The Tennessee legislature introduces the Cannabis Legalization Act

Two Democratic lawmakers in Tennessee introduced legislation this week to legalize both medical and adult-use cannabis in the state. The bill, known as the Free All Cannabis for Tennesseans Act (HB0085), was introduced Tuesday in the House of Representatives by Bob Freeman, supported by Democratic Senator Heidi Campbell.

“This law will support medicinal and recreational use of cannabis, as many other states already have recreational use,” Campbell said in a statement, quoted by local media.

Bill legalizes possession of up to 60 grams of weed

If passed, the law would legalize the possession, use and transportation of up to 60 grams of marijuana or up to 15 grams of cannabis concentrates for adults 21 and older. The measure also legalizes the home cultivation of up to 12 cannabis plants by adults in a safe place at home. Under the bill, parents and guardians would also be able to administer medicinal cannabis products to their underage children with a doctor’s approval.

“It’s a complete legalization of cannabis statewide,” Freeman noted in a statement last month.

The bill also legalizes commercial cannabis activity and mandates the Tennessee Department of Agriculture to draft regulations governing the cultivation, processing and sale of cannabis and cannabis products in the state. The measure notes that more than three dozen states have legalized marijuana in some form, and that Tennessee should follow suit “to remain competitive nationally and globally in the burgeoning cannabis industry.” Lawmakers also note that legal cannabis is readily available in five states that border Tennessee.

“If people can drive across the border to Indiana to get cannabis, then it doesn’t make sense that we in Tennessee would miss out on that economic advantage,” Campbell said.

Tennessee still bans all marijuana

Tennessee is one of the few states yet to have legislation legalizing marijuana, even for medical purposes. Freeman said legalizing recreational marijuana would put an end to disproportionate enforcement of laws prohibiting cannabis possession and use.

“If you live in an affluent part of the state and an affluent community in our city and are caught using some cannabis for personal use, the odds that you’ll get a slap on the wrist and nothing happens are pretty high” , he said last month. If you live in a poorer area and get caught with cannabis, you go to jail.”

Legal pot available in neighboring states

Three states bordering Tennessee — Arkansas, Mississippi, and Alabama — have legalized medical marijuana, while neighboring states of Missouri and Virginia have legalized both medical and adult-use cannabis. Proponents of legalization argue that Tennessee is losing tax revenue from the money residents in neighboring states spend on cannabis.

“Let’s not kid ourselves that people don’t cross the border and get cannabis from other states. Of course they are,” Campbell said. “So that’s just revenue that we’re missing out on.”

Tennessee Democrats support legalization

Freeman and Campbell’s proposal has the support of other Democratic lawmakers in the Tennessee legislature. John Ray Clemmons, leader of the House Democratic Caucus, praised the bill last month after they announced their plan to introduce the law.

“Legalization of cannabis in Tennessee is long overdue. For too long, much of the TN-GOP got in the way,” Clemmons wrote in a tweet. “Let’s do it in 2023!”

Previous attempts to legalize marijuana in Tennessee have met fierce opposition from Republican lawmakers, who enjoy solid majorities in both the Senate and House of Representatives. Republican Senator Richard Briggs said he opposes both medical marijuana and adult-use cannabis, noting that federal law has already legalized CBD statewide.

“I’m not all for recreational marijuana at all, and I have a lot of concerns about medical marijuana until we know more about it,” Briggs said. “I don’t think it should be widely available. And at least at this point, until something changes.”

Despite opposition from Republicans, Freeman rates the likelihood of the Tennessee Legislature legalizing marijuana this year as a “solid 7.7.5” on a scale of one to 10. Campbell, however, was far less optimistic.

“Pretty low — I won’t give you a number,” she said, “but I have no illusions that we’ll pass this session.”

But Campbell added that introducing the legislation is still important to moving the conversation about reforming cannabis policy forward.

“We ran it in the last session and I think it’s important to run it so we keep the issue alive and the messaging going,” she said. “Obviously that’s going to happen eventually, so we’re just going to knock on that door until someone opens it.”