Tennessee Senate Bill SB1104

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Failed: 2/28/23

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 Tennessee Medical Cannabis Act will fundamentally change how cannabis is treated under state law, allowing for its legal cultivation, use, and distribution. The bill preemptively regulates all aspects of the medical cannabis industry from seed to sale, which includes mandates for product testing, labeling requirements, and record-keeping for accountability. Local governments can still impose bans within their jurisdictions through a two-thirds vote, but they cannot set broader restrictions than those established by the state. The act hopes to decrease the illegal cannabis market while providing safety through rigorous regulations.

Summary

Senate Bill 1104, known as the Tennessee Medical Cannabis Act, aims to establish a regulated framework for the access, cultivation, distribution, and sale of medical cannabis for patients with qualifying medical conditions. This bill recognizes the growing movement across states to legalize medical cannabis as it seeks to provide low-cost public health options and reduce opioid addiction. Under this act, a specialized commission is set to govern the medical cannabis industry, ensuring that products meet safety standards and that patients have legal access to therapeutic cannabis solutions.

Contention

While there is considerable support for the bill, particularly among patients and advocates for medical cannabis use, it is not without its opponents. Some legislators and advocacy groups have raised concerns over how quickly the framework is being implemented and the potential implications for local governance. They argue that the bill might expedite the cannabis market in ways that do not allow for adequate oversight, thus impacting public safety. Additionally, the specific tax structure and allocation of funds generated by the medical cannabis tax, as well as local jurisdictions' authority to ban cannabis within their limits, have been points of contention among different stakeholders.