Is Marijuana Legal in Tennessee?
Although many states across our country have moved to legalize marijuana, Tennessee has not. In our state, marijuana remains classified as a Schedule VI controlled substance. The cultivation, manufacturing, possession, or sale of the drug is a crime when it is for recreational purposes in Tennessee. Additionally, Tennessee does not have a medical marijuana program, and valid medical marijuana cards from other states will not necessarily protect an individual from criminal prosecution in Tennessee. Though there is the chance that marijuana laws may change in Tennessee in the future, at the time of this writing, the regulations are stringent, and possession or sale of the drug can result in serious consequences.
While weed remains strictly illegal in Tennessee, other substances derived from hemp are rising in popularity and accessibility.
CBD is a compound found in both weed and hemp plants that is not psychoactive. So long as the CBD product has a THC content of less than 0.3%, it is legal to purchase in Tennessee without a prescription.
Delta-8 THC is another cannabinoid derived from marijuana or hemp. Delta 8 has a similar chemical structure to Delta-9 THC, but it produces much milder psychoactive effects. Like CBD, so long as the Delta-8 THC product contains no more than 0.3% of Delta-9 THC, it will be considered legal in Tennessee.
What Are the Different Marijuana Drug Crimes in TN?
Tennessee is one of the strictest states when it comes to cannabis regulation for both recreational and medicinal use. There are several criminal offenses related to weed and its uses, with penalties ranging in severity depending on the crimes.
Simple possession of marijuana is illegal at any quantity. Similarly, it is unlawful to buy or sell marijuana in the state. You can’t even give away the illicit drug without facing potential legal consequences. For first-time offenders with relatively little actual marijuana in their possession, they are likely to be charged with simple marijuana possession, which often carries misdemeanor charges and the potential for up to a year in jail. Fines for simple possession can range between $250 and $2,500. The penalties can increase with repeat offenses. It is worth noting that drug paraphernalia can also fall under the category of simple possession.
Growing, manufacturing, or cultivating marijuana is illegal in Tennessee. The consequences for growing the unlawful drug increase depending on how much of that drug is found growing. Penalties can increase if the cultivation of marijuana involves minors or is near schools.
Transporting large amounts of marijuana is considered trafficking. Drug trafficking is a serious criminal offense. Depending on the amount of drugs that are being transported, fines could be in the thousands of dollars, and jail time could result in three decades.
Drug dealing or selling marijuana is a serious drug crime and can result in significant jail time. In many drug crime cases, the various marijuana charges are combined, resulting in harsher consequences for the accused.
When Does a Marijuana Crime Rise to the Level of a Felony Offense?
Depending on the circumstances of your drug offense, Tennessee law enforcement may assume that you have the intent to sell, traffic, or distribute the drugs, which can result in felony charges. You may also face felony charges if you are caught with exceedingly large amounts of marijuana in your possession.
Half an ounce to 10 lbs. of marijuana is considered a Class E felony in Tennessee. Anywhere between 10 and 70 lbs. is a Class D felony. 70 to 300 lbs. is a Class B felony. And possessing more than 300 lbs. of cannabis is considered a Class A felony. Essentially, the more drugs you have under your control, the harsher the criminal offense and the associated punishments.
Merely selling marijuana to a friend or neighbor is considered a felony in Tennessee, regardless of how much of the drug is sold or transferred. The penalties can range in severity depending on where the sale transpired—selling marijuana close to a public park, daycare, or school results in enhanced penalties.
Growing fewer than a dozen marijuana plants is a Class E felony. The more marijuana plants you grow, the more serious the criminal charges and the associated penalties. For example, cultivating over 500 plants is a Class A felony offense in Tennessee.
Do Marijuana Felony Offenses Result in Jailtime?
While the more serious felony offenses, such as Class B or A felonies, frequently result in lengthy prison sentences, not every felony charge automatically comes with jail time.
An individual with no prior criminal history who is charged with their first marijuana related Class E felony has the possibility of avoiding jail time, especially if the drug crime in question involved a small amount of marijuana and was a nonviolent offense far away from minors. In such drug cases, judges may consider alternative sentencing actions, such as community service, diversion programs, and probation.
However, regardless of how much or how little of the drug was bought or sold in your Class E felony case, if the sale occurred in a school zone or there was evidence of an intent to distribute more drugs, this can increase the likelihood of jail time.
What Can You Do if You Are Arrested for a Marijuana Offense in TN?
In considering that the drug laws in Tennessee are extraordinarily strict, it is essential not to leave marijuana or drug paraphernalia in clear sight where law enforcement could easily see them. Similarly, you must keep in mind that marijuana has a distinct smell that can travel far, meaning that the police could detect it at a distance. If it is already too late and your illegal drugs have been detected, you must be aware of your legal rights.
Remember your right to remain silent and your right to professional legal representation.
Additionally, never provide written or spoken consent to the police for requests to search your person or property. If law enforcement wishes to perform a search, they should get a warrant or have probable cause. Please don’t give them an invitation.
Those who have been arrested for a marijuana offense must retain professional legal counsel from experienced criminal defense lawyers. Our law firm would be proud to defend your legal rights in pursuit of a favorable outcome to your drug crime case.
Contact Our Tennessee Law Firm to Discuss Your Drug Case with Our Experienced Attorneys
Though not every marijuana crime is considered a felony in Tennessee, the drug is strictly regulated and subject to many laws. If you or a loved one is apprehended for a marijuana drug crime, please get in touch with our criminal defense attorneys to discuss your case in more detail.
At our law firm, we pride ourselves on saving lives, uniting families, and speaking up for those who do not have a voice of their own. We are warriors of justice here to help you through some of the most challenging days of your life.
Please get in touch with our Nashville law office at 615-616-6775. Alternatively, you can reach our Chattanooga office at 423-373-7796.
