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Is Marijuana Legal in Tennessee?

August 13, 2023
in Regulation
Reading Time: 9 mins read
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Tennessee

Welcome to our comprehensive guide to marijuana laws in Tennessee. If you’re wondering whether marijuana is legal in Tennessee, you’ve come to the right place. In this article, we’ll provide a detailed overview of the current laws and regulations surrounding marijuana in the state, including information on medical and recreational marijuana.

Whether you’re a Tennessee resident or planning to visit the state, it’s important to understand the legal status of marijuana. Tennessee has some of the strictest marijuana laws in the country, so it’s essential to know what you can and can’t do when it comes to marijuana possession, sale, and cultivation. Let’s dive in and explore Tennessee’s marijuana laws in detail.

Tennessee Marijuana Statutes

When it comes to marijuana laws and regulations, Tennessee has some of the strictest in the nation. Possessing any amount of marijuana in Tennessee is illegal, with penalties ranging from fines to jail time. Let’s take a closer look at Tennessee’s current marijuana statutes.

LawPossible Penalties
Simple PossessionFine of up to $250 (first offense) and/or up to one year in jail
Possession of More than Half an OunceFelony charge, with possible fine of up to $5,000 and/or up to six years in prison
Possession with Intent to SellFelony charge, with possible fine of up to $5,000 and/or up to six years in prison
CultivationFelony charge, with possible fine of up to $5,000 and/or up to six years in prison

As you can see, the penalties for violating Tennessee’s marijuana laws are severe. However, it’s important to note that there is a medical marijuana program in Tennessee for individuals with qualifying conditions. We’ll dive into that more in the next section.

Possession of Marijuana in Tennessee

As of 2021, possessing any amount of marijuana in Tennessee is considered a criminal offense. It is classified as a misdemeanor for first-time offenders, carrying a maximum penalty of 11 months and 29 days in jail, a fine of up to $2,500, and a driver’s license suspension of up to 1 year. Repeat offenders face harsher penalties, including longer jail sentences and higher fines.

It’s important to note that the severity of the penalty for marijuana possession can vary depending on the circumstances of the offense. Possession of marijuana with intent to sell or distribute is considered a felony, carrying much harsher penalties, including up to 30 years in prison and a fine of up to $500,000.

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If you are caught with marijuana in Tennessee, it is crucial that you seek legal advice immediately. A qualified criminal defense attorney can help you understand the charges against you and build a strong defense for your case.

Medical Marijuana in Tennessee

Despite the fact that medical marijuana has been legalized in many states throughout the US, Tennessee is not one of them. However, in 2014, the state legislature did pass a limited medical marijuana law, referred to as the Medical Cannabis Act. This law allows for the use of cannabis oil that contains less than 0.9% THC (the psychoactive component of marijuana) for certain medical conditions such as epilepsy.

In 2019, the General Assembly passed the Tennessee Medical Cannabis Act, a more comprehensive medical marijuana bill that would allow for the use of medical marijuana in a variety of forms and for a wider range of medical conditions. However, the governor vetoed the bill, citing concerns over the potential for abuse and the fact that marijuana is still illegal under federal law.

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While medical marijuana is not yet legal in Tennessee, there are efforts underway to change that. Advocates continue to push for legislative changes that would make medical marijuana more accessible to patients in need.

Recreational Marijuana in Tennessee

In Tennessee, it is illegal to possess or use recreational marijuana. The state has not yet legalized marijuana for recreational use, and the possession, sale, and cultivation of marijuana is illegal under state law.

Individuals caught with small amounts of marijuana may face misdemeanor charges, including fines and up to one year in jail. Possession of larger amounts or intent to distribute can result in felony charges, with penalties ranging from fines to several years in prison.

Despite the strict laws against recreational marijuana, there have been efforts to legalize it in Tennessee. However, any changes to current legislation will require significant support from lawmakers and the public.

Until recreational marijuana is legalized in Tennessee, it is important to follow the state’s laws and regulations regarding marijuana possession and use. Doing so can help you avoid serious legal consequences and protect your future.

Tennessee Marijuana Penalties

Anyone caught violating marijuana laws in the state of Tennessee can face significant legal consequences. The penalties for violating marijuana laws vary depending on the severity of the offense and the amount of marijuana involved.

OffensePenalty
Possession of less than half an ounceA misdemeanor punishable by a fine of up to $250
Possession of more than half an ounceA felony punishable by up to six years in prison and a fine of up to $3,000
Possession with intent to sellA felony punishable by up to 60 years in prison and a fine of up to $500,000

It is also important to note that in addition to these legal consequences, a drug conviction can have long-lasting effects on a person’s personal and professional life, including issues with employment and housing.

If you or someone you know is facing marijuana-related charges, it is important to seek legal counsel and understand the potential consequences of a conviction.

Is Marijuana Decriminalized in Tennessee?

Currently, marijuana is not decriminalized in Tennessee. Possession of any amount can result in fines and jail time, depending on the circumstances.

However, there have been efforts to decriminalize marijuana in Tennessee, particularly in Nashville and Memphis. These cities have passed ordinances that reduce the penalties for possession of small amounts of marijuana to a civil fine, rather than a criminal offense.

Despite these efforts, marijuana remains illegal in Tennessee and possession, sale, and cultivation of marijuana are all punishable by law. It’s important to stay up to date on any changes to marijuana laws in the state to ensure you’re aware of the legal consequences of any actions related to marijuana.

How to Obtain a Medical Marijuana Card in Tennessee

If you are a Tennessee resident and have been diagnosed with a qualifying medical condition, you may be eligible for a medical marijuana card. Here are the steps to follow:

  1. Speak to your healthcare provider to determine if medical marijuana is right for you. They can certify your condition and complete the necessary paperwork.
  2. Visit the Tennessee Department of Health website and download the necessary forms. You will need to complete the application and submit it along with your healthcare provider’s certification.
  3. Pay the $50 application fee, which is non-refundable even if your application is denied.
  4. Submit your application and all supporting documentation to the Tennessee Department of Health. You can do this by mail or in person.
  5. Wait for your application to be reviewed and processed. If approved, you will receive your medical marijuana card in the mail within 30 days.

It is important to note that possession of a medical marijuana card does not exempt you from state laws regarding marijuana. You should always follow the laws and regulations in your state to avoid any legal consequences.

Tennessee Marijuana Legalization Efforts

While marijuana remains illegal for recreational use in Tennessee, there have been increasing efforts to legalize the drug in some form. In recent years, the state has seen a push for medical marijuana legalization, but those efforts have been met with resistance from lawmakers and law enforcement officials.

Despite the challenges, advocates for marijuana legalization continue to work towards making changes to current laws and regulations in Tennessee. The Tennessee Medical Cannabis Act, a bill that would legalize medical marijuana in the state, has been introduced in the General Assembly but has yet to be passed.

Additionally, public opinion on marijuana legalization is shifting in Tennessee. A recent poll conducted by Vanderbilt University found that a majority of Tennesseans support legalizing medical marijuana. However, the same poll also found that a majority of respondents do not support recreational marijuana legalization.

Efforts to Decriminalize Marijuana in Tennessee

While marijuana remains illegal for both medical and recreational use in Tennessee, there have been discussions around decriminalizing small amounts of the drug. In 2016, the city of Nashville passed a law that allowed police officers to give individuals caught with small amounts of marijuana a civil citation instead of arresting them.

However, the state legislature quickly passed a bill that overturned Nashville’s marijuana decriminalization law, showing that decriminalization efforts in Tennessee still face significant challenges.

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Overall, while marijuana legalization efforts in Tennessee face obstacles, there is growing support for changes to the state’s marijuana laws. Stay informed on any updates and changes to Tennessee’s marijuana regulations by following local news sources and advocacy groups.

Tennessee Marijuana FAQs

Is marijuana legal in Tennessee?
No, marijuana is currently illegal for both medical and recreational use in Tennessee. However, there is a limited medical marijuana program in place for qualified patients.

What are the penalties for possession of marijuana in Tennessee?
Possession of any amount of marijuana in Tennessee can result in fines and possible jail time, depending on the circumstances. Penalties can range from a $250 fine for a first offense of possession of less than a half-ounce to a felony charge for possession of over 30 pounds of marijuana.

What medical conditions qualify for medical marijuana in Tennessee?
In Tennessee, medical marijuana is only available for a limited number of conditions, including cancer, epilepsy, multiple sclerosis, Parkinson’s disease, and HIV/AIDS, among others. Patients must also meet certain criteria and obtain a recommendation from a qualified physician.

How do I obtain a medical marijuana card in Tennessee?
To obtain a medical marijuana card in Tennessee, patients must first obtain a recommendation from a qualified physician. They must then submit an application to the Tennessee Department of Health along with a non-refundable fee of $50. Once approved, patients can purchase medical marijuana from licensed dispensaries in the state.

Is there a movement to legalize marijuana in Tennessee?
Yes, there have been efforts to legalize marijuana in Tennessee in recent years, but none have been successful so far. However, public opinion polls show that an increasing number of Tennesseans support legalization.

Is marijuana decriminalized in Tennessee?
No, marijuana is not decriminalized in Tennessee. Possession of any amount of marijuana can result in fines and possible jail time.

Can I grow marijuana for personal use in Tennessee?
No, it is illegal to cultivate marijuana for any purpose in Tennessee, including personal use.

Can I travel to other states with medical marijuana and use it?
No, it is illegal to transport medical marijuana across state lines, even if it is legal in both states.

Are there any CBD-specific laws in Tennessee?
Yes, Tennessee allows for the use of CBD oil with less than 0.9% THC for medical purposes only. However, it is still illegal to possess or use marijuana for any other purpose in the state.

Conclusion

In conclusion, the answer to the question “Is marijuana legal in Tennessee?” is no, except for medical use in limited circumstances. Tennessee has strict marijuana laws that prohibit possession, sale, and cultivation of the drug, with penalties that include fines and possible jail time.

However, there is growing support for marijuana legalization in Tennessee, and efforts to decriminalize the drug and expand the state’s medical marijuana program are underway. It’s important to stay informed on any changes to marijuana laws in Tennessee and to follow them to avoid legal consequences.

Thank you for reading our guide to marijuana laws in Tennessee. For more information, refer to official government sources and consult with legal professionals.

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