Can you get arrested for possession of Delta 9 in Tennessee?

On Behalf of | Sep 14, 2023 | Drug Charges |

Tennessee is not known for being progressive with its drug laws. While here in Memphis, marijuana possession has been decriminalized to an extent, elsewhere in the state you can face felony charges for possession of more than a half-ounce of marijuana. 

But there is one loophole that is still open to those who enjoy the use of cannabis or who find relief from its usage.

The Farm Bill legalized Delta 9 sales and use in Tennessee

Back in 2018, the Farm Bill was signed into law. This allowed the production and sale of hemp and products derived from it. As a result, Tennessee legislators then passed Senate Bill 357, which de-scheduled hemp and its compounds. These laws opened the door for the legal sale of both Delta 8 and Delta 9 to adult consumers.

But that doesn’t mean you couldn’t still face arrest

It doesn’t seem fair that you could still be arrested for a product that you legally bought to use. But it remains a real possibility under the otherwise restrictive current prohibition against marijuana. Unless your Delta 8 or 9 products are in an unopened package that clearly states what they are, the police could mistake your legal hemp product for an illegal marijuana gummy or other edible. 

Sadly, the police often use an “arrest now, prove it later” model when dealing with suspected drug possession. In a case such as this, while you may eventually be vindicated in court, the arrest itself can be life-altering and have long-lasting repercussions.

It is always prudent to learn your rights under the law when facing prosecution for any type of illegal (or even legal) drugs.


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