Marijuana and Simple Possession Charges in Tennessee

Kylene Ross

Oct 2

5 min read

Possessing marijuana is still a crime in Tennessee. Simple possession or casual exchange is a Class A misdemeanor, which carries up to 11 months and 29 days in jail, a fine up to $2,500, or both (Tenn. Code Ann. §§ 39-17-418, 40-35-111). Many first-time cases can end without a conviction through diversion, so how you handle the case early matters.

What counts as simple possession

The law makes it a crime to knowingly possess or casually exchange a controlled substance without a valid prescription or practitioner's order (Tenn. Code Ann. § 39-17-418(a)). Marijuana and THC are Schedule VI controlled substances (Tenn. Code Ann. § 39-17-415).

It is also a separate offense to distribute a small amount of marijuana, not more than one-half ounce (14.175 grams) (Tenn. Code Ann. § 39-17-418(b)). That is also a Class A misdemeanor.

Can a repeat charge become a felony?

Not for marijuana under the current statute. Section 39-17-418(e) makes simple possession a Class E felony only when the person has two or more prior convictions under that section and the new charge involves heroin. A repeat marijuana charge stays a misdemeanor, though your record can still affect sentencing and whether you qualify for diversion.

A 2026 bill to raise the "small amount" line from a half ounce to five ounces (HB 2062 / SB 2095) did not pass. It stalled in a House subcommittee.

When it becomes "intent to sell"

Possession with intent to manufacture, deliver or sell is charged under a different law. For marijuana, not less than one-half ounce (14.175 grams) up to 10 pounds is a Class E felony (Tenn. Code Ann. § 39-17-417(g)). A Class E felony carries 1 to 6 years and a fine up to $3,000 (Tenn. Code Ann. § 40-35-111).

There is no automatic weight that proves intent. The law says intent to sell may be inferred from the amount, "along with other relevant facts surrounding the arrest." Facts showing a casual exchange of a small amount among people may support the opposite inference (Tenn. Code Ann. § 39-17-419). Scales, baggies, cash and text messages often come up in these cases.

Paraphernalia charges

Pipes, papers, grinders and similar items can bring a separate charge. Using or possessing drug paraphernalia with intent to use it is a Class A misdemeanor. Delivering or selling paraphernalia, knowing it will be used for drugs, is a Class E felony (Tenn. Code Ann. § 39-17-425).

Talk to a Lawyer Today

Call (615) 997-7618 to talk with Kylene Ross or Chloe Hawes about your situation. Arrested after hours? Send us a message and we are notified right away.

Hemp, Delta-8 and THCA products

Hemp, as defined in Tenn. Code Ann. § 43-27-101, is not marijuana and is not a controlled substance (Tenn. Code Ann. §§ 39-17-402, 39-17-415). That is why hemp-derived products can be sold legally. The rules changed recently:

New regulator. Public Chapter 526 of 2025 moved regulation of hemp-derived cannabinoid sales from the Department of Agriculture to the Tennessee Alcoholic Beverage Commission, effective January 1, 2026.
THCA now counts. The law measures "total THC" as (THCA x 0.877) plus delta-9 THC. Products at or under 0.3% total THC are legal under the Commission's rules. A THCA product that is "hemp" by label can be over that line once THCA is counted.
Age 21. Buyers must be at least 21.

What this means for a possession charge: a product that tests above the hemp limit does not meet the legal definition of hemp. If your charge involves a store-bought product, keep the packaging, the receipt and any lab report (certificate of analysis). Do not throw them away.

Medical marijuana

Tennessee's definition of marijuana has only a narrow medical carve-out. It covers low-THC cannabidiol oil (under 0.9% THC) when the person keeps proof of a legal order or recommendation from the state where it was issued, proof of a listed medical condition such as epilepsy, cancer or multiple sclerosis, and a letter of attestation (Tenn. Code Ann. § 39-17-402). Flower, edibles and vapes from another state's dispensary are not covered by that exception.

Diversion and expungement

For many people facing a first possession charge, the most important question is diversion.

Pretrial diversion is an agreement with the prosecutor. The case is put on hold for up to two years, and if you meet the conditions, the charge is dismissed (Tenn. Code Ann. § 40-15-105). You generally cannot have a prior diversion or a prior Class A or B misdemeanor or felony conviction.
Judicial diversion follows a guilty plea, but the judge holds off on entering a conviction. If you complete probation, the case is dismissed, and you can petition to expunge the records (Tenn. Code Ann. § 40-35-313).

Read our guide to pretrial vs. judicial diversion in Tennessee and how long expungement takes.

Where the case goes in Sumner County

Simple possession is a misdemeanor, so it starts in General Sessions Court. In Sumner County, the General Sessions clerk is at 155 East Main Street, Gallatin. General Sessions also holds preliminary hearings in felony cases, such as a possession with intent charge. Our General Sessions court guide explains the first court date. If you were arrested, see how bond works in Sumner County.

When substance use is part of the picture, the Recovery Court of Sumner County may be an option. It serves adults with pending Sumner County charges who are nonviolent offenders, and referrals come through the District Attorney's office, a defense attorney or a judge.

Do and do not

Do keep your citation or bond papers and go to every court date.
Do save receipts, packaging and lab reports for any hemp product.
Do talk to a lawyer before your first court date, while diversion is still on the table.
Do not pay or plead guilty at the first setting without knowing what it does to your record.
Do not discuss the case on jail phones, by text or on social media.
Do not pick up a new charge. A new arrest can cost you diversion.

How we can help

Attorney Chloe Hawes handles criminal defense for our office on the Gallatin Public Square and works with the Recovery Courts of Sumner County. Attorney Kylene Ross also takes criminal cases. We represent people in Sumner, Wilson, Robertson, Williamson and Davidson counties. We look at how the stop and search happened, what the lab says the substance is, and whether diversion or another path fits your situation. Learn more on our drug charge defense page and our criminal defense services.

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