When it comes to medical marijuana, the southern provinces of the United States are a hard sell. Several states have a low-THC medical cannabis program, like Tennessee. And a restricted number of qualifying health disorders. In states with limited medical marijuana programs, patients feel they are not given adequate potency THC to deal with the symptom. And advocacy groups wish for further medical cannabis reform to expand the MMJ program in Tennessee. 

 

Is Medical Marijuana Legal in Tennessee?

In 2021 the governor of Tennessee signed HB0490, a bill that formed a commission to study medical marijuana, extended the list of qualifying disorders for medical marijuana and made a new law that permits qualifying patients to own cannabis oil that contains no more than 0.9 percent THC.  

This new Bill would take some time to get up and running efficiently. Currently, no dispensaries working can sell medical cannabis products in Tennessee, and the patient registration procedure with the state is being executed.  

While Tennessee is experiencing severe changes to its new medical marijuana program, Tennessee Marijuana Card is here to help.  

The History of Medical Marijuana in Tennessee

April 2015—Senate Bill 280 makes it authorized for a patient to own and use marijuana oil if they possess a medical card from another state. The visiting patient must have a written legal order or recommendation from another state. 

The legislation also needs:” Evidence that the person or the person’s immediate family member has been identified with intractable seizures by a medical physician or doctor of osteopathic medicine who is authorized to practice in the state of Tennessee.”

March 2021—House Representatives Janice Bowling and Iris Rudder filed bills to decriminalize medical marijuana in Tennessee to treat severe medical disorders. The Bill was filed in March 2021; however, it died in the Senate.

SB 0854 and HB 0621 would have formed a bonafide medical cannabis program in Tennessee. The suggested legislation also contained a framework for certifying cultivators and processors and governing the transport and selling of cannabis over retail dispensaries. 

Current marijuana laws in Tennessee

Marijuana, for medical and recreational uses, is not legitimate in Tennessee. However, an exception allows using the high-CBD, low-THC cannabis oil for seizure patients.

Possession and cultivation both remain illegitimate. Ownership of any amount is an offense, punishable by one year in jail and up to a $2500 fine. Growing ten plants or less is a crime, punishable by one to six years in prison and a $5,000 fine, and the penalties increase considerably for each added plant being grown.

Until 2016, third and succeeding convictions for the ownership of marijuana were felonies, punishable by one to six years in custody plus a fine of up to $3,000. However, in 2016, the legislature decreased that penalty to a misdemeanor, so persons convicted of nonviolent ownership of most drugs will no longer suffer the humiliation of a lifelong felony record.

The state is blocking decriminalization. Meanwhile, the two biggest cities in Tennessee – Memphis and Nashville – both passed decrees in 2016 that provided an officer with the discretion to charge somebody with a civil infraction for owning small amounts of marijuana. One of the causes for this was that the criminal law had been enforced unevenly: In 2010 in Tennessee, four African Americans were detained for marijuana ownership for every white arrested, even though both races ingest marijuana at about the same rate.

However, the Senate passed, and then-Governor Bill Haslam signed a bill that canceled those local marijuana legalization laws. The Bill said, “State government law preempts local government depictions concerning the rule of and appropriate sanctions for conduct involving drugs and other similar substances.” With many new lawmakers and a new governor, it is time to renew the call for statewide reform.

How you can get a Medical Marijuana Card in TN?

• BOOK AN APPOINTMENT

When we are booking appointments in Tennessee, you will schedule an appointment to see a medical marijuana physician in T.N. at a time that is most suitable for you. Provide basic medical history plus book your appointment with an accredited medical marijuana physician. You would need medical records and the doctor(s) could approve any qualifying condition.

 

• CONSULT WITH AN MMJ DOCTOR

Consult with a physician for 15 minutes to assess your ailments, and ask any queries you may have about medical marijuana treatment. Afterwards, the appointment is complete, and the doctor will fill out a commendation form for medical marijuana plus approve you. When you have this, you can then use that to apply to the state.

 

• GET APPROVED

Once you are sanctioned, you’ll register with the state plus apply. The state will process your application, inform you of your approval, and mail your card. When you have your card, you can initiate buying from a dispensary.

In Tennessee, patients need to recertify their license yearly by seeing an authorized physician again.

Who qualifies for medical marijuana in Tennessee?

Patients over eighteen (18) years might legally use low-THC CBD oil in Tennessee. To be entitled to apply for a medical cannabis card, patients must have one or more than one diagnosed health condition instructed by the state.

The qualifying health disorders to apply for a medical card in Tennessee comprise:

• Alzheimer’s disease
• Cancer (Stage IV) or the treatment of associated symptoms of wasting, nausea or pain because of end-stage cancer
• Amyotrophic Lateral Sclerosis (ALS)
• Seizure Disorders (Epilepsy)
• Inflammatory bowel diseases, including Crohn’s and Irritable Bowel Syndrome (IBS)
• Multiple Sclerosis
• Parkinson’s disease
• AIDS/HIV
• Sickle Cell Disease
• Patients must have a letter from a doctor licensed to practice in Tennessee which attests to the qualifying health disorder diagnosis. The letter must indicate that conventional treatment techniques were unsuccessful at managing the symptoms of the patient. 

Caregivers

There are no caregiver laws in Tennessee. Simply a patient can own and administer low-level THC cannabidiol that a neurologist prescribes for a diagnosed severe seizure disorder.

Possession and Cultivation Limits

A state-registered patient could only own as much low-level THC oil as prescribed to them by a licensed neurologist. Any other form of cannabis is prohibited and will result in criminal charges against the patient. There is no farming in Tennessee. Any patient found rising or manufacturing any cannabis will be found guilty of a criminal offense. 

Recommending Cannabis in Tennessee

To suggest cannabis in Tennessee, doctors need to be related with clinical research on intractable seizure therapy undertaken over a medical college. Recommended doctors must submit a report on the results of all cannabis studies, including the number of patients involved, the study factors, and the consequences of each participant, to the Commissioner of Health and Tennessee’s General Assembly by January 2018.

Marijuana Ownership in Tennessee: 5 Causes it is Still a Big Deal

Public insight into marijuana use is quickly changing. Its prevalence as a theme or source of humor in movies and popular music, coupled with its certification in two states, has led many people – especially young people – to trust that it is no big deal.

You are not alone if you’re wondering why marijuana ownership in Tennessee is a big deal. This year, Colorado became the first state to decriminalize recreational marijuana, followed soon by the State of Washington. With many more states about to address the legitimacy of marijuana, it is easy to see why people have queries about personal use in Tennessee.

Why is it a Big Deal?

There are five things you need to keep in mind about marijuana ownership (legally referred to as a Schedule VI drug) in Tennessee from a criminal attorney’s perspective:

It is entirely illegal in Tennessee. The State of Tennessee does not even identify medical marijuana use. A possible change of this law was defeated in a Tennessee House of Representatives committee formed this year. Universities are permitted to do limited research with cannabis oils; however, all other forms of marijuana are illegal for anybody to possess for any cause.

It is still illegal as per federal law. The United States Government made marijuana illegal under the Controlled Substances Act of 1970. However, the United States Justice Department has eased trials in states where recreational use has been legal, which can rapidly change. Additionally, the Justice Department has not made easy trial guidelines in states where recreational marijuana has not been legitimate, including Tennessee.

You are not protected from employers. While there are definite challenges over time, an employer can still dismiss your employees for drug use, even in states where it is legal. Further, most firms have drug and alcohol rules in place that are violated by marijuana use. It is significant to remember that marijuana can show up in a drug screen for up to a month (sometimes more) from the last date of use. If your employer has a “no tolerance” rule, don’t expect to keep your work if you test positive on a drug screen.

You can be charged with DUI. In Tennessee, you can be sentenced for driving under the influence of marijuana. If marijuana shows up in your blood while you are arrested for DUI, that positive test can be used to show that you were driving under the influence.

You can face strict criminal fines. Even a small amount of marijuana (lawfully called simple ownership of Schedule VI) could lead to jail time, even if it is your first arrest. Moreover, it only takes a small amount of marijuana (half an ounce) to be charged with a crime. There are mandatory penalties and court costs, and if you are driving a car at the time of your arrest, it can be seized.

Even though the legalization of marijuana is a nationwide debate, it is significant to understand that there are still many causes why possession of marijuana charges in Tennessee could impact your future.

Buying cannabis in Tennessee

CBD oil must be bought legally in the U.S. and outside of Tennessee. It must have a manufacturer’s tag that says the product contains less than 0.9% THC. Buyers must be able to show Evidence of legal purchase.

Weed ownership law in Tennessee

In 2020 Sen. Katrina Robinson and Rep. Antonio Parkinson pushed to increase the simple ownership limit from 0.5 ounces to 1 ounce of marijuana. Though their efforts have not been successful, owning 0.5 ounces or less of marijuana is considered a crime in Tennessee, punishable by up to a $250 fine plus one year in jail. 

The Nashville District Attorney’s Office declared in 2020 that it would no longer prosecute for owning less than 0.5 ounces of marijuana, unlocking the door for other jurisdictions to follow suit. This verdict does not mean that marijuana has been legalized in Tennessee.

Tennessee Does Not Have Medical Marijuana Reciprocity

Some U.S. states offer what is recognized as reciprocity laws that allow you to bring your marijuana and associated products into the state without being hassled. Though you may be capable of bringing it in, it does not mean the state will permit you to purchase more medical-grade cannabis with a prescription from another state. Furthermore, just because your situation qualifies for a medical marijuana card in your state, other states might not recognize your disease or condition as being entitled to medical marijuana in that place.

Neither of these scenarios is appropriate in Tennessee. Tennessee does not permit you to bring in your products, nor will you be capable of buying any products with your prescription. Recall that even though your state might allow medical marijuana use and protect those bringing products in from other states with appropriate documentation, the federal government still considers its use illegal. This means that you might be facing federal custody for using and transporting medical marijuana inside or to or from these particular states.

Marijuana Ownership Charges in Tennessee

Suppose you are detained for ownership of marijuana or marijuana-related products in Tennessee. In that case, you might be charged with a crime or a felony, depending on how much you have in your ownership. Currently, marijuana is registered as a controlled Schedule VI drug in Tennessee. It is illegitimate in the state to “knowingly own or casually exchange a controlled substance.” It is also illegitimate to distribute even a small quantity of marijuana, not over half an ounce, 14.175 grams.

A charge of ownership can result in a Class A crime, and you could be facing a maximum consequence of up to one year in prison. You could also be punished for completing a drug offender program and community service at a drug or alcohol treatment centre.

Marijuana Cultivation and Sales in Tennessee

It is illegitimate to cultivate or sell marijuana or hashish (or own marijuana or hashish with the intent to do so) in Tennessee. Penalties vary as per the quantity produced or sold, with increased punishments for sales to a minor or inside a drug-free school zone.

Between one-half ounce plus ten pounds of marijuana; otherwise up to two pounds of hashish: The crime is a Class E offence, and punishments include a fine of at least $2,000 and up to $5,000, between one and six years in jail, or both.

Among ten and 70 pounds of marijuana, or between ten and 19 marijuana plants: The crime is a Class D felony, plus punishments include a fine of up at least $2,000 plus up to $50,000, between two and 12 years in prison, or both.

Among four and eight pounds of hashish, or between 20 and 99 marijuana plants: The offence is a Class C crime, and punishments include a fine of at least $2,000 and up to $100,000, among three and 15 years in jail, or both.

Between 70 and 300 pounds of marijuana; among eight and 15 pounds of hashish; or between 100 and 499 marijuana plants: The offence is a Class B felony, and penalties comprise a fine of at least $2,000 and up to $200,000, among eight and 30 years in prison, or both.

Three hundred pounds or more of marijuana; or 500 or more marijuana plants: The offence is a Class A felony, and penalties comprise a fine of at least $2,000 and up to $500,000, between 15 and 60 years in custodial, or both.

Tennessee Stamp Taxes

A stamp tax is a tax enforced on actual transactions (for example, the transfer of property) that needs a stamp to be bought and attached either to the item sold or to an instrument documenting the deal. The federal government enforces stamp taxes on deeds, issuing and transferring stocks plus bonds, and playing cards.

In Tennessee, those who purchase, transport, or import marijuana into Tennessee are required to pay a stamp tax plus place the stamp (proof of payment) onto the contraband. However, since the ownership of marijuana is illegal, people typically do not pay the stamp tax. When you are sentenced for possession, you will be liable for paying the unpaid taxes ($3.50 for each gram, portion of a gram of marijuana, or $350 per marijuana plant).

Can You Legally Grow Hemp in Tennessee?

Don’t do it if you are thinking of growing hemp in Tennessee. Marijuana ownership, use, and cultivation are illegitimate, even if you trust you have a medical condition that could benefit from medical marijuana treatment.

What about Dispensaries in Tennessee?

You can’t legally purchase marijuana in Tennessee. Medical marijuana is not authorized in Tennessee, so there are no dispensaries in the state. You will face heavy penalties if you’re caught selling or purchasing marijuana, as we’ve outlined in Tennessee marijuana laws.

Is Recreational Marijuana Legal in Tennessee? 

Recreational cannabis is illegitimate in Tennessee, and the state has some of the severest marijuana laws in the country. The marijuana legislation in the state is so strict that the state has blocked municipal legalization.  

In 2016, the two biggest cities, Nashville and Memphis, legalized possessing small amounts of cannabis.

However, the state repealed these municipal legalization efforts only seven months later and banned local governments from forming their drug ownership sanctions. 

Nashville partly decriminalized cannabis in July 2020 when the District Lawyer dropped all marijuana charges below half an ounce.  

At the time, District Lawyer Glenn Funk said: “Marijuana charges do slight to promote public health, plus even less to promote public safety.” He noted that drug charges disproportionately affect minorities. 

Nashville Mayor John Cooper expressed clear support for the legalization measure; he said: “I support the DA’s verdict to stop prosecuting minor marijuana crimes in Davidson County. We need to continue working to confirm that people have access to drug treatment and that we are doing everything possible to keep nonviolent young people out of the criminal justice system.”

When will Tennessee legalize marijuana?

While we cannot predict the future, we know that Tennesseans cannot petition to get a medical marijuana initiative added to the ballot. Any path to legalizing marijuana would have to go over the state legislature. 

Did Tennessee pass medical marijuana?

Medical marijuana laws are very restricted in Tennessee despite efforts in 2020 to put an authorization bill on the general election ballot. The one exemption is for cannabidiol (CBD) products comprising less than 0.9% THC to treat intractable seizures.

Are dabs a felony in Tennessee?

T.N. Code § 39-17-418 (2019) states that ownership of 14.175 grams of marijuana (or concentrates, presumably) or less is a crime for the first offence. Following offences would be considered felonies, as would any quantity greater than 14.175 grams. That said, we are not lawyers. Please consult one for specific cases.

The bottom line

Tennessee’s marijuana regulations may get updated in 2022 to accommodate a free economy inside the cannabis market. Simultaneously, more relaxed limitations within the cannabis market could improve healthcare using marijuana products. The potential advantages of this Bill are far more significant than the cons, especially if the regulations of marijuana use will permit complete oversight from the state government.