Tennessee House Bill HB1441

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 2/2/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 4; Title 38, Chapter 3; Title 39, Chapter 17; Title 43; Title 50; Title 53; Title 63; Title 67 and Title 68, relative to the "Tennessee Medical Cannabis Act."

Impact

The bill represents a significant shift in Tennessee's approach to cannabis, amending numerous sections of the Tennessee Code Annotated to facilitate the development of a regulated medical cannabis industry. Key elements include the establishment of a Medical Cannabis Commission to oversee the implementation and enforcement of the act, the creation of patient and caregiver registration systems, and rigorous standards for the cultivation and manufacturing processes. By generating a regulated market for medical cannabis, the act aims to reduce opioid dependence and provide patients with alternatives for managing chronic conditions.

Summary

House Bill 1441, known as the 'Tennessee Medical Cannabis Act', aims to establish a comprehensive legal framework for the cultivation, distribution, and use of medical cannabis within the state. The bill is intended to provide regulated access to medical cannabis for patients diagnosed with qualifying medical conditions while promoting agricultural business that supports cannabis production. It recognizes the growing trend among states to legalize medical cannabis under their Tenth Amendment rights, reflecting a shift in public opinion toward acceptance of cannabis use for therapeutic purposes.

Contention

Opposition to HB1441 likely revolves around concerns surrounding public safety, local control, and social implications of legal cannabis. Some local governments may resist the bill's preemption of local authority to ban cannabis operations, which they might view as an infringement on community autonomy. Additionally, the bill sets conditions for prohibiting cannabis sales in certain scenarios, such as to pregnant individuals, which could ignite debates about freedom of choice versus public health. The legislation seeks to find a balance between regulation and market access, which may lead to ongoing discussions in future legislative sessions.