Tennessee’s Marijuana Advertising Laws

The landscape of cannabis laws in the United States is evolving rapidly, and Tennessee is no exception. While the state maintains strict regulations on marijuana use, the conversation around legalization and advertising is heating up. For businesses navigating this complex space, understanding Tennessee’s marijuana advertising laws is crucial—especially as neighboring states loosen restrictions.

The Current Legal Status of Marijuana in Tennessee

Before diving into advertising laws, it’s essential to grasp Tennessee’s stance on marijuana itself.

Is Marijuana Legal in Tennessee?

As of 2024, Tennessee remains one of the few states where recreational marijuana is entirely illegal. Medicinal use is also highly restricted, with only low-THC CBD oil (containing less than 0.9% THC) permitted for patients with qualifying conditions like epilepsy.

How Does This Compare to Other States?

While Tennessee holds a conservative position, nearby states like Virginia and Illinois have fully legalized recreational cannabis. This disparity creates challenges—and opportunities—for businesses operating near state borders.

Tennessee’s Advertising Restrictions for Cannabis Products

Given the state’s strict laws, advertising marijuana-related products comes with significant limitations.

Prohibited Advertising Practices

Tennessee law explicitly bans any form of advertising that promotes the use of illegal substances, including recreational marijuana. This includes:
- Digital ads (social media, search engines)
- Billboards and print media
- Radio and TV commercials

Even CBD businesses must tread carefully, ensuring their marketing doesn’t imply any psychoactive effects.

What Can You Advertise?

Businesses selling legal hemp-derived products (like CBD) can advertise, but with strict guidelines:
- No health claims without FDA approval
- No targeting minors (e.g., cartoon mascots, candy-like packaging)
- Clear disclaimers stating the product’s legal status

The Gray Area: Delta-8 and Hemp-Derived Products

One of the biggest challenges in Tennessee’s cannabis advertising landscape is the rise of hemp-derived cannabinoids like Delta-8 THC.

Is Delta-8 Legal?

Thanks to the 2018 Farm Bill, hemp-derived products containing less than 0.3% Delta-9 THC are federally legal—but Tennessee has imposed additional restrictions. In 2023, the state banned the sale of Delta-8 to minors, and some local jurisdictions have moved to prohibit it entirely.

Advertising Delta-8: A Risky Move

While some businesses still market Delta-8, the legal uncertainty makes it a risky venture. Misleading claims or aggressive advertising could lead to fines or legal action.

How Businesses Are Adapting

Despite the restrictions, savvy entrepreneurs are finding ways to operate within the law.

Focusing on Education Over Promotion

Many CBD and hemp companies in Tennessee avoid direct sales pitches, instead positioning themselves as educators. Blog posts, podcasts, and community events help build trust without violating advertising laws.

Leveraging Influencer Marketing (Carefully)

Some brands collaborate with influencers to discuss CBD benefits—but they must avoid making unverified medical claims. Transparency is key.

The Border Effect: Marketing to Neighboring States

Businesses near state lines often target customers in more cannabis-friendly regions. For example, a CBD company in Memphis might run ads in Arkansas, where laws are more relaxed.

The Future of Marijuana Advertising in Tennessee

With public opinion shifting, could Tennessee’s advertising laws change soon?

Potential Legalization Efforts

While full recreational legalization seems unlikely in the short term, expanded medical marijuana laws could open new advertising avenues. A 2024 bill proposing a medical cannabis program gained traction but ultimately stalled—indicating gradual progress.

Federal vs. State Conflicts

If the federal government reschedules marijuana (e.g., moving it from Schedule I to Schedule III), Tennessee may face pressure to adjust its advertising regulations.

What Businesses Should Watch For

• New legislation (track bills related to hemp and cannabis)
• Enforcement trends (are regulators cracking down on Delta-8 ads?)
• Consumer demand (will Tennesseans push for more access?)

Key Takeaways for Marketers

Navigating Tennessee’s marijuana advertising laws requires caution, creativity, and constant vigilance. Whether you’re selling CBD, Delta-8, or preparing for potential legalization, staying informed is your best strategy.

For now, the golden rule is simple: When in doubt, consult a legal expert. The risks of non-compliance far outweigh the rewards of aggressive marketing.