Tennessee Senate Bill SB0923

Tennessee 2025-2026 Regular Session

• 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

SB0923 would substantially change Tennessee’s marijuana possession and low-level exchange laws. The bill creates a new exception making it not an offense to possess less than one ounce of marijuana, possess five or fewer marijuana plants, or casually exchange up to one-tenth of an ounce of marijuana, so long as the exchange is a spontaneous passing and does not involve money or other items of value. The bill defines “marijuana” for this purpose as the plant form only, excluding resin, concentrates, oils, and other derivatives. The bill also preserves local control in public settings. Municipalities, including metropolitan 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 a civil penalty rather than a criminal offense. Those local penalties could not exceed $250, with a schedule tied to the amount possessed and the number of plants. 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. In practical terms, the bill would decriminalize limited personal possession statewide while allowing local governments to regulate public use and visible plants through civil fines. It would also raise the threshold in a related drug-offense provision from one-half ounce to one ounce, aligning that section with the new possession limit. The bill amends Tennessee Code Annotated provisions in Titles 39 and 40 and takes effect July 1, 2025. Because there were no committee transcripts or recorded votes provided, there is no direct evidence of debate or formal support/opposition in the supplied materials. Based on the bill text alone, the measure appears to reflect a reform-oriented approach to marijuana policy, balancing reduced criminal penalties for small amounts with continued prohibition on sales and local authority to impose civil penalties in public spaces.

Impact

The bill would amend Tennessee’s criminal drug statutes to remove criminal liability for possession of under one ounce of marijuana, possession of up to five marijuana plants, and casual exchange of very small amounts, while preserving criminal penalties for sale or distribution. It would also modify related sentencing/penalty references and increase a separate marijuana threshold from one-half ounce to one ounce, affecting enforcement by law enforcement, prosecutors, municipalities, counties, and individuals possessing small amounts of marijuana.

Sentiment

No committee discussion or vote history was provided, so there is no recorded legislative sentiment in the supplied materials. The bill text suggests a reform-minded policy direction that reduces penalties for low-level marijuana possession while retaining restrictions on sales and allowing local governments to regulate public conduct through civil penalties.

Contention

The main policy tension in the bill is between statewide decriminalization of small-scale possession and the preservation of local authority to penalize public possession or visible plants. Another likely point of contention is the distinction between possession and distribution: the bill removes criminal penalties for possession under one ounce but keeps selling or distributing less than one ounce as an offense. The exclusion of marijuana concentrates, oils, and other non-plant forms from the new possession exception may also be a point of debate for advocates seeking broader legalization or opponents concerned about enforcement clarity.