Is THC Legal In Tennessee?

• Strict THC Laws: Tennessee has some of the toughest THC regulations, allowing only low-THC CBD products for specific medical conditions.
• Legal Distinction: CBD and THC are treated differently under state laws, with CBD being more accessible due to lower THC content.
• Future Prospects: While public opinion is shifting, full THC legalization is unlikely in Tennessee in the near future.

Navigating the laws around THC in Tennessee can feel like trying to decode a complex puzzle. While many states across the U.S. are opening up to cannabis use, Tennessee continues to maintain some of the strictest regulations when it comes to THC. Understanding what is legal, and more importantly, what isn't, is crucial for anyone considering THC-related products in the state.

At BATCH, we don’t just offer high-quality cannabis products—we set the standard. Our mission is to provide safe, reliable, and compliant THC products that meet both federal and state regulations. With years of experience in the industry, we know the ins and outs of what’s allowed, and we’re here to ensure that you can access products that are as legal as they are effective.

In this article, we’ll explore the current legal landscape surrounding THC in Tennessee, offering you the latest insights on possession laws, medical exceptions, and the potential for future legalization. Let’s dive into the details and clarify what you need to know.

As of 2024, Tennessee maintains strict regulations regarding the use and possession of THC and marijuana, largely aligning with federal law. Tennessee is one of the states where marijuana, both for recreational and medical use, remains illegal, and the state has not yet joined others in legalizing cannabis in any broader capacity. However, there are a few nuances to the legal framework that residents should be aware of.

One of the few exceptions to these laws is CBD oil, which is legal if it contains less than 0.9% THC. This exception is primarily targeted at those suffering from intractable epilepsy, under specific medical guidance. Despite this allowance, there is no framework for obtaining medical marijuana for other conditions, unlike in many other states where medical marijuana programs are more established​.

While there has been momentum at the federal level toward cannabis reform—including President Biden's 2022 directive urging states to pardon low-level marijuana offenses—Tennessee remains relatively conservative in its stance. The state continues to categorize cannabis as a Schedule VI controlled substance, implying it has no recognized medical value under state law, though ongoing advocacy efforts push for change.

In Tennessee, the legal landscape surrounding THC (tetrahydrocannabinol) and CBD (cannabidiol) reflects the state’s stringent stance on psychoactive substances and its alignment with federal law. Understanding the distinction between these two compounds is crucial for residents who use or are interested in cannabis-derived products.

THC is the compound in cannabis that produces the characteristic "high" and is classified as a controlled substance in Tennessee. The state follows federal law in treating THC concentrations above 0.3% as illegal, whether in marijuana or hemp-derived products. Recreational marijuana use is entirely banned, and even medical marijuana is not available except in very rare cases involving CBD oil with slightly higher THC content (up to 0.9%) for severe medical conditions like epilepsy. Products containing more than the allowed THC levels face severe legal restrictions, with possession of any such product punishable by law.

Unlike THC, CBD does not cause psychoactive effects, and this difference is key to its legal status in Tennessee. CBD products derived from hemp—those with a THC concentration of 0.3% or less—are legal under the federal 2018 Farm Bill, which Tennessee has adopted. These products can be found in many forms, such as oils, tinctures, and creams, and are widely available across the state. The legal limit on THC in these products ensures that they do not produce any mind-altering effects, making CBD a popular choice for therapeutic uses, such as pain management or anxiety relief, without violating state law.

Tennessee has some of the strictest laws in the U.S. when it comes to THC possession. Being caught with any amount of marijuana or THC-containing products can result in significant penalties, depending on the amount and whether the offense is a first-time or repeat violation.

• Possession of less than half an ounce (14.175 grams) of marijuana is considered a misdemeanor. It can lead to up to one year in jail, a fine of $250 for the first offense, and $500 for subsequent offenses.
• Possession of more than half an ounce can lead to felony charges. Penalties increase sharply, with potential sentences of one to six years in prison and fines of up to $5,000 or more.
• Intent to distribute or sell THC-containing products is treated even more severely. This can result in felony charges with harsher penalties, including longer prison terms and larger fines. Distribution near schools or certain public spaces can further escalate the charges.

Additionally, Tennessee does not allow for expungement of marijuana-related offenses in most cases, meaning a THC-related conviction can have long-term impacts on employment and housing opportunities.

Tennessee remains one of the more restrictive states in the U.S. when it comes to the medical use of THC. While other states have embraced medical marijuana programs, Tennessee allows only a very narrow exception for medical use, specifically for patients with severe conditions like epilepsy. The use of THC for broader medical purposes is still largely prohibited, frustrating both patients and advocates.

Tennessee’s medical cannabis law, often referred to as "Carly’s Law," permits the use of CBD oil containing up to 0.9% THC, a low concentration that lacks the psychoactive effects of higher THC products. This law was enacted specifically for patients with intractable epilepsy, a condition resistant to conventional treatments. Patients must obtain a recommendation from a licensed physician, and even then, access to the oil remains tightly regulated. Despite this allowance, the law does not support the use of higher-THC medical cannabis products for other conditions such as chronic pain, cancer, or PTSD, as is permitted in many other states.

Efforts to expand medical marijuana access in Tennessee have faced considerable opposition, particularly from conservative lawmakers who remain wary of loosening restrictions. Several bills proposing a more comprehensive medical marijuana program have been introduced in the state legislature, but none have gained significant traction. Proponents of medical cannabis argue that expanding access to THC-rich products could provide relief for patients with debilitating conditions, particularly those suffering from chronic pain or undergoing cancer treatment. However, the legislature has consistently pushed back against these reforms, keeping the medical use of THC tightly regulated and limited.

The restrictive nature of Tennessee’s medical cannabis laws leaves many patients without access to potentially beneficial treatments. While CBD oil with low THC content can provide relief for certain conditions, it is insufficient for managing the symptoms of other serious medical issues. Medical professionals have also expressed frustration, noting that patients in Tennessee are denied access to THC-based treatments that are legally available in neighboring states. For many, the absence of a comprehensive medical marijuana program exacerbates their conditions, forcing them to either go without effective treatment or travel out of state to obtain it​.

In Tennessee, where THC remains mostly illegal, there are several legal alternatives that residents can explore for similar therapeutic benefits. These alternatives allow individuals to access the effects of cannabinoids without breaking the law, and they are becoming increasingly popular. Here are the key alternatives to THC available in Tennessee:

• Hemp-Derived CBD: Hemp-derived CBD is a non-psychoactive cannabinoid that is legal in Tennessee as long as it contains less than 0.3% THC. CBD products are widely used for managing pain, reducing anxiety, and improving sleep without the "high" associated with THC. Available in oils, gummies, creams, and capsules, these products are easy to find in Tennessee due to the 2018 Farm Bill, which legalized hemp production nationwide.
• Delta-8 THC: Delta-8 THC is a chemically similar compound to Delta-9 THC, the active ingredient in marijuana that causes a high, but it is derived from hemp and has milder psychoactive effects. Delta-8 remains legal in Tennessee under federal guidelines for hemp products, making it an appealing option for those looking for some of the effects of THC without the intense high. However, its legal status could change in the future as regulations evolve.
• Other Cannabinoids (CBG and CBN): Newer cannabinoids like CBG (cannabigerol) and CBN (cannabinol) are also becoming more popular. These non-psychoactive compounds, like CBD, are derived from hemp and provide benefits such as anti-inflammatory effects and better sleep quality. They adhere to the same legal THC limits, making them fully legal in Tennessee. Many people also turn to herbal supplements like valerian root or melatonin for similar relief.

These alternatives provide a safe and legal way to experience the therapeutic benefits of cannabinoids without the legal risks associated with THC in Tennessee. However, staying informed about potential changes to laws governing these products is essential, as regulatory landscapes continue to shift.

The legality of THC in Tennessee remains a complex and evolving issue. While the state currently maintains strict laws prohibiting both recreational and most medical uses of THC, there are signs that public opinion is shifting toward more lenient policies. The distinction between THC and CBD is critical in understanding what is allowed, as hemp-derived CBD products with low THC content are legal, while anything containing higher concentrations of THC is not. As advocacy for medical marijuana and broader cannabis reform grows, the future may hold changes in Tennessee's stance, but for now, THC remains largely illegal.

Read also: 

• What is THC
• CBD vs THC
• HHC vs THC

No, THC is mostly illegal in Tennessee. However, there are very limited medical exceptions for conditions like epilepsy, where CBD oil with low THC levels is allowed.

It is illegal to buy THC products that contain more than 0.3% THC online in Tennessee. However, hemp-derived CBD products that meet federal guidelines can be legally purchased online.

THC edibles, like gummies or baked goods, are illegal if they contain more than 0.3% THC. Only hemp-derived products with lower THC concentrations are permitted.

No, bringing THC products into Tennessee is illegal, even if those products are legal in the state where you purchased them. Tennessee law prohibits the possession of THC over 0.3%.

Delta-8 THC is currently legal in Tennessee as it is derived from hemp and falls under the 0.3% THC limit established by the federal 2018 Farm Bill. However, regulations are subject to change.

Tennessee doctors cannot legally prescribe THC, but they can recommend CBD oil with low THC content (less than 0.9%) for certain medical conditions, such as epilepsy.

To purchase hemp-derived CBD products with low levels of THC, you generally must be at least 18 years old, but some retailers may require customers to be 21.

No, growing cannabis for personal or commercial use is illegal in Tennessee, regardless of the THC content.

Hemp-derived THC comes from plants with less than 0.3% THC, making it federally legal. Marijuana-derived THC, which has higher concentrations, is illegal in Tennessee.

While public support for medical marijuana and THC is growing, there is currently no clear legislative path for THC legalization in Tennessee in the immediate future.

Sources:

1. Tennessee Marijuana Laws | TennesseeStateCannabis.org. (n.d.). Tennessee Cannabis Information Portal. https://tennesseecannabis.org/laws
2. thecannabiswatcher.com. (2024, February 2). Tennessee’s Marijuana Laws in 2024: A Step Towards Legalization. Thecannabiswatcher.com; thecannabiswatcher.com. https://thecannabiswatcher.com/pages/articles/news/2024/2/2/tennessee-marijuana-laws-2024-step-legalization
3. Morgan, M. (2023, November 17). Exploring Medical Marijuana: Eligibility & Laws in Tennessee. Medical Marijuana Doctor | West Palm Beach Medical Marijuana. https://mmjhealth.com/medical-marijuana-eligibility-and-laws-in-tennessee/
4. Tennessee General Assembly Legislation. (2024). Tn.gov. https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0085&GA=113
5. and, B. (2024, April 20). Tennessee Drug Laws & Penalties: Marijuana. Eldridge & Blakney, PC. https://www.ecattorneys.law/blog/2024/april/is-weed-illegal-in-tn-/#:~:text=As%20of%202024%2C%20marijuana%20is