Best Cannabis Law Lawyers in Tennessee

About Cannabis Law in Tennessee, United States

Cannabis law in Tennessee is highly restrictive compared to many other states in the United States. Tennessee prohibits the possession, sale, cultivation, and recreational use of marijuana. Unlike states with medical marijuana programs, Tennessee only allows the use of low-THC cannabis oil for very specific medical conditions, and even then, the law is narrow and strictly regulated. Anyone found violating Tennessee's cannabis laws can face serious criminal charges, including fines and potential jail time. Understanding the nuances of state and local regulations is critical for anyone dealing with cannabis-related issues in Tennessee.

Why You May Need a Lawyer

Legal situations involving cannabis in Tennessee can be complex and carry significant consequences. Some common scenarios where you may need a lawyer include:

• Being charged with possession of marijuana or cannabis products
• Facing cultivation or distribution charges
• Needing to understand or challenge charges related to CBD or low-THC products
• Questions about compliance with Tennessee’s limited medical cannabis laws
• Concerns about asset forfeiture due to alleged cannabis activity
• Expungement of past cannabis-related criminal convictions

Local Laws Overview

Tennessee law classifies marijuana as a Schedule VI controlled substance. The state has not legalized the recreational use of marijuana, nor does it have a comprehensive medical marijuana program. Some of the key aspects of cannabis law in Tennessee are:

• Possession: Possession of even a small amount of marijuana is considered a criminal offense, typically charged as a misdemeanor on the first or second offense. Penalties increase with repeat offenses or larger quantities.
• Sale and Distribution: Selling, delivering, or distributing cannabis is a felony, with penalties that escalate based on the quantity involved.
• Cultivation: Growing marijuana plants in Tennessee is illegal and treated as a felony, regardless of the number of plants.
• CBD and Low-THC Products: Certain qualifying patients with severe seizure disorders may possess CBD oil with less than 0.9 percent THC, but only under strict conditions and with appropriate documentation.
• Local Decriminalization: Some cities have discussed reducing penalties for simple possession, but state law prevails, and local ordinances cannot override it.
• Hemp: Hemp-derived products that contain less than 0.3 percent THC by dry weight are legal, but any hemp product exceeding that limit is considered marijuana and is illegal.

Frequently Asked Questions

Is marijuana legal for recreational use in Tennessee?

No. Recreational marijuana use is illegal in Tennessee. Possession, sale, or cultivation can result in criminal charges.

Does Tennessee have a medical cannabis program?

Tennessee does not have a comprehensive medical cannabis program. The state allows very limited use of low-THC CBD oil for patients with specific seizure disorders and only under strict guidelines.

What are the penalties for simple possession of marijuana?

First-time simple possession is a misdemeanor, potentially resulting in up to one year in jail and fines up to $2,500. Repeat offenses typically result in harsher penalties.

Can I grow my own cannabis plants in Tennessee?

No. Cultivation of any marijuana plants is illegal and is prosecuted as a felony offense.

Is hemp legal in Tennessee?

Hemp and products made from hemp are legal if they contain less than 0.3 percent THC by dry weight. Products exceeding this limit are considered marijuana and are illegal.

Are there any cities in Tennessee where marijuana is decriminalized?

While some local governments have pushed for reduced penalties, state law overrules any local decriminalization efforts. Enforcement varies by jurisdiction, but possession remains a state offense statewide.

What is required to legally possess CBD oil in Tennessee?

Only qualified patients with intractable seizures can possess CBD oil containing less than 0.9 percent THC, and must have a legal order or recommendation from a doctor. Other uses or possession are not legal.

Can a past marijuana conviction be expunged?

Some misdemeanor marijuana convictions may be eligible for expungement depending on the case details. Consulting with an attorney is the best way to determine eligibility.

What happens if I am caught bringing marijuana into Tennessee from another state?

Bringing marijuana, even from a state where it is legal, is still illegal in Tennessee. You can be charged with possession or trafficking, which carry serious penalties.

How can a lawyer help with cannabis charges?

A lawyer can help by reviewing your case, protecting your legal rights, negotiating agreements or plea deals, and representing you in court to pursue the best possible outcome.

Additional Resources

The following resources can offer helpful information about cannabis law in Tennessee:

• Tennessee Bureau of Investigation - Provides updates and guidance on controlled substances and state law enforcement activities.
• Tennessee Department of Health - Offers information about medical exemptions for CBD oil.
• Tennessee General Assembly - Contains current state statutes and legislative updates regarding cannabis law.
• Legal Aid Society of Middle Tennessee and the Cumberlands - May offer free or reduced-cost legal assistance on certain matters.
• Local criminal defense attorneys experienced in drug crimes.

Next Steps

If you have been charged with a cannabis-related offense or need legal guidance on cannabis law in Tennessee, consider the following actions:

• Do not discuss your case with anyone except your attorney, as anything you say may be used against you.
• Contact a qualified attorney who specializes in criminal defense or drug law in Tennessee as soon as possible.
• Gather all relevant documents, such as court papers or medical records, to share with your lawyer.
• Follow your attorney’s advice closely and attend all required legal proceedings.
• Stay informed about any changes in Tennessee’s cannabis laws that could impact your case or future actions.