Tennessee Marijuana Laws
Adult-use is illegal, but the state does permit medical marijuana restricted to CBD products containing less than 0.9% THC. Possession of a half ounce or less is considered a misdemeanor punishable by up to one year in jail.
LAW BREAKDOWN
LAW BREAKDOWNS
Marijuana is legal in Tennessee only for limited, non-intoxicating medical use. Possession, delivery, sale, and cultivation for any other purpose is a crime. Special rules apply to cannabis concentrates and paraphernalia.
Possession
Possession of up to half an ounce of marijuana is a misdemeanor in Tennessee and is punishable by up to 1 year in jail and $250 in fines on a first conviction. On a subsequent conviction, the fine doubles to $500. Fines for possession are mandatory.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 1/2 oz or less (first offense) | Misdemeanor | 1 year | $ 250 |
| 1/2 oz or less (subsequent offense) | Misdemeanor | 1 year | $ 500 |
| Fines for possession are mandatory. | |||
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Sale
It is a felony in Tennessee to sell half an ounce of marijuana or more. A mandatory minimum sentence of 1 year in jail applies to sale of between half an ounce and 10 pounds, together with a maximum of 6 years in prison and a top fine of $5,000.
For amounts between 10 and 70 pounds, the penalty is at least 2 years in prison, as many as 12, and a fine of up to $50,000. For weights between 70 and 300 pounds, the minimum penalty is 8 years in prison, the maximum is 30, and a fine of up to $100,000 is possible. Weights greater than 300 pounds carry a penalty of between 15 and 60 years in prison, plus up to $200,000.
Subsequent sale convictions carry enhanced penalties. Sale statutes also cover possession with intent to distribute.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 1/2 oz – 10 lbs | Felony | 1 – 6 years | $ 5,000 |
| 10 – 70 lbs | Felony | 2 – 12 years | $ 50,000 |
| 70 – 300 lbs | Felony | 8 – 30 years | $ 100,000 |
| More than 300 lbs | Felony | 15 – 60 years | $ 200,000 |
| Includes possession with intent to distribute. | |||
| Subsequent offense carries higher penalty. | |||
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Cultivation
It is a felony to grow any amount of cannabis in Tennessee. For 10 or fewer plants, a mandatory minimum sentence of 1 year in jail applies, along with a maximum of 6 years in prison and up to $5,000 in fines.
The minimum penalty for growing between 10 and 19 plants is 2 years in prison, the maximum is 12 years, and the top fine is $50,000. Cultivation of between 20 and 99 plants carries a sentence of at least 3 years in prison, as many as 15, and a top fine of $100,000.
Growing between 100 and 499 plants comes with a minimum penalty of 8 years in prison, a maximum of 30, and a fine of up to $200,000. Conviction for growing more than 500 plants carries a sentence of between 15 and 60 years in prison, along with a fine of up to $500,000.
Subsequent cultivation convictions carry enhanced penalties.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 10 plants or less | Felony | 1 – 6 years | $ 5,000 |
| 10 – 19 plants | Felony | 2 – 12 years | $ 50,000 |
| 20 – 99 plants | Felony | 3 – 15 years | $ 100,000 |
| 100 – 499 plants | Felony | 8 – 30 years | $ 200,000 |
| More than 500 plants | Felony | 15 – 60 years | $ 500,000 |
| Subsequent offense carries higher penalty. | |||
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Concentrates
Special rules and penalties apply to the possession, manufacture, delivery, or sale of hashish, hash oil, and other marijuana concentrates. Possession of any amount is a misdemeanor and is punishable by up to 11 months in jail and $2,500 in fines.
Manufacture, delivery, or sale of concentrates is a felony. If the amount is less than 2 pounds, the maximum sentence is 6 years in prison and $5,000 in fines. If the amount is between 2 and 4 pounds, the top punishment is 12 years and fines of $50,000.
The maximum penalty for manufacture, delivery, or sale of between 4 and 8 pounds of concentrate is 15 years in prison and $100,000. Those penalties double for weights of between 8 and 15 pounds. Finally, a penalty of up to 60 years in prison and $500,000 applies to the manufacture, delivery, or sale of more than 15 pounds of concentrate.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession | Misdemeanor | 11 months | $ 2,500 |
| Manufacture, deliver, or sell less than 2 lbs | Felony | 6 years | $ 5,000 |
| Manufacture, deliver, or sell 2 – 4 lbs | Felony | 12 years | $ 50,000 |
| Manufacture, deliver, or sell 4 – 8 lbs | Felony | 15 years | $ 100,000 |
| Manufacture, deliver, or sell 8 – 15 lbs | Felony | 30 years | $ 200,000 |
| Manufacture, deliver, or sell more than 15 lbs | Felony | 60 years | $ 500,000 |
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Paraphernalia
Marijuana paraphernalia is illegal in Tennessee unless intended, marketed, and used only for legal purposes. Paraphernalia includes any items intended for use in the cultivation, growing, harvesting, processing, testing, analysis, storage, concealing, or use of marijuana.
Use and possession. Possession is a class A misdemeanor with a maximum penalty of 1 year in jail, and between $150 and $2,500 in fines. The mandatory minimum fine increases to $250 for a subsequent offense.
Sale and distribution. Sale of paraphernalia is a class E felony punishable by at least 1 year in jail, as many as 6 years in prison, and up to $3,000 in fines. Advertising of paraphernalia is also also banned, and is a class A misdemeanor.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession of paraphernalia | Misdemeanor | 1 year | $ 2,500 |
| Sale of paraphernalia | Felony | 1 – 6 years | $ 3,000 |
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Miscellaneous
It is a misdemeanor to falsify a drug test in Tennessee. The top penalty is 1 year in jail and $2,500 in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Falsification of drug tests | Misdemeanor | 1 year | $ 2,500 |
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Medical Marijuana
MEDICAL MARIJUANA
Tennessee’s medical marijuana law calls on the Tennessee Tech University to study the efficacy of CBD oil in preventing seizures. All research must be completed by 2018.
QUALIFYING CONDITIONS:
- Intractable seizures
- Alzheimer’s disease
- ALS
- Cancer
- Recalcitrant nausea and vomiting
- Inflammatory bowel disease
- Crohn’s disease
- Ulcerative colitis
- Epilepsy or seizure
- Multiple sclerosis
- Parkinson’s disease
- Human immunodeficiency virus (HIV)
- Acquired immunodeficiency syndrome (AIDS)
- Sickle cell disease
PATIENT POSSESSION LIMITS:
Cannabis oil containing no more than nine-tenths of a percent THC.
HOME CULTIVATION:
No
STATE-LICENSED DISPENSARIES:
No
CAREGIVERS:
No
RECIPROCITY:
No
Tennessee Marijuana Attorneys
The following Tennessee lawyers are actively involved in the practice of cannabis law:
