Is Weed Legal in Tennessee? (2026)

Instrument

Schedule VI listing of marijuana; cannabis oil exclusion from the definition of marijuana

Source

https://publications.tnsosfiles.com/rules/0940/0940-06/0940-06-01.20251215.pdf

Retrieved

2026-11-07

Fingerprint

9455ed156331c452

Tenn. Comp. R. & Regs. 0940-06-01-.06. Controlled substances in Schedule VI (Board of Pharmacy, December 2025 revision)

0940-06-01-.06 CONTROLLED SUBSTANCES IN SCHEDULE VI.

      (1)   Marijuana 7360

      (2)   Tetrahydrocannabinols 7370

      (3)   Unless specifically excepted or unless listed in another schedule, synthetic equivalents of the
            substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or
            synthetic substances, derivatives, and their isomers with similar chemical structure and
            pharmacological activity. Examples include the following drugs or their compounds regardless
            of numerical designation of atomic positions covered:

            (a)   1 cis or trans tetrahydrocannabinol, and its optical isomers.

            (b)   6 cis or trans tetrahydrocannabinol, and its optical isomers.

            (c)   3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.

Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-303, 33-1-305, 33-1-309, and 39-17-403. Administrative
History: Original rule filed April 29, 1981; effective June 18, 1981. Repeal and new rule filed May 25,
1984; effective June 24, 1984. Repeal and new rule filed September 6, 1985; effective October 10, 1985.
Repeal and new rule filed December 17, 1986; effective January 31, 1987. Repeal and new rule filed
January 7, 2011; effective April 7, 2011. Repeal and new rule filed December 20, 2013; effective March
20, 2014. Repeal and new rule filed February 24, 2015; effective May 25, 2015. Repeal and new rule filed
March 4, 2016; effective June 2, 2016. Repeal and new rules filed March 21, 2017; effective June 19,
2017. Repeal and new rules filed July 5, 2018; effective October 3, 2018. Amendments filed March 1,
2024; effective May 30, 2024.

2021 Tenn. Pub. Acts ch. 577 (S.B. 118), Section 3: Tenn. Code Ann. 39-17-402(16)(F), cannabis oil exclusion from the definition of marijuana

SECTION 3. Tennessee Code Annotated, Section 39-17-402(16)(F), is amended by deleting
the subdivision and substituting instead the following:

              (F) The term "marijuana" does not include oil containing the substance cannabidiol,
      with less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol, if:

                    (i)(a) The bottle containing the oil is labeled by the manufacturer as containing
                    cannabidiol in an amount less than nine-tenths of one percent (0.9%) of
                    tetrahydrocannabinol; and

                           (b) The person in possession of the oil retains:

                                   (1) Proof of the legal order or recommendation from the issuing
                           state; and

                                   (2) Proof that the person or the person’s immediate family
                           member has been diagnosed with intractable seizures or epilepsy by a
                           medical doctor or doctor of osteopathic medicine who is licensed to
                           practice medicine in this state; or

                    (ii)(a) The bottle containing the oil is labeled by the manufacturer as containing
                    cannabidiol in an amount less than nine-tenths of one percent (0.9%) of
                    tetrahydrocannabinol on a printed label that includes the manufacturer’s name
                    and the expiration date, batch number or lot number, and
                    tetrahydrocannabinol concentration strength of the oil; and

                           (b) The person in possession of the oil retains:

                                    (1) Proof of the legal order or recommendation from the issuing
                           state;

                                  (2) Proof that the person or the person’s immediate family
                           member has been diagnosed with at least one (1) of the following
                           diseases or conditions by a medical doctor or doctor of osteopathic
                           medicine who is licensed to practice medicine in this state:

                                           (A) Alzheimer's disease;

                                           (B) Amyotrophic lateral sclerosis (ALS);

                                            (C) Cancer, when such disease is diagnosed as end
                                    stage or the treatment produces related wasting illness,
                                    recalcitrant nausea and vomiting, or pain;

                                           (D) Inflammatory bowel disease, including Crohn's
                                    disease and ulcerative colitis;

                                           (E) Multiple sclerosis;

                                           (F) Parkinson's disease;

                                           (G) Human immunodeficiency virus (HIV) or acquired
                                    immunodeficiency syndrome (AIDS); or

                                           (H) Sickle cell disease; and

                                (3) Proof that the person or the person’s immediate family
                           member has a valid letter of attestation, as defined in§ 68-7-201;

2022 Tenn. Pub. Acts ch. 1054 (H.B. 1747), Section 1: Tenn. Code Ann. 39-17-402(16)(F)(ii)(b)(2), qualifying diagnoses

SECTION 1. Tennessee Code Annotated, Section 39-17-402(16)(F)(ii)(b)(2),                  is
amended by deleting subdivisions (G) and (H) and substituting:

            (G) Human immunodeficiency virus           (HIV) or acquired immunodeficiency
      syndrome (AIDS);

             (H) Sickle cell disease; or

             (I) Quadriplegia; and