Landlord ban authority, possession and home-grow limits, medical patient housing rules, and federal Section 8 restrictions in Tennessee.
Tennessee is one of the simpler states for this question, and the answer favors landlords. As of 2026, marijuana is illegal in Tennessee for both recreational and medical use. There is no dispensary system, no patient registry, and no state law that gives a tenant any right to possess, smoke, or grow cannabis in a rental unit. Multiple cannabis bills were introduced in the 2026 legislative session, but none advanced beyond subcommittee.
That means you are not navigating the landlord-versus-legalization conflict that owners face in states like Colorado or California. In Tennessee, marijuana use in your property is a crime for the tenant and a nuisance you can prohibit outright. The practical work is writing a lease that says so clearly and understanding why federally assisted housing is stricter still.
Tennessee is classified as Low-THC / CBD Only (effective 2014). The governing statute is Tenn. Code § 39-17-402 (HB 1164, 2014).
CBD ≤0.9% THC only for limited conditions. Recreational marijuana illegal; possession of ≤1/2 oz is misdemeanor.
Under Tenn. Code Ann. Sec. 39-17-402, marijuana means all parts of the cannabis plant, its seeds, resin, and derivatives. Possessing it is a crime. Simple possession under Tenn. Code Ann. Sec. 39-17-418 is a Class A misdemeanor carrying up to 11 months and 29 days in jail and a fine up to $2,500 for a first offense. Growing it is worse: cultivation or manufacture of any amount is a felony under Tenn. Code Ann. Sec. 39-17-417.
The only carve-out is a narrow one for cannabidiol (CBD) oil containing less than 0.9% THC, which Sec. 39-17-402 excludes from the definition of marijuana under specific conditions. This is not a functioning medical program. There are no licensed Tennessee dispensaries and no patient cards, so in practice it rarely creates any lawful in-unit use a landlord needs to accommodate.
Because marijuana is illegal statewide, Tennessee has no statute protecting a tenant's marijuana use and nothing limiting your authority to prohibit it. You may ban possession, use, smoking, and cultivation by lease, and you may treat a violation as a lease breach. There is no medical-user category to worry about, because Tennessee does not recognize one.
A common trap is relying on a generic no-smoking clause. A clause that only bans "smoking" or "tobacco" can leave a gap for edibles, vaping, or cultivation. Address marijuana by name. Because illegal-drug activity is also a criminal matter, you can pair a marijuana prohibition with a broader clause prohibiting any illegal activity on the premises, which strengthens your position in an eviction.
Put the prohibition in writing rather than relying on the drug being illegal. A defensible Tennessee clause typically does four things: (1) prohibits the possession, use, sale, and cultivation of marijuana and cannabis products anywhere on the premises; (2) prohibits smoking and vaping of any substance inside the unit to cover odor and secondhand-smoke damage; (3) states that any illegal activity is a material breach; and (4) makes the tenant responsible for guests.
Tennessee's residential tenancies are governed by the Uniform Residential Landlord and Tenant Act (URLTA), Tenn. Code Ann. Sec. 66-28-101 et seq., in counties above roughly 75,000 in population; smaller counties fall under common law and your lease terms. Either way, a specific, written clause is what an eviction ultimately rests on, so do not leave the term implied.
If you rent to Section 8 voucher holders or operate public housing, the federal floor is even less forgiving. Marijuana remains a Schedule I controlled substance under the federal Controlled Substances Act (21 U.S.C. Sec. 812), and HUD treats all marijuana use, including medical, as illegal drug use regardless of state law. Tennessee's ban and the federal rule point the same direction here.
Under 42 U.S.C. Sec. 13661, a public housing agency may deny admission or terminate assistance for drug-related activity, and a tenant evicted for drug-related criminal activity is generally barred from federally assisted housing for three years unless they complete an approved rehabilitation program. For assisted units, marijuana is not a gray area on either the state or federal side.
Enforcement usually turns on odor, damage, and complaints rather than a criminal conviction. You do not need the tenant to be arrested to enforce your lease; a documented breach of a written no-marijuana or no-illegal-activity clause is enough to begin the process. Keep dated records of complaints, odor observations, and any damage.
Follow the notice and eviction procedure that applies to your county, whether under URLTA or common law, and use the drug or illegal-activity provisions your lease contains. Because cultivation is a felony and creates real risk of moisture, electrical, and mold damage, treat any sign of a grow operation as an immediate, high-priority breach.
Medical cannabis patients in Tennessee may be treated identically to recreational users by landlords. There is no state-law anti-discrimination requirement; the federal Schedule I framework controls. Some local jurisdictions may have ordinances providing limited protection, check the city or county where the rental unit is located.
The practical impact: a tenant holding a Housing Choice Voucher who tests positive for cannabis or self-discloses use during recertification can lose their voucher in Tennessee, regardless of any state cannabis legalization or medical card status. This is the single most common point of confusion for tenants in adult-use states.
City-level landlord risk profiles often track cannabis-related lease enforcement. View the eviction-risk and tenant-law profile for the largest Tennessee rental markets:
This page reflects Tennessee law in effect as of 2026, including Tenn. Code Ann. Sec. 39-17-402, Sec. 39-17-417, and Sec. 39-17-418, the Uniform Residential Landlord and Tenant Act (Tenn. Code Ann. Sec. 66-28-101 et seq.), and the federal framework at 21 U.S.C. Sec. 812 and 42 U.S.C. Sec. 13661. Cannabis and hemp rules change frequently; confirm current statutes and consult a Tennessee landlord-tenant attorney before acting on a specific tenancy or eviction.
No. Marijuana is illegal in Tennessee for both recreational and medical use as of 2026. There is no dispensary system and no patient registry. The only narrow exception under Tenn. Code Ann. Sec. 39-17-402 is CBD oil containing less than 0.9% THC, which is not a functioning medical program.
Yes. Because marijuana is illegal statewide, no Tennessee law protects a tenant's use, and you may prohibit possession, use, smoking, and cultivation by lease. Name marijuana specifically rather than relying on a generic no-smoking clause.
Yes, and Tennessee already makes it a crime. Cultivation or manufacture of any amount of marijuana is a felony under Tenn. Code Ann. Sec. 39-17-417. A lease clause prohibiting cultivation lets you also treat a grow operation as a lease breach for eviction.
Simple possession under Tenn. Code Ann. Sec. 39-17-418 is a Class A misdemeanor, carrying up to 11 months and 29 days in jail and a fine up to $2,500 for a first offense.
They are stricter. HUD treats all marijuana, including medical, as illegal drug use regardless of state law. Under 42 U.S.C. Sec. 13661, a public housing agency can deny or terminate assistance for drug-related activity, and a tenant evicted for drug-related criminal activity is generally barred from federally assisted housing for three years absent an approved rehabilitation program.
Not reliably. A clause that only mentions smoking or tobacco can leave gaps for edibles, vaping, or cultivation. Reference marijuana and cannabis products by name and pair it with a clause prohibiting any illegal activity on the premises.
Federal authority: 21 U.S.C. § 812; HUD PIH 2014-21. State authority: Tenn. Code § 39-17-402 (HB 1164, 2014). Last updated August 15, 2026. For informational purposes only, not legal advice. Cannabis law is rapidly evolving and federal/state conflict creates significant compliance risk; consult a licensed Tennessee attorney before making a lease, screening, or eviction decision involving cannabis.
