Recreational marijuana remains illegal in Tennessee, and the state does not have a comprehensive medical marijuana program. Simple possession can result in a misdemeanor conviction, while marijuana cultivation, sales and distribution can carry felony penalties.
Tennessee does provide narrow protections for certain patients who possess qualifying cannabidiol oil containing less than 0.9% THC. The state also regulates hemp-derived cannabinoid products separately from marijuana.
This page covers Tennessee marijuana possession laws, penalties, medical cannabidiol, home cultivation, sales, hemp-derived products and impaired driving. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 2026
Tennessee Marijuana Laws at a Glance
| Law | Current Rule |
|---|---|
| Recreational marijuana | Illegal |
| Recreational possession | Illegal |
| Simple possession | Class A misdemeanor |
| Maximum Class A misdemeanor penalty | Up to 11 months and 29 days in jail and/or a $2,500 fine |
| Recreational sales | Illegal |
| Home cultivation | Illegal |
| Comprehensive medical marijuana program | No |
| Limited medical CBD | Permitted for certain qualifying patients under specific conditions |
| Medical CBD THC limit | Less than 0.9% THC |
| Medical marijuana dispensaries | None |
| Marijuana delivery | Illegal |
| Hemp-derived cannabinoid products | Legal if compliant with separate state regulations |
| Minimum age for regulated hemp-derived cannabinoid products | 21 |
| Driving while impaired | Illegal |
Is Marijuana Legal in Tennessee?
No. Recreational marijuana remains illegal in Tennessee.
Marijuana is classified as a Schedule VI controlled substance under Tennessee law. Possession, cultivation, sale and distribution remain prohibited unless a specific statutory exception applies.
Tennessee also does not operate a comprehensive medical marijuana program with patient cards, licensed cultivators or medical marijuana dispensaries.
The state has created a Medical Cannabis Commission, but the law establishing the commission does not itself authorize an operational medical marijuana program.
How Much Marijuana Can You Possess in Tennessee?
There is no generally legal amount of recreational marijuana that an adult may possess in Tennessee.
State law makes knowingly possessing a controlled substance, including marijuana, a criminal offense unless an applicable exception applies.
Simple possession is generally classified as a Class A misdemeanor.
Tennessee law separately specifies that distributing a small amount of marijuana not exceeding one-half ounce, or 14.175 grams, is also a Class A misdemeanor when prosecuted under the state’s casual-exchange provision.
Larger quantities, evidence of sales or distribution, packaging, money and other circumstances can result in more serious charges such as possession with intent to manufacture, deliver or sell.
What Are the Penalties for Marijuana Possession in Tennessee?
Simple marijuana possession is generally a Class A misdemeanor in Tennessee.
A Class A misdemeanor can be punished by:
- Up to 11 months and 29 days in jail
- A fine of up to $2,500
- Or both
The exact sentence depends on the circumstances of the case and the person’s criminal history.
Tennessee’s felony marijuana laws apply when prosecutors establish manufacture, delivery, sale or possession with intent to manufacture, deliver or sell.
The amount involved can determine the felony classification in those cases.
Can You Buy Recreational Marijuana in Tennessee?
No. Tennessee does not license recreational marijuana stores.
There are no legal adult-use marijuana dispensaries in the state, and buying conventional marijuana outside Tennessee’s narrow legal exceptions remains prohibited.
Marijuana purchased legally in another state does not become legal when brought into Tennessee.
Hemp-derived cannabinoid stores operating under Tennessee’s separate hemp laws should not be confused with marijuana dispensaries.
Is Medical Marijuana Legal in Tennessee?
Tennessee does not have a comprehensive medical marijuana program.
There are no state-issued medical marijuana cards, licensed medical marijuana dispensaries or general protections allowing patients to possess marijuana flower, concentrates or other conventional marijuana products.
However, state law excludes certain low-THC cannabidiol oils from the definition of marijuana when specific requirements are met.
These protections are much narrower than the medical marijuana programs operating in most states with legal medical access.
Who Can Legally Possess Medical CBD Oil in Tennessee?
Tennessee law provides limited protections for qualifying cannabidiol oil containing less than 0.9% THC.
One provision applies to a person or an immediate family member diagnosed with intractable seizures or epilepsy by a physician licensed in Tennessee. The person must retain required documentation concerning the legal order or recommendation and the product must meet the state’s labeling and THC requirements.
A separate provision covers certain additional serious medical conditions when the patient has the required physician documentation and a valid letter of attestation.
Those conditions include:
- Alzheimer’s disease
- Amyotrophic lateral sclerosis
- End-stage cancer or cancer treatment producing wasting illness, persistent nausea and vomiting or pain
- Inflammatory bowel disease, including Crohn’s disease and ulcerative colitis
- Multiple sclerosis
- Parkinson’s disease
- HIV/AIDS
- Sickle cell disease
- Quadriplegia
These protections apply only when all statutory requirements are satisfied.
How Much THC Can Medical CBD Oil Contain in Tennessee?
Qualifying cannabidiol oil generally must contain less than 0.9% THC.
The product must also meet specific labeling and documentation requirements.
For certain qualifying conditions, the label must include information such as the manufacturer’s name, expiration date, batch or lot number and THC concentration.
Tennessee also separately allows certain research involving cannabis oil containing less than 0.6% THC at qualifying four-year institutions of higher education participating in approved clinical research.
Are There Medical Marijuana Dispensaries in Tennessee?
No. Tennessee does not have licensed medical marijuana dispensaries.
The state’s limited cannabidiol provisions do not establish an in-state commercial medical marijuana system.
Patients therefore cannot obtain a Tennessee medical marijuana card and purchase conventional marijuana products from a state-regulated dispensary.
The Tennessee Medical Cannabis Commission exists primarily to study medical marijuana policy and prepare for potential legislation rather than operate a patient-access program.
Can You Grow Marijuana at Home in Tennessee?
No. Marijuana home cultivation is illegal in Tennessee.
The state does not allow recreational home growing, and its limited medical cannabidiol provisions do not authorize patients to cultivate marijuana plants.
Marijuana cultivation can be prosecuted under Tennessee’s laws prohibiting the manufacture of controlled substances.
Penalties become particularly severe as plant counts increase. Under state law:
- 10 to 19 marijuana plants can result in a Class D felony
- 20 to 99 plants can result in a Class C felony
- 100 to 499 plants can result in a Class B felony
- 500 or more plants can result in a Class A felony
Those classifications apply to marijuana manufacture offenses involving the specified plant counts regardless of weight.
What Are the Penalties for Selling or Distributing Marijuana in Tennessee?
Selling, delivering or possessing marijuana with intent to sell or deliver can result in felony charges.
For marijuana involving at least one-half ounce but no more than 10 pounds, manufacture, delivery, sale or possession with intent is generally a Class E felony and can carry an additional fine of up to $5,000.
The classification increases as the amount rises.
For example:
- More than 10 pounds through 70 pounds, or 10 to 19 plants: Class D felony
- 20 to 99 plants: Class C felony
- 70 to 300 pounds, or 100 to 499 plants: Class B felony
- 300 pounds or more, or 500 or more plants: Class A felony
Tennessee also imposes enhanced penalties in certain cases involving distribution to minors.
Can You Give Marijuana to Another Person in Tennessee?
Tennessee does not have a recreational marijuana gifting law.
Casually exchanging or distributing no more than one-half ounce of marijuana is generally a Class A misdemeanor rather than a lawful transfer.
Giving marijuana to another adult therefore does not become legal simply because no money changes hands.
More serious charges can apply depending on the amount, circumstances and recipient.
Are Hemp-Derived THC Products Legal in Tennessee?
Certain hemp-derived cannabinoid products are legal in Tennessee, but they are regulated separately from marijuana.
Beginning in 2026, regulatory authority over hemp-derived cannabinoid products shifted to the Tennessee Alcoholic Beverage Commission.
Under the current system, compliant products may be sold by licensed businesses to adults 21 and older.
State law generally limits legal hemp-derived products to those meeting Tennessee’s total THC requirements. Products exceeding 0.3% total THC on a dry-weight basis are prohibited under the state’s current regulatory framework.
Tennessee also prohibits certain synthetic cannabinoids and products containing THCp.
The availability of legal hemp-derived cannabinoid products does not mean recreational marijuana is legal.
How Old Do You Have to Be to Buy Hemp-Derived THC Products in Tennessee?
You must be at least 21 to legally purchase hemp-derived cannabinoid products regulated under Tennessee law.
Retailers must obtain proof of age before selling or distributing a regulated hemp-derived cannabinoid product.
State law also prohibits a person under 21 from knowingly purchasing, possessing or accepting one of these products, subject to the specific provisions of the hemp law.
Are THCA Products Legal in Tennessee?
Tennessee’s current hemp-derived cannabinoid rules use total THC rather than looking only at delta-9 THC.
Total THC calculations account for tetrahydrocannabinolic acid, commonly known as THCA.
As a result, products that exceed Tennessee’s 0.3% total THC limit do not qualify for lawful sale simply because their delta-9 THC concentration alone falls below 0.3%.
This distinction became particularly important under the state’s hemp regulatory changes implemented in 2026.
Can Marijuana Be Delivered in Tennessee?
No. Tennessee has no legal recreational or medical marijuana delivery system.
There are no licensed marijuana retailers authorized to deliver conventional marijuana products to consumers.
Tennessee’s regulated hemp-derived cannabinoid market is separate from marijuana and subject to its own licensing and sales restrictions.
Can You Use Marijuana in Public in Tennessee?
No.
Because recreational marijuana possession itself remains illegal, Tennessee does not provide adults with a legal right to consume marijuana in public or on private property.
Using marijuana at home does not make otherwise unlawful possession legal.
Qualifying patients possessing low-THC cannabidiol oil must remain within the narrow requirements of the state’s statutory exception.
Does Tennessee Recognize Out-of-State Medical Marijuana Cards?
No. Tennessee does not have medical marijuana reciprocity.
A medical marijuana card issued by another state does not authorize someone to possess conventional marijuana in Tennessee.
The state’s limited cannabidiol exception does require certain patients to retain documentation concerning a legal order or recommendation from the issuing state, but this is not the same as recognizing another state’s medical marijuana card for general marijuana possession.
Visitors with medical marijuana cards should therefore not assume their marijuana is legal in Tennessee.
Is Driving While High Illegal in Tennessee?
Yes. Driving while impaired by marijuana is illegal in Tennessee.
State law prohibits a person from driving or being in physical control of a vehicle in areas generally frequented by the public while under the influence of marijuana or another intoxicating substance when it impairs the person’s ability to safely operate the vehicle.
Marijuana’s illegal status does not change the separate requirement that the state establish impairment in a driving-under-the-influence case.
Can You Bring Marijuana Into Tennessee From Another State?
No.
Marijuana legally purchased in another state cannot legally be brought into Tennessee for recreational use.
Tennessee’s controlled-substance laws continue to apply once the marijuana is within the state, and transporting marijuana across state lines can also implicate federal law.
An out-of-state medical marijuana card does not create a general exception.
Does Tennessee Have Legal Marijuana Dispensaries?
No.
Tennessee has no licensed recreational or comprehensive medical marijuana dispensaries.
Businesses selling regulated hemp-derived cannabinoid products are hemp retailers rather than marijuana dispensaries, even when some of the products contain psychoactive cannabinoids.
This distinction is especially important in Tennessee because the state’s regulated hemp market exists alongside continued prohibition of conventional marijuana.
