Is Marijuana Still Illegal in Tennessee?

 Posted on January 23, 2026 in Drug Crimes

As of 2026, Tennessee does not allow marijuana for recreational use and does not have a full medical marijuana program, even though laws have changed in many other states. Only very limited low-THC products are allowed under narrow circumstances. This often surprises people who assume marijuana laws are the same everywhere.

If you are facing a drug charge related to marijuana, an Anderson County, TN drug crimes defense lawyer can help explain how strict Tennessee law still is and what that means for your case.

What Does Tennessee Law Say About Marijuana Possession?

Under Tennessee law, marijuana is classified as an illegal controlled substance. Possessing marijuana for personal use is still a crime, even in small amounts.

Under Tenn. Code Ann. § 39-17-418, simple possession can lead to arrest and criminal charges. A conviction can also stay on your record, which may affect future employment, housing, or education.

Tennessee has not legalized or broadly decriminalized marijuana, and police do not need to treat marijuana possession as a minor offense.

What Penalties Can You Face for Marijuana Charges in Tennessee?

The penalties for marijuana charges depend on the facts of the case, including how much marijuana was involved and whether there are prior offenses. Even a first offense can still carry severe consequences. While jail time may not always be imposed, probation, fines, and court requirements are common.

Factors that often affect how a case is charged include:

• The amount of marijuana involved

• Whether law enforcement claims it was for personal use or sale

• Any prior criminal or drug history

• Where and how marijuana was discovered

Repeat offenses or larger amounts often lead to harsher penalties.

Is Medical Marijuana Legal in Tennessee?

Tennessee does not have a traditional medical marijuana program like many other states. While some low-THC products may be allowed in very limited situations, marijuana flower and most cannabis products remain illegal. Keep in mind that medical marijuana cards from other states do not provide protection in Tennessee.

Under Tenn. Code Ann. § 39-17-415, only specific products are permitted. Possession of marijuana itself can still result in criminal charges.

How Are Marijuana Sale or Distribution Charges Treated in Tennessee?

Charges involving selling marijuana or possessing it with the intent to sell are treated differently from simple possession.

Distribution charges are often felonies and can result in longer jail or prison sentences, higher fines, and more lasting consequences. Police may use items found in the person’s possession, such as packaging, scales, text messages, or cash, as evidence to support these charges. Because these cases often involve searches and traffic stops, how evidence was obtained can be a key issue.

Can You Be Charged in Tennessee if You Purchased Weed in a Legal State?

Tennessee law applies no matter where the marijuana was purchased or whether it is legal in another state. Bringing marijuana into Tennessee or carrying it across state lines can also create additional legal problems. Saying that marijuana is legal elsewhere is not a defense in Tennessee courts. This is actually a common misunderstanding.

What Defenses May Be Available in a Tennessee Weed Case?

Possible defenses in a marijuana case depend on the specific facts and how law enforcement handled the situation. Not every arrest automatically leads to a conviction, and some cases have weaknesses that can be challenged.

Depending on the circumstances, defenses may include:

• Unlawful search or seizure, where police lacked legal grounds to stop, search, or detain you

• Lack of possession, meaning the marijuana did not belong to you, or you did not have control over it

• Insufficient evidence, where the prosecution cannot prove the substance was marijuana or cannot prove the required amount

• Improper intent allegations, especially in cases where police claim intent to sell without strong supporting evidence

A defense lawyer can review the evidence, explain which defenses may apply, and help you understand your options under Tennessee law.

Schedule a Free Consultation With Our Blount County, TN Drug Crimes Defense Attorney

If you are facing marijuana charges, getting clear guidance early can help you understand your options, and Jeffrey Coller, Knoxville Criminal Defense Attorney can help. Attorney Coller has over 10 years of experience handling criminal cases and has been recognized as an Elite Lawyer (2018–Present) and Lead Counsel Rated (2018–Present). Call today at 865-281-1000 to schedule a free consultation with our Anderson County, TN drug crimes defense lawyer and find out how he can help you fight the charges against you.