Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0981

Introduced
2/5/25  

Caption

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.

Summary

HB0981 would substantially change Tennessee’s marijuana possession and low-level exchange laws. The bill decriminalizes possession of less than one ounce of marijuana and possession of five or fewer marijuana plants, and it also makes it not an offense to casually exchange a very small amount of marijuana, defined as no more than one-tenth of an ounce, so long as the exchange does not involve money or comparable items of value. The bill defines “casually exchange” narrowly and limits the marijuana covered by this exception to marijuana in plant form, excluding resins, concentrates, oils, and other derivatives. The bill also preserves local control in public settings. Municipalities, including metro counties, and counties outside municipal boundaries could adopt ordinances or resolutions making public possession, public casual exchange, or visible possession of five or fewer plants subject to civil penalties rather than criminal punishment. Those penalties could not exceed $250 and would be calculated on a per-weight or per-plant basis. At the same time, the bill keeps the sale or distribution of less than one ounce of marijuana as a criminal offense and adjusts related penalty and threshold provisions in the criminal code to align with the new one-ounce standard. The act would take effect July 1, 2025. In terms of impact on state law, the bill would amend Tennessee’s criminal statutes governing marijuana possession, distribution, and related penalties, including provisions in Titles 39 and 40. It would raise the threshold for certain marijuana offenses from one-half ounce to one ounce, create a new non-offense category for small possession and casual exchange, and authorize local governments to impose civil penalties in public-place situations. It would also affect how courts and law enforcement classify low-level marijuana conduct, shifting some conduct from criminal enforcement to civil regulation. The overall sentiment reflected in the bill materials is limited because there are no committee transcripts or recorded votes included, but the bill’s structure suggests a reform-oriented approach to marijuana policy. The measure appears designed to reduce criminal penalties for minor possession and informal sharing while preserving enforcement against sales and allowing local governments to regulate public use or display. Because no discussion or vote history is provided, there is no documented support or opposition in the supplied materials. The main points of contention likely center on the scope of decriminalization, the allowance for casual exchange, and the degree of local discretion to impose civil penalties. Supporters would likely view the bill as a measured marijuana reform that reduces criminal justice involvement for low-level conduct, while opponents may object to loosening possession rules, permitting plant cultivation, or creating a patchwork of local civil enforcement standards.

Impact

HB0981 would amend Tennessee’s marijuana statutes to decriminalize possession of under one ounce of marijuana and possession of up to five plants, while keeping sales and distribution of less than one ounce criminal offenses. It would also authorize municipalities and counties to impose civil penalties for public possession, public casual exchange, or visible possession of small amounts or plants, and it would update related penalty thresholds in the criminal code to reflect the new one-ounce standard.

Sentiment

No committee transcripts or vote records are provided, so there is no direct evidence of legislative debate or recorded support/opposition in the supplied materials. Based on the text alone, the bill appears to reflect a reform-minded, harm-reduction approach to marijuana policy, balancing decriminalization of minor conduct with continued criminal penalties for distribution and local civil enforcement options.

Contention

Likely points of contention include whether Tennessee should decriminalize possession of less than one ounce, whether casual non-monetary exchange should be exempt from offense, and whether local governments should be allowed to impose civil penalties for public possession or visible plants. Supporters would likely emphasize reduced criminalization and local flexibility, while opponents may focus on public-use concerns, enforcement complexity, and the risk of broader marijuana normalization.

Companion Bills

TN SB0923

Crossfiled 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.

Previously Filed As

TN SB0923

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.

TN SB2486

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4; Title 40 and Title 43, relative to the "Freedom to Farm Act."

TN HB2479

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4; Title 40 and Title 43, relative to the "Freedom to Farm Act."

TN SB2095

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, relative to marijuana.

TN HB2062

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, relative to marijuana.

TN HB1148

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4 and Title 43, Chapter 27, relative to cannabis products.

TN SB1236

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4 and Title 43, Chapter 27, relative to cannabis products.

TN SB2417

AN ACT to amend Tennessee Code Annotated, Title 33; Title 39, Chapter 17, Part 4; Title 43 and Title 57, relative to Kratom.

TN HB2594

AN ACT to amend Tennessee Code Annotated, Title 33; Title 39, Chapter 17, Part 4; Title 43 and Title 57, relative to Kratom.

TN SB1233

AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5; Title 36; Title 37; Title 38; Title 39; Title 40 and Title 53, relative to criminal justice.

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OK HB2897

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OK HB2897

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