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.
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 | — |
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 | — |
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 | — |
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 | — |
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 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
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 | — |
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
- ↑ 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
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for Tennessee https://www.census.gov/library/reference/code-lists/ansi.html
- ↑ 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.
- ↑ 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
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ 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/
- ↑ [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/
- ↑ [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/
- ↑ [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