Recent headlines have suggested marijuana could soon be reclassified under federal law, potentially moving from a Schedule I to a Schedule III drug. (Update: President Trump signed an executive order last Thursday to reclassify marijuana from a Schedule I to a Schedule III drug, allowing it to be lawfully prescribed as medication.)
That has raised understandable questions for Tennesseans: Does this mean marijuana would become legal? Would Tennessee be required to change its laws?
The short answer is no. Even if marijuana is reclassified federally, it would remain illegal in Tennessee.
To understand why, it helps to separate federal drug scheduling from state criminal law — two systems that operate alongside each other rather than on top of one another.
What reclassification actually means: Under the federal Controlled Substances Act, drugs are placed into schedules based on medical use and potential for abuse. Marijuana is currently classified as a Schedule I drug, meaning it is considered to have no accepted medical use at the federal level.
It is about research and regulation, not legalization. Moving marijuana to Schedule III would acknowledge some accepted medical use and, most importantly, make it easier for researchers to study it. That is the primary effect of reclassification. Schedule III substances are still controlled drugs. Possession and distribution remain illegal without proper authorization.
What reclassification does not do:
- Legalize recreational marijuana
- Automatically legalize medical marijuana nationwide
- Override state criminal laws
- Permit dispensaries in states where marijuana is illegal
Federal drug scheduling does not force states to change their criminal statutes. States retain broad authority to decide what is legal or illegal within their borders.
What this means for Tennessee: Tennessee law remains clear: marijuana is illegal under state law, regardless of how it is classified federally. Possession, sale, and distribution can still result in arrest and prosecution in Tennessee unless state lawmakers choose to change the law. A federal reclassification alone would not do that. Tennessee has taken a narrow approach, allowing limited hemp-derived products and tightly controlled research programs. That framework does not automatically expand because of federal administrative changes. In practical terms, a Tennessean could still face criminal charges for marijuana possession even if marijuana were moved to Schedule III at the federal level.
Why the distinction matters: This confusion is not unique to marijuana. Many areas of law — including firearms, alcohol, and gambling — operate under overlapping federal and state authority. States are free to be more restrictive than federal law. Reclassification may influence future policy debates, but legalization in Tennessee would require action by the General Assembly rather than by a federal agency.
The bottom line: A federal reclassification of marijuana would primarily affect researchers, not state criminal law.
Marijuana remains illegal in this state. Until Tennessee changes its statutes, regardless of how it is scheduled in Washington.
Headlines move quickly. Laws do not — and when it comes to criminal law, the details matter.
Det. Brandon Burley (Ret.), M.P.A., is a criminal justice educator whose academic work focuses on reducing recidivism through public policy. He has authored several criminal justice books and has been published in national law enforcement publications.
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