No. Here's what that actually means.
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The Short Answer
Marijuana is illegal in Memphis, Tennessee, and under federal law. That is the answer to all three questions. No recreational marijuana. No medical marijuana. No decriminalization that the police actually honor.
The Memphis City Council passed an ordinance decriminalizing simple possession of marijuana. The Memphis Police Department does not honor it. That ordinance has as much legal weight as the paper it is printed on.
That said — not all marijuana situations are created equal. Smoking in your house is very different from smoking in your car. And smoking in your car is very different from selling. Here is how it actually breaks down.
Where You Smoke Matters
You can smoke weed in your home and not worry about police kicking down your door. It is still a crime. But as a practical matter, you are not going to have MPD storming the castle over marijuana being smoked in a private residence. The risk is low. The law has not changed — you just are not the priority.
You can smoke on your porch and not expect MPD to come after you for it. It is still a crime. Do not be surprised if a neighbor calls and an officer shows up and tells you to take it inside. But you are not going to jail for smoking a joint on your front porch in Memphis. Probably.
This is where it gets serious. Driving under the influence of marijuana is a DUI in Tennessee under TCA § 55-10-401. Full stop. If you are operating a motor vehicle while impaired by marijuana, you can be arrested, charged, and convicted of DUI — the same charge as drunk driving, with the same consequences. You are also putting other people on the road at risk.
And it does not stop there. If your raw marijuana is strong enough that the smell is detectable from outside the vehicle, that gives an officer both reasonable suspicion to pull you over and probable cause to search the car. Probable cause is subjective — but if you are hotboxing your Honda on Summer Avenue, you are not giving an officer much to argue about.
Possession vs. Selling
Simple possession of marijuana is a Class A misdemeanor for a first offense in Tennessee — up to 11 months and 29 days in jail and a $2,500 fine. Not good. But it is a misdemeanor.
Selling marijuana is a felony. The specific charge and sentencing range depend on the amount involved, but delivery or sale of a controlled substance is prosecuted as a felony in Tennessee. That means a conviction on your permanent record, potential prison time, and collateral consequences that follow you for the rest of your life.
Buying marijuana is not necessarily a felony — but it is still a crime. Do not assume that being the buyer protects you.
Your Attorney
William Young · Of Counsel · DUI & Criminal Defense
Attorney William Young handles DUI cases and criminal defense across Memphis and West Tennessee. If you have been charged with marijuana DUI, possession, or a related offense, call for a free consultation.
Common Questions
No. Marijuana is illegal in Memphis, Tennessee, and at the federal level. The Memphis City Council passed an ordinance decriminalizing simple possession, but the Memphis Police Department does not honor it. That ordinance has as much legal weight as the paper it is printed on.
No. Marijuana is illegal under Tennessee state law. Simple possession is a Class A misdemeanor for a first offense — up to 11 months and 29 days in jail and a $2,500 fine. Tennessee has not legalized recreational or medical marijuana.
No. Medical marijuana is not legal in Tennessee or at the federal level.
Probably not. You can smoke on your porch and not expect MPD to storm the castle. It is still a crime — but as a practical matter, smoking marijuana on your private property is a very different situation from smoking in your car.
Yes. Driving under the influence of marijuana is a DUI in Tennessee under TCA § 55-10-401. If you are operating a motor vehicle while impaired by marijuana, you can be arrested, charged, and convicted of DUI — same as drunk driving, same consequences.
Yes. The smell of marijuana can give an officer both reasonable suspicion to conduct a stop and probable cause to search the vehicle. Probable cause is subjective — but if your raw marijuana is detectable from outside the vehicle, an officer has articulable grounds to pull you over and search the car.
Yes. Selling marijuana is a felony. The charge and sentencing range depend on the amount involved. Buying marijuana is not necessarily a felony but is still a crime.
Simple possession is a Class A misdemeanor for a first offense — up to 11 months and 29 days and a $2,500 fine. If you are caught with marijuana in your car you may face additional charges. Call an attorney before you say anything to police.
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