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Cannabis Laws in Tennessee

Recreational and medical cannabis are illegal; hemp-derived products regulated under evolving state law.

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This article is general information, not legal advice. Laws change; check current rules with official sources or a lawyer.

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Tennessee has zero tolerance for marijuana but a complex, rapidly shifting regulatory system for hemp-derived intoxicants like Delta-8 and THCA flower. The state allows a narrow CBD-only medical exception and has rejected broader medical reform for years. If you live or travel there, treat marijuana as fully illegal and assume hemp products' legal status could change month to month.

This article is informational only and is not legal advice. Cannabis laws in Tennessee change frequently, prosecution practices vary by county and district attorney, and federal law still classifies cannabis as a Schedule I controlled substance. If you face a specific legal question, consult a licensed Tennessee attorney.

This information was last verified in October 2026.

Recreational Cannabis

Recreational cannabis is illegal in Tennessee. Under Tenn. Code Ann. § 39-17-418, possession or casual exchange of 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 Strong evidence [1].

Possession of more than half an ounce is a felony under § 39-17-417, with penalties escalating by weight and mandatory minimums at higher quantities Strong evidence [2].

Memphis (Shelby County) and Nashville (Davidson County) passed local ordinances in 2016 allowing officers discretion to issue civil citations for small amounts instead of arrest Strong evidence [3]. However, these ordinances do not override state law. Prosecution still occurs, and the local discretion is not guaranteed. Treat any amount of marijuana on your person as subject to arrest under state law.

No substantial legalization bill has advanced through the state legislature in recent years Weak / limited.

Medical Cannabis

Tennessee does not have a functional medical cannabis program. The state offers only a narrow exception: under Tenn. Code Ann. § 39-17-402(16)(C), patients with qualifying conditions (epilepsy, cancer, multiple sclerosis, Parkinson's disease, Crohn's disease, sickle cell disease, HIV/AIDS, and terminal illness) may possess CBD oil containing no more than 0.9% THC if they have a physician's legal order and the product was obtained legally outside Tennessee Strong evidence [4].

The state does not license dispensaries, growers, or in-state production. There is no patient registry or identification card. Patients cannot legally purchase medical cannabis within Tennessee; the exception applies only to products lawfully acquired elsewhere. Interstate transport of cannabis (even for medical use) remains illegal under federal law and confers no Tennessee legal protection.

Medical cannabis bills are introduced regularly in the state legislature and consistently die in committee. The Tennessee Medical Cannabis Commission, created in 2021 via Tenn. Code Ann. § 68-7-101 et seq., is tasked with studying medical cannabis but has no licensing authority and remains contingent on federal rescheduling Weak / limited [5].

Hemp and Hemp-Derived Cannabinoids

Tennessee legalized hemp (cannabis ≤0.3% Delta-9 THC by dry weight) following the federal 2018 Farm Bill, which opened retail markets for Delta-8 THC, Delta-10 THC, HHC, and THCA flower — products that produce intoxication similar to marijuana but technically meet the federal hemp definition Strong evidence [6].

In 2023, Tennessee passed Public Chapter 423, establishing a state regulatory framework for 'hemp-derived cannabinoid products' Strong evidence [7]. The law requires:

In 2024, the legislature passed Public Chapter 1014, which tightened rules around THCA and shifted regulatory oversight Strong evidence [8]. Key changes included provisions that would treat THCA as part of total THC under the 0.3% hemp threshold — a definition that, if enforced strictly, would make most 'THCA flower' currently sold in Tennessee illegal Weak / limited [8].

As of October 2026, parts of the 2024 regime are being phased in and are subject to litigation. Delta-8 gummies and similar products remain widely available at smoke shops and gas stations, but the legal status of THCA flower and other high-potency hemp-derived cannabinoids is uncertain and changing. Check current Tennessee Department of Agriculture guidance before assuming any specific product is legal to sell or possess Weak / limited.

Driving, Employment, and Collateral Consequences

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

Employment: Tennessee is an at-will employment state with no statewide legal protections for off-duty use of cannabis or legal hemp-derived products. Employers can conduct drug tests and terminate for cannabis use. State employees and safety-sensitive positions are subject to federal drug-free workplace rules Strong evidence.

Firearms: Federal law (ATF Form 4473) prohibits 'unlawful users' of marijuana from possessing firearms. This applies to state-legal medical patients in other states as well. Tennessee's permitless carry law does not override this federal restriction Strong evidence [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 Strong evidence.

Reform Outlook

Medical cannabis legalization has been consistently rejected by the Tennessee legislature, despite bills being introduced nearly every session. The most visible change is in hemp-derived cannabinoid regulation: the legislature appears committed to a regulated-but-restricted market rather than prohibition. The primary open question for 2025–2026 is whether intoxicating hemp products (particularly THCA flower) will continue to be permitted under Tennessee law or be more strictly prohibited Weak / limited.

Sources

  1. Government Tennessee Code Annotated § 39-17-418 — Simple possession or casual exchange.
  2. Government Tennessee Code Annotated § 39-17-417 — Manufacture, delivery, sale or possession with intent.
  3. Reported Allison, N. (2016). 'Nashville council approves marijuana decriminalization.' The Tennessean.
  4. Government Tennessee Code Annotated § 39-17-402(16)(C) — Definitions; CBD oil exception.
  5. Government Tennessee Code Annotated § 68-7-101 et seq. — Tennessee Medical Cannabis Commission (created 2021).
  6. Government Agriculture Improvement Act of 2018 (Farm Bill), Pub. L. 115-334, § 10113.
  7. Government Tennessee Public Chapter 423 (2023) — Hemp-derived cannabinoid products.
  8. Reported Wadhwani, A. (2024). 'Tennessee tightens rules on hemp-derived THC products.' Tennessee Lookout.
  9. Government Tennessee Code Annotated § 40-35-313 — License suspension and revocation.
  10. Government U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Open Letter to All Federal Firearms Licensees (Sept. 21, 2011) regarding marijuana users and firearms.

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