Penalty Details

Marijuana is a Schedule VI drug in TN.500,000200,000

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Possession

Possession of a half ounce of marijuana or less is a misdemeanor punishable by up to one year in jail and maximum fine of $2,500. A $250 fine is required for all first time convictions. A subsequent offense brings a $500 mandatory minimum fine.

Gov. Bill Haslam signed HB 1478 into law, which will eliminate the provision that makes a third conviction for possession of marijuana a felony. The law took effect on July 1, 2016. This change will reduce the penalty for third-time possession from between one and six years of incarceration to less than one year in jail. In addition, having a misdemeanor rather than a felony record will reduce the collateral consequences associated with the conviction.

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Sale

The sale or possession with the intent to distribute between a half ounce of marijuana and 10 pounds is a Class E felony punishable with between 1-6 years of incarceration and a fine of no more than $5,000.

The sale or possession with the intent to distribute between 10 pounds -70 pounds of marijuana is a Class D felony punishable with between 2-12 years of incarceration and a fine of no more than $50,000.

The sale or possession with the intent to distribute between 70-300 pounds of marijuana is a Class B felony punishable with between 8-30 years of incarceration and a fine of no more than $100,000.

The sale or possession with the intent to distribute more than 300 pounds of marijuana is a Class A felony punishable with between 15-60 years of incarceration and a fine of no more than $500,000.

A first-time felony conviction will receive a minimum fine of at least $2,000.

A second felony conviction will bring a minimum fine of at least $3,000. The third and all subsequent felony convictions will bring a fine of at least $5,000, and will be punished at one grade higher.

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Sale to a minor is a felony, which results in an increased penalty (determined by amount of marijuana present) by one sentencing grade.

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Sale to a minor within 1,000 ft. of a school is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.

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Cultivation

Cultivation of 10 plants or less is a Class E felony and can lead to incarceration of between 1 and 6 years, and will bring a maximum fine of $3,000.

Cultivation of between 10 and 19 plants is a Class D felony and can lead to incarceration of between 2 and 12 years, and will bring a maximum fine of $50,000.

Cultivation of between 20 and 99 plants is a Class C felony and can lead to incarceration of between 3 and 15 years, and will bring a maximum fine of $100,000.

Cultivation of between 100 and 499 plants is a Class B felony and can lead to incarceration of between 8 and 30 years, and will bring a maximum fine of $200,000.

Cultivation of 500 or more plants is a Class A felony and can lead to incarceration of between 15 and 60 years, and will bring a maximum fine of $500,000.

First-time felony convictions will receive a mandatory minimum fine of at least $2,000.

Second-time felony convictions will receive a mandatory minimum fine of at least $3,000.

Any repeat felony conviction after the second will receive a mandatory minimum fine of at least $5,000.

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Hash & Concentrates

Possession of hashish or concentrates is a crime. If the amount of hashish or concentrates is less than 14.75 grams the offense is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. A second or subsequent conviction is punishable as a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

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It is a crime to manufacture, deliver, sell, or possess hashish or concentrates. If the amount of hashish or concentrates is less than 2 pounds, the offense is a Class E felony punishable by a fine no greater than $5,000 and a term of imprisonment between 1-6 years.

If the amount of hashish or concentrates is greater than 2 pounds but less than 4 pounds, the offense is a Class D felony punishable by a fine no greater than $50,000 and a term of imprisonment between 1-12 years.

If the amount of hashish or concentrates is greater than 4 pounds but less than 8 pounds, the offense is a Class C felony punishable by a fine no greater than $100,000 and a term of imprisonment between 3-15 years.

If the amount of hashish or concentrates is greater than 8 pounds but less than 15 pounds, the offense is a Class B felony punishable by a fine no greater than $200,000 and a term of imprisonment between 8- 30 years.

If the amount of hashish or concentrates is greater than 15 pounds, the offense is a Class A felony punishable by a fine no greater than $500,000 and a term of imprisonment between 15-60 years.

If the offense occurred within 1,000 feet of a school, recreation center, public library, child day care facility, or park , the penalty is increased by one class, i.e. a Class D felony becomes a Class C felony, a Class B felony becomes a Class A felony, etc.

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Any device or equipment used to make or create hashish is considered drug paraphernalia. Using paraphernalia or possessing paraphernalia with the intent to use is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. Possessing or manufacturing with intent to deliver drug paraphernalia is a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

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Paraphernalia

Possession of paraphernalia is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine of between $150 and $2,500. For a second or subsequent violation, the mandatory minimum fine increases to $250.

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Sale of paraphernalia is a Class E felony, punishable with 1-6 years of incarceration and a maximum fine of $5,000.

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Miscellaneous

Falsification of Drug Tests

Falsifying a dug test is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine not to exceed $2,500.

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OffensePenaltyIncarceration  Max. Fine  
Possession
1/2 oz or less (first offense)Misdemeanor1 year250
1/2 oz or less (subsequent offense)Misdemeanor1 year500
Fines for possession are mandatory.
Sale
1/2 oz - 10 lbsFelony1 - 6 years5000
10 - 70 lbsFelony2 - 12 years50000
70 - 300 lbsFelony8 - 30 years10000
More than 300 lbsFelony15 - 60 years200000
Includes possession with intent to distribute.
Subsequent offense carries higher penalty.
Cultivation
10 plants or lessFelony1 - 6 years5000
10 - 19 plantsFelony2 - 12 years50000
20 - 99 plantsFelony3 - 15 years100000
100 - 499 plantsFelony8 - 30 years200000
More than 500 plantsFelony15 - 60 years500000
Subsequent offense carries higher penalty.
Hash & Concentrates
PossessionMisdemeanor11 months2500
Manufacture, deliver, or sell less than 2 lbsFelony6 years5000
Manufacture, deliver, or sell 2 - 4 lbsFelony12 years50000
Manufacture, deliver, or sell 4 - 8 lbsFelony15 years100000
Manufacture, deliver, or sell 8 - 15 lbsFelony30 years200000
Manufacture, deliver, or sell more than 15 lbsFelony60 years500000
Paraphernalia
Possession of paraphernaliaMisdemeanor1 year2500
Sale of paraphernaliaFelony1 - 6 years3000
Miscellaneous
Falsification of drug testsMisdemeanor1 year2500