Loading

Tennessee Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

1/2 oz or less (first offense) misdemeanor 1 year $ 250
1/2 oz or less (second offense) misdemeanor 1 year $ 500
1/2 oz or less (third offense) felony 1 - 6 years $ 1,000
Fines for possession are mandatory.

Sale

1/2 oz - 10 lbs felony 1 - 6 years $ 5,000
10 - 70 lbs felony 2 - 12 years $ 5,000
70 - 300 lbs felony 8 - 30 years $ 200,000
More than 300 lbs felony 15 - 60 years $ 500,000
Includes possession with intent to distribute.
Subsequent offense carries higher penalty.

Cultivation

10 plants or less felony 1 - 6 years $ 5,000
10 - 19 plants felony 2 - 12 years $ 50,000
20 - 99 plants felony 3 - 15 years $ 100,000
100 - 499 plants felony 8 - 30 years $ 200,000
More than 500 plants felony 15 - 60 years $ 500,000
Subsequent offense carries higher penalty.

Hash & Concentrates

Possession misdemeanor 11 mos $ 2,500
Manufacture, deliver, or sell less than 2 lbs felony 6 years $ 5,000
Manufacture, deliver, or sell 2 - 4 lbs felony 12 years $ 50,000
Manufacture, deliver, or sell 4 - 8 lbs felony 15 years $ 100,000
Manufacture, deliver, or sell 8 - 15 lbs felony 30 years $ 200,000
Manufacture, deliver, or sell more than 15 lbs felony 60 years $ 500,000

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 2,500
Sale of paraphernalia felony 1 - 6 years $ 3,000

Miscellaneous (license suspensions, civil damages, etc...)

Falsification of drug tests misdemeanor 1 year $ 2,500

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
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.






Shop at AmazonSmile