Marijuana is not legal in Tennessee, for either recreational or medical use. The state classifies cannabis as a Schedule VI controlled substance, has no dispensaries, and offers no way for adults to lawfully buy high-THC products. There are two narrow exceptions worth knowing about before you read further: a limited protection for low-THC cannabidiol oil tied to specific medical diagnoses, and a separate regulated market for hemp-derived cannabinoids like Delta-8 THC. Everything else, including a joint’s worth of flower, is a criminal offense.
What You Face for Simple Possession
Possessing any amount of marijuana for personal use is a Class A misdemeanor under Tennessee’s simple possession statute. The maximum exposure is 11 months and 29 days in jail and a general fine of up to $2,500.1Justia. Tennessee Code 39-17-418 – Simple Possession or Casual Exchange2Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Felonies and Misdemeanors On top of that, Tennessee attaches mandatory minimum fines specifically to marijuana convictions: $250 for a first offense, $500 for a second, and $1,000 for a third or subsequent offense. A third or later offense can also be enhanced to a felony.3Tennessee Department of Health. Tennessee Code 39-17-428 – Mandatory Minimum Fines
The same statute treats handing off a small amount, up to half an ounce, as simple possession or casual exchange. Sharing with a friend, no money involved, is still a Class A misdemeanor.1Justia. Tennessee Code 39-17-418 – Simple Possession or Casual Exchange A pipe, grinder, or rolling papers can add a separate Class A misdemeanor for drug paraphernalia, which effectively doubles the potential jail time from a single stop.4Justia. Tennessee Code 39-17-425 – Unlawful Drug Paraphernalia
Marijuana itself is defined broadly under state law to include all parts of the plant, the seeds, extracted resin, and any compound or preparation made from them, so concentrates and oils fall under the same rules as flower.5Justia. Tennessee Code 39-17-402 – Definitions for This Part
When Possession Becomes a Felony
Half an ounce is the line. At that weight, Tennessee stops charging simple possession and starts charging under the manufacturing, delivery, or sale statute. Possession alone at these quantities can support a charge of possession with intent to sell or deliver.6Justia. Tennessee Code 39-17-417 – Criminal Offenses and Penalties The tiers:
- Half an ounce to 10 pounds: Class E felony, one to six years in prison and up to a $5,000 fine.
- 10 to 70 pounds, or 10 to 19 plants regardless of weight: Class D felony, two to 12 years and up to $50,000.
- 20 to 99 plants regardless of weight: Class C felony, three to 15 years and up to $100,000.
- 70 to 300 pounds: Class B felony, eight to 30 years and up to $200,000.
- 300 pounds or more: Class A felony, fine up to $500,000.6Justia. Tennessee Code 39-17-417 – Criminal Offenses and Penalties2Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines for Felonies and Misdemeanors
Weight is not the only signal prosecutors use. Scales, packaging materials, large amounts of cash, and messages on a phone often factor into whether a case is charged as intent to sell rather than personal possession, even when the amount sits at the low end of the felony range.
The School-Zone Trap
Any offense charged under the manufacturing, delivery, or sale statute jumps up one felony classification if it happens on the grounds of, or within 500 feet of, a school, preschool, child care center, public library, recreation center, or park. A Class E becomes a Class D. A Class D becomes a Class C. Extra fines stack on top: up to $10,000 additional at the Class E level, up to $20,000 at Class D.7Justia. Tennessee Code 39-17-432 – Drug-Free School Zone
500 feet is not a large radius in a city. An apartment near a public library or park can sit inside one of these zones without any visible marker.
The Narrow CBD Oil Exception
Tennessee has no medical marijuana program, but the state’s definition of marijuana excludes cannabidiol oil containing less than 0.9% THC, provided some specific conditions are met.5Justia. Tennessee Code 39-17-402 – Definitions for This Part The bottle has to be labeled by the manufacturer as under 0.9% THC. The person carrying it has to have proof of a legal order or recommendation from the state where the oil was obtained, plus documentation that they or an immediate family member have been diagnosed by a Tennessee-licensed physician with a qualifying condition.
Qualifying conditions include epilepsy or seizures, cancer that is end-stage or being treated with therapies causing severe side effects, Alzheimer’s disease, ALS, inflammatory bowel disease including Crohn’s, multiple sclerosis, Parkinson’s disease, HIV/AIDS, and sickle cell disease. The physician’s letter of attestation must be signed and dated and is valid for only six months.8Justia. Tennessee Code 68-7-101 – Chapter Definitions
The practical problem: Tennessee has no dispensaries, so there is no in-state place to buy this oil. A qualifying patient has to get it from a state that legally produces and tests it and bring it back with the paperwork. That limits how many people can actually use the exception.
What Is Legal: Hemp and Delta-8
The 2018 federal Farm Bill removed hemp, defined as cannabis with no more than 0.3% Delta-9 THC on a dry weight basis, from the federal definition of marijuana.9U.S. Food and Drug Administration. Hemp Production and the 2018 Farm Bill Tennessee followed with Public Chapter 423, which regulates hemp-derived cannabinoids including Delta-8 THC, Delta-10 THC, and THCA.10Tennessee Secretary of State. Tennessee Public Chapter 423 These products are legal to sell and possess in the state because they fall under the hemp definition, not the marijuana definition.
Retailers need a license from the Tennessee Department of Agriculture and have to keep the products behind the counter, out of customer reach. Selling without a license is a criminal offense. Products must pass third-party lab testing to confirm they stay below the 0.3% Delta-9 THC threshold.10Tennessee Secretary of State. Tennessee Public Chapter 423
Tennessee taxes these products by unit, not as a percentage of sale price:
- Edibles: $0.02 per milligram of hemp-derived cannabinoid.
- Liquid products: $4.40 per gallon, prorated for smaller containers.
- Hemp flower or plant parts: $50.00 per ounce by weight.11Tennessee Department of Revenue. Due Date and Tax Rates
The legal footing for some of these products is not guaranteed to last. Federal definitions scheduled to take effect could reclassify certain Delta-8 products, THCA flower, and similar items out of the hemp category. If that happens, their protected status disappears under both federal and state law.
Federal Rules That Still Apply to You
Firearms
Federal law bars anyone who is “an unlawful user of or addicted to any controlled substance” from possessing a firearm or ammunition.12Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts Because marijuana is illegal in Tennessee outside the narrow CBD carve-out, regular cannabis use puts you inside that prohibition. Lying about drug use on the ATF background check form is a separate federal felony. The Supreme Court heard arguments in United States v. Hemani in March 2026 on whether the ban survives constitutional review, but until that case is decided, the prohibition is enforceable.
Safety-Sensitive Jobs
The U.S. Department of Transportation has said marijuana remains unacceptable for any safety-sensitive employee subject to federal drug testing, regardless of any rescheduling progress.13U.S. Department of Transportation. DOT’s Notice on Testing for Marijuana That covers commercial truck drivers, airline pilots, railroad workers, transit operators, pipeline workers, and merchant mariners. A positive test means immediate removal from safety-sensitive duties and a mandatory return-to-duty process.
Federally Assisted Housing
HUD-assisted housing providers are required to deny admission to applicants currently using a controlled substance illegal under federal law. Marijuana that is not FDA-approved or covered by a state medical license remains disqualifying. Residents in public or subsidized housing in Tennessee can face eviction for marijuana use.
Expunging a Past Marijuana Conviction
Tennessee allows expungement of most misdemeanor convictions and some Class E, D, and C felony convictions under T.C.A. ยง 40-32-101. A simple marijuana possession conviction, as a Class A misdemeanor, is generally eligible. You file a petition with the criminal court clerk in the county where the conviction happened. Eligibility depends on how much time has passed, whether all fines and court costs are paid, and whether other disqualifying convictions sit on your record.
It doesn’t happen automatically. Filing fees and waiting periods vary by county, so the criminal court clerk’s office is the practical starting point. Removing a conviction can clear away barriers to employment, housing, and professional licensing.
Where the Law Is Headed
On April 23, 2026, the Justice Department and DEA issued an order placing FDA-approved marijuana products and marijuana regulated under a state medical marijuana license into Schedule III of the federal Controlled Substances Act.14United States Department of Justice. Justice Department Places FDA-Approved Marijuana Products and Products Containing Marijuana Subject to a Qualifying State-Issued License in Schedule III A broader administrative hearing on rescheduling all marijuana from Schedule I to Schedule III is set to begin on June 29, 2026.
For a Tennessee resident, this changes little. The state has no licensed medical marijuana program, so the Schedule III shift for state-licensed products creates no new pathway inside Tennessee. Possession and sale remain state crimes prosecuted under state law, and Tennessee’s own Schedule VI classification runs independent of the federal schedule.
At the state level, broader legalization bills are introduced in most legislative sessions but have not cleared the committee votes needed for a floor vote. Public polling in Tennessee has moved toward favoring at least medical access; the legislature’s voting patterns have not followed. For now, the CBD oil exception and the regulated hemp-derived cannabinoid market are the only legal ways to get cannabis-related products within state lines.