Controlled Substances

Plain English Breakdown

The bill summary and text do not provide specific details on penalties for selling marijuana under one ounce, only that it remains illegal. The candidate statement was narrowed to reflect this ambiguity.

Decriminalizing Small Amounts of Marijuana

This bill changes Tennessee laws to make it legal for people to have small amounts of marijuana and sets rules for how cities and counties can handle these situations.

What This Bill Does

• Makes it not a crime for someone to own less than one ounce (28.35 grams) of marijuana or five or fewer plants.
• Allows people to exchange small amounts of marijuana without money, up to one-tenth of an ounce (2.835 grams), without breaking the law.
• Changes the rules so that selling any amount of marijuana less than one ounce is now a crime.
• Gives cities and counties the power to make their own rules about fines for having or exchanging small amounts of marijuana in public places.

Who It Names or Affects

• People who have, exchange, or sell small amounts of marijuana
• Cities and counties that want to create local laws about marijuana possession

Terms To Know

Casually Exchange

Passing a small amount of marijuana without money or other items that can be exchanged for goods.

Civil Penalty

A fine given by local laws, not criminal charges.

Limits and Unknowns

• The bill does not specify what happens if someone has more than one ounce of marijuana or more than five plants.
• It is unclear how cities and counties will decide to use their new powers to make rules about fines for public possession or exchange of small amounts of marijuana.

Official Summary Text

Present law provides that certain offenses constitute simple possession or casual exchange. However, this bill provides that it is not an offense
for a person to possess in an amount less than one ounce (28.35 grams
) or possess five or fewer marijuana plants. It is also not an offense for a person to casually exchange a small amount of marijuana not in excess of one-tenth of one ounce (2.835 grams).

"Casually exchange" means the spontaneous passing of a small amoun
t of marijuana that does not involve, in exchange for the marijuana, the payment of money or a gift card, debit card, credit card, or any other card, coupon, or token that is capable of being exchanged for money, merchandise, or goods
.

Present law provi
des that it is an offense for a person
to distribute a small amount of marijuana not in excess of one-half

ounce (14.175 grams).
This bill removes this provision and provides, instead, that it is an offense for a person to sell or distribute marijuana in
an amount less than one ounce
(2.835 grams)
.

MUNICIPALITY AND COUNTY ORDINANCE

This bill authorizes a
municipality, including a county with a metropolitan form of government,
to
establish by ordinance that a person who, in a public place, possesses or
casually exchanges an amount of marijuana described
above
or who possesses five or fewer marijuana plants that are not concealed from public view commits a violation that is subject to a civil penalty not to exceed $250 to be calculated at $25 per one-ten
th of one

ounce (2.835 grams) and $50

per plant.

This bill authorizes a county, by
resolution of its county legislative body
, to
establish that a person who, in a public place that is not within the corporate boundaries of a municipality, possesses or ca
sually exchanges an amount of marijuana described
above
or who possesses five or fewer marijuana plants that are not concealed from public view commits a violation that is subject to a civil penalty not to exceed $250 to be calculated at $25 per one-tenth
of one ounce (2.835 grams) and $50

per plant.

CONTROLLED SUBSTANCE PENALTIES

Present law provides that a person who knowingly (i) manufactures a controlled substance, (ii) delivers a controlled substance, (iii) sells a controlled substance, or (iv) poss
esses a controlled substance with intent to manufacture, deliver, or sell the controlled substance, with respect to
a Schedule VI controlled substance classified as marijuana containing not less than one-half

ounce (14.175 grams) nor more than 10 lbs (4535
grams) of marijuana
commits
a Class E felony and, in addition, may be fined not more than $5,000.
This bill increases the amount of marijuana for this offense to one ounce (
28.35 grams).

Current Bill Text

SENATE BILL 923
By Campbell

HOUSE BILL 981
By Miller

HB0981
003136
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 16,
Chapter 18, Part 3; Title 39, Chapter 17, Part 4
and Title 40, relative to marijuana.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-418(a), is amended by
redesignating the existing language as subdivision (a)(1) and adding the following as a new
subdivision (a)(2):
(A) Notwithstanding subdivision (a)(1), it is not an offense for a person to
possess in an amount less than one (1) ounce (28.35 grams) or possess five (5) or
fewer marijuana plants. It is also not an offense for a person to casually exchange a
small amount of marijuana not in excess of one-tenth of one (0.1) ounce (2.835 grams).
(B) As used in this subdivision (a)(2):
(i) "Casually exchange" means the spontaneous passing of a small
amount of marijuana that does not involve, in exchange for the marijuana, the
payment of money or a gift card, debit card, credit card, or any other card,
coupon, or token that is capable of being exchanged for money, merchandise, or
goods; and
(ii) "Marijuana" means marijuana in the form of a plant and does not
mean marijuana in any other form, including, but not limited to, a resin,
compound, derivative, concentrate, or oil.
(C) Notwithstanding subdivision (a)(2)(A), a municipality, including a county with
a metropolitan form of government, may establish by ordinance that a person who, in a
public place, possesses or casually exchanges an amount of marijuana described in

- 2 - 003136

subdivision (a)(2)(A) or who possesses five (5) or fewer marijuana plants that are not
concealed from public view commits a violation that is subject to a civil penalty not to
exceed two hundred fifty dollars ($250) to be calculated at twenty-five dollars ($25.00)
per one-tenth of one (0.1) ounce (2.835 grams) and fifty dollars ($50.00) per plant.
(D) Notwithstanding subdivision (a)(2)(A), a county by resolution of its county
legislative body may establish that a person who, in a public place that is not within the
corporate boundaries of a municipality, possesses or casually exchanges an amount of
marijuana described in subdivision (a)(2)(A) or who possesses five (5) or fewer
marijuana plants that are not concealed from public view commits a violation that is
subject to a civil penalty not to exceed two hundred fifty dollars ($250) to be calculated at
twenty-five dollars ($25.00) per one-tenth of one (0.1) ounce (2.835 grams) and fifty
dollars ($50.00) per plant.
SECTION 2. Tennessee Code Annotated, Section 39-17-418, is amended by deleting
subsection (b) and substituting:
(b) It is an offense for a person to sell or distribute marijuana in an amount less
than one (1) ounce (28.35 grams).
SECTION 3. Tennessee Code Annotated, Section 39-17-418(d), is amended by deleting
the language "A violation of subsections (a) or (b)" and substituting the language "A violation of
subdivision (a)(1) or subsection (b)".
SECTION 4. Tennessee Code Annotated, Section 39-17-417(g)(1), is amended by
deleting the language "one-half (½) ounce (14.175 grams)" and substituting the language "one
(1) ounce (28.35 grams)".
SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it.