A Brief Summary of the 2025 Drug Law Changes
The 2025 amendments to the Tennessee Drug Laws codify in Tenn. Code Ann. § 46-1-213 changes made to the law by Public Chapter 470 in 2021, Public Chapter 722 in 2022, and Public Chapter 380 in 2023. Public Chapter 722 is the most significant of these changes. Overall, Public Chapter 722 increases the penalties for many drug offenses, establishes a new class of aggravated felony drug offenses for certain possession and sales crimes, and makes the most common felony drug crimes—possession with intent and sale or distribution—Class C felonies unless the amount of drugs involved is unusually large. The 2025 amendments do not apply to convictions obtained prior to the effective date of the amendments (unless the offense was committed after July 1, 2024). The 2025 amendments also apply to any juvenile adjudications or transfers to criminal court that occur after January 1, 2025.
Possession with Intent (Class B or C Felony). Under Public Chapter 722, the amount of a controlled substance determines whether possession with intent to deliver is a Class B or Class C felony. In particular, possession with intent is a Class C felony if the controlled substance involved is any of the following: If the controlled substance is any other Schedule I, II, or III substance (of any weight or amount), possession with intent is a Class B felony.
Possession with Intent (Class D or E Felony). If a defendant has a prior conviction for possession with intent under Tenn. Code Ann. § 39-17-417, possession is a Class E felony, regardless of the amount involved . Otherwise, the amount determines whether possession with intent is a Class D or Class E felony:
Distribution (Class B or C Felony). Under Public Chapter 722, the allowable weight and amount of a controlled substance determine whether distribution is a Class B or Class C felony. In particular, distribution is a Class C felony if the controlled substance involved is any of the following: If the controlled substance is any other Schedule I, II, or III substance (of any weight or amount), distribution is a Class B felony.
Distribution (Class D or E Felony). If a defendant has a prior conviction for distribution under Tenn. Code Ann. § 39-17-417, distribution is a Class E felony, regardless of the amount involved. Otherwise, the amount determines whether distribution is a Class D or Class E felony:
Aggravated Drug Felony. Public Chapter 722 creates a new class of aggravated felony drug offense if the defendant has a prior conviction for a felony-level drug offense in Tennessee or in another state. An aggravated felony drug offense is a Class B felony if the offense involves a controlled substance for which any of the following are true:
Otherwise aggravated felony drug offenses are a Class C felony. A conviction for an aggravated drug felony is subject to the same enhancement of the applicable maximum sentence based on prior convictions as repeat convictions of aggravated assault, aggravated robbery, or aggravated burglary under Tenn. Code Ann. § 40-35-106.
Classification of Controlled Substances in the 2025 Reform
As a result of legislation signed into law in the last General Assembly, Tennessee now divides its controlled substances into the following categories:
Class A- High Potential for Abuse- highest penalty for possible possession and transfer of drugs in addition to all other drug laws.
Class B- Potential for Abuse- second highest penalty for possible possession and transfer of drugs in addition to all other drug laws.
Class C- Low potential for Abuse- these drugs could be caught by laws prohibiting Possession of a Regulated Substance.
Class D- Less potential for abuse
Class E- Marijuana and THC in various forms
Class W- Cannabidiol
Class A- includes drugs such as Methamphetamine, Morphine, Heroin, Fentanyl, Methadone, Oxycodone analogs, and PCP. If you are charged with possession, if plead down, you might have a penalty of 180 days in jail and a $2,500 fine. If convicted, the Jail or Prison term is 4 years at 30% to serve. Possible Plea bargain sentences are 180 days in Jail or Prison; 90 days on community correction (RIP), and 75 days to serve.
Class B- Drugs in this category likely have a 30 % to serve time, and require a criminal charge filed against you.
Class C- includes such drugs as steroids, Phenmetrazine, Tylenol 3, Phendimetrazine, and Ambien. Potential penalties include taking Treatment Court, Rehabilitation in the form of Probation, and Pre-trial diversion.
Class D- Drugs In this category include such drugs as Darvon and Talwin. Treatment Courts, Pre-trial diversion, Criminal Court, and Adult Court are all potential consequences of having a drug charge against you.
Class E- The simple possession of marijuana could get you charged with a Class E drug offense. A person caught in possession of marijuana could be arrested, fined, and go through Drug Court.
Class W- This is just a new name for Cannabidiol or CBD. There is no psychoactive or inebriating properties to this product, and in its natural form, it has been seen to prevent or slow down the growth of malignant tumors in laboratory settings.
New Penalties and Enforcement Mechanisms
With the revised legal framework in place, the 2025 laws introduce stricter penalties and enforcement methods for drug-related offenses within Tennessee. The severity of these penalties will depend on the type of drug and other variables such as quantity and intent to distribute. The new guidelines emphasize harsher sentences for repeat offenders and large-scale trafficking operations. Law enforcement agencies are directed to prioritize community-oriented policing strategies for drug-related crimes. This includes increased funding and support for local task forces that work to combat drug trafficking and abuse at the community level. The accountability and transparency provisions require agencies to maintain detailed records of all investigations and arrests in order to track effectiveness and identify areas for future improvements. The new laws also reaffirm the importance of drug treatment and rehabilitation as an integral part of the response to drug-related crimes. Law enforcement officers now have the authority to direct first-time, non-violent drug offenders towards diversion programs and treatment services, choosing treatment over prosecution in certain instances. In addition to prioritizing treatment, the new enforcement measures call for a shift towards a more collaborative approach among law enforcement, healthcare providers, and social service organizations. Police departments are now encouraged to partner with these community stakeholders to develop programs aimed not only at punitive measures for offenders but also at preventative strategies to reduce drug abuse in the first place. The Tennessee Department of Health is also granted new powers to play an active role in the enforcement of drug-related statutes. This includes cross-agency coordination efforts aimed at better public health outcomes. For instance, healthcare professionals now have new reporting requirements for overdoses and other drug-related hospital admissions, which are then shared with law enforcement to help identify and shut down illegal drug operations. The 2025 laws close many loopholes that previously allowed for reduced sentences or alternative punishments for those involved in the manufacturing, distribution, and sale of illegal narcotics. As a result, those caught violating the law now face clearly defined penalties in accordance with specific aggravating and mitigating factors.
Impact on Medical and Recreational Use
Impact on Medical and Recreational Use in Tennessee
The legal landscape surrounding medical and recreational use of drugs in Tennessee underwent a major transformation in early 2025. Previously, only CBD (cannabidiol) was permitted, used primarily for medicinal purposes under limited conditions. However, the new legislation expanded the list of permitted drugs and introduced strict regulations to ensure public safety. For medical use, the law now allows cannabis-based products for individuals with qualifying medical conditions. Patients must register with the state health department, obtain a medical marijuana card, and receive their medicine from approved dispensaries. This move marked the formal acceptance of medical marijuana in Tennessee, making it accessible to those who genuinely need it for treatment. On the recreational front, while immediate legalization for all was not granted, the new law opened up avenues for decriminalization in small amounts for personal use. This means that possession of a small quantity of marijuana may result in a citation or other minor legal consequences rather than arrest. This is a significant shift from the previous year, when cannabis-related offenses could lead to severe penalties including imprisonment. The introduction of comprehensive regulations not only highlights the state’s commitment to a responsible approach but also seeks to prevent the potential abuse of drugs for non-medicinal purposes. Strict possession limits were established, and repeat offenders could face class A misdemeanor or felony charges, depending on the quantity. Furthermore, the 2025 laws prohibited activities such as distribution to minors, which were previously overlooked in the state’s drug policy. The impact of these new laws has been profound. Patients registered with the state have benefited from greater access to their prescribed medication. Recreational users, on the other hand, have found themselves navigating a complex new system that is looking to offer gradual shifts rather than complete upheavals. Moreover, regulations concerning the cultivation and sale of cannabis have been put in place to ensure public safety. New guidelines regulate where marijuana can be sold, including prohibitions in certain public spaces and locations near schools. Dispensaries were required to be licensed and inspected by the state before they could sell cannabis products. Despite these major changes, work is still ongoing to close various loopholes in the system. This is further complicated by the fact that drug dealers operated without any regulation beforehand and are now offering research chemicals and other "designer drugs" that have little if any testing. The state will continue to face challenges as it develops its new regulatory approach to drugs and addresses public safety concerns with organized drug crime.
Educational and Preventive Strategies
The 2025 Tennessee drug schedules include not only criminal repercussions and substance control measures but also educational and preventive initiatives aimed at curbing the use of drugs throughout the state, often in conjunction with different professional entities. Such education will, for instance, begin with medical professionals, as the government intends to host programs aimed at raising awareness of the new Tennessee drug laws for physicians and other members of the medical staff in hospitals and clinics. The hope is that doing so will instill a heightened sense of professional duty in the medical community, thereby helping prevent prescription drugs from falling into the wrong hands.
However, drug education and prevention programs are not limited to medical professionals. Under the new Tennessee drug laws , a number of community organizations are able to apply for grants in order to deliver educational programs throughout the community while also receiving funding through private donations. Many of these programs are funded in part through recovered assets that have been seized from drug dealers in the past.
The Tennessee Department of Health will also become active in these efforts, as is required through Tennessee drug law. In addition to establishing a committee to help monitor the problem of drug abuse, the Department of Health will also:
School districts may apply for funds to incorporate drug education initiatives into their programs, and the Department of Education will offer aid in the development and implementation of these programs. As such, schools can help begin the fight against drug abuse at the middle and high school level, providing students with instruction over the health and social consequences of drug abuse.
Implications for Residents and Entrepreneurs
Despite this, industry-specific regulations are subject to the same standard of review as any other government rule. Tennessee businesses in the production, distribution, and sale of controlled substances cannot afford to ignore the specific requirements imposed on them.
Preemption of Local Laws
Increased enforcement efforts by state and federal law enforcement ensure that the pharmacy industry can expect a continued focus from lawmakers and regulators. As such, even local laws may present significant hurdles for pharmacies. In addition to the above state laws and regulations, Drug Enforcement Administration ("DEA") regulations and state regulations impose additional duties on pharmacies and other regulated business activities.
Section 1 of SB 1856 states that "no local law or ordinance shall restrict the distribution, dispensing, delivery or sale of prescription drugs or controlled substances more than is required by state or federal law." While the law does not define "local law" or "local ordinance", the import of this section is clear.
Section 1 of SB 1856 is a real game changer for Tennessee’s pharmacy, drug wholesaler, pharmacy distributor or pharmacy manufacture. This is because any company operating a pharmacy, distribution center, retailer, or manufacturer that distributes, sells, or dispenses prescription opioid drugs could be subject to local regulation at the County and Municipal Levels. Given some of these local restrictions it could render any company’s attempt to continue to operate in a particular area impossible, will we see an influx of companies seeking to move their operations into more business-friendly areas? Which will mean Judges across the State are going to be very busy.
The ordinance restrictions of Section 1 of SB 1856 are not applicable to regulations specifically directed at "businesses engaged in the illegal sales of prescription and controlled drugs." However, it is unclear whether this exception applies when there has been a finding of no probable cause for the investigation of a particular business.
Comparative Insights with the Laws of Other States
Tennessee’s new Drug Law will be similar to those of its surrounding neighbors in many ways. For example, like Alabama and Kentucky, Tennessee’s drug schedules place many drugs into categories based on their potential for abuse and level of medical benefit. For example, most drugs are categorized into a schedule I-V based on their potential for abuse. State law enforcement officers and prosecutors in Tennessee will have many of the same tools as they do in Alabama and Kentucky, but unlike Tennessee, both Alabama and Kentucky have separate misdemeanor and felony drug schedules both of which carry prescribing-related offenses and penalties.
Currently federal law places most controlled substances into 6 categories, more formally referred to as schedules . (1,2,3,4,5,6) The things considered for each schedule include the drug or substance’s medicinal value and its potential for abuse. In Tennessee, Alabama, and Kentucky, the same holds true for drug analysis classifying them on their medicinal value and the states’ desire to limit or control dangerous ones. However, Mississippi and Georgia are unique in their structures as they treat substance analysis a bit differently from all of the other states. Georgia has a single drug schedule that’s been categorized as all types of schedules combined. Mississippi, however, doesn’t technically have a system that classifies drugs and has largely chosen to use the Feds system for our state. Georgia’s single drug schedule law is similar to what Tennessee had before the Tennessee Drug Law changes for 2025.