Tennessee Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Tennessee. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALTennessee permits the possession and sale of hemp-derived CBD products containing less than 0.3% THC under Tenn. Code Ann. § 43-26-102. The state aligns with the 2018 Farm Bill but requires products to be tested and labeled properly.
Possession
Legal to possess hemp-derived CBD with less than 0.3% THC.
Sale
Sale is legal if products meet state testing and labeling requirements.
Penalties
N/A
Age Restriction
18+ to purchase CBD products.
Delta-8 THC
RESTRICTEDTennessee allows hemp-derived cannabinoids but restricts Delta-8 THC if it exceeds 0.3% Delta-9 THC. Under Tenn. Code Ann. § 53-10-101 et seq., Delta-8 THC products must comply with hemp laws and cannot be sold to minors.
Possession
Legal if derived from hemp and Delta-9 THC is below 0.3%.
Retail Sale
Sale is allowed only if products meet hemp definition and are not marketed to minors.
Penalties
Penalties for illegal sale or possession include misdemeanor or felony charges depending on amount and intent.
Age Restriction
21+ for purchase.
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Tennessee under the 2018 Farm Bill. In 2025, Tennessee enacted significant changes to its hemp laws, creating a new regulatory structure for hemp-derived cannabinoids.
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
LEGALKratom is legal in Tennessee and is not listed as a controlled substance under Tennessee Code Title 39. There are no state laws banning possession or sale of kratom.
Possession
Legal to possess kratom in any amount.
Sale
Legal to sell and purchase kratom without restriction.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin mushrooms are illegal in Tennessee and classified as a Schedule I controlled substance under Tenn. Code Ann. § 39-17-408. Possession, sale, and manufacture are criminal offenses.
Possession
Illegal to possess any amount of psilocybin mushrooms.
Distribution
Illegal to sell or distribute psilocybin mushrooms.
Penalties
Possession is a felony punishable by 3 to 15 years imprisonment and fines up to $10,000.
Age Restriction
None (illegal for all ages).
Recreational Marijuana
ILLEGALRecreational marijuana is illegal in Tennessee. No significant legislative changes since 2023.
Personal Possession
Illegal. Possession of 1/2 oz or less is a Class A misdemeanor (up to 1 year jail, $2,500 fine). Over 1/2 oz is a felony. No medical marijuana program (limited CBD oil program exists).
Retail Purchase
Illegal. Distribution of any amount is a felony. Sale within 1,000 feet of a school is an enhanced felony.
Penalties
Under 1/2 oz: Class A misdemeanor, up to 1 year, $2,500 fine. 1/2 oz to 10 lbs: Class E felony, 1-6 years. Over 10 lbs: Class D felony, 2-12 years.
Age Restriction
N/A
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in Tennessee. Tennessee enforces its ban on Salvia.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in Tennessee. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in Tennessee.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A