What Happens if You are Caught with THC Oil in Tennessee?

The laws surrounding CBD oils with THC are complex in Tennessee. If you are arrested for possession, you need a skilled Manchester criminal defense attorney to help.

The laws regarding marijuana usage are changing throughout the country, with more states now allowing the sale of CBD oils. Typically, these oils are made with hemp and contain trace amounts of THC, the main psychoactive ingredient found in marijuana. Marijuana has larger amounts of THC, which is what gives users the “high” feeling. While there has been some movement on allowing more CBD oils, the laws in Tennessee tend to follow the stricter federal laws in some instances. The amount of THC present in the oil can make a difference in whether you are arrested for possession, or worse.

Tennessee’s Low THC Laws

Currently, the law in Tennessee only allows for certain people who have been diagnosed with epilepsy to be in possession of CBD oils, and the oils must have no more than 0.9% of THC , which stands for tetrahydrocannabinol. They must have a doctor’s order, and there must be a diagnosis of epilepsy.

Complex legislation since 2014 has left many people confused on where the current law stands regarding oils. The Marijuana Policy Project has noted that even the small pool of eligible patients are not completely safe when it comes to protection under the laws. Despite the fact that federal law recognizes the medical value of THC, Tennessee’s laws largely ignore that fact.

Where some of the confusion lies is that while Tennessee allows for usage in certain circumstances by epilepsy sufferers, the legislation does not allow the oil to be manufactured in the state. This means someone would have to get it from a state where it is legal to produce. The problem here is whether or not the patient is opening him or herself up for criminal prosecution as there is conflicting legislation on bringing it over state lines. If it was not already confusing enough, CVS will start selling hemp-derived CBD products in eight states, one of which is Tennessee.

Cases Involving Arrests for THC Oil

In the case of one Knoxville dentist, Phill Hutcheson , having CBD oil with THC on him landed him on a list of drug smugglers when he attempted to pass through customs. The problem is that even when someone says there is no THC in it, there may be more than trace amounts that can get you into serious trouble. He was ordered to pay a fine, as the oil had about 0.5% THC, over the national legal limit of 0.3%. He is now registered on a national list of drug smugglers and, if he repeats his mistake, he is looking at a $5,000 fine and prison time.

Being Charged with a THC-Related Crime

The federal government still considers cannabis oil a Class I drug, which means a possession charge could open you up to state or federal charges. Possession of less than one-half of an ounce of marijuana can be a misdemeanor and carry a fine of up to $500 and a year in prison. If you are caught selling it, it is a felony with fines up to $200,000 and 60 years in prison.

Contact a Tennessee Criminal Defense Attorney

If you or a loved one was arrested due to possession of CBD oil that is believed to contain more than trace amounts of THC, you need to speak with aTennessee criminal defense attorney right away. AtBurch, Morrison, and Stewart, we have experience handling these types of cases. Contact our Manchester office today to schedule a consultation.