Cannabis Laws in Tennessee

Not legal advice

This article is informational. It is not legal advice. Cannabis laws in Tennessee are changing, prosecution practices vary by county and district attorney, and federal law still classifies marijuana as a Schedule I controlled substance. If you are facing a specific legal question, consult a licensed Tennessee attorney. Information last verified: January 2025.

Recreational cannabis

Recreational cannabis is illegal in Tennessee. There is no legalization bill currently moving through the state legislature with serious prospects, and the state's Republican supermajority has consistently rejected broader reform ^[1].

Under Tenn. Code Ann. § 39-17-418, simple possession or casual exchange of any amount of marijuana up to half an ounce (14.175 g) is a Class A misdemeanor, punishable by up to 11 months 29 days in jail and a fine of up to $2,500 ^[2]. Possession of more than half an ounce is a felony under § 39-17-417, with penalties escalating sharply by weight and triggering mandatory minimums at higher quantities ^[3].

A few local jurisdictions — notably Memphis (Shelby County) and Nashville (Davidson County) — passed ordinances in 2016 allowing officers the option of issuing civil citations for small amounts, but those local ordinances do not override state law, and prosecution still occurs ^[4]. Treat Tennessee as a state where any amount of marijuana on your person can result in arrest. Strong evidence

Medical cannabis

Tennessee does not have a functional medical cannabis program. What exists is a narrow law — sometimes called the state's 'medical cannabis' law in headlines — that is much smaller in practice.

Under Tenn. Code Ann. § 39-17-402(16)(C), patients with specific qualifying conditions (including epilepsy, cancer, multiple sclerosis, Parkinson's, Crohn's, sickle cell, HIV/AIDS, and end-stage conditions) may possess CBD oil containing no more than 0.9% THC, provided they have a legal order from a physician and the product was obtained legally in another jurisdiction ^[5]. The state does not license dispensaries, growers, or in-state production for this purpose. There is no card, no registry, and no legal way to buy the product inside Tennessee.

In practical terms, this means the law provides an affirmative defense in narrow circumstances, not a working medical program. Tennessee residents who want full-spectrum medical cannabis travel to states like Illinois, Missouri, or Maryland, which is itself federally illegal (interstate transport) and does not confer Tennessee legal protection on the way home. Strong evidence

Hemp and hemp-derived cannabinoids (Delta-8, THCA, etc.)

This is where Tennessee gets complicated and where the law is currently in flux.

Following the federal 2018 Farm Bill, Tennessee legalized hemp (cannabis containing ≤0.3% Delta-9 THC by dry weight) and, by extension, products derived from it. That opened the door to a large retail market for Delta-8 THC, Delta-10 THC, HHC, and high-potency THCA flower — products that can produce intoxication essentially identical to marijuana but technically meet the federal hemp definition ^[6].

In 2023, Tennessee passed Public Chapter 423, which:

• Defined 'hemp-derived cannabinoid products' under state law
• Required a 6% retail sales tax in addition to standard sales tax
• Imposed a 21+ age limit for purchase
• Required licensing of manufacturers and retailers through the Tennessee Department of Agriculture
• Set testing, labeling, and child-resistant packaging requirements ^[7]

In 2024–2025, the legislature went further. Public Chapter 1014 (2024) and subsequent rulemaking moved regulatory authority and tightened rules around THCA — including a provision that would treat THCA as part of total THC for the 0.3% calculation, which (if enforced as written) would make most 'THCA flower' sold in Tennessee illegal ^[8]. Implementation dates and lawsuits have pushed effective enforcement around; as of the last verified date for this article, parts of the regime are being phased in and litigated.

Bottom line for hemp products: Delta-8 gummies and similar products remain widely sold at smoke shops and gas stations, but the regulatory ground is shifting. THCA flower in particular is on the edge. Check current Tennessee Department of Agriculture guidance before assuming any specific product is legal to sell or possess. Strong evidence

Driving, employment, and collateral consequences

Driving: Tennessee has a per se DUI framework for impairment, and there is no legal THC blood-level safe harbor. A marijuana conviction also triggers a one-year driver's license revocation under Tenn. Code Ann. § 40-35-313 historically, though courts have limited automatic suspensions in some contexts ^[9].

Employment: Tennessee is an at-will employment state with no statewide protections for off-duty cannabis use, even for hemp-derived products that are legal to buy. Employers can drug test and terminate. State employees and safety-sensitive positions are subject to federal drug-free workplace rules.

Firearms: Federal law (ATF Form 4473) prohibits 'unlawful users' of marijuana — including state-legal medical patients elsewhere — from possessing firearms. Tennessee's permitless carry law does not change this federal restriction ^[10].

Expungement: Tennessee allows expungement of certain misdemeanor marijuana convictions after a waiting period under § 40-32-101, but the process is petition-based and not automatic.

Reform outlook

Medical cannabis bills are introduced in nearly every Tennessee legislative session and consistently die in committee. A 2021 law created the Tennessee Medical Cannabis Commission, which was tasked with studying medical cannabis and preparing for a possible future program — but the commission has no authority to license anything and the program it was meant to ready remains contingent on federal rescheduling ^[11].

The more active fight is over hemp-derived cannabinoids, where the legislature appears to be moving toward a regulated-but-restricted model rather than prohibition. Whether that model will continue to allow intoxicating hemp products in any form is the open question for 2025–2026. Weak / limited

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