Tennessee.

Information provided is current as of January 7, 2026, and companies are encouraged to consult with legal counsel on these types of complex matters.

Tennessee - State Specific Information

Tennessee maintains some of the strictest cannabis laws in the United States, making it essential for employers and residents to understand the current legal landscape. As of January 2026, both medical and recreational marijuana remain largely prohibited, with only limited exceptions for high-CBD products. This comprehensive guide breaks down everything you need to know about Tennessee's cannabis regulations, recent legislative changes, and employer drug testing requirements.

Current Cannabis Legal Status in Tennessee

Unlike many states that have embraced cannabis reform, Tennessee continues to classify marijuana as a Schedule I controlled substance. This classification places cannabis alongside drugs considered to have high potential for abuse and no accepted medical use under state law.

Medical Cannabis

Tennessee does not have a comprehensive medical marijuana program. The state offers extremely limited protections for patients who possess high-CBD/low-THC oil containing up to 0.9% THC. However, it's crucial to understand that these protections come with significant limitations:

• There is no state-sanctioned dispensary system
• Patients cannot legally purchase medical cannabis products within Tennessee
• The legal protections apply only to specific qualifying conditions
• Possession of the qualifying oil provides a legal defense, not a right to purchase or cultivate

Recreational Cannabis

Recreational marijuana use remains completely illegal in Tennessee. The penalties for possession are significant:

• Possession of half-ounce or less: Class A misdemeanor
• Potential penalty: Up to one year in jail
• Additional consequences: Criminal record, potential employment impacts, and loss of certain civil rights

Major Hemp Law Changes: Public Chapter 526

One of the most significant developments in Tennessee's cannabis-adjacent laws came through Public Chapter 526 (HB 1376), which represented a sweeping overhaul of hemp regulations. This legislation addressed growing concerns about intoxicating hemp-derived products that had proliferated throughout the state.

Key Provisions of the New Hemp Law

The legislation introduced several critical changes:

THCA Flower Ban: The sale of THCA flower is now prohibited. THCA (tetrahydrocannabinolic acid) converts to THC when heated, meaning these products could produce intoxicating effects similar to traditional marijuana.

Synthetic Cannabinoid Restrictions: The law bans synthetic cannabinoids, addressing concerns about laboratory-created compounds with unpredictable effects.

THC Caps: Most intoxicating hemp products are now strictly capped at 0.3% total THC, closing loopholes that previously allowed higher-potency products to be sold legally.

Regulatory Transfer: All hemp-derived cannabinoids—including popular products containing Delta-8 and Delta-10 THC—now fall under the jurisdiction of the Tennessee Alcoholic Beverage Commission (TABC).

State Regulatory Framework

Tennessee Alcoholic Beverage Commission (TABC)

The TABC now serves as the primary regulatory body for all hemp-derived cannabinoid products in Tennessee. This consolidation of oversight aims to provide more consistent enforcement and clearer guidelines for businesses operating in the hemp space.

Employers and businesses should note that as of the current reporting period, no specific state forms have been designated for hemp-related compliance matters. Companies involved in hemp product sales or distribution should consult directly with the TABC for the most current requirements.

Employer Drug Testing in Tennessee

Tennessee's employment laws provide significant latitude for employers regarding drug testing, making it one of the more employer-friendly states in this regard.

Employment-at-Will Doctrine

Tennessee operates under the employment-at-will doctrine, meaning employers can generally terminate employees for any reason not prohibited by law. This doctrine extends to drug testing policies, giving employers substantial authority over workplace substance regulations.

Tennessee Drug-Free Workplace Act

Under this act, employers maintain broad rights regarding drug testing:

• Pre-employment testing: Employers may test job applicants
• Random testing: Current employees may be subject to random drug screens
• Reasonable suspicion testing: Employers can test based on observed behavior
• Post-accident testing: Testing following workplace incidents is permitted

Zero-Tolerance Policies

Because all forms of marijuana remain illegal in Tennessee, employers may enforce strict zero-tolerance policies. A critical point for employees to understand: a positive test for THC is considered a violation of workplace policy, regardless of whether the employee claims the substance was "legal hemp."

This means that even if an employee consumed a product they believed to be legal under Tennessee's hemp laws, a positive THC result can still result in adverse employment action.

Documentation Best Practices

Experts emphasize that establishing robust documentation is a key risk mitigant for employers in Tennessee. This includes:

• Clear written drug testing policies
• Consistent application of policies across all employees
• Proper chain of custody for all testing samples
• Thorough record-keeping of all testing procedures and results

Safety-Sensitive Positions

Under Tennessee Code Annotated § 50-9-101, employers participating in the state's voluntary Drug-Free Workplace Program face specific requirements regarding safety-sensitive positions.

Testing Requirements

Employers in this program must test employees in safety-sensitive roles, which typically include positions where impairment could result in:

• Physical harm to the employee or others
• Significant property damage
• Security breaches
• Public safety concerns

Privacy Protections and Employee Rights

While Tennessee law favors employer discretion in drug testing, certain employee protections exist:

Written Policy Requirements

Employers must provide a written drug testing policy before conducting tests. This policy should clearly outline:

• When testing will occur
• What substances are tested
• Consequences of positive results
• Appeal or retest procedures

Confidentiality Standards

Test results must remain confidential, with access limited to those with a legitimate need to know.

Consequences of Positive Tests

Employees who test positive face several potential consequences beyond termination:

• Unemployment benefits: Generally disqualified from receiving benefits
• Workers' compensation: Benefits may be denied if drugs contributed to a workplace injury

Recommendations for Employers and Employees

For Employers

1. Maintain clear, written drug testing policies
2. Apply policies consistently across all employees
3. Stay informed about changes to hemp and cannabis regulations
4. Consult with legal counsel on complex matters
5. Document all testing procedures thoroughly

For Employees

1. Understand your employer's drug testing policy
2. Recognize that hemp-derived products may cause positive THC results
3. Be aware of the employment consequences of positive tests
4. Know your rights regarding confidentiality and written notice

Looking Ahead

Tennessee's cannabis laws remain among the most restrictive in the nation, and recent hemp legislation has further tightened regulations on THC-containing products. Employers and employees alike should stay informed about potential legislative changes and consult with legal professionals when navigating these complex regulatory waters.