No. Marijuana is illegal in Tennessee for both recreational and medical use, and possessing even a small amount is a Class A misdemeanor under state law. The only exceptions are low-THC cannabis oil (under 0.9% THC) for people with certain diagnosed conditions and regulated hemp products sold to adults 21 and older, rules that tightened when a new hemp law took effect on January 1, 2026.
This guide is for residents and visitors who want to know what is allowed, what the penalties are, and how the 2025 hemp law changed what stores sell. It reflects the law as of October 2026, with links to the sources. It is general information, not legal advice.
Tennessee Cannabis Laws at a Glance
| Topic | The rule in Tennessee | Source |
|---|---|---|
| Legal status | Illegal for recreational and medical use | Tenn. Code Ann. 39-17-418 |
| Simple possession | Class A misdemeanor, any amount for personal use | Tenn. Code Ann. 39-17-418 |
| Minimum fines | $250 first conviction, $500 second | Tenn. Code Ann. 39-17-428 |
| Medical program | None; low-THC oil (under 0.9% THC) allowed for listed conditions with proof | Public Chapter 577 (2021) |
| Home grow | Illegal; treated as manufacturing | Tenn. Code Ann. 39-17-417 |
| Hemp products | 21+ only, licensed retailers, 0.3% total THC cap (THCA counted) | Public Chapter 526 (2025) |
| Hemp delivery | Shipping or delivering hemp THC products to consumers is unlawful | Tenn. Code Ann. 57-7-113 |
| Driving | DUI is impairment-based; no THC blood limit | Tenn. Code Ann. 55-10-401 |
| Hemp regulator | Tennessee Alcoholic Beverage Commission | Public Chapter 526 |
Is Marijuana Legal in Tennessee?
No. Tennessee has not legalized marijuana for adult use or created a medical marijuana program, and there is no statewide decriminalization. Under Tenn. Code Ann. 39-17-418, knowingly possessing a controlled substance, including marijuana, is a Class A misdemeanor. Tennessee has no ballot initiative process, so any change has to come from the General Assembly.
Lawmakers file decriminalization and medical bills nearly every year, and none has passed. In 2026, HB 2062 and its Senate companion SB 2095, which would have changed the small-amount possession rules, stalled in committee. The House bill was reset in the Criminal Justice Subcommittee on April 7, 2026, and the Senate bill was sent to a general subcommittee on March 25, 2026. As of October 2026, current law is unchanged.
Penalties for Marijuana Possession in Tennessee
- Simple possession or casual exchange: a Class A misdemeanor under Tenn. Code Ann. 39-17-418. Giving away or distributing a small amount of marijuana, not more than one-half ounce, is also covered by this section.
- Maximum sentence: a Class A misdemeanor carries up to 11 months and 29 days in jail, a fine of up to $2,500, or both, under Tenn. Code Ann. 40-35-111.
- Mandatory minimum fines: Tenn. Code Ann. 39-17-428 sets a minimum fine of $250 for a first misdemeanor marijuana conviction and $500 for a second.
- Repeat offenses: since a 2016 amendment, the felony enhancement for a third possession conviction in 39-17-418(e) applies only to heroin, not marijuana.
- Larger amounts and sales: possessing with intent to sell, selling or manufacturing more than one-half ounce is a felony under Tenn. Code Ann. 39-17-417.
Medical Cannabis and Low-THC Oil in Tennessee
Tennessee has no medical marijuana program, no dispensaries and no patient cards. What it does have is a narrow exception for cannabidiol oil. Under Public Chapter 577 (SB 118, signed May 27, 2021), which amended Tenn. Code Ann. 39-17-402, oil with less than 0.9% THC is not “marijuana” if:
- The bottle is labeled by the manufacturer as containing less than 0.9% THC (for the expanded conditions, the label must also show the manufacturer’s name, expiration date or batch number, and THC strength).
- The person keeps proof of the legal order or recommendation from the state where the oil was issued.
- The person, or an immediate family member, has been diagnosed by a Tennessee-licensed MD or DO with intractable seizures or epilepsy, or with one of these conditions: Alzheimer’s disease, ALS, end-stage cancer or cancer treatment causing wasting, nausea or pain, inflammatory bowel disease, multiple sclerosis, Parkinson’s disease, HIV or AIDS, or sickle cell disease.
- For the expanded conditions, the person also has a valid letter of attestation from the diagnosing doctor.
The same 2021 law created the Tennessee Medical Cannabis Commission to study a future program. The law does not let anyone grow, make or sell this oil in Tennessee.
Hemp, Delta-8 and THCA in Tennessee After 2026
The biggest recent change in Tennessee is the hemp law. Public Chapter 526 (HB 1376), signed in May 2025, took effect on January 1, 2026. It moved oversight of hemp-derived cannabinoid products from the Department of Agriculture to the Tennessee Alcoholic Beverage Commission and set these rules:
- THCA counted: it is an offense to make or sell any hemp product with more than 0.3% total THC on a dry weight basis, which counts THCA. That ended legal sales of high-THCA flower.
- Banned outright: synthetic cannabinoids and THCP.
- Age 21: sellers must check ID for every sale, and it is an offense for anyone under 21 to buy or possess these products.
- Where sold: only licensed retailers that admit adults 21 and older, liquor stores, and bars or restaurants licensed for on-site use. Grocery and convenience stores could sell only until their old Agriculture licenses expired, generally by July 1, 2026.
- No delivery: shipping or delivering these products to consumers in Tennessee is unlawful.
- Limits per product: edibles may not exceed 15 mg of hemp cannabinoids per serving, hemp flower packages are capped at half an ounce, and vape cartridges at 500 mg.
- Original packaging: buyers must keep unused product in its original package; violating that is a Class C misdemeanor.
Two 2026 laws added to that framework. SB 2295 (Public Chapter 1127) added a 10% tax on the wholesale cost of inhalable hemp cartridges, effective July 1, 2026. SB 1761 (Public Chapter 698) revised QR-code and lab-report labeling rules.
Federal law is also changing. A federal law signed November 12, 2025, redefines hemp by total THC and caps finished products at 0.4 mg total THC per container. Products with cannabinoids the plant cannot naturally produce, such as THC-O, lose hemp status November 12, 2026, and the remaining limits, including the ban on converted delta-8, follow on December 11, 2026. See our federal law guide.
Growing, Driving and Traveling With Cannabis
Home growing: illegal. Cultivating marijuana counts as manufacturing a controlled substance under Tenn. Code Ann. 39-17-417, and the low-THC oil exception does not cover growing.
Driving: Tennessee’s DUI law, Tenn. Code Ann. 55-10-401, covers driving under the influence of marijuana or any drug that impairs a driver. There is no set THC blood limit; the charge rests on impairment.
Crossing state lines: bringing marijuana bought legally in another state into Tennessee is still possession under Tennessee law, and carrying it across any state line is illegal under federal law. Neighboring Virginia and Missouri allow adult use, but that legal status ends at their borders. Federal land, including the Great Smoky Mountains National Park, follows federal law, where adult-use marijuana remains a Schedule I drug.
What Changed in Tennessee Cannabis Law Recently
- Hemp overhaul (2026): Public Chapter 526 took effect January 1, all-ages stores stopped selling by July 1, and a 10% cartridge tax began July 1.
- Possession bills (2026): HB 2062 and SB 2095 did not advance.
- Federal rescheduling (2026): in April 2026 the Justice Department moved state-licensed medical marijuana to Schedule III. Tennessee licenses no medical marijuana, so that change does not apply here.
Tennessee Marijuana Laws FAQ
Is weed legal in Tennessee?
No. Recreational and medical marijuana are both illegal in Tennessee. Possession of any amount for personal use is a Class A misdemeanor under Tenn. Code Ann. 39-17-418.
What is the penalty for possession of marijuana in Tennessee?
Up to 11 months and 29 days in jail and a fine of up to $2,500, with a mandatory minimum fine of $250 for a first conviction and $500 for a second.
Does Tennessee have medical marijuana?
No. It allows only cannabis oil with less than 0.9% THC, obtained outside Tennessee, for people diagnosed with epilepsy or one of eight listed conditions who keep the required proof.
Is THCA flower legal in Tennessee?
No, not since January 1, 2026. Hemp products may not exceed 0.3% total THC, a measure that counts THCA, under Public Chapter 526.
Is delta-8 legal in Tennessee?
Tennessee’s hemp law lists delta-8 as a regulated hemp-derived cannabinoid that only licensed retailers may sell to adults 21 and older, while synthetic cannabinoids are banned. Federal restrictions on converted cannabinoids, which cover most delta-8 sold today, take effect December 11, 2026.
Can you grow marijuana in Tennessee?
No. Growing marijuana is treated as manufacturing a controlled substance under Tenn. Code Ann. 39-17-417.
More Cannabis Law Guides
Compare Tennessee with other states in our state-by-state cannabis law guides, read the latest on rescheduling in our federal marijuana law guide, or check nearby states such as Virginia and Missouri.
Neighboring state guides: Kentucky · Virginia · North Carolina · Georgia · Alabama · Mississippi · Arkansas · Missouri · All state cannabis laws
General information about Tennessee cannabis law as of October 2026, not legal advice.