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Tennessee Statewide Rule

Tennessee Marijuana Dispensary Prohibition Statewide

Heavy RestrictionsApplies statewide across Tennessee (2026)

Key Facts

Recreational Sales
Prohibited statewide
Medical Dispensaries
None authorized
Hemp Products
Separate ABC-licensed program
Local Authority
Cannot authorize sales
Last verified: September 5, 2026Source: Justia Law

Summary

Because Tennessee prohibits marijuana sale and distribution, no recreational or full medical dispensaries may legally operate, and municipalities cannot authorize dispensary land uses through zoning.

It is an offense for a defendant to knowingly: (1) Manufacture a controlled substance; (2) Deliver a controlled substance; (3) Sell a controlled substance; or (4) Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance.

Full Breakdown

Tenn. Code Ann. Section 39-17-417 criminalizes the sale and delivery of marijuana, and Tennessee has not enacted a regulated dispensary licensing program. The limited medical cannabis oil framework in Tenn. Code 39-17-402 permits only low-THC products dispensed through narrow channels, not retail dispensaries. Municipal zoning cannot authorize dispensary operations because the underlying activity remains a state and federal crime. Hemp-derived products containing less than 0.3 percent Delta-9 THC fall under Alcoholic Beverage Commission licensing (Tenn. Code Title 57, Chapter 7, effective January 1, 2026) and are regulated separately.

Violations & Penalties

Operating an unlicensed marijuana dispensary constitutes felony manufacture and sale, exposing operators to multi-year prison sentences and asset forfeiture.

Frequently Asked Questions

Can a Tennessee city license a marijuana dispensary?
No, marijuana sales remain a felony under state law, and municipal zoning cannot authorize a use that violates state criminal statutes governing controlled substances.
Are CBD or hemp shops legal in Tennessee?
Yes, hemp-derived products with less than 0.3 percent Delta-9 THC are regulated under Tennessee's hemp program in Title 43, Chapter 27, and may be sold through licensed retailers.

Sources

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