Overview & Legal Status
Tennessee has no medical cannabis programme and no adult-use legalisation. A limited CBD oil provision (T.C.A. § 39-17-402) legalised CBD oil with ≤0.9% THC for medical purposes, but there is no dispensary network or patient registry. Tennessee has a strong industrial hemp programme. All marijuana remains a criminal offence under T.C.A. § 39-17-418.
Key Facts
Adult-Use StatusFully illegal — no decriminalisation
Medical ProgrammeNone — CBD oil ≤0.9% THC permitted but no dispensary/registry system
Hemp/CBD StatusLegal — Tennessee Department of Agriculture hemp programme
Governing LawT.C.A. §§ 39-17-418 et seq. — Tennessee Drug Control
RegulatorTennessee Bureau of Investigation (TBI); TN Dept. of Agriculture (hemp)
CBD ExceptionT.C.A. § 39-17-402 — CBD oil ≤0.9% THC decriminalised for medical use but no supply infrastructure
Licensing
Licence Types in Tennessee
- No Medical Cannabis Licences — no cultivation, processing, dispensary, or delivery licences
- No Adult-Use Cannabis Licences
- Industrial Hemp Grower Licence — Tennessee Dept. of Agriculture
- Tennessee Hemp Pilot Programme enacted 2014; full commercial programme established 2019
- Annual licence; acreage reporting; pre-harvest THC testing required
- One of the larger hemp programmes in the Southeast
- Hemp Processor/Handler Licence — extraction, CBD production, fibre processing
- CBD products produced from Tennessee hemp may be sold in retail
- Must meet ≤0.3% THC standard
- CBD Oil — No Licence Required — T.C.A. § 39-17-402 allows possession of CBD oil (≤0.9% THC) by anyone with a medical need but provides no supply chain or dispensary system — an effective legal gap
Tennessee's CBD law (T.C.A. § 39-17-402) creates a legal paradox: CBD oil with ≤0.9% THC is technically permitted for medical use, but there is no licensed dispensary, no physician certification process, and no reliable legal supply chain. Patients are in a grey area.
Taxation
Cannabis TaxN/A — all cannabis above hemp levels fully illegal
Adult-Use Tax
N/A
No legal market
Medical Tax
N/A
No programme
Hemp/CBD Retail
7%
TN state sales tax
Local Tax
2.25%
Most TN jurisdictions
Implications
- Tennessee generates no cannabis tax revenue
- Hemp and CBD retail products subject to 7% state sales tax + local rates (~9.25% combined in most areas)
- Tennessee has one of the highest combined state+local sales tax rates in the US (avg ~9.55%)
- No cannabis excise tax framework has been enacted or proposed
Advertising
- No cannabis advertising permitted — no legal cannabis market
- Advertising marijuana promotes an illegal substance under Tennessee law
- Hemp/CBD advertising: FTC standards apply; Tennessee Consumer Protection Act prohibits false/misleading health claims for CBD products
- Tennessee AG's Consumer Protection Division actively monitors CBD advertising claims
- Out-of-state cannabis companies must not target Tennessee consumers
Workplace Rules
- No employment protections for cannabis users in Tennessee
- Employers freely enforce drug-free workplace policies
- Positive cannabis test valid grounds for termination regardless of CBD law provision
- Tennessee Drug-Free Workplace Programme: Optional employer certification; workers' comp premium discounts available
- Federal contractors: Drug-Free Workplace Act applies — cannabis prohibited
- No pending legislation to add employment protections for cannabis users
Possession & Transactions
Legal Possession Limit0 (marijuana) · CBD oil ≤0.9% THC technically permitted but no supply chain
0
Marijuana — illegal
≤0.9% THC
CBD oil — limited
≤0.3% THC
Hemp — legal
N/A
No medical programme
Possession Offences
- ½ oz or less — first offence: Class A Misdemeanour — up to 1 year, $2,500 fine
- ½ oz or less — subsequent offence: Class A Misdemeanour — up to 1 year; enhanced fines
- ½ oz – 10 lbs: Class E Felony — 1–6 years
- 10 lbs – 70 lbs: Class D Felony — 2–12 years
- 70 lbs – 300 lbs: Class C Felony — 3–15 years; mandatory minimum $5,000 fine
- 300 lbs or more: Class B Felony — 8–30 years; mandatory minimum $200,000 fine
Transaction Rules
- No legal cannabis transactions in Tennessee
- Hemp/CBD may be purchased at licensed retail; standard consumer rules
- Purchasing cannabis in neighbouring states and returning to Tennessee is drug trafficking
Product Testing
- No cannabis product testing framework — no legal cannabis products manufactured
- Hemp testing: TN Dept. of Agriculture requires pre-harvest THC testing; approved lab list
- TBI forensic labs test suspected marijuana in criminal investigations
- No state-licensed cannabis testing laboratories exist
Medical Cannabis
Tennessee has NO medical cannabis programme. The limited CBD provision (T.C.A. § 39-17-402) legalises possession of CBD oil (≤0.9% THC) but provides no supply infrastructure, no patient registry, and no physician certification process.
CBD Oil Provision
- T.C.A. § 39-17-402 — CBD oil with ≤0.9% THC is legal to possess for any person with a medical need
- No qualifying condition list — 'medical need' is undefined in the statute
- No dispensary, no physician certification required, no patient card
- No legal supply chain: patients must obtain from hemp CBD retailers or out-of-state sources
- Practical limitation: Most CBD oil sold in retail has negligible THC — technically legal under the provision
Legislative History
- Multiple medical cannabis bills introduced in the Tennessee General Assembly — all failed
- In 2023, HB 1440 to allow medical cannabis was introduced — did not advance
- Tennessee's conservative legislature has consistently rejected medical cannabis proposals
- No qualifying conditions, no patient registry, and no dispensary system exists or is planned
Medical CannabisNot available — CBD oil ≤0.9% THC only, no supply infrastructure
Adult-Use Cannabis
Adult-use cannabis is fully illegal in Tennessee. No decriminalisation exists at state level. Tennessee does not have a citizen initiative process for law changes.
Legal Status
- Tennessee has strict enforcement — all marijuana possession criminal
- Nashville and Memphis have high cannabis arrest rates
- No cannabis tax revenue — Tennessee estimates losing $100M+ in potential annual revenue
Local Ordinances
- No Tennessee municipality has enacted cannabis decriminalisation
- Nashville, Memphis, Knoxville, Chattanooga — state law enforcement applies
- Nashville has discussed local reform but no ordinance enacted as of 2026
Criminal Penalties
Possession
- ½ oz or less: Class A Misdemeanour — up to 1 year, $2,500 fine
- ½ oz – 10 lbs: Class E Felony — 1–6 years
- 10 lbs – 70 lbs: Class D Felony — 2–12 years
- 70 lbs+: Class B/C Felony — 8–30 years; heavy mandatory fines
Sale & Trafficking
- Sale of any amount: Class E Felony minimum — 1–6 years
- Near school: Enhanced; Class D Felony minimum
- Trafficking (large quantities): Class B Felony — 8–30 years minimum
- Sale to minor: Class B Felony — enhanced mandatory sentence
⚠️ Adult-Use Cannabis — Important Warnings
- Adult-use recreational cannabis is NOT legal in Tennessee. Possession, sale, and cultivation outside any approved medical programme remains a criminal offence.
- Medical cannabis patients (where a programme exists) must carry their state-issued registry card at all times when in possession of cannabis.
- Cannabis cannot be transported across state lines — this is a federal offence regardless of destination state laws.
- Do not drive or operate heavy machinery while impaired by cannabis — DUID/DUI laws are enforced.
- Airports operate under federal jurisdiction — carrying cannabis through airports is a federal offence.
- Cannabis is prohibited on all federal lands including national parks, forests, and federal buildings.
- Keep all cannabis and CBD products out of reach of children and pets at all times.
- Cannabis use during pregnancy or breastfeeding is strongly discouraged by health authorities.
🚨 Legal Disclaimer
This page is provided for general informational purposes only and does not constitute legal advice. Cannabis laws in Tennessee change frequently — always verify current statutes with official Tennessee government sources or consult a qualified attorney licensed in Tennessee.
- Information reflects laws known as of March 15, 2026 — subject to legislative change without notice.
- Local city and county ordinances may impose additional restrictions beyond state law.
- Federal law supersedes state law in all federal jurisdictions and employment contexts.
- CannBus accepts no liability for actions taken based on information on this page.
📚 References & Sources
- T.C.A. §§ 39-17-418 et seq. — Tennessee Drug Control Act
- T.C.A. § 39-17-402 — Definition of Marijuana (CBD oil exemption)
- Tennessee Dept. of Agriculture Hemp Programme — tn.gov/agriculture/farms/hemp
- Tennessee Bureau of Investigation — tn.gov/tbi
- HB 1440 (2023) — Medical Cannabis Bill (not enacted)
- Document date: March 15, 2026 · Cannabis Laws · www.cannbus.org
📅 Document last reviewed: March 15, 2026 ·
Cannabis Laws · www.cannbus.org