Tennessee Medical Marijuana

Tennessee does not allow cultivation of marijuana for medical use

Tennessee allows extracts of marijuana that are below .9% THC

Tenn. Code Ann. § 39-17-402 (2017)

2017 Acts Chapter 120 PDF
excludes from the definition of marijuana a cannabidiol product approved as a prescription medication by the United States Food and Drug Administration
Effective date April 12, 2017

2016 Acts Chapter 1083 PDF
excludes from the definition of marijuana, cannabis oil containing the substance cannabidiol, with less than 0.6 percent THC, including the necessary seeds and plants, when manufactured, processed, transferred, dispensed, or possessed by certain four-year institutions of higher education in this state as part of clinical research studies on the treatment of intractable seizures, cancer, or other diseases
Effective date May 20, 2016

2016 Acts Chapter 873 PDF
specifies that marijuana concentrates and oils are included in the definition of marijuana
Effective date July 1, 2016

2015 Acts Chapter 352 PDF
authorizes use of cannabidiol oil with less than 0.9 percent of tetrahydrocannabinol to treat intractable seizures or epilepsy in certain circumstances
Effective date May 4, 2015

Federal Penalties

21 U.S.C. § 841(b)(1)(A)(vii)
1000 kilograms (2204.62 pounds / 1.10231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight
$10/50 million — 10 years to life in prison

21 U.S.C. § 841(b)(1)(B)(vii)
100 kilograms (220.462 pounds / 0.110231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight
$5/25 million — 5 to 40 years in prison

21 U.S.C. § 841(b)(1)(C)
50 to 99 kilograms or 50 to 99 plants
$1/5 million — up to 20 years in prison

21 U.S.C. § 841(b)(1)(D)
less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil,
$250,000/$1 million — up to 5 years in prison

21 U.S.C. § 844

Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both,

except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500,L

except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.

21 U.S.C. § 844a

(a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.

(b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.

(c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.

(d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions.

(e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.

Tennessee Industrial Hemp

Tenn. Code Ann. §§ 43-26-101 to 43-26-103 (2017)

  • Allows commercial hemp production overseen by the Tennessee Department of Agriculture.
  • Directs the commissioner of agriculture to develop licensing rules for processors and distributors.
  • Allows institutions of higher education to acquire and study seeds for research and possible certification.

2017 Acts Chapter 369 PDF
revises certain provisions regarding the industrial hemp program
Effective date May 11, 2017

2016 Acts Chapter 891 PDF
redefines industrial hemp under the Tennessee Right to Farm Act, and revises other provisions of the Act
Effective date April 27, 2016

2014 Acts Chapter 916 PDF
authorizes growing of industrial hemp subject to regulation by the department of agriculture
Effective date July 1, 2014

Page last updated on December 27, 2017