Compilation of Cannabis-related bills from the 2020 TN Legislative Session

These bills, as proposed, cover a wide range of cannabis-related issues. None of them made much progress toward becoming law.

1) SB 2441 by Kyle /  HB 2741 by Miller

Criminal Offenses - As introduced, creates an exception to the offense of simple possession of marijuana for persons with a valid, state-issued medical marijuana identification card who obtained the marijuana pursuant to a valid physician's recommendation.

06/09/2020  Senate: Action deferred in Senate Judiciary Committee to 12/1/2020

05/27/2020  House: Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee 

2) SB 2334 by Dickerson    HB 2454 by Terry

Health, Dept. of - As introduced, requests the department and its division of health related boards to perform a study on the licensure and regulation of cannabis for medical use by departments of health and medical professional licensing boards in states contiguous to Tennessee and report findings to the general assembly's health committees by December 15, 2020.

03/11/2020  Senate: Recommended for passage with amendment/s, refer to Senate Government Operations Committee Ayes 6, Nays 3 PNV 0

06/09/2020  House:  Returned to the Clerk's Desk                  

3) SB 1898 by Robinson / HB 1610 by Staples

Controlled Substances - As introduced, authorizes counties to hold referendum elections to authorize the growing, processing, manufacture, delivery, and retail sale of marijuana within jurisdictional boundaries; decriminalizes the possession of small amounts of marijuana statewide.

01/30/2020  Senate: Passed on Second Consideration, refer to Senate Judiciary Committee

05/27/2020  House: Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee

4) SB 1848 by Akbari / HB 2804 by Chism

Controlled Substances - As introduced, requires a court to grant judicial diversion for possession of less than one ounce of marijuana, regardless of a defendant's prior criminal convictions.

01/29/2020  Senate: Passed on Second Consideration, refer to Senate Judiciary Committee

05/27/2020  House: Failed in s/c Criminal Justice Subcommittee of Judiciary Committee

5) SB 1850 by Akbari / HB 2034 by Love

Controlled Substances - As introduced, reduces, from a Class A misdemeanor to a Class C misdemeanor, the offenses of knowing possession, casual exchange, and distribution of small amounts of marijuana; establishes early release eligibility for nonviolent offenders convicted of Class A misdemeanor marijuana offense.

01/29/2020 Senate: Passed on Second Consideration, refer to Senate Judiciary Committee

05/27/2020 House: Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee 

6) SB 1849 by Akbari / HB 2389 by Camper

As introduced, authorizes the retail sale of marijuana; levies a 12 percent tax on the retail sale of marijuana

06/09/2020 Senate: Action deferred in Senate Judiciary Committee to 12/1/2020

02/11/2020 House: Assigned to s/c Criminal Justice Subcommittee 

7) SB 1720 by Kyle / HB 2423by Beck

As introduced, declares that a person who holds a valid medical marijuana patient identification card issued by another state does not commit an offense in this state if the person possesses marijuana not in excess of one-half ounce.

01/23/2020 Senate: Passed on Second Consideration, refer to Senate Judiciary Committee

02/11/2020 House: Assigned to s/c Criminal Justice Subcommittee

8)  SB 2613 by Robinson  / HB 2850 by Parkinson  

As introduced, increases the amount of marijuana possessed or exchanged under the offenses of simple possession or casual exchange from less than one-half ounce to less than one ounce; prohibits the inference of purpose of selling or otherwise dispensing solely from the simple possession or casual exchange of less than one ounce of marijuana.

02/10/2020  Senate: Passed on Second Consideration, refer to Senate Judiciary Committee

05/27/2020  House: Taken off notice for cal in s/c Criminal Justice Subcommittee of Judiciary Committee           

9) SB 0486 by Bowling / HB 0637 by Travis

Controlled Substances - As introduced, enacts the "Tennessee Medical Cannabis Act."

03/17/2020 Senate: Action deferred in Senate Judiciary Committee  

02/13/2019 House: Assigned to s/c Mental Health & Substance Abuse Subcommittee                      

Update on Bowling / Travis Tennessee Medical Cannabis Act

The March 12 episode of GRAND DIVISIONS, The Tennessean Politics Podcast, features an in-depth interview with Dan Pabon, Board member of the Tennessee Medical Cannabis Trade Association.

The subject: 2019’s Tennessee Medical Cannabis Act, sponsored by Senator Janice Bowling and Representative Ron Travis. Click the track below to hear the interview. Or click here for the entire episode of “Grand Divisions, A Tennessean Politics Podcast.

Bowling, Travis To Introduce Leading Medical Cannabis Bill

NASHVILLE – State Sen. Janice Bowling (R-Tullahoma) and Rep. Ron Travis (R-Dayton) today announced they will introduce comprehensive legislation to regulate access to medical cannabis.

The proposal would allow qualified patients to obtain medical cards if they are diagnosed with specific medical conditions and purchase products from companies that are licensed by Tennessee and owned by Tennesseans to cultivate, process and dispense cannabis.

Medical cannabis sales in the U.S. last year alone exceeded $3.5 billion, and the industry is rapidly expanding. Since 1973 when the first state voted to de-criminalize cannabis, 33 states have approved medical cannabis programs, including recent approvals in Oklahoma, Utah, Missouri and Pennsylvania. Roughly two-thirds of Americans have access to medical programs.

No state has repealed a medical program.

“I have been in the fight against opioids and pill mills. Opioids have become a tragedy for Tennesseans,” Bowling said. “Our constituents can use a natural and effective option for pain relief that is not controlled or pushed by Big Pharma. When I see medical studies showing that states with medical cannabis programs had an average 23 percent drop in opioid prescription use and overdoses, I see a real option we can use.”

The Bowling-Travis bill is substantially different from other legislation proposed in previous years.

“I wanted a new bill that is Tennessee-specific and takes the best of what worked in other states and leaves out what did not. This bill delivers what I wanted,” Bowling added. “The legislature has not yet had that kind of bill to consider. The Bowling-Travis bill creates a fully functioning framework to license growing, producing and dispensing operations.”

The Tennessee Medical Cannabis Trade Association (TMCTA) endorses the Bowling-Travis bill.

The Bowling-Travis bill will be introduced formally within the next few weeks. Some key elements of the bill are:

• A ‘FastTrack’ licensing system with statutory deadlines to kick off the process of incentivizing Tennessee residents and experienced companies to choose either a rural based operation with a dispensary or an urban one;

• Establishing a self-funding commission responsible for regulating both patient access and the industry licensed to provided products for patients;

• Allowing residents to obtain a medical card as long as they have been diagnosed with a condition on the approved list. The card allows them to purchase legally; and

• Thoughtful regulatory controls on how cannabis products can be represented to the public, where and how the products can be sold and used, and prohibitions on conflicts of interests.

“As I learn about the different medical cannabis products available in other states, I am concerned that in Tennessee, a person can’t find relief for their children’s or any other family member’s medical condition, such as epileptic seizures or cancer. The number of people we could help could be astounding,” Travis said. “I look forward to working with Senator Bowling, the Senate sponsor, to do our due-diligence on this very important bill. It is of the utmost importance for Tennessee to stay at the forefront of serving our citizens, new industry and technology.”

“This bill represents a careful look at what the other states have struggled with so we could focus on the successes and avoid repeating any failures.” TMCTA executive director Glenn Anderson said. “We look forward to working with the legislature to pass a bill that provides the relief patients need.”

Polling across Tennessee during the last two years has shown that 80 percent of Tennesseans support access to medical cannabis. In November, Missouri enacted access to medical cannabis by a 2-1 margin by a public ballot referendum.

Legalization efforts are also moving ahead in Georgia, South Carolina and Mississippi. Arkansas and Florida have already enacted legalization laws.

The TMCTA is the leading group of business entrepreneurs, researchers and patient advocates in support of providing Tennesseans regulated access to Tennessee-grown medical cannabis.

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Vanderbilt Law Professor Robert Mikos discusses the latest marijuana law news

We are again very fortunate to have a chat with Vanderbilt Law Professor Robert Mikos to discuss his thoughts on the latest developments in marijuana law. To learn more about Professor Mikos’ groundbreaking book, MARIJUANA LAW, POLICY, AND AUTHORITY, click here Our thanks to Vanderbilt Law Professor Beverly Moran, who conducted this interview on September 28, 2018.

Analysis of the recent policy actions at the Federal level

We are extremely fortunate to have a leading international expert on cannabis law right here in Tennessee. Robert Mikos is a professor at Vanderbilt Law School and here is his analysis of the recent activity by US Attorney General Jeff Sessions in regard to federal cannabis policy. https://goo.gl/P5mZHW. Well worth reading, for a level-headed, objective commentary on what is going on.

Continuing Education Class for Nurses

Tennessee Research Institute proudly presents, for the first time in this state, an accredited Continuing Education class for Nurses on this subject: “The Endocannabinoid System and Medical Cannabis: What Nurses Need to Know.” Date: Saturday, Oct. 14 in Nashville If you know any nurses who are supportive of medical cannabis, please send them this link to the registration page: http://patientsoutoftime.org/…/nashville-oct-2017-medical-…/

Marijuana Law Expert Rob Mikos speaks with Tennessee Research Institute

We are very fortunate to have a foremost expert in the field of marijuana law right here at Vanderbilt Law School. Dr. Robert Mikos has just published a first-of-its-kind law textbook, "Marijuana Law, Policy, and Authority." Tennessee Research Institute proudly presents this wide-ranging interview about the book and his views on where marijuana law is headed. https://goo.gl/sAuUGa

Police arrest more people for marijuana use than for all violent crimes — combined

"Defenders of harsh penalties for drug possession say they are necessary to deter people from using drugs and to protect public health. But despite the tough-on-crime push that led to the surge in arrests in recent decades, illicit drug use today is more common among Americans age 12 and older than it was in the early 1980s. Federal figures show no correlation between drug-possession arrests and rates of drug use during that time." Read more here.

Man on a mission

Now that the election is over, there is great anticipation for the upcoming TN General Assembly session in mid-January. We can say for sure that there will be a medical cannabis bill before both houses of the legislature. 

There could not be a stronger advocate for medical cannabis than Rep. Jeremy Faison. He recently took a fact-finding trip to Colorado. There he met with law enforcement officers, medical professionals, and Tennesseans who re-located to CO for safe, legal access to medical cannabis.  All of this has deeply strengthened his belief in the value of medical cannabis.

Rep. Faison documented his travels with a series of videos on his Facebook page. What he has created is a powerful resource demonstrating the reality of families, veterans, patients of all ages - all Tennesseans whose lives have been impacted by the fact that medical cannabis has not been available in their home state.

Here is one of the most powerful videos from this series https://goo.gl/3ntpkd. In it, Rep. Faison visits with a nurse who has seen the remarkable benefits to patients using medical cannabis. There are 8 more videos in this series https://goo.gl/rnCN7k on Jeremy's Facebook page. Highly recommended for educating yourself and others about this issue.

TRI Radio Interview

TRI Board member Allison Barker Watson and Liz Graves were interviewed on WJZM radio Clarksville, TN, "Joe Padula Show. Allison is a former TN Assistant District Attorney, and Liz just moved to Knoxville from Boulder, CO, where she was the top administrator for marijuana licensing. Listen to their insightful commentary on the current state of cannabis law both in TN and nationally: https://soundcloud.com/user-493202546/tennessee-research-institute-radio-interview

The Medical Marijuana Mess - An Excellent Essay by Dr. John Hudak

Dr. John Hudak is a senior fellow in Governance Studies and deputy director of the Center for Effective Public Management for the The Brookings Institution. His research examines questions of presidential power in the contexts of administration, personnel, and public policy. Additionally, he focuses on campaigns and elections, bureaucratic process, and legislative-executive interaction.  He was recently a featured speaker at the Tennessee Medical Cannabis Symposium hosted by Tennessee Research Institute at Vanderbilt Law School.

http://www.brookings.edu/research/essays/2016/the-medical-marijuana-mess

A Very Informative Video

Distinguished MD, Uma Dhanabalan answers many questions about medical cannabis, based on her medical practice. Tennessee Research Institute is in the process of arranging for Dr. Uma to visit our state to meet with fellow MDs. Stay tuned for updates on that.

TV News coverage of TRI Symposium at Vanderbilt Law School

WSMV Channel 4 News Nashville - coverage of Tennessee Research Institute symposium at Vanderbilt on 2/18.http://goo.gl/sZbhna

TV news coverage of TRI Symposium

Thursday's Tennessee Medical Cannabis Symposium was a big success! WKRN News 2, ABC's Nashville affiliate had this report: http://goo.gl/UGHAHI

TN legislator pushing for medicinal marijuana use for PTSD

Tennessee state representative Jeremy Faison recently helped pass legislation legalizing the use of CBD oil for those with conditions like epilepsy, but he wants to broaden its reach to many others, including veterans with PTSD. Rep. Faison is a strong proponent for medical marijuana and industrial hemp. He will be active in the current legislative session advocating for the reform of cannabis laws. Read more here.

Tennessee must get with the times on medical marijuana

An excellent Op-Ed piece by David Hairston, Chairman of the Board of Safe Access Tennessee

"And right now is the time for state lawmakers to put Tennessee citizens first and take up the issue of legalization of medical cannabis in the upcoming session and not cause their neighbors throughout the state additional suffering."  Read the whole article here.

A Doctor’s Case for Medical Marijuana

From NPR: A year and a half ago, Dr. David Casarett did not take medical marijuana very seriously. "When I first started this project, I really thought of medical marijuana as a joke," he tells Fresh Air's Terry Gross.

But then the palliative care specialist began to look seriously into the issue, and his mind began to change: "I've come to realize there really are medical benefits to medical marijuana. ... For many of the patients I spoke with, medical marijuana is not a joke. It's not funny. It's a treatment that they've come to rely on." Full story here.

The case for marijuana legalization just got stronger

America's high school students are using drugs and alcohol at or near the lowest levels on record, according to federal data released Wednesday.

America’s high school students are using drugs and alcohol at or near the lowest levels on record, according to federal data released Wednesday.

See entire Washington Post article here.

Ending the U.S. government’s war on medical marijuana research

Of all the controlled substances that the federal government regulates, cannabis is treated in unique ways that impede research.

From the Brooking’s article: In “Ending the U.S. government’s war on medical marijuana research,” authors John Hudak and Grace Wallack argue that it is time for the federal government to recognize the serious public policy risks born from limited medical, public health, and pharmaceutical research into cannabis and its use. As medical marijuana becomes increasingly accessible in state-regulated, legal markets, and as others self-medicate in jurisdictions that do not allow the medical use of cannabis, it is increasingly important that the scientific community conduct research on this substance. However, statutory, regulatory, bureaucratic, and cultural barriers have paralyzed science and threatened the integrity of research freedom in this area.

Read the whole article and research here.