Tennessee Marijuana Laws
Under Tennessee marijuana laws, marijuana is illegal for both medical and recreational use. The one medical exception covers cannabis oil with less than 0.9% THC and a listed diagnosis, and simple possession is a Class A misdemeanor in most cases. The sections below cover home growing, reciprocity, consumption, driving and expungement, and how Tennessee’s laws have changed since 2014.
Is Marijuana Legal in Tennessee?
No. Tennessee marijuana laws make marijuana illegal for recreational and medical use, and simple possession of any amount is an offense, in most cases a Class A misdemeanor. The one medical exception covers cannabis oil with less than 0.9% THC for people with a listed diagnosis. Hemp-derived cannabinoid products with no more than 0.3% total THC are legal for adults 21 and older.
Is Medical Marijuana Legal?
No. Tennessee has no medical marijuana program, though its oil exception allows limited access to low-THC cannabis oil.
Is Recreational Marijuana Legal?
No, the recreational usage of cannabis is illegal in the state of Tennessee.
The History of Marijuana Laws in Tennessee
While many other states created medical or adult-use programs, Tennessee marijuana laws have changed little over the years. The changes that did pass were narrow, and several of them concern cannabis oil.
In 2015, Public Chapter 352 let people with intractable seizures or epilepsy possess cannabidiol oil with less than 0.9% THC. A 2021 law, Public Chapter 577, widened that list and created the Medical Cannabis Commission, and a 2022 law added quadriplegia. None of these laws lets the oil be sold in Tennessee, so patients must obtain it under another state’s order or recommendation.
Local civil fines for small amounts do not override state law. A 2016 Attorney General opinion found that a city cannot replace the possession charge with a civil citation, and a 2017 law, Public Chapter 124, confirmed that state law preempts local drug penalties.
Tennessee Marijuana Laws and Penalties
This section takes each Tennessee marijuana law in turn, from Class A simple possession to the Class D felony for 10 to 19 plants.
Possession & Purchase
It is illegal to possess any marijuana in Tennessee. Simple possession, or distributing half an ounce or less, is usually a Class A misdemeanor, with up to 11 months and 29 days in jail, a fine of up to $2,500, or both. Selling, or possessing with intent to sell, from half an ounce to 10 pounds is a Class E felony with a fine of up to $5,000.
How Much Can I Buy and Possess?
It is illegal to buy or possess any quantity of marijuana in Tennessee; licensed hemp-derived cannabinoid products at 0.3% total THC or less are the legal exception for adults 21 and older.
Where Can I Obtain Cannabis?
There are no marijuana dispensaries in Tennessee; only retailers licensed by the Tennessee Alcoholic Beverage Commission may sell hemp-derived cannabinoid products.
Who Can Legally Purchase Cannabis in Tennessee?
Nobody can legally purchase marijuana in Tennessee, with or without a medical card from another state.
Home Cultivation
Home cultivation of marijuana plants is illegal in Tennessee, and penalties rise with the plant count: 10 to 19 plants is a Class D felony with a fine of up to $50,000.
Reciprocity
There is no reciprocity between Tennessee and other states in terms of medical marijuana programs or laws.
Consumption
Tennessee marijuana law outlaws all marijuana use, recreational or medical, outside the narrow cannabis oil exception.
Where Can I Safely Consume Cannabis?
You cannot use marijuana anywhere in Tennessee, because possessing any amount is an offense under Tenn. Code Ann. 39-17-418(a), at home or in public.
Qualifying Patients
Medical marijuana is not allowed for sale or use in Tennessee, regardless of a patient’s health state or existing conditions. However, people with epilepsy or intractable seizures, end-stage or treatment-affected cancer, ALS, Alzheimer’s, MS, Parkinson’s, inflammatory bowel disease, HIV or AIDS, sickle cell disease or quadriplegia may possess cannabis oil with less than 0.9% THC.
To qualify, a patient needs a diagnosis from a Tennessee-licensed MD or DO, not a card from a medical marijuana doctor. Most listed conditions also need a letter of attestation, and every patient needs proof of the oil’s legal order or recommendation from the state that issued it.
Transportation
Possessing any amount is an offense under Tenn. Code Ann. 39-17-418(a), in a vehicle or anywhere else.
Driving
Tennessee’s driving under the influence law, Tenn. Code Ann. 55-10-401, covers driving while impaired by marijuana.
Expungement
Whether a marijuana possession record can be expunged is set by Tennessee’s expunction statute, Tenn. Code Ann. 40-32-101.
Can You Get a Medical Card in Tennessee?
Since Tennessee does not allow medical marijuana, there isn’t a Tennessee medical marijuana card program. What you can do is keep the papers the oil exception asks for, including proof of diagnosis, the labeled bottle and, for most conditions, a letter of attestation.
Tennessee marijuana laws remain strict on the sale and use of cannabis. In its January 2025 report, the Medical Cannabis Commission noted that North Carolina was the only neighboring state without a medical program in development or operation.
Tennessee City Pages
