Tennessee: Medical Marijuana Law Overview and State Fines/Penalties

[David Bowman]

Penalty Details
Marijuana is a Schedule VI drug in TN.

See:

• Tennessee CODE ANN. §39-17-415

Possession
Possession of a half ounce of marijuana or less is a Class A misdemeanor with penalties of up to a year in jail and a fine of up to $2,500. First offenses bring with them a minimum fine of $250. A second offense brings a mandatory fine of at least $500. Third time offenders will be charged with a Class E felony, bringing a punishment of between 1 and 6 years in prison and a mandatory minimum fine of $1,000.

See:

• Tennessee CODE ANN. §39-17-417
• Tennessee CODE ANN. §39-17-418
• Tennessee CODE ANN. §39-17-428

Sale
The sale or possessing with the intent to distribute between a half ounce of marijuana and 10 lbs. of marijuana is a Class E felony punishable with between 1-6 years of incarceration and a fine of no more than $5,000.

The sale or possessing with the intent to distribute between 10 and 70 lbs. of marijuana is a Class D felony punishable with between 2-12 years of incarceration and a fine of no more than $5,000.

The sale or possessing with the intent to distribute between 70-300 lbs. of marijuana is a Class B felony punishable with between 8-30 years of incarceration and a fine of no more than $200,000.

The sale or possessing with the intent to distribute more than 300 lbs. of marijuana is a Class A felony punishable with between 15-60 years of incarceration and a fine of no more than $500,000.

A first-time felony conviction will receive a minimum fine of at least $2,000. A second felony conviction will bring a minimum fine of at least $3,000. The third and all subsequent felony convictions will bring a fine of at least $5,000, and will be punished at one grade higher.

See:

• Tennessee CODE ANN. §39-17-417

Sale to a minor is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.

See:

• Tennessee CODE ANN. §39-17-417(k)

Sale to a minor within 1,000 ft. of a school is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.

See:

• Tennessee CODE ANN. §39-17-432(b)

Cultivation
Cultivation of 10 plants or less is a Class E felony and can lead to incarceration of between 1 and 6 years, and will bring a maximum fine of $5,000.

Cultivation of between 10 and 19 plants is a Class D felony and can lead to incarceration of between 2 and 12 years, and will bring a maximum fine of $50,000.

Cultivation of between 20 and 99 plants is a Class C felony and can lead to incarceration of between 3 and 15 years, and will bring a maximum fine of $100,000.

Cultivation of between 100 and 499 plants is a Class B felony and can lead to incarceration of between 8 and 30 years, and will bring a maximum fine of $200,000.

Cultivation of 500 or more plants is a Class A felony and can lead to incarceration of between 15 and 60 years, and will bring a maximum fine of $500,000.

First-time felony convictions will receive a mandatory minimum fine of at least $2,000.

Second-time felony convictions will receive a mandatory minimum fine of at least $3,000.

Any repeat felony conviction after the second will receive a mandatory minimum fine of at least $5,000.

See:

• Tennessee CODE ANN. §39-17-417

Hash & Concentrates
Hashish and concentrates are schedule VI controlled substances.

See:

• Tennessee CODE ANN. § 39-17-415(a)(2)

Possession of hashish or concentrates is a crime. If the amount of hashish or concentrates is less than 14.75 grams the offense is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. A second or subsequent conviction is punishable as a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

See:

• Tennessee CODE ANN. § 39-17-418
• Tennessee CODE ANN. § 40-35-111

It is a crime to manufacture, deliver, sell, or possess with intent to manufacture, deliver, or sell hashish or concentrates. If the amount of hashish or concentrates is less than 2 pounds, the offense is a Class E felony punishable by a fine no greater than $5,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

If the amount of hashish or concentrates is greater than 2 pounds but less than 4 pounds, the offense is a Class D felony punishable by a fine no greater than $50,000 and a term of imprisonment no less than 2 years and no greater than 12 years.

If the amount of hashish or concentrates is greater than 4 pounds but less than 8 pounds, the offense is a Class C felony punishable by a fine no greater than $100,000 and a term of imprisonment no less than 3 years and no greater than 15 years.

If the amount of hashish or concentrates is greater than 8 pounds but less than 15 pounds, the offense is a Class B felony punishable by a fine no greater than $200,000 and a term of imprisonment no less than 8 years and no greater than 30 years.

If the amount of hashish or concentrates is greater than 15 pounds, the offense is a Class A felony punishable by a fine no greater than $500,000 and a term of imprisonment no less than 15 years and no greater than 60 years.

If the offense occurred within a designated area, then the penalty of that offense is increased by one class, i.e. a Class D felony becomes a Class C felony, a Class B felony becomes a Class A felony, etc. This designated area is anywhere within 1,000 feet of a school, recreation center, public library, child day care facility, or park.

See:

• Tennessee CODE ANN. § 39-17-417(g),(h),(i)
• Tennessee CODE ANN. § 40-35-111(b)
• Tennessee CODE ANN. § 39-17-432

Any device or equipment used to make or create hashish is considered drug paraphernalia. Using paraphernalia or possessing paraphernalia with the intent to use is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. Possessing or manufacturing with intent to deliver drug paraphernalia is a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

See:

• Tennessee CODE ANN. § 39-17-402(12)
• Tennessee CODE ANN. § 39-17-425
• Tennessee CODE ANN. § 40-35-111

Paraphernalia
Possession of paraphernalia is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine of between $150 and $2,500. For a second or subsequent violation, the mandatory minimum fine increases to $250.

See:

• Tennessee CODE ANN. §39-17-424
• Tennessee CODE ANN. §39-17-428

Sale of paraphernalia is a Class E felony and is punishable with 1-6 years of incarceration and a maximum fine of $3,000.

See:

• Tennessee CODE ANN. §39-17-425

Miscellaneous
Falsification of Drug Tests
Falsifying a dug test is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine not to exceed $2,500.

See:

• Tennessee CODE ANN. §39-17-425

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

MEDICAL CBD

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.

Source: NORML: Tennessee Laws & Penalties