FAQ on Tennessee Marijuana and Hemp LawsNashville Criminal Defense Attorney PNC Law
615 Main St #116, Nashville, TN 37206
(615) 785-2000
https://tncriminaldefenseattorney.com
- Is marijuana legal for recreational or medicinal use in Tennessee? No, marijuana is not legal in Tennessee for recreational use. Furthermore, broad medicinal use is not permitted either. The state has some of the strictest marijuana laws in the United States. Possession, distribution, and cultivation are all illegal, carrying significant legal penalties. Limited exceptions exist for certain low-THC cannabis oil products for specific severe medical conditions.
- What is the legal status of CBD oil in Tennessee? CBD oil is legal in Tennessee, provided it is derived from hemp and contains less than 0.3% THC, following federal guidelines established by the 2018 Farm Bill. Tennessee also permits the use of low-THC CBD oil (up to 0.9%) for specific medical conditions, such as intractable epilepsy. These products are widely available at retail stores throughout the state, especially in places like Nashville. However, these products must strictly comply with both state and federal THC limits to avoid legal complications.
- How does Tennessee regulate the cultivation and processing of hemp? Tennessee requires licenses and permits for the cultivation and processing of hemp-derived products. The Tennessee Department of Agriculture oversees this process, requiring a hemp license to grow industrial hemp legally and a processing permit to produce and distribute hemp products. Growers must adhere to strict THC limits (below 0.3%) and undergo regular testing and reporting to state authorities to remain compliant.
- Is THC legal in Tennessee, and what about Delta-8 THC or THCA? THC in concentrations higher than 0.3% is illegal in Tennessee. This includes edibles, oils, and concentrates. While Delta-8 THC is legal under federal law if derived from hemp and contains less than 0.3% Delta-9 THC, its legality in Tennessee is debated and may be treated with skepticism by state law enforcement. THCA, while legal in its raw, non-psychoactive form, can become problematic when heated and converted into THC, making its legality ambiguous in practice.
- Are there any decriminalization efforts in Nashville regarding marijuana possession? While marijuana remains illegal in Nashville, like the rest of Tennessee, local efforts have attempted to reduce penalties for minor possession offenses by advocating for civil citations. However, these efforts have met with opposition from state lawmakers, and state laws regarding marijuana are still applicable in the city.
- What is the difference between hemp and marijuana under Tennessee law? Hemp and marijuana are distinctly different under Tennessee law. Hemp is legal for cultivation, processing, and sale if its THC content remains below 0.3%. It is used for industrial and medicinal purposes, with CBD oil being a common product. Marijuana, on the other hand, is illegal for recreational and most medicinal uses, with stringent enforcement of possession and distribution laws due to its higher THC content (above 0.3%).
- What are the penalties for marijuana possession in Tennessee? Penalties for marijuana possession in Tennessee are severe. Simple possession is a misdemeanor charge, punishable by fines of up to $2,500 and up to one year in jail. Possession with intent to distribute is a felony, with fines ranging from $5,000 to $200,000 and jail time from 1 to 60 years, depending on the quantity. Aggravating factors like possession near schools or repeat offenses can lead to harsher penalties.
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