Tennessee Marijuana Laws: What You Need to Know in 2026

Tennessee’s marijuana laws remain among the strictest in the country, and 2026 continues to bring confusion for residents who assume legalization trends elsewhere apply locally. Despite expanding programs in neighboring states, Tennessee still prohibits recreational marijuana use and allows only limited medical exceptions.

At The Law Office of Bryan Stephenson, we help individuals across Nashville and Middle Tennessee understand how these laws affect their rights and future.

Understanding Tennessee’s Current Marijuana Laws

Tennessee classifies marijuana, defined as cannabis containing significant amounts of THC, as a Schedule VI controlled substance. Possession of less than half an ounce is a misdemeanor punishable by up to a year in jail and a $250 fine. Repeat offenders face higher fines and longer jail terms, while larger quantities or evidence of distribution can result in felony charges. A criminal defense attorney in Tennessee plays an essential role in ensuring that the accused receive fair treatment and that constitutional protections are upheld.

By contrast, not all cannabis products are illegal. Hemp-derived products containing less than 0.3% THC, including many forms of CBD oil, can be legally purchased and possessed in Tennessee. The confusion arises because marijuana and hemp both come from the cannabis plant but differ in THC content, the chemical responsible for intoxication.

Cannabis Derivatives and Other Cannabinoids

Beyond traditional marijuana flower, other cannabinoids have gained attention in Tennessee, including Delta-8 THC, Delta-10 THC, and THCA. These compounds are derived from hemp and often sold in vape cartridges, gummies, or oils marketed as legal alternatives to marijuana.

While Delta-8 and Delta-10 are chemically distinct from Delta-9 THC (the primary psychoactive compound in marijuana), they still produce intoxicating effects. Tennessee now regulates these cannabinoids through labeling, testing, and age restrictions. However, any product that exceeds the federal 0.3% THC limit can still lead to criminal prosecution under Tennessee’s marijuana laws.

THCA (tetrahydrocannabinolic acid) presents another gray area. Although THCA itself is non-intoxicating, it converts into Delta-9 THC when heated. Because of this conversion potential, law enforcement may treat THCA products as marijuana if testing shows elevated THC levels. Consumers should verify compliance with both state and federal requirements before purchasing or transporting these items.

DUI-Vehicle Owner Charges in Tennessee

Many residents are unaware of a lesser-known offense under Tennessee’s DUI laws: “DUI-vehicle owner.” This charge applies when a person allows another individual to operate their vehicle while impaired, even if the owner is not in the car. The penalties mirror those of a DUI, including license suspension, fines, and possible jail time. This law highlights the importance of understanding liability before lending your car. A criminal defense lawyer familiar with this charge can challenge the state’s evidence and protect your driving privileges.

Recent Enforcement and Legal Developments

Law enforcement across Davidson County and Williamson County continues to enforce marijuana-related offenses aggressively. Data from the Tennessee Bureau of Investigation shows that thousands of possession arrests occur each year despite growing reform discussions. Some local officials have proposed penalty reductions, but statewide policy remains strict.

Tennessee courts also uphold the rule that the “odor of marijuana” can justify a vehicle search if supported by other suspicious facts. For defendants, this means traffic stops may lead to broader investigations. Having a criminal law attorney who understands procedural rights can help challenge unlawful searches and unreliable testing methods. Our Drug Defense page explains how our firm defends against improper evidence collection and overreaching prosecutions.

Potential Penalties for Marijuana Offenses

Penalties vary based on quantity, intent, and criminal history. A first-time offender may receive probation or a diversion program, but repeat violations escalate quickly. For Class E felonies, possession charges can result in one to six years in prison. In more serious cases, such as large-scale trafficking, marijuana offenses can rise to a Class A felony, which carries a potential sentence of 15 to 60 years in prison.

Courts in Nashville and surrounding counties sometimes allow judicial diversion or community corrections for eligible defendants, helping them avoid incarceration and eventually expunge their records. Visit our Criminal Defense page to learn more about these legal options.

What To Do If You Are Charged

If arrested for possession or “DUI-vehicle owner,” remain calm and exercise your right to remain silent. Do not admit ownership or consent to searches without legal representation. Statements made at the scene are often used against you later. A drug crime attorney can review the legality of the stop, the accuracy of any testing, and officer conduct to identify grounds for dismissal or reduction. You can explore our DUI Defense services to understand how our firm protects clients’ driving and criminal records.

If you face marijuana-related charges in Nashville or nearby counties, reach out immediately. Schedule a confidential consultation through our Contact page to discuss your case with a qualified attorney.

Outlook for Marijuana Reform in Tennessee

Although multiple bills proposing marijuana reform have been introduced in recent legislative sessions, none have advanced. Advocates continue to push for expanded medical use and decriminalization, but Tennessee’s conservative legislature remains resistant. Until the law changes, possession, sale, or use of marijuana, beyond approved CBD products and hemp-derived cannabinoids, remains illegal. Staying informed about evolving regulations surrounding Delta-8, Delta-10, and THCA can help residents avoid criminal exposure.

Why Legal Representation Matters

Marijuana-related convictions can affect employment, education, and housing opportunities. Even a misdemeanor record may follow you for years. Working with a defense team experienced in Tennessee criminal law ensures your rights are protected. Our Criminal Defense overview provides detailed insight into how we assist clients facing serious charges.

Defending Your Rights and Future

A marijuana-related charge in Tennessee is not something to take lightly. The Law Office of Bryan Stephenson has represented individuals throughout Nashville and Middle Tennessee for more than two decades, providing clear, dependable legal counsel rooted in courtroom experience. Our firm helps clients protect their rights, challenge unjust prosecutions, and move forward with stability. For strong legal advocacy and personalized attention, contact us today.