MEDICAL CANNABIS PATIENTS & CAREGIVERS
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Tennessee does not have a comprehensive or operational medical cannabis program. In 2024, the Hemp-Derived Cannabidiol Law (HB 403) was passed. With a legal recommendation, Tennessee allows for the use of hemp-derived CBD oil, containing not more than 0.90% THC. A separate provision under T.C.A. § 39-17-402 provides a limited possession defense for certain individuals who obtain cannabis oil containing less than 0.9% THC legally from another state. |
Medical cannabis may not be the best treatment choice for all patients. Learn more.
Tennessee does not have a comprehensive medical cannabis program, but a separate and narrowly defined provision under T.C.A. § 39-17-402 provides a limited possession defense for certain individuals who obtain cannabis oil with less than 0.9% THC legally from another state.
This provision is not a patient registration program. There are no ID cards, no enrollment process, and no in-state supply chain. It functions as a statutory exclusion from the definition of "marijuana" under Tennessee criminal law, meaning that qualifying individuals who meet all documentation requirements are not subject to prosecution for possession.
To qualify, a person must meet all of the following requirements:
- The oil must be labeled by the manufacturer as containing cannabidiol in an amount less than 0.9% THC, including the manufacturer's name, expiration date, batch or lot number, and THC concentration strength.
- The person must have proof of a legal order or recommendation from the out-of-state issuing state where the oil was purchased.
- The person or a family member must have a diagnosis of one of the qualifying conditions from a medical doctor or a doctor of osteopathic medicine licensed to practice in Tennessee.
Qualifying conditions include:
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Individuals who have the following medical conditions can possess CBD oil containing less than 0.9% of THC:
- Epilepsy or seizures
- Alzheimer's disease
- Amyotrophic lateral sclerosis (ALS)
- Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain
- Inflammatory bowel disease, including Crohn's disease and ulcerative colitis
- Multiple sclerosis
- Parkinson's disease
- Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS)
- Sickle cell disease or
- Quadriplegia
Note: Tennessee does not operate a dispensary system and does not provide a legal pathway to purchase or produce this oil within the state. Qualifying individuals must obtain the oil from a licensed dispensary in another state that has reciprocity provisions in its medical cannabis program and carry documentation of both the out-of-state order or recommendation and their Tennessee diagnosis when in possession of the oil.
As of January 1, 2026, retail sales of hemp-derived cannabinoid products are limited to establishments licensed by TABC and must occur in person at licensed locations. Retail locations can be found HERE.
Cannabis Product Safety:
Cannabis, in its natural form, is inherently safe for most patients, but it is especially susceptible to contaminants during cultivation, manufacturing, handling & even storing. Whether you are purchasing cannabis from regulated, grey, or illicit markets or cultivating your own cannabis, you should be aware of the contaminants commonly found in cannabis and the symptoms that accompany their presence.

Products sold in Tennessee retail locations must be tested for contaminants, pesticides, and adulterants based on these thresholds set by state regulators. For more information about cannabis safety, download ASA's "What’s in Your Cannabis? A Patient & Consumer Guide to Navigating Cannabis Safety."
It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Tennessee.
Tennessee does not have a medical cannabis patient program and does not have a reciprocity or visiting patient framework. For more information about traveling as a medical cannabis patient, check out our Travel Guide.
*UPDATE: AG ORDER NO. 6754-2026 CHANGED FEDERAL CANNABIS LAWS ON APRIL 28, 2026: Learn more here.
Federal cannabis laws affect far more than whether a patient can access medical cannabis. For decades, federal prohibition has limited protections for medical cannabis patients under laws such as the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). As a result, patients have often been denied the basic protections that people with other serious health conditions expect in employment, housing, healthcare, and access to federal programs.
Federal prohibition has also affected patients’ access to essential healthcare, housing, and financial support programs, sometimes forcing patients to choose between the medicine they need and the benefits they depend on. It has also created barriers to federal employment, healthcare autonomy, firearm ownership, and other aspects of daily life.
As federal and state cannabis laws change, implementation matters. Advocates must stay vigilant to ensure public agencies, private institutions, employers, housing providers, and healthcare systems update their policies in ways that respect patient rights and protect safe, legal access to medical cannabis.
It is important to stay active, engaged, and informed. Sign up to get ASA updates and learn more about ending patient discrimination.
Rights and protections for medical cannabis patients are evolving. In some cases, outdated policies may impact how patients are treated. In other cases, like those in the military, policy changes will have to come from Washington, DC. In the case of organ transplants, stigma still plays a role in medical cannabis patients having access to life-saving treatment, even if state laws ban discrimination. Please use the resources below to better understand patient rights and how to navigate these programs and services.
Medical cannabis may be legal in your state, but it is illegal to cross state lines, even if the bordering state also has a medical cannabis program. For more information about traveling as a medical cannabis patient, check out our Travel Guide.
Stigma and discrimination also make patients targets for law enforcement encounters. Keep in mind that the best law enforcement encounter is the one that never occurs! It's crucial for individuals involved in medical cannabis to understand not only medical cannabis laws and regulations but also their rights. Be Prepared. Know Your Rights!
| State laws frequently change; if you find information that is out of date, incorrect, or has a broken link, let us know! Email [email protected] |
Medical cannabis patients can find additional resources here.
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