Tennessee Marijuana Laws 2026
Marijuana is fully illegal in Tennessee in 2026 for both recreational and medical use. There is no medical marijuana program, no decriminalization, and no licensed dispensaries. Possessing any amount is a criminal offense. Tennessee also overhauled its hemp laws in 2026, banning THCA, Delta-8, and most intoxicating hemp-derived products under new ABC regulations.
Last reviewed: May 2026 — laws change, always verify with a licensed attorney.
Recreational Status
Illegal
No program — criminal penalties apply
Medical Status
No program
Narrow low-THC oil exception only
Simple Possession
Class A Misdemeanor
Under 0.5 oz / up to $2,500 fine
CBD / Hemp
Restricted
0.3% total THC max (new ABC rules 2026)
Is marijuana legal in Tennessee?
No. Marijuana is fully illegal in Tennessee in 2026 for recreational and medical use. There is no licensed dispensary system, no medical marijuana program, and no decriminalization of any kind. Possessing even a small amount is a criminal misdemeanor.
Tennessee is also one of the most active states when it comes to cracking down on hemp-derived THC products. As of January 1, 2026, the state banned THCA flower, Delta-8 THC, Delta-10 THC, THCp, and most synthetic cannabinoids that had previously been sold freely in smoke shops and vape stores. Hemp-derived products that do make it to market must now be sold at licensed premises by adults 21 and older, with no online orders or delivery.
There is a narrow medical exception: patients with certain qualifying conditions can legally possess low-THC cannabis oil (containing less than 0.9% THC and a significant CBD content). This is not a dispensary system or a medical card program — there is no licensed purchase pathway, and it has never been a functional program in practice.
Out-of-state medical marijuana cards provide no protection in Tennessee. You can be charged the same as anyone else.
Possession penalties
Any amount of marijuana in Tennessee is a criminal offense. Possession of under half an ounce is a Class A misdemeanor regardless of how many prior offenses you have — the third-offense felony that once existed was eliminated by law in 2016. Going over half an ounce jumps directly to a felony, with trafficking tiers that escalate sharply from there.
| Amount | Offense | Max jail | Max fine |
|---|---|---|---|
| Under 0.5 oz (any offense) | Class A Misdemeanor | 11 months, 29 days | $2,500 ($250 min. first offense) |
| 0.5 oz to 10 lbs | Class E Felony | 1 — 6 years | Up to $5,000 |
| 10 to 70 lbs | Class D Felony | 2 — 12 years | Up to $50,000 |
| 70 to 300 lbs | Class C Felony | 3 — 15 years | Up to $100,000 |
| Over 300 lbs | Class A Felony | 15 — 60 years | Up to $500,000 |
First felony conviction carries a mandatory minimum $2,000 fine. Second felony conviction: $3,000 minimum. Third and subsequent felony convictions: $5,000 minimum and charged one class higher. School zone or daycare proximity enhances the charge by one class under TCA § 39-17-432.
How does Tennessee handle concentrates?
Concentrates (hash, wax, oils, vape cartridges) are treated under the same statute as marijuana flower. Possession of less than 14.75 grams (about 0.5 oz) is a Class A misdemeanor. Over that amount follows the same felony tiers above.
Manufacturing concentrates is charged as producing a controlled substance — a felony regardless of amount. Chemical extraction methods (butane, solvents) bring the most serious exposure.
Sale and distribution
Tennessee has no licensed cannabis market. Any sale, attempted sale, or distribution of marijuana outside a legal framework is a criminal offense. There is no “gift” allowance — even handing a small amount to someone without money changing hands is a criminal offense (casual exchange of under 0.5 oz is a Class A misdemeanor).
Possession of over 0.5 oz can also be charged as possession with intent to distribute, with the same penalty tiers as direct sales. Police can base this charge on packaging, the presence of scales, large amounts of cash, or the quantity itself.
| Amount / activity | Classification | Max incarceration | Max fine |
|---|---|---|---|
| Casual exchange or gift under 0.5 oz | Class A Misdemeanor | 11 months, 29 days | $2,500 |
| Sale or possession with intent (0.5 oz — 10 lbs) | Class E Felony | 1 — 6 years | Up to $5,000 |
| Sale or possession with intent (10 — 70 lbs) | Class D Felony | 2 — 12 years | Up to $50,000 |
| Sale or possession with intent (70 — 300 lbs) | Class C Felony | 3 — 15 years | Up to $100,000 |
| Sale or possession with intent (over 300 lbs) | Class A Felony | 15 — 60 years | Up to $500,000 |
| Sale to a minor | One class higher than base charge | Enhanced | Enhanced |
| Sale within 1,000 ft of school or daycare | One class higher than base charge | Enhanced | Enhanced |
TCA § 39-17-417 governs sale and distribution penalties. TCA § 39-17-432 governs school zone enhancements. If the state cannot prove an actual sale or delivery occurred, the charge defaults to simple possession under § 39-17-418.
Cultivation
Growing marijuana in Tennessee is a felony from the first plant. Tennessee treats cultivation as manufacturing a controlled substance, which means even a single plant can result in the same Class E felony charge as possessing over half an ounce for sale.
| Amount | Offense | Max incarceration | Max fine |
|---|---|---|---|
| Any plants — personal use (up to 10 lb equiv.) | Class E Felony | 1 — 6 years | Up to $5,000 |
| Grow with intent to distribute | Class D Felony | 2 — 12 years | Up to $50,000 |
| 100 — 499 marijuana plants | Class D Felony | 2 — 12 years | Up to $50,000 |
| 500+ plants | Class C Felony or higher | 3 — 15 years+ | Up to $100,000+ |
| Any grow involving minors | Enhanced felony | Varies | Varies |
Multiple plants, grow lights, or any equipment that suggests scale can support an intent-to-distribute charge — which bumps the felony class higher. There is no personal-use exception and no minimum number of plants that is permitted.
For more on cannabis cultivation laws by state, see our cultivation resource page.
Paraphernalia and other offenses
Tennessee treats drug paraphernalia broadly. Any item that police conclude was intended for use with a controlled substance can be charged as paraphernalia — pipes, grinders, scales, rolling papers, dab rigs, vape pens, and even baggies with residue have all been charged in Tennessee cases. The intent of the item, not its retail status, determines legality.
| Offense | Classification | Max jail | Max fine |
|---|---|---|---|
| Possession or use of paraphernalia | Class A Misdemeanor | 11 months, 29 days | $2,500 |
| Sale or delivery of paraphernalia | Class A Misdemeanor | 11 months, 29 days | $2,500 |
| Sale or delivery to a minor | Class E Felony | 1 — 6 years | Up to $5,000 |
A paraphernalia charge can be added on top of a possession charge. It’s a separate count — not a lesser substitute. Refusing to cooperate or context suggesting the items were part of a distribution operation can move paraphernalia into felony territory.
Driving under the influence of marijuana
Driving while impaired by marijuana is illegal in Tennessee under the same DUI statute as alcohol. There is no set THC blood limit. Prosecutors must show you were actually impaired, based on driving behavior, field sobriety tests, officer observations, and chemical testing. A positive THC metabolite test combined with other impairment evidence is enough for a charge — even if the effects had worn off.
A medical card or out-of-state dispensary receipt provides no defense.
| Offense | Classification | Max jail | Fine range | License action |
|---|---|---|---|---|
| First DUI | Misdemeanor | 11 months, 29 days (min. 48 hrs) | $350 — $1,500 | 1-year revocation |
| Second DUI (within 10 years) | Misdemeanor | 11 months, 29 days (min. 45 days) | $600 — $3,500 | 2-year revocation |
| Third DUI | Misdemeanor | 11 months, 29 days (min. 120 days) | $1,100 — $10,000 | 3 — 10 year revocation |
| Fourth or subsequent DUI | Class E Felony | 1 — 6 years | $3,000 — $15,000 | 5-year revocation |
| DUI causing serious injury | Felony | Up to 15 years | Up to $10,000 | Long-term revocation |
| DUI causing death (vehicular homicide) | Felony | 8 — 30 years | Up to $25,000 | Permanent revocation possible |
Additional consequences for most DUI convictions include probation, mandatory drug and alcohol education programs, community service, court costs, and ignition interlock device installation. Refusing a chemical test results in automatic license suspension, even without a DUI conviction.
For more, see our guide to marijuana DUI laws by state.
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What IS legal in Tennessee
Is CBD legal in Tennessee?
Yes, with restrictions. CBD products derived from hemp are legal in Tennessee provided they contain less than 0.3% delta-9 THC. However, what “legal” looks like changed significantly on January 1, 2026. Products that were previously available — including most THCA flower, Delta-8 gummies, and high-potency hemp vapes — are now banned or restricted under new state law.
Under current rules, hemp-derived products must be sold at licensed premises to adults 21 and older. Online ordering and delivery are prohibited. Products must comply with a total THC cap of 0.3% measured after decarboxylation — which effectively bans most high-THCA products, since THCA converts to THC when heated.
What happened to Delta-8, THCA, and hemp-derived products?
Tennessee passed HB 1376 in May 2025, which took effect January 1, 2026. The law:
- Banned THCA, THCp, Delta-8 THC, Delta-10 THC, and synthetic cannabinoids
- Set a new “total THC” cap of 0.3% by dry weight after decarboxylation testing (not just delta-9 alone)
- Transferred regulatory authority from the Tennessee Department of Agriculture to the Tennessee Alcoholic Beverage Commission (TABC)
- Restricted all hemp-derived THC product sales to ABC-licensed premises with mandatory age verification (21+)
- Banned online sales, delivery, and vending machines
Retailers who held a TDA license before December 31, 2025, can operate under the old rules until their licenses expire June 30, 2026. After that, full prohibition enforcement applies to everyone. Possession of products that exceed Tennessee’s THC limits is treated as marijuana possession — a Class A misdemeanor.
Is there a medical marijuana exception in Tennessee?
There is a narrow one. Tennessee law allows patients with certain qualifying conditions to possess low-THC cannabis oil containing no more than 0.9% THC and a significant CBD content. This is not a functioning medical marijuana program — there are no licensed dispensaries, no patient registration cards, no authorized purchase pathways in Tennessee, and no physicians authorized to recommend marijuana for sale. In practice, this exception has never created legal access for patients.
Does Tennessee recognize out-of-state medical cards?
No. A medical card from any other state provides zero protection in Tennessee. You can be arrested and charged for possession just like any other person.
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Recent changes
- January 2026: HB 1376 (signed May 2025) took effect, overhauling Tennessee’s hemp-derived cannabinoid laws. THCA, Delta-8, Delta-10, THCp, and synthetic cannabinoids are now banned. All hemp-derived THC product sales are restricted to ABC-licensed premises for adults 21 and older. Online sales and delivery are prohibited. A new total THC cap of 0.3% post-decarboxylation took effect for all new licensees. Legacy TDA licensees can operate under the old rules until their licenses expire on June 30, 2026.
- May 2025: Governor Bill Lee signed HB 1376, handing regulatory authority over hemp-derived cannabinoid products from the Tennessee Department of Agriculture to the Tennessee Alcoholic Beverage Commission, with enforcement beginning January 1, 2026.
- 2016: Governor Haslam signed HB 1478, eliminating the third-offense felony for simple marijuana possession. Third and subsequent possessions of under 0.5 oz remain Class A misdemeanors — not felonies — under current Tennessee law.
Official resources
- TCA § 39-17-418 — Simple Possession (Justia) — full text of Tennessee’s simple possession statute
- TCA § 39-17-417 — Sale, Distribution, and Manufacturing (Justia) — felony marijuana offenses
- Tennessee Alcoholic Beverage Commission — Hemp-Derived Cannabinoids — current licensing and product rules
- NORML Tennessee — current laws and penalties summary
