out-of-state cardholders. If THC turns up in a workplace test, Tennessee law sides with the employer.

Hemp, CBD, and Delta-8 THC

Tennessee splits legal hemp from illegal marijuana at a single number: 0.3% delta-9 THC on a dry weight basis.⁶ At or below the line is hemp; above it is marijuana. That distinction, which tracks the 2018 federal Farm Bill, opened the door to the state’s hemp-derived cannabinoid market, including Delta-8 THC, CBD oils, and various edibles.

Compliance testing uses a “total THC” formula that accounts for THCA, the precursor that converts to THC when heated. The formula multiplies THCA concentration by 0.877 and adds the delta-9 THC concentration. A product that looks compliant on delta-9 alone can fail once THCA is included, which flips it into illegal marijuana for prosecution purposes.

Retailers of hemp-derived cannabinoid products pay a 6% privilege tax at the register.⁷ If a product you bought from a Tennessee shelf turns out to exceed 0.3%, it is treated as marijuana under the same criminal statutes, and the burden of the mistake lands on the possessor.

Judicial Diversion for First-Time Offenders

First-time offenders may be able to avoid a permanent conviction through judicial diversion. You plead guilty, but the court defers entering judgment and places you on probation.⁵ Finish probation without a violation and the charge can be dismissed and expunged.

Eligibility requires:

No prior felony convictions, and no prior Class A misdemeanor convictions that involved confinement
No previous grant of judicial or pretrial diversion
An offense that is not a DUI, sexual offense, or Class A or B felony

For a Class A misdemeanor marijuana charge, the diversion period can run up to 11 months and 29 days. For a felony, it can extend up to the maximum sentence for that class. You pay a monthly supervision fee of $10 to $35 and must meet any conditions the court imposes, which often include drug counseling or treatment.⁵ Violate probation and the original guilty plea stands, which is why the diversion decision is often the most consequential moment in a first-offense marijuana case.