As social perceptions of marijuana use continue to evolve across the United States, marijuana use – both recreationally and medicinally – has become more accepted and commonplace in many places. However, marijuana laws differ still significantly in various states. For example, while states like California and Colorado have embraced broad legalization for both medical and recreational purposes, Tennessee has taken a far more conservative approach.
In Tennessee, marijuana remains illegal for both recreational and medicinal use, making it one of the stricter states when it comes to cannabis regulation. Under Tennessee law, marijuana is essentially illegal for any purpose, even if that purpose is medicinal in nature.
Possession for personal use
For first-time offenders, possession of half an ounce (14 grams) or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $250. This penalty applies even to small quantities intended solely for personal use. Repeat offenders or those found in possession of larger amounts may face even stiffer penalties, with the risk of higher fines and longer jail sentences.
Possession with intent to distribute
When someone possesses larger amounts of marijuana, law enforcement may assume that they have the intent to distribute. Possession of more than half an ounce is generally prosecuted as a felony in Tennessee. The penalties depend on the amount of marijuana in question and may result in several years of imprisonment and substantial fines. For example, possession of over 10 pounds of marijuana could lead to a sentence of up to 12 years in prison, and more than 300 pounds could lead to a 60-year sentence.
Marijuana distribution and trafficking
Those caught distributing or trafficking marijuana in Tennessee face even harsher consequences. Distribution charges can escalate to lengthy prison sentences and high fines, with penalties becoming increasingly severe based on the volume and nature of the operation. Selling marijuana within 1,000 feet of a school, for example, can add significant time to a sentence.
CBD vs. marijuana in Tennessee
Although marijuana remains illegal, Tennessee law does permit the sale and use of CBD (cannabidiol) products, which are derived from the same cannabis plant. CBD products are commonly used for various therapeutic purposes, such as managing anxiety, inflammation and chronic pain. The difference between CBD and marijuana is that CBD does not contain any significant tetrahydrocannabinol (THC), the compound responsible for the “high” associated with marijuana unless this compound is specifically added to a CBD product. Read your labels to stay out of trouble!
As clarified by the Tennessee Bureau of Investigation, legal CBD products must contain less than 0.3% THC, which is a negligible amount that does not produce psychoactive effects. Therefore, CBD oils, gummies, and other products are readily available for purchase across the state, and consumers do not need a prescription or special authorization to buy them. However, possessing CBD products with higher THC levels—essentially marijuana—remains illegal.
Know the law
While many states are loosening restrictions on marijuana use, Tennessee stands firm in its prohibition. People who assume that marijuana laws are the same across the U.S. or believe that medical marijuana exceptions exist in Tennessee could find themselves facing severe legal consequences. Even a small amount of marijuana can lead to jail time. Therefore, it’s important to know the law and to follow it accordingly. Should trouble arise, however, know that seeking personalized legal guidance is always an option.