Is marijuana legal in Tennessee?
No. As of 2026, marijuana (weed) is not legal in Tennessee, except for a limited low-THC cannabis oil program for patients with certain conditions. There are no in-state dispensaries, and recreational use is illegal.
Status checked November 4, 2026
Contents
Marijuana laws in Tennessee
Tennessee has not legalized adult-use or comprehensive medical marijuana. Unauthorized possession and sale remain crimes. A limited low-THC program, expanded in 2021, excludes from the state’s marijuana definition certain cannabis oils with up to 0.9% THC if the oil is labeled, the patient has a qualifying condition, and the patient has a valid letter of attestation from a practitioner. Qualifying conditions include Alzheimer’s disease, ALS, specified cancer symptoms, inflammatory bowel disease, epilepsy or seizures, multiple sclerosis, Parkinson’s disease, HIV or AIDS, sickle cell disease, and other conditions the Medical Cannabis Commission recognizes.
The program does not create in-state dispensaries. Patients who qualify must obtain conforming oil from a legal source, including from another state’s program when that state’s rules allow it, and bring it back to Tennessee. Home growing is not allowed.
In 2026 the General Assembly passed SB 1603 / HB 1972 (Public Chapter 789), signed April 23, 2026. It says that if marijuana is rescheduled or deleted under federal law, Tennessee’s commissioner may not reschedule or delete it under state law unless the General Assembly has created a regulatory framework and authorized that change.
Consumable hemp products are regulated by the Tennessee Alcoholic Beverage Commission under 2025 legislation, with that retail framework in effect in 2026. Marijuana remains illegal under federal law, and Tennessee has no general state medical marijuana license.
What the law says
Legal
- if marijuana is rescheduled or deleted as a controlled substance under federal law, the commissioner is prohibited from rescheduling or deleting marijuana under state law, unless the general assembly has established a regulatory framework for marijuana and authorized the commissioner to reschedule or delete marijuana as a controlled substance.
Not legal
- if marijuana is rescheduled or deleted as a controlled substance under federal law, then the commissioner of mental health and substance abuse services is prohibited from rescheduling or deleting marijuana under state law, unless the general assembly has established a regulatory framework for marijuana and authorized the commissioner to reschedule or delete marijuana as a controlled substance.
Quoted from Tennessee Public Chapter 789 (SB 1603 / HB 1972).
How old do you have to be to use marijuana in Tennessee?
There's no legal age to buy recreational weed in Tennessee, because recreational marijuana is illegal at any age. Tennessee also has no general medical marijuana card or in-state dispensary. The low-THC oil exception depends on a qualifying condition and a practitioner's letter of attestation, not on a statewide buying age for marijuana.
How much marijuana can you have in Tennessee?
No amount of ordinary marijuana is legal to have in Tennessee, at home or in your car. The only state exception is qualifying low-THC cannabis oil, up to 0.9% THC, for a patient with a qualifying condition and a valid letter of attestation. That oil is not sold in Tennessee dispensaries. Any other marijuana remains illegal to possess.
Where can you buy marijuana in Tennessee?
You can't legally buy weed at a store in Tennessee. The state has no licensed marijuana dispensaries. Patients in the low-THC program obtain conforming oil from a legal source, including from another state that allows the purchase, and may bring that qualifying oil back to Tennessee. Recreational and general medical sales do not exist.
Can you grow marijuana at home in Tennessee?
No, you can't grow weed at home in Tennessee, even if you qualify for the low-THC oil exception. That program covers a processed oil with up to 0.9% THC, not cultivating plants. Growing marijuana is a crime under Tennessee's drug laws.
Where can you use marijuana in Tennessee?
There's no legal place to smoke weed in Tennessee. Ordinary marijuana is illegal to possess and use. The low-THC exception covers qualifying oil for certain medical conditions, not smoking flower. Driving under the influence of marijuana is a separate crime.
How do you get a medical marijuana card in Tennessee?
You can't get a full medical marijuana card in Tennessee, because the state doesn't run a comprehensive medical program or in-state dispensaries. For the limited low-THC oil exception, you need a qualifying condition and a valid letter of attestation from a practitioner, plus oil that meets the labeling and 0.9% THC limits. The Medical Cannabis Commission can recognize additional conditions by rule, but it does not issue retail licenses.
Can visitors buy or use marijuana in Tennessee?
No. Out-of-state visitors can't buy marijuana in Tennessee, and a medical card from another state does not authorize possessing ordinary marijuana here. A visitor who brings non-qualifying marijuana into Tennessee faces the same state penalties as a resident. Qualifying low-THC oil is a narrow exception with its own documentation rules, not a visitor-sales system.
What are the rules on driving and marijuana in Tennessee?
No, you can't drive high in Tennessee. It is illegal to drive under the influence of marijuana or another drug, including qualifying low-THC oil used in the limited medical exception. That program is not a defense to an impaired-driving charge, and a letter of attestation does not authorize driving while impaired.
Can an employer in Tennessee fire you for using marijuana?
Yes, you can get fired for smoking weed in Tennessee. Marijuana is illegal for general use, so it has no job protection. The low-THC oil program also does not generally require employers to allow cannabis use or to ignore a drug test. Tennessee employment is generally at-will, and federally required testing still applies.
What are the penalties for breaking marijuana laws in Tennessee?
Unauthorized possession, delivery or manufacture of marijuana is a crime under Tennessee's controlled-substance laws. The 2026 legislation that passed, Public Chapter 789, did not reduce those penalties. It blocked state officials from automatically matching a federal rescheduling of marijuana unless the General Assembly first creates a regulatory framework.
Are CBD, hemp and delta-8 products legal in Tennessee?
Hemp-derived products, including some delta-8 items, have been sold in Tennessee under a separate hemp framework. As of 2026, consumable hemp-derived cannabinoid products are overseen by the Tennessee Alcoholic Beverage Commission under 2025 legislation. Products that do not meet the hemp definition, including some THCA items after the federal total-THC change, can be treated as illegal marijuana. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Tennessee?
Yes. Federal law still applies in Tennessee, and marijuana is illegal under both federal and Tennessee law. Federally, marijuana remains a Schedule I controlled substance. Since April 28, 2026, only marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III, and Tennessee has no state medical marijuana license. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Tennessee changed recently, or is it about to?
When will weed be legal in Tennessee? No date is set. Comprehensive medical and adult-use bills introduced in 2026 did not pass. The bill that did pass, SB 1603 / HB 1972, was signed April 23, 2026, and blocks the state from automatically rescheduling marijuana to match federal Schedule III. The Medical Cannabis Commission remains a study and recommendation body, not a retail regulator. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (6)
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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