Is Weed Legal in Tennessee? 2025 Marijuana Laws Explained

Almost all forms of recreational weed, including flower, edibles, tinctures, oils, vape pens, and gummies, are illegal in Tennessee -- even for medical use. 

Tennessee's marijuana laws are some of the strictest in the U.S. There are a few exceptions for hemp-based products, but a new law narrows those in 2026. 

Tennessee's laws treat weed just like any other drug offense — with potential jail time, fines, and a permanent criminal record.

And if testing picks up any trace of marijuana in your system after a traffic stop, you won't only be at risk of possession charges. You could also end up charged with DUI.

Is Recreational Weed Legal in Tennessee?

Recreational weed isn't legal in Tennessee. However, there are a few key exceptions for certain hemp and CBD products that we will explain in a minute. Tennessee continues to crack down on marijuana use even as other states are loosening marijuana laws or legalizing it altogether. 

While lawmakers are tightening restrictions, polls show Tennesseans favor legalization. About 60% of Tennessee voters said they support legal recreational cannabis, according to a recent Vanderbilt poll. About 81% have indicated that they support medical marijuana use.

Here's a look at some of the state's restrictions.

Is CBD Legal in Tennessee?

Yes — under a federal law passed in 2018, hemp-derived CBD products with 0.3% THC or less are legal. You can legally buy CBD flower, tinctures, vapes, oils, and edibles as long as:

• They're made from federally legal hemp
• THC content doesn't exceed 0.3%
• You're 21 or older

However, you must still use caution. Even legal CBD products can lead to confusion with law enforcement, especially if the packaging doesn't clearly show the THC content. If police can't tell the difference, you could end up arrested — even if you bought the product legally. If this happens, contact us immediately.

READ MORE: Are your Delta-9 THC gummies legal? We tested some to find out

Legal CBD & Hemp Product Requirements in Tennessee:

Here are the requirements for legal CBD and hemp products as established by § 43‑27‑203 to § 43‑27‑209.

• Derived from hemp (Cannabis sativa with <0.3% Delta‑9 THC)
• Licensing is required to grow, process, or sell
• Product testing for potency and purity
• Labeling must include health disclaimers, age restriction warnings, and warnings about driving and pregnancy
• Purchases must be made in person

Are THCa, Delta-8, and Delta-9 Legal in Tennessee?

For now, some low-potency hemp-derived THC products are legal — but that's about to change. A new state law will ban THCa and restrict other intoxicating hemp products starting January 1, 2026. Here’s a breakdown of how the law will impact sales of each major THC product.

• THCa (Tetrahydrocannabinolic acid): Banned
• Delta-8: Banned
• Delta-9: Legal at potencies lower than .3% by dry weight, by dry weight are legal. However, products that convert to Delta-9 THC when heated will be illegal.
• Delta-10: Banned
• THCp: Banned
• THCv: Banned

Other New Restrictions Coming in 2026

The new state law, which was passed in May 2025, also cracks down on sales and serving sizes. Here are the key components:

• Outlaws online sales and delivery: It mandates face-to-face sales only (no online, delivery, or vending), restricted to licensees who only serve adults who are age 21 or older.
• Restricts serving sizes: Limit servings, package sizes, and product types (e.g., flower: max ½ oz per package; cartridges: ≤40 servings, 500mg total; edibles: ≤15mg per serving, 300mg per container).
• Transfers regulation: The law transfers the regulation of hemp-derived cannabinoid products (HDCP) from TDA to the Alcoholic Beverage Commission (ABC).
• Establishes new taxes and fees: Wholesale-level taxes will be based on milligrams of THC or ounces of flower. It also establishes new license fees and brand registration fees.

Is Medical Marijuana Legal in Tennessee?

Not exactly. Tennessee doesn't have a medical marijuana program. And although lawmakers have made efforts to try to implement one, those measures have failed to advance.

However, Tennessee does allow low‑THC cannabis oil (CBD oil with up to 0.9% THC) strictly for patients diagnosed with intractable epilepsy or certain serious conditions. This includes:

• ALS (Lou Gehrig’s Disease)
• Cancer (with wasting illness/pain/nausea)
• Alzheimer's disease
• Parkinson's disease
• Multiple sclerosis
• Inflammatory bowel disease
• HIV/AIDS

A Tennessee-licensed physician must diagnose these conditions, and the patient must participate in a registry or a state-approved research study.

Importantly, participants must purchase the oil outside of Tennessee. You cannot buy or cultivate it in‑state, and there are no dispensaries to serve patients within Tennessee.

Other eligibility requirements include:

• Tennessee residency
• Documentation confirming the lawful acquisition of the oil from another state
• Verified product testing and label showing THC ≤ 0.9% 

Possession of any cannabis oil failing those criteria is treated as illegal and subject to misdemeanor or felony penalties, depending on the amount. 

Can You Get a DUI for Weed in Tennessee?

Yes. Tennessee's DUI law covers any intoxicant — including marijuana.

Even if you're not impaired, if a blood test shows any detectable THC or metabolite, you could be charged. That includes weed you smoked days ago, since metabolites can linger long after the effects wear off.

Penalties for a first offense can include a minimum of two days in jail (with a maximum of 11 months and 29 days), a fine of up to $1,500, driver's license suspension for up to a year, and other potential consequences, including probation and court-ordered alcohol awareness programs.

As with a standard DUI, refusing chemical tests can result in an automatic suspension of your driver's license, even if you aren't convicted. Testing is required under Tennessee's implied consent law, but taking a sample by force requires a warrant or legal exception.

READ MORE: Penalties for a first DUI in Tennessee

What are the Penalties for Marijuana Possession in Tennessee?

Tennessee law still treats marijuana possession harshly. The exact penalty depends on how much you're caught with — and what law enforcement believes you intended to do with it.

Simple Possession (½ oz or less) 

• Charge: Class A misdemeanor
• Jail: Up to 11 months, 29 days
• Fines: Up to $2,500
• First offense: typically $250 minimum fine, higher fines for repeat offenses
• Other penalties: Drug offender school, probation, community service, court costs

Possession Over ½ Ounce = Felony Charges

If you're carrying more than half an ounce, police may charge you with possession with intent to distribute, especially if they find packaging materials, scales, or large sums of cash. Penalties increase with the amount.

Selling or possessing with the intent to sell follows the same penalties as above, based on weight.

Penalties may increase if you’re caught selling near a minor or within 1,000 feet of a school or daycare — it enhances the charge by one classification.

Is It Illegal to Grow or Sell Weed in Tennessee?

Yes — cultivation is a felony, even for personal use. The number of plants determines the felony class:

Is it Illegal to Carry Marijuana Paraphernalia in Tennessee?

Even everyday household items like a kitchen scale, baggies, or an eyedropper can be considered weed “paraphernalia.” Possession is a misdemeanor, but if police believe you’re planning to sell paraphernalia, you could face felony charges.

Possession of Drug Paraphernalia

• Charge: Class A misdemeanor
• Jail time: Up to 11 months
• Fine: Between $150 and $2,500, minimum $150 or higher on repeat offense

Selling Paraphernalia or Intent to Sell

• Charge: Class E felony
• Jail time: 1 to 6 years
• Fine: Up to $3,000 

We Can Help

As you can see, weed charges are particularly complicated due to evolving laws and the difficulties in determining the potency of HDCPs. If you're facing charges in Tennessee, contact us now for a free consultation. 

FAQs

What Is Tennessee’s Marijuana Stamp Tax?

Under Tenn. Code § 67‑4‑2801, you're legally required to pay a tax on illegal cannabis and affix tax stamps to the product — even though possessing it is a crime.

It’s a way for the state to fine you twice — once through the criminal system, and again through the Department of Revenue.

Current stamp tax rates for marijuana:

• $3.50 per gram of processed cannabis

• $350 per marijuana plant

Does marijuana enforcement in Tennessee vary by city?

Despite the strict legal enforcement, city and municipal governments have some leeway in enforcement, but cities cannot pass measures that decriminalize marijuana.

For example, in 2020, the Metro Nashville district attorney's office said it would stop prosecuting possession cases involving less than ½ oz (14 g).

Statistics indicate that informal policy has led to the dismissal of as many as 80–90% of minor marijuana cases, often resulting in civil citations or diversion rather than jail time. 

However, in 2017, a state law was enacted that prohibits cities from passing local marijuana decriminalization measures.

Does Tennessee have a medical marijuana program?

Tennessee does not have an official medical marijuana program, and recent legislative efforts to start one have failed. However, there is an exception that allows residents with a few very specific conditions to use CBD oils, but those oils must be purchased out of state, and eligibility requirements are strict. 

Can I be charged with DUI for smoking weed?

Yes. The law isn’t restricted to alcohol. You can be charged with DUI if weed, cannabinoids, prescription drugs, narcotics, or any other intoxicating substance is detected in a blood test.