Controlled Substances

Plain English Breakdown

The bill summary and text do not provide specific details on how cities and counties will decide if they want to make their own rules about marijuana possession in public places.

Decriminalizing Small Amounts of Marijuana

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

What This Bill Does

• Makes it not a crime for someone to possess less than one ounce (28.35 grams) of marijuana or five or fewer plants.
• Allows people to give away small amounts of marijuana without getting paid in money or cards that can be used like money, as long as the amount is no more than one-tenth of an ounce (2.835 grams).
• Changes the law so selling or distributing less than one ounce of marijuana becomes a crime.
• Gives cities and counties permission to make rules about having marijuana in public places and sets fines for breaking these rules.

Who It Names or Affects

• People who have small amounts of marijuana or grow a few plants
• Cities and counties that want to set their own rules about marijuana possession

Terms To Know

Casually exchange

The spontaneous passing of a small amount of marijuana without receiving money or something that can be exchanged for money.

Civil penalty

A fine given by the city or county for breaking certain rules, not by going to court.

Limits and Unknowns

• The bill does not specify what will happen after July 1, 2025.
• It is unclear how cities and counties will decide if they want to make their own rules about marijuana possession in public places.

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

HOUSE BILL 981
By Miller

SENATE BILL 923
By Campbell

SB0923
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.