Data as of 2026-06-07

Tennessee

Tennessee has enacted no medical-cannabis program and no adult-use legalization, leaving it a fully prohibited state and the largest by population east of the Mississippi River. Cannabis is a Schedule VI controlled substance under Tenn. Code Ann. 39-17-415, and the state operates no licensing, taxation, or regulatory framework for cannabis. There is no legal possession allowance; any amount is a criminal offense. One narrow carve-out exists: a possession-only allowance for cannabidiol oil containing less than 0.9 percent THC, for patients with qualifying diagnoses under Tenn. Code Ann. 39-17-402(16), which creates no in-state production, dispensaries, or patient registry, so patients must source product out of state. A separately regulated retail market in hemp-derived cannabinoids operates under state law but governs hemp, not cannabis. The Tennessee Medical Cannabis Commission, created in 2021, is study and advisory only and has never administered a program. Legalization can come only from the General Assembly, as Tennessee has no citizen-initiative or ballot-measure mechanism. Cannabis arrests have fallen each year from 23,173 in calendar-year 2018 to 12,586 in calendar-year 2024, a decline of about 46 percent. These figures derive from secondary compilations of federal crime data with incomplete agency reporting. Tennessee reached a population of 7,227,750 as of July 1, 2024.

Market

Licensing & Market

Tennessee issues no cannabis licenses of any class and operates no cultivation, retail, manufacturing, or delivery program. There is no track-and-trace system, no application or license fees, no municipal opt-in framework, and no vertical-integration rule, because the state has no legal cannabis industry to regulate. Every market-access metric is null by structure rather than by a gap in reporting. A separately licensed market in hemp-derived cannabinoids comes under Alcoholic Beverage Commission oversight effective January 1, 2026, but that framework governs hemp products, not cannabis.

Field Value Source
Cultivator licenses awarded Not available in the public record
Cultivator licenses operational Not available in the public record
Cultivator activation rate Not available in the public record
Operating cultivators per million Not available in the public record
Retail licenses awarded Not available in the public record
Retail licenses operational Not available in the public record
Retail activation rate Not available in the public record
Dispensaries per 100k Not available in the public record
Vertical integration Not available in the public record
License caps exist Not available in the public record
Licenses transferable Not available in the public record
Residency required Not available in the public record
Residency duration (months) Not available in the public record
Municipalities allowing Not available in the public record
Municipalities total Not available in the public record
Municipal opt-in rate Not available in the public record
Track-and-trace system Not available in the public record
Cultivator application fee Not available in the public record
Cultivator annual fee Not available in the public record
Retail application fee Not available in the public record
Retail annual fee Not available in the public record
Consumers

Consumer Rules

Tennessee permits no legal cannabis use or possession. Home cultivation is prosecuted as manufacture of cannabis under Tenn. Code Ann. 39-17-417, a felony beginning at a minimum Class E grade for 10 plants or fewer, with no personal-grow exception. There is no legal possession limit because no amount is lawful; the one-half-ounce figure in Tennessee law is the misdemeanor-felony dividing line, not a permitted quantity. Cannabis delivery and consumption lounges do not exist as legal categories. No cannabis product forms are lawful for adult or medical use; the only cannabis-derived product legal to possess is cannabidiol oil containing less than 0.9 percent THC, for patients with qualifying diagnoses under Tenn. Code Ann. 39-17-402(16), which cannot be lawfully produced or sold in the state.

Field Value Source
Home grow allowed No [5]
Home grow plant limit Not available in the public record
Possession limit (oz) Not available in the public record
Delivery legal No [6]
Delivery operational No [7]
Consumption lounges legal No [8]
Consumption lounges count Not available in the public record
Purchase limit, flower (oz) Not available in the public record
Purchase limit, concentrate (g) Not available in the public record
Purchase limit, edibles (mg) Not available in the public record
All product forms legal Not available in the public record
Restricted product forms Not available in the public record
Taxes

Taxation

Tennessee levies no cannabis excise, sales, potency, or wholesale tax and collects no cannabis tax revenue. The state's general sales tax does not reach a market that does not legally exist. All fiscal metrics are null because there is no taxable legal cannabis market. The state does impose a 6 percent retail tax on hemp-derived cannabinoid products, in addition to the general sales tax, but that levy applies to hemp products and is outside the scope of the cannabis fields here.

Field Value Source
Excise tax Not available in the public record
Excise tax type Not available in the public record
Sales tax Not available in the public record
Wholesale tax Not available in the public record
Potency tax exists Not available in the public record
Potency tax, flower Not available in the public record
Potency tax, concentrate Not available in the public record
Potency tax, edibles Not available in the public record
Local tax (max) Not available in the public record
Local tax (typical) Not available in the public record
Total effective rate Not available in the public record
Medical tax exempt Not available in the public record
Medical tax rate Not available in the public record
Annual tax revenue Not available in the public record
Tax revenue per capita Not available in the public record
Tax changed since legalization Not available in the public record
Tax direction Not available in the public record
Operators

Operator Data

Tennessee has no legal cannabis operators, sales, licenses, or published prices. No figures exist for market size, per-capita sales, wholesale or retail pricing, or license attrition, because there is no legal industry. Any cannabis commerce occurs in the unregulated market and is not captured in any public dataset.

Field Value Source
Wholesale flower ($/lb) Not available in the public record
Wholesale flower period Not available in the public record
Wholesale trend Not available in the public record
Wholesale price compression Not available in the public record
Retail flower ($/oz) Not available in the public record
Operator margin Not available in the public record
Total market sales Not available in the public record
Adult-use sales Not available in the public record
Per-capita sales Not available in the public record
YoY sales growth Not available in the public record
License attrition (count) Not available in the public record
License attrition Not available in the public record
Peak cultivation licenses Not available in the public record
Current cultivation licenses Not available in the public record
Outcomes

Consumer Data

Tennessee has no legal cannabis market, so there is no per-capita legal sales figure, dispensary density, or published retail price trend. No primary estimate of legal-market capture exists, because there is no legal market against which to measure it.

Field Value Source
Per-capita sales Not available in the public record
Dispensaries per 100k Not available in the public record
Legal market capture Not available in the public record
Legal capture source Not available in the public record
Retail price trend Not available in the public record
Equity

Equity Programs

Tennessee operates no social-equity program, no cannabis equity or reinvestment fund, and no cannabis-specific or automatic record-clearing mechanism. Because the state has enacted no legalization statute, there is no licensing system in which equity provisions could exist. Record relief for a cannabis conviction is available only through the general petition-based expungement statute, Tenn. Code Ann. 40-32-101, which is not cannabis-specific and requires the petitioner to file and meet statutory conditions. These are settled negative answers rather than gaps in reporting.

Field Value Source
Equity program exists No [9]
Equity program type Not available in the public record
Equity licenses awarded Not available in the public record
Equity licenses operational Not available in the public record
Equity activation rate Not available in the public record
Equity fund exists No [10]
Equity fund size Not available in the public record
Equity fund disbursed Not available in the public record
Equity fund disbursement rate Not available in the public record
Minority ownership Not available in the public record
Women ownership Not available in the public record
Community reinvestment Not available in the public record
Expungement exists No [11]
Expungement automatic Not available in the public record
Expungements processed Not available in the public record
Income cap for equity Not available in the public record
Enforcement

Enforcement

Tennessee has no cannabis regulatory agency, regulatory budget, inspection regime, testing requirements, or licensee-enforcement program, because there are no licensees. Enforcement of cannabis law in Tennessee is ordinary criminal law enforcement carried out by police, prosecutors, and the courts, reflected in the arrest figures reported under criminalization rather than in regulatory metrics. The operational enforcement statistics a regulated state would publish are not available because no such regulator exists.

Field Value Source
Track-and-trace system Not available in the public record
Inspections per year Not available in the public record
Enforcement actions (licensees) Not available in the public record
Unlicensed-market enforcement actions Not available in the public record
Regulatory budget Not available in the public record
Regulatory staff Not available in the public record
Mandatory testing analytes Not available in the public record
Testing cost per batch Not available in the public record
Product recalls per year Not available in the public record
Fine schedule (min) Not available in the public record
Fine schedule (max) Not available in the public record
Criminal Law

Penalties & Criminal Law

Tennessee prohibits cannabis in all forms and provides no legal possession allowance. Simple possession or casual exchange of one-half ounce, recorded as 14 grams, or less is a Class A misdemeanor punishable by up to 11 months and 29 days in jail and a $250 mandatory minimum fine on a first conviction, rising on subsequent convictions, under Tenn. Code Ann. 39-17-418. Possession of more than one-half ounce supports a rebuttable inference of possession with intent to sell or deliver, a felony under Tenn. Code Ann. 39-17-417. Cultivation is charged by plant count under the manufacture statute: 10 plants or fewer is a Class E felony, rising through grades to 500 or more plants as a Class A felony carrying 15 to 60 years and a fine up to $500,000. Sale, delivery, and possession with intent are charged by weight: one-half ounce to 10 pounds is a Class E felony, rising to 300 pounds or more as a Class A felony carrying 15 to 60 years and a fine up to $200,000, with enhanced penalties for sale to a minor or within 1,000 feet of a school. Tennessee sets no per se THC blood limit for impaired driving, relying instead on an impairment standard under Tenn. Code Ann. 55-10-401. The state has no cannabis-specific or automatic expungement program. The one discrete change to its cannabis criminal-penalty schedule since was a softening: 2016 legislation reclassified a third or subsequent simple-possession conviction from a felony to a misdemeanor, and no cannabis criminal penalty has been increased since. Total cannabis arrests were 12,586 in calendar-year 2024, comprising 11,574 possession and 1,012 sales arrests, and have fallen each year from 23,173 in calendar-year 2018. These counts derive from secondary compilations of FBI Uniform Crime Reporting and NIBRS data, which understate true totals. The most recent published racial-disparity estimate, drawn from 2018 federal data, found Black residents arrested for cannabis possession at 3.2 times the rate of white residents, at 820 versus 255 per 100,000.

Field Value Source
Max penalty, unlicensed cultivation Cultivation is prosecuted as 'manufacture' of marijuana under Tenn. Code Ann. 39-17-417, graded by plant count: 10 plants or fewer = Class E felony (1-6 years, up to $5,000); 10-19 plants = Class D felony (2-12 years, up to $50,000); 20-99 plants = Class C felony (3-15 years, up to $100,000); 100-499 plants = Class B felony (8-30 years, up to $200,000); 500+ plants = Class A felony (15-60 years, up to $500,000). [12]
Max penalty, unlicensed sale Sale/delivery/possession-with-intent of marijuana under Tenn. Code Ann. 39-17-417, graded by weight: 0.5 oz to 10 lbs = Class E felony (1-6 years, up to $5,000); 10-70 lbs = Class D felony (2-12 years, up to $50,000); 70-300 lbs = Class B felony (8-30 years, up to $100,000); 300+ lbs = Class A felony (15-60 years, up to $200,000). Sale to a minor or within 1,000 feet of a school (Drug-Free Zone) carries enhanced penalties. [13]
Felony threshold (grams) 14 [14]
Felony threshold type possession [15]
Penalty, possession over limit Tennessee has no legal possession allowance for marijuana; any possession is criminal. Simple possession or casual exchange of one-half ounce (14.175 g) or less is a Class A misdemeanor: up to 11 months 29 days in jail and a $250 mandatory minimum fine on a first conviction, rising on subsequent convictions, under Tenn. Code Ann. 39-17-418. Possession of more than one-half ounce supports a rebuttable inference of possession with intent to sell/deliver, a felony under Tenn. Code Ann. 39-17-417 (minimum Class E felony, 1-6 years). [16]
Penalty, public consumption Not available in the public record
DUI per se limit (ng) Not available in the public record
DUI zero tolerance No [17]
Penalties increased post-legalization Not available in the public record
Penalty direction lighter [18]
Penalty direction details Tennessee has not legalized cannabis, so 'post-legalization' does not apply. The one discrete change to its marijuana criminal-penalty schedule was a softening: 2016 legislation (HB 1478, eff. July 1, 2016) reclassified a third or subsequent simple-possession conviction from a felony to a misdemeanor. No marijuana criminal penalty has been increased since. Separately in 2025, the General Assembly tightened regulation and taxation of the legal hemp-derived cannabinoid market (Public Chapter 526 / HB 1376), moving oversight from the Dept. of Agriculture to the Alcoholic Beverage Commission effective Jan. 1, 2026 — but that governs hemp products, not marijuana penalties. [19]
Post-legalization arrests (annual) 12586 [20]
Racial disparity ratio 3.2 [21]
Expungement exists No [11]
Expungement automatic Not available in the public record

Sources

  1. U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), state of Tennessee https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
  2. USPS / U.S. Census Bureau standard two-letter abbreviation for Tennessee https://www.census.gov/library/reference/code-lists/ansi.html
  3. Dashboard compilation date 2026-06-07. Underlying vintages: Census V2024 population (July 1, 2024); FBI UCR/NIBRS marijuana arrests through CY2024 (via NORML); ACLU 'A Tale of Two Countries' racial-disparity data (2018 FBI data); Tenn. Code Ann. current through the 2025 legislative session.
  4. U.S. Census Bureau Vintage 2024 Population Estimates — Tennessee resident population July 1, 2024 = 7,227,750 (a net increase of 79,446 over 2023). NST-EST2024-POP https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
  5. No home cultivation allowance exists; cultivating marijuana is 'manufacture' under Tenn. Code Ann. 39-17-417 and is a felony (minimum Class E felony for 10 plants or fewer). No statute permits personal home grow https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-417/
  6. No legal cannabis market exists in Tennessee; marijuana is a Schedule VI controlled substance (Tenn. Code Ann. 39-17-415) and delivery/sale is a felony (Tenn. Code Ann. 39-17-417). No licensed delivery framework exists https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-417/
  7. No licensed cannabis delivery operates in Tennessee; marijuana is fully prohibited for commercial sale (Tenn. Code Ann. 39-17-415; 39-17-417) https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-417/
  8. No consumption-venue category exists; all marijuana possession and use is criminal under Tenn. Code Ann. 39-17-418 https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-418/
  9. Tennessee operates no legal cannabis program and therefore no social-equity licensing program (marijuana is prohibited, Tenn. Code Ann. 39-17-415) https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-415/
  10. No cannabis equity or reinvestment fund exists; Tennessee collects no marijuana tax revenue (prohibited, Tenn. Code Ann. 39-17-415) https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-415/
  11. Tennessee has no marijuana-specific or automatic record-clearing program tied to a legalization statute; the state has not legalized cannabis (Tenn. Code Ann. Title 39, Chapter 17, Part 4). General expunction petitions under Tenn. Code Ann. 40-32-101 exist for some misdemeanors but are not a cannabis-specific automatic-relief program https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-415/
  12. Tenn. Code Ann. 39-17-417 (manufacture of marijuana, graded by plant count) read with the penalty ranges in Tenn. Code Ann. 40-35-111: 10 plants or fewer = Class E felony (1-6 yr/$5,000); 10-19 = Class D; 20-99 = Class C; 100-499 = Class B; 500+ = Class A felony (15-60 yr/$500,000) https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-417/
  13. Tenn. Code Ann. 39-17-417 (sale/delivery/possession-with-intent of marijuana, graded by weight) read with Tenn. Code Ann. 40-35-111: 0.5 oz-10 lb = Class E felony; 10-70 lb = Class D; 70-300 lb = Class B; 300+ lb = Class A felony (15-60 yr/$200,000). Drug-Free School Zone enhancement under Tenn. Code Ann. 39-17-432 https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-417/
  14. Tenn. Code Ann. 39-17-418 — simple possession/casual exchange of one-half ounce (14.175 g, recorded as 14) or less is a Class A misdemeanor; possession of more than one-half ounce may be charged as possession with intent to sell/deliver, a felony under Tenn. Code Ann. 39-17-417. Half-ounce is the misdemeanor-felony dividing line https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-418/
  15. Tenn. Code Ann. 39-17-418 / 39-17-417 — the one-half-ounce threshold keys to possession (above which an intent-to-resell felony charge is available) https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-418/
  16. Tenn. Code Ann. 39-17-418 — possession or casual exchange of 0.5 oz or less is a Class A misdemeanor (up to 11 months 29 days; $250 mandatory minimum fine on a first conviction, with higher mandatory minimums on subsequent convictions). There is no legal possession allowance; possession above 0.5 oz supports a rebuttable inference of intent to sell, a felony under 39-17-417 https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-418/
  17. Tenn. Code Ann. 55-10-401 establishes an impairment-based DUI standard for being under the influence of marijuana or any intoxicant; Tennessee has no numeric per se THC blood limit and no statutory zero-tolerance provision for detectable THC https://law.justia.com/codes/tennessee/title-55/chapter-10/part-4/section-55-10-401/
  18. The only discrete change to Tennessee's marijuana criminal-penalty schedule was a softening: HB 1478 (eff. July 1, 2016) reclassified a third or subsequent simple-possession conviction from a felony to a misdemeanor. No marijuana criminal penalty has since been increased. Tenn. Code Ann. 39-17-418 https://law.justia.com/codes/tennessee/title-39/chapter-17/part-4/section-39-17-418/
  19. [SECONDARY] NORML, 'Tennessee Marijuana Penalties' — notes that following HB 1478 (effective July 1, 2016), a third marijuana-possession conviction is now treated as a misdemeanor rather than a felony. Tennessee has not otherwise changed its marijuana criminal penalties. The 2025 hemp law (Public Chapter 526 / HB 1376) tightened regulation of the legal hemp-derived cannabinoid market, not marijuana penalties. Underlying primary: Tenn. Code Ann. 39-17-418 https://norml.org/laws/tennessee-penalties-2/
  20. [SECONDARY] NORML Tennessee marijuana arrests library — CY2024 total marijuana arrests = 12,586 (11,574 possession + 1,012 sales), compiled from FBI UCR / NIBRS data. Tennessee has not legalized, so this is the current annual cannabis-arrest figure, not a post-legalization figure https://norml.org/marijuana/library/state-marijuana-arrests/tennessee-marijuana-arrests/
  21. [SECONDARY] ACLU, 'A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform' (2020), Tennessee data using 2018 FBI/UCR figures — Black Tennesseans were 3.2x more likely to be arrested for marijuana possession than white Tennesseans (Black rate 820 vs white 255 per 100,000) https://www.aclu.org/wp-content/uploads/publications/marijuanareport_03232021.pdf