Tennessee has some of the strictest marijuana laws in the country. While other states have embraced various levels of legalization, Tennessee continues to take a hard stance against cannabis possession and use. But there’s often confusion between two key concepts: decriminalization and legalization. Understanding the difference is important if you want to stay on the right side of the law.

What’s the difference between decriminalization and legalization?

At first glance, decriminalization and legalization might seem interchangeable, but they mean very different things in legal terms.

• Decriminalization means reducing or removing criminal penalties for certain offenses. In the case of marijuana, this often means eliminating jail time for possession of small amounts and replacing it with fines or civil penalties.

However, decriminalization does not make marijuana legal, it just changes how the law punishes offenders. It also doesn’t mean that it’s permissible to do something. For instance, if marijuana were decriminalized in Tennessee, it would not necessarily make using it legal. Instead of criminal charges or jail time, those arrested for possession or intent to distribute would face civil penalties, like fines.

• Legalization means fully permitting the use, possession, and often the sale of marijuana under regulated conditions. Legalization typically comes with state-controlled guidelines, like licensing for dispensaries and restrictions on purchase limits.

However, there are many degrees of legalization when it comes to marijuana. In some states, it’s legal to grow your own. In other states, it’s only legal to buy it from licensed dispensaries. Tennessee doesn’t fall into either of those categories, though.

What does that mean for everyday people? Both legalization and decriminalization are good things when it comes to marijuana use. It’s really all about avoiding criminal charges and the black mark on your record afterward. Outside of things like financial penalties and potential jail time, a criminal record can mean missed job opportunities, being unable to rent a home, and more. In contrast, civil penalties don’t usually haunt you in the same way.

What are Tennessee’s current marijuana laws?

Tennessee has yet to decriminalize or legalize marijuana in any meaningful way, although lawmakers have tried several times to pass related bills. Unlike its neighbors, like Virginia, where marijuana is legal for adult use, Tennessee still has strict penalties for possession, sale, and cultivation.

• Possession:Even a small amount of marijuana (half an ounce or less) is considered a misdemeanor and comes with up to a year in jail and a fine of up to $2,500.
• Sale and trafficking:Selling any amount of marijuana is a felony, carrying severe penalties that increase with the amount involved (the more marijuana sold, the harsher the punishment).
• Medical marijuana:Tennessee allows limited use of low-THC CBD oil for specific medical conditions, but actual medical marijuana is still illegal in the state.

Has Tennessee made any efforts toward decriminalization?

Several cities, including Nashville and Memphis, tried to decriminalize small amounts of marijuana by introducing civil penalties instead of criminal charges. However, in 2017, state lawmakers overturned these local efforts, reinforcing the state’s strict approach.

While there have been discussions at the legislative level about reducing penalties for marijuana possession, there has been no significant progress toward full decriminalization.

Could marijuana be legalized in Tennessee?

Marijuana is having something of a heyday around the country. Most states allow it to some degree, such as legally prescribed medical marijuana available through dispensaries. Others have legalized and decriminalized it completely. Where does Tennessee fit into the picture moving forward?

Legalization is pretty contentious. Many lawmakers continue to oppose it, claiming they have concerns over public safety, health risks, and federal prohibition. However, public support for legalization is huge and continues to grow.

Neighboring states’ more lenient policies may also put pressure on Tennessee to reconsider its stance. That’s particularly true if the state’s medical marijuana laws affect things like new residents moving to the state or businesses choosing to start or relocate in the state.

Some lawmakers are already taking a more progressive stance. State Democratic lawmakers introduced SB0809 and HB0836 in both the House and Senate in early February 2025. The bill has several goals, including:

• Allowing specific people in the state to possess and/or grow marijuana
• Set the age of possession/use at 21
• Set specific rules regarding medical use, including allowing parents and guardians to administer “non-smokeable” marijuana products to minors in their care with qualified medical conditions (cancer, for instance)
• Implement criminal and consumer protections regarding marijuana
• Create a tax plan that would apply to marijuana-related businesses
• Create a licensing strategy so that safe, effective marijuana can be sold legally in the state

However, until the law changes, Tennessee residents should be aware that any marijuana possession can lead to criminal charges. There is no “safe” amount. If you find yourself facing charges, it’s important to consult with an experienced criminal defense attorney to understand your options and protect your rights.

The benefits of working with an experienced criminal defense attorney

While much of the US takes a more lenient approach to marijuana, and lawmakers are trying to change the state’s strict laws, Tennessee remains staunchly anti-marijuana. Any amount is illegal and could lead to criminal charges.

There are no laws supporting personal use, growing, or possession outside of very narrow allowances for specific medical conditions. If law enforcement officers feel you intend to sell or otherwise distribute marijuana, that opens the doors to even harsher penalties, including felony charges and jail time.

An experienced attorney can help create a case-specific strategy. That might include negotiating a plea deal, fighting for a reduced sentence, or having the charges dropped depending on the specifics of the case.

Need legal guidance on a marijuana-related charge?

If you or a loved one is dealing with a marijuana-related charge, you don’t have to navigate it alone. At Delius & McKenzie, PLLC, we’re here to help you understand your legal rights and build a strong defense. Contact us today for a consultation.