Tennessee Marijuana Laws

Introduction

Tennessee marijuana laws remain among the strictest in the United States. Unlike many states that have embraced more lenient approaches, Tennessee continues to prohibit marijuana for both recreational and medical use. Understanding Tennessee’s marijuana regulations is crucial for residents and visitors alike, as possession, sale, and cultivation of marijuana carry significant legal consequences. This comprehensive guide explores Tennessee’s stance on marijuana, including recent legislative developments, penalties for various offenses, and limited exceptions for certain hemp-derived products.

Overview of Marijuana Laws

• Marijuana remains fully illegal in Tennessee for both recreational and medical use. Possession, sale, and cultivation of marijuana are criminal offenses. However, the state does allow for the sale and possession of certain hemp-derived products containing low levels of THC.

Recreational Marijuana Laws

• Current Status: Recreational marijuana is illegal in Tennessee.
• How to Legally Obtain Recreational Marijuana: There is no legal way to obtain recreational marijuana in Tennessee.

Medical Marijuana in Tennessee

• Eligibility and Requirements: Tennessee does not have a medical marijuana program.
• How to Obtain a Medical Marijuana Card: Medical marijuana cards are not available in Tennessee.

Business Licensing for Marijuana Operations

• Types of Licenses Required: There are no licenses available for marijuana businesses in Tennessee.
• Application Process: Not applicable as marijuana businesses are not legal in Tennessee.

Taxation of Marijuana Products

• Sales Tax and Excise Tax: As marijuana sales are illegal, there are no specific taxes on marijuana products.

Recent and Upcoming Marijuana Legislation

• Recent Changes in the Law: No significant changes have been made to Tennessee’s marijuana laws recently.
• Proposed Legislation and Potential Impact: There are currently no major proposals to legalize marijuana in Tennessee.

Penalties for Violating Marijuana Laws

• Legal Consequences for Possession: Possession of any amount of marijuana is a misdemeanor, punishable by up to one year in jail and a $2,500 fine for a first offense.
• Penalties for Illegal Sales or Distribution: Sale of marijuana is a felony, with penalties increasing based on the amount sold.

Regulations for Marijuana Sales and Distribution

• Retail Sales Regulations: There are no legal retail sales of marijuana in Tennessee.
• Distribution and Supply Chain Requirements: Not applicable as marijuana distribution is illegal.
• Compliance with State and Local Laws: All marijuana sales and distribution remain illegal under state law.

Personal Use and Possession Regulations

• Limits on Possession: Any amount of marijuana possession is illegal.
• Public Use Restrictions: Use of marijuana in public or private is illegal.

Hemp Business Legality in Tennessee

• Legalization Date: Hemp was legalized in Tennessee in 2019.
• Licensing Requirements: Hemp growers must obtain a license from the Tennessee Department of Agriculture.
• Regulatory Compliance: Hemp businesses must comply with state regulations, including THC content limits of 0.3% or less.

Frequently Asked Questions

Is marijuana legal in Tennessee now?

No, marijuana is not legal in Tennessee for recreational or medical use. The state maintains strict prohibition on all forms of marijuana, with possession, sale, and cultivation being criminal offenses.

Can Tennessee residents obtain a medical marijuana card?

Tennessee does not have a medical marijuana program. Consequently, there is no legal process for obtaining a medical marijuana card in the state.

What penalties does Tennessee impose for marijuana possession?

In Tennessee, possession of any amount of marijuana is a misdemeanor offense. First-time offenders can face up to one year in jail and a fine of up to $2,500, with penalties potentially increasing for subsequent offenses.

Are CBD products legal to purchase in Tennessee?

Yes, CBD products derived from hemp with less than 0.3% THC are legal in Tennessee. These products became legal following the passage of the 2018 Farm Bill and subsequent state legislation.

Can Tennessee farmers legally grow hemp?

Yes, hemp cultivation is legal in Tennessee with proper licensing. Farmers must obtain a license from the Tennessee Department of Agriculture and comply with state regulations, including maintaining THC levels below 0.3%.

Are delta-8 THC products currently legal in TN?

As of now, delta-8 THC products are legal in Tennessee if derived from hemp and containing less than 0.3% delta-9 THC. However, the legal status of delta-8 is subject to ongoing debate and potential future regulation.

Are there recreational dispensaries in Tennessee?

No, there are no recreational marijuana dispensaries in Tennessee, as recreational marijuana remains illegal in the state. While CBD oil with low THC content is allowed for limited medical use, both recreational and medical marijuana dispensaries do not exist in Tennessee.

How does Tennessee law differentiate between hemp and marijuana?

Tennessee law follows federal guidelines, defining hemp as cannabis plants containing 0.3% or less THC by dry weight. Any cannabis plant with more than 0.3% THC is classified as marijuana and is illegal under state law.

Can out-of-state visitors bring marijuana into Tennessee?

No, it is illegal to bring marijuana into Tennessee from other states, even if it was legally purchased elsewhere. Doing so could result in criminal charges under both state and federal law.

Are there any current efforts to legalize Tennessee marijuana?

While there have been some legislative efforts to reform marijuana laws in Tennessee, no major proposals for full legalization have gained significant traction. The state’s stance on marijuana remains conservative compared to many other states.

Do Tennessee employers have the right to drug test for marijuana?

Yes, Tennessee employers can drug test for marijuana and make employment decisions based on the results. The state’s laws do not provide protections for marijuana users in employment contexts, even if used legally in other states.

Conclusion

Tennessee’s approach to marijuana remains conservative compared to many other states. Recreational and medical marijuana are illegal, with possession of even small amounts being a criminal offense. However, there are limited allowances for hemp-derived products like CBD oil with low THC content. As the national conversation around marijuana legalization evolves, Tennessee residents should stay informed about potential changes to state laws. Currently, individuals in Tennessee face strict penalties for marijuana-related offenses, making it essential to understand and comply with existing regulations. While some cities have attempted to implement decriminalization measures, state law continues to take precedence, maintaining Tennessee’s position as one of the most restrictive states regarding marijuana use and possession.