Tennessee Criminal Attorney Blog
October 10, 2023

Marijuana Laws in Tennessee: Current Status and Updates


law for marijuana

Marijuana laws across the United States are swiftly changing, but in Tennessee, marijuana remains predominantly illegal. If you are facing a marijuana charge as a resident or visitor to Tennessee, understanding the state’s marijuana laws is crucial, as well as having an experienced Nashville criminal defense lawyer, like those at M. Don Himmelberg & Associates, to assist you with navigating these intricate legal waters. In this blog post we discuss the current status and updates in marijuana laws in Tennessee. 

What are the Consequences of Possessing, Selling, or Cultivating Marijuana in Tennessee?

In Tennessee, marijuana remains largely illegal, with severe penalties meted out for possession, sale, or cultivation. The severity of the punishment for marijuana offenses hinges primarily on the quantity in possession and the intent behind possession. 

Lesser amounts, specifically less than half an ounce, are deemed a misdemeanor with potential penalties including fines and incarceration. If you are caught in possession of a half-ounce of marijuana or less, you are potentially looking at a year in jail and a fine of up to $2,500 for the first offense. 

However, possessing more significant quantities or showing signs of intent to distribute can escalate the charge to a felony. A felony charge could result in harsher punishments, including extended imprisonment.

Medical Marijuana and CBD

Some states have decriminalized marijuana for medical uses, but Tennessee is not one of them. However, the state has made a slight concession regarding medical marijuana. Tennessee now permits the use of CBD oil with less than 0.9% THC for patients diagnosed with severe seizure disorders. But the law does not establish a legal avenue to obtain such products within the state, complicating its usage.

Defending Marijuana Charges in Nashville

A criminal defense lawyer in Nashville, like those at M. Don Himmelberg & Associates, can diligently defend you if you are facing marijuana-related charges. Your lawyer can examine the particulars of your arrest and explore avenues like unlawful search and seizure, contesting the validity of the search warrant, or highlighting lapses in due process to challenge the prosecution’s case. A robust defense strategy can be pivotal in achieving a favorable outcome for your case, whether that be a reduction in the charge against you or a full acquittal.

Having an experienced criminal defense lawyer like M. Don Himmelberg is pivotal when facing any marijuana-related charges in Nashville. By working with an experienced criminal defense lawyer, Nashville defendants can scrutinize their case to determine if their rights were infringed upon during the arrest. Was the search and seizure lawful? Was there a probable cause? Addressing these questions is vital to building a solid defense strategy. 

Moreover, an experienced lawyer can assist with negotiating a plea deal, minimizing the consequences of a possible conviction, and potentially having the charges dropped or records expunged, depending on the specifics of your case. The profound knowledge of local courts, judges, and prosecutors that a Nashville-based lawyer like those at M. Don Himmelberg & Associates can be instrumental in navigating the legal intricacies surrounding marijuana laws in Tennessee.

Why Hire a Nashville Criminal Defense Lawyer from M. Don Himmelberg & Associates?

At M. Don Himmelberg & Associates, we understand the nuances of Tennessee’s marijuana laws and utilize our vast experience to provide unmatched representation for our clients. If you find yourself facing a marijuana-related offense, do not hesitate to reach out. Our dedicated team is here to guide you, ensuring you comprehend every aspect of your case, from the initial consultation to the court proceedings, guaranteeing your rights are preserved every step of the way.


Marijuana, under Tennessee law, remains largely illegal. While many states have moved towards legalization or decriminalization, Tennessee continues to impose strict regulations and sanctions. Possession of any amount of marijuana can lead to substantial penalties, ranging from a misdemeanor for possession of a half-ounce or less, to a felony for larger quantities, intent to sell, or cultivation. Furthermore, medical marijuana is not currently legal in Tennessee, except for a limited, non-psychoactive form used to treat severe seizure disorders.

Marijuana laws in Tennessee remain strict and uncompromising compared to many other states in the U.S. Possession, sale, or cultivation of marijuana is primarily illegal and can lead to severe legal repercussions. However, the skilled representation of an experienced Nashville criminal defense lawyer like those at M. Don Himmelberg & Associates can help with assessing the legality of the arrest, formulating a robust defense strategy, and mitigating the consequences.

Contact an Experienced Nashville Criminal Defense Lawyer at M. Don Himmelberg & Associates

If you are facing marijuana charges in Nashville, having an adept and experienced criminal defense lawyer is not just a choice; it is a necessity. Make sure to consult with a qualified lawyer to discuss your specific circumstances and explore your options. Contact M. Don Himmelberg & Associates, and let us navigate through the complexities of Tennessee’s marijuana laws and fight tirelessly for your rights and your future.

Image by Freepik