Can you get a DUI in Tennessee for marijuana?

What Tennessee Law Says About Marijuana and Driving

Under Tennessee Code Annotated § 55-10-401, it is illegal to operate a motor vehicle while under the influence of:

• Any intoxicant
  
• Marijuana
  
• Controlled substance
  
• Drug or combination of substances that impairs your ability to drive safely.
  

There is no legal limit for THC in Tennessee — unlike alcohol’s .08% BAC.
If an officer believes marijuana is impairing your ability to drive, you can be arrested and charged with DUI.

Important: Tennessee does not recognize out-of-state medical marijuana cards as a defense against DUI charges.

Can You Get a DUI for Marijuana in Tennessee?

Yes. You can be charged with DUI if marijuana impairs your ability to operate a vehicle — regardless of:

• Whether you have a medical marijuana card
  
• Whether marijuana is legal in another state
  
• Whether you “felt fine to drive”
  

The law focuses on impairment, not just the presence of THC in your system.

How Much Marijuana Can You Consume and Still Drive?

There is no “safe” or legal limit for marijuana use and driving in Tennessee.

Unlike alcohol, Tennessee law does not establish a THC threshold — even small amounts can result in a DUI arrest if they affect your mental or physical faculties.

Bottom line: If you use marijuana, do not drive.
Effects vary from person to person, and officers are trained to recognize signs of impairment even if blood tests are inconclusive.

How Long Should You Wait After Using Marijuana to Drive?

There is no universally safe waiting period.

Factors that influence impairment include:

• How it was consumed (smoked, vaped, edible)
  
• Dosage and potency
  
• Your personal metabolism
  
• Frequency of use
  

Some studies show impairment can last up to 24 hours after use — particularly for edibles or chronic users.Rule of thumb: If you used marijuana that day, do not drive.

How Do Police Test for Marijuana DUI in Tennessee?

Tennessee law enforcement uses multiple methods to detect marijuana impairment:

Field Sobriety Tests (FSTs):

• Walk-and-Turn
  
• One-Leg Stand
  
• Horizontal Gaze Nystagmus (HGN)
  

Drug Recognition Experts (DREs):

• Specially trained officers conduct advanced assessments.
  

Blood Tests:

• Preferred over urine, as blood better indicates recent use.
  
• Officers may obtain a search warrant for your blood.

Do You Have to Consent to a Blood Test?

Tennessee’s Implied Consent Law (§ 55-10-406) says that by driving on public roads, you have already consented to chemical testing if lawfully arrested for DUI.

Refusing a test can result in:

• An Implied Consent violation
  
• Automatic driver’s license suspension (even without a DUI conviction)
  
• Additional penalties
  

Strategic Tip: Many defense attorneys advise politely refusing blood tests — because if no warrant is obtained, prosecutors may have less evidence against you. However, officers can and often do obtain search warrants.

What Are the Penalties for Marijuana DUI in Tennessee?

A marijuana DUI conviction carries the same penalties as an alcohol DUI:

Penalty	First Offense
Mandatory Jail	48 hours minimum
License Suspension	1 year
Fines & Court Costs	Varies by case
Probation	Likely
Mandatory DUI Classes	Yes
Ignition Interlock Device	Often required

Repeat offenses carry much harsher penalties.

Can You Be Charged If You Used Marijuana the Day Before?

Yes. If active THC is still present and an officer observes impairment — even hours or a full day later — you can be charged with DUI.Tennessee law requires only that your ability to drive is adversely affected, not that you are “stoned.”

Is Marijuana Legal to Possess in Tennessee?

No.

• Recreational marijuana is illegal in Tennessee.
  
• Even small amounts can lead to possession charges, fines, and jail.
  

Medical marijuana is very limited in scope — and does not protect you from DUI charges.

What Should You Do If You’re Facing a Marijuana DUI in Tennessee?

Do NOT admit to using marijuana, anything you say will be used against you.
Politely decline searches or tests without legal advice (where appropriate).
Hire an experienced Tennessee DUI lawyer immediately.

Why Choose Nash Law, PLLC?

At Nash Law, PLLC, we’ve helped hundreds of clients fight marijuana DUI charges across Tennessee. We know how these cases are built — and how to take them apart.

We Help Great People Fight Their DUI Charges©️ — and we’re ready to fight for you.

Call 615-NASH-LAW today for your free Strategy Session. We’ll explain your options and help you decide the smartest path forward.