Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0836 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 809
3	3	By Yarbro
4	4
5	5	HOUSE BILL 836
6	6	By Miller
7	7
8	8
9	9	HB0836
10	10	001050
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13	13	AN ACT to amend Tennessee Code Annotated, Title 4;
14	14	Title 29; Title 33; Title 38; Title 39; Title 40; Title
15	15	41; Title 43; Title 45; Title 50; Title 53; Title 63;
16	16	Title 67; Title 68 and Title 71, relative to cannabis.
17	17
18	18	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	19	SECTION 1. Tennessee Code Annotated, Title 43, is amended by adding the following
20	20	as a new chapter:
21	21	43-23-101. Short title.
22	22	This chapter is known and may be cited as the "Tennessee Cannabis Act."
23	23	43-23-102. Chapter definitions.
24	24	As used in this chapter:
25	25	(1) "Adult" means a natural person who is twenty-one (21) years of age or older;
26	26	(2) "Advertising":
27	27	(A) Means the act of providing consideration for the publication,
28	28	dissemination, solicitation, or circulation of visual, oral, or written communication
29	29	to induce, directly or indirectly, any person to patronize a particular marijuana
30	30	dispensary, or to purchase marijuana or marijuana products;
31	31	(B) Includes marketing and marketing materials; and
32	32	(C) Does not include product packaging or labeling;
33	33	(3) "Batch number" means a unique numeric or alphanumeric identifier assigned
34	34	prior to testing to allow for inventory tracking and traceability;
35	35	(4) "Cannabinoid":
36	36	(A) Means an active chemical compound that is found in cannabis; and
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41	41	(B) Includes, but is not limited to, delta-9 tetrahydrocannabinol (THC) and
42	42	cannabidiol (CBD);
43	43	(5) "Cannabis" means the plant species and subspecies of Cannabis sativa L.;
44	44	(6) "Child-resistant" means special packaging that is:
45	45	(A) Designed or constructed in accordance with 16 CFR Part 1700 to be
46	46	significantly difficult to open for children under five (5) years of age and not
47	47	difficult for normal adults to use properly;
48	48	(B) Opaque so that the outermost packaging does not allow the product
49	49	to be seen without opening the packaging material; and
50	50	(C) Resealable to maintain its child-resistant effectiveness for multiple
51	51	openings for any product intended for more than a single use or containing
52	52	multiple servings;
53	53	(7) "Clone" means a nonflowering plant cut from a mother plant that is capable
54	54	of developing into a new plant and has shown no signs of flowering;
55	55	(8) "Community facility" means:
56	56	(A) A licensed child care center, as defined in § 71-3-501;
57	57	(B) A public park;
58	58	(C) A public playground;
59	59	(D) A public swimming pool;
60	60	(E) A community center, the primary purpose of which is to provide
61	61	recreational opportunities or services to children; or
62	62	(F) A place of worship;
63	63	(9) "Completed application":
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68	68	(A) Means a document prepared in accordance with the requirements of
69	69	this chapter and rules promulgated by the department, and the forms and
70	70	instructions provided by the issuing department or agency; and
71	71	(B) Includes any required supporting documentation and the applicable
72	72	license application fee;
73	73	(10) "Cultivate" means to propagate, breed, grow, harvest, dry, cure, or separate
74	74	parts of the marijuana plant by manual or mechanical means;
75	75	(11) "Department" means the department of agriculture;
76	76	(12) "Disadvantaged business" has the same meaning as defined in § 4-26-102;
77	77	(13) "Dispense" means the selling of marijuana or marijuana products to an adult
78	78	consumer that is packaged in a suitable container appropriately labeled for subsequent
79	79	administration or use;
80	80	(14) "Edible marijuana product":
81	81	(A) Means a marijuana product that is intended to be ingested orally; and
82	82	(B) Includes, but is not limited to, food-based marijuana concentrate or
83	83	marijuana-infused food, drink, or pills;
84	84	(15) "Entity" means an individual, general partnership, limited partnership,
85	85	limited liability company, trust, estate, association, corporation, cooperative, or any other
86	86	legal or commercial organization;
87	87	(16) "Flowering" means the reproductive state of a marijuana plant in which
88	88	there are physical signs of flower or budding out of the nodes of the stem;
89	89	(17) "Food-based marijuana concentrate" means a marijuana concentrate that
90	90	was produced by extracting cannabinoids from marijuana through the use of propylene
91	91	glycol, glycerin, butter, olive oil, coconut oil, or other typical food-safe cooking fats;
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96	96	(18) "Good cause" for purposes of an initial, renewal, or reinstatement license
97	97	application, or for purposes of discipline of a licensee, means:
98	98	(A) The licensee or applicant has violated, does not meet, or has failed to
99	99	comply with this chapter or any rules promulgated pursuant to this chapter;
100	100	(B) The licensee or applicant has failed to comply with any special terms
101	101	or conditions that were placed upon the license pursuant to an order of the
102	102	department of agriculture, the department of revenue, or a local governmental
103	103	entity with specific governing jurisdiction established by statute or rules
104	104	promulgated pursuant to this chapter; or
105	105	(C) The licensed premises of a marijuana establishment or applicant
106	106	have been operated in a manner that adversely affects the public health or
107	107	welfare or the safety of the immediate vicinity in which the establishment is
108	108	located;
109	109	(19) "Healthcare practitioner" means a person licensed under title 63, or such
110	110	person's counterpart in another state, who has the authority to prescribe or dispense
111	111	controlled substances in the course of professional practice;
112	112	(20) "Heat- or pressure-derived marijuana concentrate" means a marijuana
113	113	concentrate that was produced by extracting cannabinoids from marijuana through the
114	114	use of heat or pressure;
115	115	(21) "Hemp" has the same meaning as defined in § 43-27-101;
116	116	(22) "Immature plant" means a nonflowering marijuana plant that has not
117	117	demonstrated signs of flowering;
118	118	(23) "Inhalation" means the consumption of marijuana by smoking or
119	119	vaporization;
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124	124	(24) "Licensed premises" means the premises specified in an application for a
125	125	marijuana establishment or marijuana research facility that is owned or in possession of
126	126	the licensee and within which the licensee is authorized to cultivate, manufacture,
127	127	distribute, sell, store, transport, test, or research marijuana or marijuana products
128	128	pursuant to this chapter;
129	129	(25) "Manufacture" means the production, compounding, or processing of a
130	130	marijuana product from marijuana, excluding natural marijuana plants or any part of such
131	131	plant;
132	132	(26) "Marijuana":
133	133	(A) Means all parts of the plant cannabis with a total THC of greater than
134	134	one percent (1%), whether growing or not; the seeds of the plant; the resin
135	135	extracted from any part of the plant; and every compound, manufacture, salt,
136	136	derivative, mixture, or preparation of the plant, including concentrates and oils, its
137	137	seeds, or resin; and
138	138	(B) Does not include hemp;
139	139	(27) "Marijuana biomass" means the aerial parts of the cannabis plant that are
140	140	removed from the roots, stalks, stems, or seeds to the extent possible and primarily used
141	141	for extracting marijuana concentrate;
142	142	(28) "Marijuana concentrate":
143	143	(A) Means the cannabinoid-rich oil or extract from marijuana extracted
144	144	from plant material or the resin created from the plant by physical or chemical
145	145	means; and
146	146	(B) Includes water-based marijuana concentrate, food-based marijuana
147	147	concentrate, solvent-based marijuana concentrate, and heat- or pressure-derived
148	148	marijuana concentrate;
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153	153	(29) "Marijuana dispensary" means a marijuana establishment that has been
154	154	licensed by the department to purchase marijuana or marijuana products from a
155	155	marijuana grower or marijuana processor for the purpose of reselling marijuana or
156	156	marijuana products to adult consumers, or selling or transferring such products to
157	157	another marijuana dispensary;
158	158	(30) "Marijuana establishment":
159	159	(A) Means an entity that is licensed by the department under this
160	160	chapter;
161	161	(B) Includes, but is not limited to, marijuana dispensaries, marijuana
162	162	processors, marijuana growers, marijuana testing facilities, and marijuana
163	163	transporters; and
164	164	(C) Does not include a marijuana research facility;
165	165	(31) "Marijuana flower" means the reproductive organs of the marijuana plant,
166	166	referred to as the "bud", and are parts of the plant, whether trimmed or not, that are
167	167	harvested and consumed orally or via inhalation in the plant's natural form;
168	168	(32) "Marijuana grower" means an individual or entity that is licensed pursuant to
169	169	this chapter to cultivate, prepare, and package marijuana for sale or transfer, or contract
170	170	for transfer, to a marijuana establishment or marijuana research facility;
171	171	(33) "Marijuana plant" means a rooted cannabis plant, of a variety not intended
172	172	to be cultivated as hemp that has a minimum of three (3) leaf sets;
173	173	(34) "Marijuana processor" means an individual or entity that is licensed
174	174	pursuant to this chapter to operate a marijuana establishment that is responsible for the
175	175	production, manufacture, extraction, processing, packaging, or creation of marijuana
176	176	concentrate or marijuana products, including edible marijuana products, marijuana-
177	177	infused products, and other marijuana products;
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182	182	(35) "Marijuana product" means a product that contains cannabinoids extracted
183	183	from marijuana by physical or chemical means and is intended for sale to and use by
184	184	adult consumers and takes the form of oils, tinctures, flower, edibles, pills, topical forms,
185	185	gels, creams, vapors, patches, suppositories, liquids, and forms administered by a
186	186	nebulizer;
187	187	(36) "Marijuana research facility" means a private postsecondary educational
188	188	institution located in this state with a postgraduate program in agriculture or medicine
189	189	conducting marijuana research or a public institution conducting marijuana research;
190	190	(37) "Marijuana testing facility" means an entity licensed by the department
191	191	under this chapter to analyze the safety and potency of marijuana and marijuana
192	192	products;
193	193	(38) "Marijuana transporter" means an individual or entity that is licensed by the
194	194	department under this chapter to transport marijuana or marijuana products;
195	195	(39) "Marijuana trim" means the byproduct of trimming marijuana flower that may
196	196	be used as marijuana biomass or as an ingredient in smokable or edible marijuana
197	197	products;
198	198	(40) "Marijuana waste" means unused, surplus, returned, or out-of-date
199	199	marijuana or marijuana products to be remediated or destroyed;
200	200	(41) "Material change" means a change that would require a substantive revision
201	201	to the standard operating procedures of a licensee;
202	202	(42) "Mature plant" means a harvestable female marijuana plant that is
203	203	flowering;
204	204	(43) "Medical condition" means any of the following conditions diagnosed by a
205	205	healthcare provider, including a medical doctor, physician's assistant, or nurse
206	206	practitioner:
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211	211	(A) Cancer;
212	212	(B) Human immunodeficiency virus (HIV) or acquired immunodeficiency
213	213	syndrome (AIDS);
214	214	(C) Inflammatory bowel disease, including Crohn's disease and
215	215	ulcerative colitis;
216	216	(D) Hepatitis C;
217	217	(E) Multiple sclerosis;
218	218	(F) Cerebral palsy;
219	219	(G) Cystic fibrosis;
220	220	(H) Osteogenesis imperfecta;
221	221	(I) Muscular dystrophy;
222	222	(J) Renal failure;
223	223	(K) Psoriatic arthritis;
224	224	(L) Fibromyalgia;
225	225	(M) Sickle cell disease;
226	226	(N) Chronic radiculopathy;
227	227	(O) Severe psoriasis;
228	228	(P) Post-laminectomy syndrome;
229	229	(Q) Epilepsy or any medical condition producing cachexia, persistent
230	230	muscle spasm, or seizures;
231	231	(R) Complex pain syndrome, including trigeminal neuralgia, amyotrophic
232	232	lateral sclerosis (ALS), and Parkinson's disease;
233	233	(S) Traumatic brain injury (TBI);
234	234	(T) Post-traumatic stress disorder (PTSD);
235	235	(U) Severe depression or anxiety;
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240	240	(V) Severe nausea or chronic pain;
241	241	(W) Tourette syndrome;
242	242	(X) Autism spectrum disorder;
243	243	(Y) Glaucoma; and
244	244	(Z) Terminal conditions or end-of-life pain management or palliative care;
245	245	(44) "Minor" means a person younger than twenty-one (21) years of age;
246	246	(45) "Mother plant" means a marijuana plant that is grown or maintained for the
247	247	purpose of generating clones;
248	248	(46) "Natural person" means an individual, living human being;
249	249	(47) "Owner" means a direct beneficial owner and is limited to the following:
250	250	(A) A shareholder owning at least a five percent (5%) interest of a
251	251	corporate entity;
252	252	(B) An officer of a corporate entity;
253	253	(C) A partner in a general partnership;
254	254	(D) A general or limited partner who owns an interest in a limited
255	255	partnership;
256	256	(E) A member who owns an interest in a limited liability company;
257	257	(F) A beneficiary who holds a beneficial interest in a trust;
258	258	(G) A trustee of a trust;
259	259	(H) A person who owns an interest in a joint venture;
260	260	(I) A person who owns an interest in an association;
261	261	(J) An owner of any other type of legal entity; and
262	262	(K) Any other person holding an interest or convertible note in any entity
263	263	that owns, operates, or manages a licensed facility;
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268	268	(48) "Package" or "packaging" means a container or wrapper that may be used
269	269	by a marijuana establishment to enclose or contain marijuana or marijuana products;
270	270	(49) "Person":
271	271	(A) Means a natural person, partnership, association, business trust,
272	272	company, corporation, estate, limited liability company, trust, or any other legal
273	273	entity or organization, or a manager, agent, owner, director, servant, officer, or
274	274	employee thereof; and
275	275	(B) Does not include a governmental entity;
276	276	(50) "Process" means to separate or otherwise prepare parts of the marijuana
277	277	plant and to compound, blend, extract, infuse, or otherwise make or prepare marijuana
278	278	concentrate or marijuana products;
279	279	(51) "Production batch":
280	280	(A) Means:
281	281	(i) An amount of marijuana concentrate of the same category that
282	282	is produced using the same extraction methods, standard operating
283	283	procedures, and harvest batch of marijuana; or
284	284	(ii) An amount of marijuana product of the same exact type that is
285	285	produced using the same ingredients, standard operating procedures,
286	286	and production batch of marijuana concentrate; and
287	287	(B) Does not include marijuana flower;
288	288	(52) "Public institution" means an entity established or controlled by the federal
289	289	government, state government, or a local government, including, but not limited to,
290	290	institutions of higher education and related research institutions;
291	291	(53) "Public money" means funds or money obtained from a governmental entity
292	292	by a licensee, including, but not limited to, research grants;
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297	297	(54) "Registered to conduct business" means an eligible applicant who has
298	298	provided proof that the applicant's business is in good standing with the secretary of
299	299	state and department of revenue;
300	300	(55) "Remediation" means:
301	301	(A) The process by which marijuana flower or marijuana trim that has
302	302	failed required testing is processed into marijuana concentrate and retested for
303	303	compliance; or
304	304	(B) The process by which marijuana waste is recycled into usable
305	305	product, where possible;
306	306	(56) "Research project" means a discrete scientific endeavor to answer a
307	307	research question or a set of research questions related to hemp or marijuana as
308	308	required by a marijuana research license;
309	309	(57) "Revocation" means the final decision by the department to rescind a
310	310	license issued pursuant to this chapter because the licensee did not comply with the
311	311	applicable requirements set forth in this chapter or rules promulgated pursuant to this
312	312	chapter;
313	313	(58) "Solvent-based marijuana concentrate" means marijuana concentrate
314	314	produced by extracting cannabinoids from marijuana through the use of a safe solvent
315	315	medium, resulting in a finished product that meets state and federal guidelines for food
316	316	safety;
317	317	(59) "Strain" means the classification of cannabis or marijuana plants based on
318	318	the individual genetics of the plant that can be used to track genetic traits through the
319	319	cultivation and processing of marijuana products and to help licensees and consumers
320	320	predict the contents and effects of a marijuana product;
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325	325	(60) "Suitable container" means a child-resistant package that complies with
326	326	state law;
327	327	(61) "Terminal condition" means a progressive disease or medical or surgical
328	328	condition that causes significant functional impairment, is not considered by a treating
329	329	physician to be reversible without the administration of life-sustaining procedures, and is
330	330	expected to result in death within one (1) year after diagnosis if the condition runs its
331	331	normal course;
332	332	(62) "Test batch":
333	333	(A) With regard to usable marijuana, means a homogenous, identified
334	334	quantity of usable marijuana by strain that is harvested during a seven-day
335	335	period from a specified cultivation area; and
336	336	(B) With regard to oils, vapors, and waxes derived from usable
337	337	marijuana, means an identified quantity that is uniform, intended to meet
338	338	specifications for identity, strength, and composition, and manufactured,
339	339	packaged, and labeled during a specified time period according to a single
340	340	manufacturing, packaging, and labeling protocol;
341	341	(63) "THC" means delta-9 tetrahydrocannabinol, which is a cannabinoid in
342	342	cannabis formed by decarboxylation of natural tetrahydrocannabinolic acid, which
343	343	generally occurs by exposure to heat;
344	344	(64) "THCA" means delta-9 tetrahydrocannabinolic acid, the precursor to the
345	345	primary psychotropic cannabinoid contained in cannabis;
346	346	(65) "Total THC" means the sum of the amount of THC and the result of eight
347	347	hundred seventy-seven one-thousandths (0.877) multiplied by the amount of THCA;
348	348	(66) "Transporter agent" means a person who transports marijuana or marijuana
349	349	products for a licensed marijuana transporter and holds a transporter agent license;
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354	354	(67) "Universal symbol" means an image indicating that marijuana or a
355	355	marijuana product contains THC;
356	356	(68) "Veteran" means a person who has been honorably discharged from the
357	357	army, navy, air force, marine corps, coast guard, or space force, or any person who has
358	358	been honorably discharged from a reserve component, as defined in 10 U.S.C. § 10101,
359	359	having performed active federal service in the armed forces of the United States; and
360	360	(69) "Veteran-owned business" means a business that is a continuing,
361	361	independent, for-profit business located in this state that performs a commercially useful
362	362	function, and is at least fifty-one percent (51%) owned and controlled by one (1) or more
363	363	veterans; or, in the case of any publicly owned business, at least fifty-one percent (51%)
364	364	of the stock of which is owned and controlled by one (1) or more veterans and whose
365	365	management and daily business operations are under the control of one (1) or more
366	366	veterans.
367	367	43-23-103. Authorized conduct – Personal use of marijuana.
368	368	(a) An adult is authorized under this chapter to:
369	369	(1) Except as provided in subdivision (a)(4), use, possess, and transport
370	370	not more than sixty (60) grams of marijuana, except that not more than fifteen
371	371	(15) grams of that amount may be in the form of marijuana concentrate;
372	372	provided, that the restrictions regarding the amount of marijuana or marijuana
373	373	concentrate that may be possessed or transported do not apply to a marijuana
374	374	transporter or a transportation agent acting within the course and scope of the
375	375	transporter's or agent's license;
376	376	(2) Transfer without remuneration to another adult not more than sixty
377	377	(60) grams of marijuana, except that not more than fifteen (15) grams of that
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382	382	amount may be in the form of marijuana concentrate; provided, that the transfer
383	383	is not advertised or promoted to the public;
384	384	(3) Cultivate for personal use not more than twelve (12) marijuana plants
385	385	in an area on the premises of the adult's private residence; provided, that the
386	386	cultivation occurs in a private area that is:
387	387	(A) Equipped with locks or other security devices that restrict
388	388	access to the area; and
389	389	(B) Not visible from a public place without the use of aircraft or
390	390	optical aids;
391	391	(4) Possess, store, or process on the premises of the adult's private
392	392	residence not more than the amount of marijuana produced from plants
393	393	cultivated on the premises; provided, that:
394	394	(A) Not more than the twelve (12) marijuana plants are
395	395	possessed, cultivated, or processed on the premises at one (1) time; and
396	396	(B) Any other amount of marijuana in excess of sixty (60) grams
397	397	is stored in a locked container or secure area equipped with security
398	398	devices that restrict access; and
399	399	(5) Use, possess, transport, or transfer to another adult without
400	400	remuneration marijuana-related drug paraphernalia.
401	401	(b)
402	402	(1) A parent, legal guardian, or conservator may administer for medical
403	403	purposes a marijuana product, excluding a smokeable product, to a minor with a
404	404	medical condition, or symptoms resulting from a medical condition, for whom the
405	405	parent, guardian, or conservator has legal authority to provide for the care,
406	406	supervision, and control.
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411	411	(2) The department of health shall provide on the department's website a
412	412	form that, if executed by the parent, guardian, or conservator after consultation
413	413	with a healthcare practitioner, creates a rebuttable presumption:
414	414	(A) That the practitioner's patient, as a minor for whom the parent,
415	415	guardian, or conservator has legal authority to provide for the care,
416	416	supervision, and control, has a medical condition, or symptoms resulting
417	417	from a medical condition, for which the patient, parent, guardian, or
418	418	conservator seeks to use a marijuana product to treat the medical
419	419	condition, or alleviate the symptoms thereof; and
420	420	(B) Of legal conduct under subdivision (b)(1).
421	421	43-23-104. Authorized conduct – Retail marijuana operations.
422	422	This chapter authorizes:
423	423	(1) A marijuana grower director, manager, or employee acting within the
424	424	scope of the grower's license to:
425	425	(A) Cultivate marijuana for sale or transfer to a marijuana
426	426	establishment, including the sale or transfer of seeds, flower, mother
427	427	plants, mature plants, immature plants, or clones; and
428	428	(B) Possess marijuana and marijuana-related drug paraphernalia;
429	429	(2) A marijuana processor director, manager, or employee acting within
430	430	the scope of the processor's license to:
431	431	(A) Produce marijuana products for sale or transfer to a marijuana
432	432	establishment; and
433	433	(B) Possess marijuana and marijuana-related drug paraphernalia;
434	434	(3) A marijuana dispensary director, manager, or employee acting within
435	435	the scope of the dispensary's license to:
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440	440	(A) Possess marijuana and marijuana products; and
441	441	(B) Transfer and sell marijuana, marijuana products, and
442	442	marijuana-related drug paraphernalia to an adult;
443	443	(4) A marijuana transporter director, manager, employee, or agent acting
444	444	within the scope of the transporter's license to transport and transfer marijuana or
445	445	marijuana products between marijuana establishments; and
446	446	(5) A marijuana testing or research facility director, manager, or
447	447	employee acting within the scope of the facility's license to possess, test, and
448	448	transport marijuana, marijuana products, and marijuana-related drug
449	449	paraphernalia.
450	450	43-23-105. Protection from legal action for authorized conduct.
451	451	(a) A person is not subject to the denial of any right or privilege or to arrest,
452	452	prosecution, forfeiture of property, or penalty, including any civil penalty or disciplinary
453	453	action by a court or occupational or professional licensing board or other like
454	454	instrumentality solely due to conduct authorized under §§ 43-23-103 and 43-23-104.
455	455	(b) The fact that a person engages in conduct authorized by § 43-23-103 or §
456	456	43-23-104 does not in itself constitute grounds for denying, limiting, or restricting
457	457	conservatorship or custody or possession of or access to a child.
458	458	(c) Unless expressly required by federal law, a person in compliance with this
459	459	chapter shall not be denied eligibility, based on acts authorized under this chapter, for a
460	460	public assistance program, including, but not limited to, the special supplemental food
461	461	program for women, infants, and children; temporary assistance for needy families
462	462	(TANF); TennCare; the supplemental nutrition assistance program (SNAP); or other
463	463	such public assistance programs.
464	464	(d)
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469	469	(1) An employer is authorized to establish policies permitting, restricting,
470	470	or prohibiting the use of marijuana or marijuana products in the workplace.
471	471	(2) This chapter does not prohibit an employer from:
472	472	(A) Disciplining an employee for using marijuana or a marijuana
473	473	product in the workplace or for working while under the influence of
474	474	marijuana or a marijuana product; or
475	475	(B) Considering a job applicant's use of marijuana as a basis for
476	476	refusing to hire the applicant for employment responsibilities described in
477	477	§ 50-9-106(a)(3)(A) as long as that consideration, including testing of the
478	478	applicant, is consistent with and appropriate in its application to the
479	479	employer's hiring policy with regard to other adulterants that cause a
480	480	refusal of hiring for an applicant, including the time segment under review,
481	481	so as to not disproportionately restrict the legal rights of the applicant.
482	482	(3) Notwithstanding title 50, chapters 7 and 9, and for purposes of
483	483	eligibility for benefits under Tennessee Employment Security Law, compiled in
484	484	title 50, chapter 7, the use of marijuana or a marijuana product, when there is no
485	485	other action or cause by the employee or reason for the termination, shall not be
486	486	deemed a discharge for misconduct under § 50-7-303 or otherwise a termination
487	487	for cause.
488	488	(e) Notwithstanding title 39, chapter 17, part 13, the use of marijuana or
489	489	marijuana products, personal cultivation of marijuana, or status as a licensee under this
490	490	chapter or under title 43, chapter 27, are not grounds for the denial or infringement of the
491	491	right to own, purchase, or possess a firearm, ammunition, or firearm accessory under
492	492	state law.
493	493	43-23-106. Prohibition of marijuana on private property – Exception.
494	494
495	495
496	496	- 18 - 001050
497	497
498	498	(a) Except as otherwise provided by subsection (b), a person may prohibit or
499	499	restrict the possession, consumption, cultivation, distribution, manufacture, sale, or
500	500	display of marijuana or marijuana products on property the person owns, occupies, or
501	501	manages.
502	502	(b) A person shall not prohibit a residential tenant under a lease agreement from
503	503	possessing marijuana, marijuana products, or marijuana-related drug paraphernalia or
504	504	consuming marijuana by means other than smoking on the premises.
505	505	43-23-107. Conduct not authorized – Violations.
506	506	(a) This chapter does not authorize the following conduct:
507	507	(1) Smoking or otherwise consuming marijuana or marijuana products in:
508	508	(A) A motor vehicle;
509	509	(B) An aircraft;
510	510	(C) A watercraft on the public waters of this state; or
511	511	(D) A public place, unless:
512	512	(i) The public place is an area designated by a political
513	513	subdivision as an area where using marijuana or a marijuana
514	514	product is permissible; and
515	515	(ii) The area described by subdivision (a)(1)(D)(i) is not
516	516	accessible to minors;
517	517	(2) Possessing or consuming marijuana or possessing marijuana-related
518	518	drug paraphernalia:
519	519	(A) On the premises of a public or private child care facility, pre-
520	520	kindergarten, or primary or secondary school;
521	521	(B) On a school bus that serves a facility or school described by
522	522	subdivision (a)(2)(A); or
523	523
524	524
525	525	- 19 - 001050
526	526
527	527	(C) On the premises of a correctional facility; or
528	528	(3) The separation of resin from the marijuana plant by butane extraction
529	529	or another method that uses a substance with a flashpoint below one hundred
530	530	degrees Fahrenheit (100° F) in a public place or motor vehicle or within the
531	531	curtilage of a residential structure.
532	532	(b) A person commits an offense if the person:
533	533	(1) Under the authority of this chapter:
534	534	(A) Sells, transfers, or causes to be sold or transferred, marijuana
535	535	or a marijuana product to a minor; or
536	536	(B) Sells, transfers, or causes to be sold or transferred, marijuana
537	537	or a marijuana product to another person knowing the other person
538	538	intends to provide the marijuana or marijuana product to a minor, except
539	539	as authorized under § 43-23-103(b); or
540	540	(2) Sells marijuana or a marijuana product in or from:
541	541	(A) A marijuana dispensary that is not in compliance with this
542	542	chapter; or
543	543	(B) A marijuana establishment other than a dispensary and such
544	544	sale is not authorized under this chapter.
545	545	(c) It is a defense to prosecution under subsection (b) that the person to whom
546	546	the marijuana or marijuana product was sold or transferred presented apparently valid
547	547	proof of identification. For purposes of this subsection (c), "apparently valid proof of
548	548	identification" means a government-issued photo identification that contains a physical
549	549	description and photograph consistent with the person's appearance and purports to
550	550	establish that the person is twenty-one (21) years of age or older. Such government-
551	551	issued photo identification may include a driver license issued by this state or another
552	552
553	553
554	554	- 20 - 001050
555	555
556	556	state, a passport, or other identification card issued by a state, territory, tribe, or the
557	557	federal government.
558	558	(d) A violation of this section is punishable as follows:
559	559	(1) A first, second, or third offense is a Class C misdemeanor; and
560	560	(2) A fourth or subsequent offense is a Class A misdemeanor, and if the
561	561	violator is a licensee, the revocation of the violator's license for a period of two (2)
562	562	years.
563	563	43-23-108. Duties of the department – Rules.
564	564	(a) The department shall implement and administer this chapter.
565	565	(b) The department shall promulgate all necessary rules for the administration
566	566	and enforcement of this chapter. All rules must be promulgated in accordance with the
567	567	Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
568	568	(c) The department shall promulgate rules for the reasonable regulation of
569	569	marijuana establishments and marijuana research facilities, including rules that:
570	570	(1) Set application and license fees under this chapter in amounts
571	571	sufficient to administer this chapter and such fees may be adjusted annually for
572	572	inflation;
573	573	(2) Establish standards for:
574	574	(A) The operation of marijuana testing facilities;
575	575	(B) The testing of cultivated marijuana flower and marijuana
576	576	products; and
577	577	(C) The secure transportation of marijuana by marijuana
578	578	transporters, including standards to ensure all marijuana establishments
579	579	and marijuana research facilities are properly served;
580	580	(3) Restrict the use of dangerous pesticides;
581	581
582	582
583	583	- 21 - 001050
584	584
585	585	(4) Regulate the packaging and labeling of marijuana products available
586	586	at marijuana dispensaries, including requirements regarding:
587	587	(A) Child-resistant packaging;
588	588	(B) The use of a universal symbol; and
589	589	(C) The amount of THC or total THC present;
590	590	(5) Restrict advertising and display of marijuana and marijuana products;
591	591	(6) Restrict the maximum amount of THC or total THC, or regulate the
592	592	serving size, that may be contained in a marijuana product sold to an adult
593	593	consumer;
594	594	(7) Require recordkeeping and monitoring for identification of a
595	595	production batch or test batch through the use of a batch number;
596	596	(8) Require recordkeeping for any remediation conducted by a marijuana
597	597	establishment;
598	598	(9) Require recordkeeping and monitoring to track the transfer of
599	599	marijuana and marijuana products between marijuana establishments or
600	600	licensees;
601	601	(10) Require security measures; provided, that the security measures do
602	602	not restrict the cultivation of marijuana outdoors or in greenhouses; and
603	603	(11) Establish protocols or restrictions with regard to the proximity of
604	604	marijuana establishments to community facilities and elementary and secondary
605	605	schools.
606	606	(d) The department, in consultation with the department of health, shall
607	607	promulgate rules regarding the involvement of the state in sanctioning research projects
608	608	or licensing marijuana research facilities, including a process by which marijuana
609	609	research facilities may request and receive public money for research projects; provided,
610	610
611	611
612	612	- 22 - 001050
613	613
614	614	that a research project must include a description of a defined protocol, clearly
615	615	articulated goals, defined methods and outputs, and a defined start and end date in
616	616	order for the project to be sanctioned by the department.
617	617	(e) The department of health may promulgate rules and forms necessary to
618	618	facilitate a medical use component of this chapter. In promulgating rules and forms, the
619	619	department of health shall consider and prioritize the process by which patients,
620	620	practitioners, and caregivers are able to document recommendations for the medical use
621	621	of marijuana or marijuana products and by which patients and caregivers are able to
622	622	establish that marijuana and marijuana products are being obtained for medical use
623	623	when marijuana and marijuana products are purchased from a marijuana dispensary.
624	624	The department of health shall publish such forms on the department's website.
625	625	(f) Except where prohibited by federal law and notwithstanding any other law to
626	626	the contrary, in accordance with the Uniform Administrative Procedures Act, compiled in
627	627	title 4, chapter 5, the department of financial institutions shall promulgate rules
628	628	authorizing marijuana establishments to conduct cashless transactions and use banking
629	629	services, including the depositing of revenue, in Tennessee-chartered banks or other
630	630	Tennessee-chartered financial institutions.
631	631	(g) The department shall establish a universal symbol and publish the symbol on
632	632	the department's website.
633	633	43-23-109. Conflicts of interest.
634	634	(a) A person who is involved in the implementation, administration, or
635	635	enforcement of this chapter as a member or employee of the department, or a consultant
636	636	to the department, shall not also hold a pecuniary interest in any entity licensed by the
637	637	department under this chapter.
638	638
639	639
640	640	- 23 - 001050
641	641
642	642	(b) A person who holds a pecuniary interest in a marijuana testing facility or a
643	643	marijuana transporter that holds a license issued under this chapter shall not hold a
644	644	pecuniary interest in any entity that holds a marijuana dispensary, marijuana processor,
645	645	or marijuana grower license issued under this chapter.
646	646	(c) A person shall not hold a pecuniary interest in more than five (5) entities that
647	647	are licensed under this chapter as a marijuana grower, unless otherwise authorized by
648	648	the department.
649	649	43-23-110. Annual report.
650	650	The department shall annually submit to the governor and to the chief clerks of
651	651	the senate and the house of representatives a report providing the following information
652	652	regarding licensing and regulation under this chapter:
653	653	(1) The number of licenses issued for each class of license under this
654	654	chapter;
655	655	(2) Demographic information pertaining to licensees;
656	656	(3) A description of any fines imposed on a licensee or disciplinary
657	657	actions taken against a licensee by the department; and
658	658	(4) A statement of revenues and expenses of the department related to
659	659	the implementation, administration, and enforcement of this chapter.
660	660	43-23-111. Licensing.
661	661	(a) A license issued by the department under this chapter is required to operate
662	662	as a marijuana establishment.
663	663	(b) The department by rule shall provide classes of licensure to be issued under
664	664	this chapter and, for each class of license issued under this chapter, qualifications for
665	665	licensure that are demonstrably related to the operations authorized and duties imposed
666	666	under that class of license.
667	667
668	668
669	669	- 24 - 001050
670	670
671	671	(c) The department shall prioritize the issuance of licenses in the following order:
672	672	(1) First priority to:
673	673	(A) Disadvantaged businesses and veteran-owned businesses
674	674	that have held a hemp license, issued under § 43-27-102, in the prior
675	675	year; and
676	676	(B) Business entities located in a tier 3 or 4 enhancement county,
677	677	as described in § 67-4-2109, that have held a hemp license, issued under
678	678	§ 43-27-102, in the prior year;
679	679	(2) Second priority to business entities that have held a hemp license,
680	680	issued under § 43-27-102, in the prior year;
681	681	(3) Third priority to entities that are at least fifty-one percent (51%) owned
682	682	and controlled by one (1) or more residents of this state; or, in the case of any
683	683	publicly owned business, have at least fifty-one percent (51%) of the stock
684	684	owned and controlled by one (1) or more residents of this state and management
685	685	and daily business operations under the control of one (1) or more residents of
686	686	this state;
687	687	(4) Fourth priority to disadvantaged businesses and veteran-owned
688	688	businesses; and
689	689	(5) Fifth priority to all other qualified persons.
690	690	43-23-112. Licensure application.
691	691	(a) A person eligible for licensure may apply for an initial or renewal license
692	692	under this chapter by submitting a form prescribed by the department along with the
693	693	application fee in an amount set by the department.
694	694	(b) The completed application must indicate the class of license sought and
695	695	include:
696	696
697	697
698	698	- 25 - 001050
699	699
700	700	(1) The name and address of the applicant;
701	701	(2) The name of each owner, which the department shall make available
702	702	as a matter of public record;
703	703	(3) The name and address of each of the applicant's directors and
704	704	managers; and
705	705	(4) Any other information considered necessary by the department to
706	706	determine the applicant's eligibility for the license.
707	707	(c) In addition to satisfying the other requirements provided by department rule
708	708	under this chapter:
709	709	(1) An applicant for a license must submit to the department a complete
710	710	and legible set of fingerprints, on a form prescribed by the department, for the
711	711	purpose of obtaining criminal history record checks from the Tennessee bureau
712	712	of investigation and the federal bureau of investigation;
713	713	(2) The department may deny a license to an applicant who does not
714	714	comply with the requirement of subdivision (c)(1). Issuance of a license by the
715	715	department is conditioned on the department obtaining the applicant's criminal
716	716	history record check under this subsection (c); and
717	717	(3) Other than a conviction for an offense that involves the delivery, sale,
718	718	distribution, or casual exchange of a controlled substance to a minor under
719	719	eighteen (18) years of age where the person was an adult who was at least two
720	720	(2) years older than the minor at the time of the offense, a person's conviction for
721	721	an offense does not disqualify an applicant for licensure under this chapter.
722	722	43-23-113. Issuance, renewal, or denial of license.
723	723	(a) The department shall issue or renew a license under this chapter only if:
724	724
725	725
726	726	- 26 - 001050
727	727
728	728	(1) The department determines the applicant meets the qualifications for
729	729	the class of license sought, under §§ 43-23-111 and 43-23-112;
730	730	(2) The applicant is registered to conduct business; and
731	731	(3) The applicant is in compliance with any applicable local regulations.
732	732	(b) If the department denies the issuance or renewal of a license under
733	733	subsection (a), then the department shall give written notice of the grounds for denial to
734	734	the applicant.
735	735	(c) A license issued or renewed under this section expires on the second
736	736	anniversary of the date of issuance or renewal, as applicable.
737	737	43-23-114. Duty to maintain qualifications.
738	738	(a) A licensee shall maintain compliance at all times with the qualifications for
739	739	the applicable class of license established under § 43-23-111.
740	740	(b) A licensee shall notify the department in writing whenever there is a material
741	741	change in the operations of a licensee.
742	742	43-23-115. License suspension or revocation.
743	743	(a) The department may at any time suspend or revoke a license issued under
744	744	this chapter for good cause, including if the department determines that the licensee has
745	745	not maintained the qualifications established under § 43-23-111 or has failed to comply
746	746	with a duty imposed under this chapter.
747	747	(b) The department shall give written notice to a licensee of a license
748	748	suspension or revocation under this section and the grounds for the suspension or
749	749	revocation. The notice must be sent by certified mail, return receipt requested.
750	750	(c) After suspending or revoking a license issued under this chapter, the
751	751	department may seize or place under seal all marijuana, marijuana products, and
752	752	marijuana-related drug paraphernalia owned or possessed by the licensee. If the
753	753
754	754
755	755	- 27 - 001050
756	756
757	757	license is revoked, then a disposition shall not be made of the seized or sealed
758	758	marijuana, marijuana products, or drug paraphernalia until the time for administrative
759	759	appeal of the order has elapsed or until all appeals have been concluded. When a
760	760	revocation order becomes final, all marijuana, marijuana products, and drug
761	761	paraphernalia may be forfeited to the state as contraband.
762	762	(d) Proceedings under this section must be conducted pursuant to title 4,
763	763	chapter 5, part 3.
764	764	43-23-116. Duties of licensees relating to dispensing marijuana or marijuana
765	765	products.
766	766	Before dispensing marijuana or marijuana products to an adult consumer, a
767	767	marijuana dispensary must make reasonable efforts to verify that:
768	768	(1) The person receiving the marijuana or marijuana product is an adult;
769	769	(2) The marijuana or marijuana product complies with testing and
770	770	labeling rules promulgated by the department; and
771	771	(3) The amount of marijuana or marijuana products dispensed is not
772	772	greater than the amount authorized for personal use under § 43-23-103(a).
773	773	43-23-117. Duties of licensees relating to security.
774	774	(a) A licensee shall ensure that the cultivation, manufacture, sale, or display of
775	775	marijuana, marijuana products, and marijuana-related drug paraphernalia is not visible
776	776	from a public place without the use of optical aids or aircraft.
777	777	(b) A licensee shall not cultivate, manufacture, store, or sell marijuana,
778	778	marijuana products, or marijuana-related drug paraphernalia at a location other than the
779	779	physical address approved by the department for the establishment under the license
780	780	issued to the establishment under this chapter.
781	781
782	782
783	783	- 28 - 001050
784	784
785	785	(c) A licensee shall adopt reasonable security measures necessary to restrict
786	786	access to areas where marijuana or marijuana products are stored and to prevent theft
787	787	of marijuana and marijuana products.
788	788	43-23-118. Licensee employees.
789	789	A licensee shall not employ or otherwise accept the services of a person younger
790	790	than twenty-one (21) years of age.
791	791	43-23-119. Monthly sales report.
792	792	A marijuana dispensary shall submit a report to the department monthly
793	793	specifying the amount of marijuana sold, the number of marijuana products sold, and the
794	794	amount of money collected in sales by the establishment during the preceding month.
795	795	43-23-120. Taxes.
796	796	(a) Marijuana and marijuana products are taxable as tangible personal property
797	797	and subject to sales and use taxes imposed by title 67, chapter 6. Notwithstanding § 67-
798	798	6-702, a county, by resolution of the county legislative body, or an incorporated
799	799	municipality, by ordinance of its governing body, is authorized to levy a local sales tax in
800	800	a rate not to exceed five percent (5%) on the sale of marijuana and marijuana products
801	801	within such county or municipality. Such local sales tax is to be levied, collected, and
802	802	distributed in the same manner as local sales and use taxes under title 67, chapter 6,
803	803	part 7.
804	804	(b)
805	805	(1) A marijuana tax is imposed on each sale of marijuana or a marijuana
806	806	product by a marijuana dispensary.
807	807	(2) The rate of the tax is fifteen percent (15%) of the pre-tax sales price
808	808	of the marijuana or marijuana product.
809	809
810	810
811	811	- 29 - 001050
812	812
813	813	(3) The tax imposed by this subsection (b) is administered, collected, and
814	814	enforced in the same manner as the sales and use tax under title 67, chapter 6 is
815	815	administered, collected, and enforced.
816	816	(4) The tax imposed by this subsection (b) is in addition to any other tax
817	817	imposed by law.
818	818	(c)
819	819	(1) Notwithstanding another law to the contrary:
820	820	(A) A marijuana grower is entitled to a refund of twenty-five
821	821	percent (25%) of the sales and use tax levied on supplies and materials
822	822	purchased from a business located in this state and used for the
823	823	cultivation of marijuana;
824	824	(B) A marijuana processor is entitled to a refund of twenty-five
825	825	percent (25%) of the sales and use tax levied on supplies and materials
826	826	purchased from a business located in this state and used for the
827	827	manufacture or processing of marijuana and production of marijuana
828	828	products; and
829	829	(C) A marijuana dispensary is entitled to a refund of twenty-five
830	830	percent (25%) of the sales and use tax levied on supplies and materials
831	831	purchased from a business located in this state and used for the
832	832	dispensing and retail sale of marijuana and marijuana products.
833	833	(2) To receive a refund authorized under this subsection (c), a marijuana
834	834	establishment must submit the form prescribed by the department of revenue, in
835	835	addition to any documentation the department may require.
836	836	(d) Notwithstanding another law to the contrary, electronic payment and filing
837	837	requirements for taxes levied under title 67 are waived, and a marijuana establishment
838	838
839	839
840	840	- 30 - 001050
841	841
842	842	may file a return in paper form and remit payments in cash or other form approved by
843	843	the department of revenue. The commissioner of revenue is authorized to require that
844	844	any such paper filing be accompanied by a manual handling fee, not to exceed twenty-
845	845	five dollars ($25.00), that is reasonably calculated by the department of revenue to
846	846	account for the additional cost of preparing, printing, receiving, reviewing, and
847	847	processing any paper filing.
848	848	43-23-121. Allocation of marijuana tax.
849	849	The department of revenue shall allocate the revenue derived from the marijuana
850	850	tax imposed by § 43-23-120(b) to be distributed as follows:
851	851	(1) An amount equal to ten percent (10%) of the proceeds to the
852	852	department of agriculture to be used for administrative costs incurred pursuant to
853	853	this chapter, including collection and enforcement costs;
854	854	(2) An amount equal to five percent (5%) of the proceeds to be retained
855	855	by the department of revenue to be used for administrative costs incurred
856	856	pursuant to this chapter, including collection and enforcement costs; and
857	857	(3) The remaining proceeds of the tax to the general fund of the state.
858	858	43-23-122. Prohibited local regulation.
859	859	Except as provided in § 43-23-123(b), a political subdivision of this state shall not
860	860	enact, adopt, or enforce a rule, ordinance, order, resolution, or other regulation that
861	861	prohibits or unreasonably restricts the cultivation, production, manufacture, dispensing,
862	862	transportation, or possession of marijuana or marijuana products or the operation of a
863	863	marijuana grower, marijuana processor, marijuana dispensary, marijuana transporter,
864	864	marijuana research facility, or marijuana testing facility as authorized by this chapter.
865	865	43-23-123. Permissible local regulation.
866	866
867	867
868	868	- 31 - 001050
869	869
870	870	(a) A political subdivision may adopt regulations consistent with this chapter
871	871	governing the hours of operation, location, manner of conducting business, and number
872	872	of marijuana dispensaries; provided, that regulations must not be more restrictive than
873	873	those that apply to establishments that are licensed as retail package stores pursuant to
874	874	§ 57-3-204.
875	875	(b)
876	876	(1) A county or municipality seeking to ban the sale of marijuana or
877	877	marijuana products to adult consumers or the cultivation or manufacture of
878	878	marijuana or marijuana products by marijuana establishments within its
879	879	jurisdiction is authorized to do so by a two-thirds (2/3) vote of the local legislative
880	880	body; provided, that the initial vote on a local ban occurs no later than September
881	881	30, 2025.
882	882	(2) Notwithstanding another law to the contrary, a ban established
883	883	pursuant to this subsection (b) expires one (1) year from the ban's effective date;
884	884	provided, that a ban may be renewed under the same procedure established in
885	885	subdivision (b)(1).
886	886	(3) A county or municipality that bans the sale, cultivation, or
887	887	manufacture of marijuana or marijuana products within its jurisdiction is
888	888	disqualified from receiving any grant funds authorized under this chapter while
889	889	the ban is in effect.
890	890	43-23-124. Use of gas chromatography mass spectrum tests.
891	891	Notwithstanding another law to the contrary:
892	892	(1) A person's bail, parole, probation, or suspended sentence shall not be
893	893	revoked based solely on a positive confirmatory urine drug test conducted via a
894	894
895	895
896	896	- 32 - 001050
897	897
898	898	gas chromatography mass spectrum test (GC-MS) for THC-COOH (11-nor-9-
899	899	carboxy-delta 9 tetrahydrocannabinol);
900	900	(2) A student shall not be prohibited or otherwise restricted from
901	901	participation in voluntary extracurricular activities, or be required to receive
902	902	referral information under § 49-6-4213(k)(3), based solely on a positive
903	903	confirmatory urine drug test conducted via a gas chromatography mass spectrum
904	904	test (GC-MS) for THC-COOH (11-nor-9-carboxy-delta 9 tetrahydrocannabinol)
905	905	when the minor is administered a marijuana product in accordance with § 43-23-
906	906	103(b);
907	907	(3) A governmental entity acting in its capacity as a public employer shall
908	908	not take adverse action against an employee based solely on a positive
909	909	confirmatory urine drug test conducted via a gas chromatography mass spectrum
910	910	test (GC-MS) for THC-COOH (11-nor-9-carboxy-delta 9 tetrahydrocannabinol);
911	911	and
912	912	(4) A person shall not be required to receive a referral to a treatment
913	913	resource or be prohibited from receiving public assistance based solely on a
914	914	positive confirmatory urine drug test conducted via a gas chromatography mass
915	915	spectrum test (GC-MS) for THC-COOH (11-nor-9-carboxy-delta 9
916	916	tetrahydrocannabinol). For purposes of this subdivision (4), "public assistance"
917	917	includes, but is not limited to, assistance from the special supplemental food
918	918	program for women, infants, and children; temporary assistance for needy
919	919	families (TANF); TennCare; the supplemental nutrition assistance program
920	920	(SNAP); and other public assistance or welfare programs under title 71.
921	921
922	922
923	923	- 33 - 001050
924	924
925	925	SECTION 2. Tennessee Code Annotated, Section 4-3-610(a), is amended by deleting
926	926	the language "dogs trained to detect marijuana and other illicit substances" and substituting
927	927	instead the language "dogs trained to detect illicit substances".
928	928	SECTION 3. Tennessee Code Annotated, Section 4-7-115, is amended by deleting the
929	929	language "dogs trained to detect marijuana and other illicit substances" and substituting instead
930	930	the language "dogs trained to detect illicit substances".
931	931	SECTION 4. Tennessee Code Annotated, Section 29-38-104, is amended by deleting
932	932	the following:
933	933	(1) From subdivision (5), the language "; or possession of one pound (1 lb.) or
934	934	twenty-five (25) plants or more, but less than four pounds (4 lbs.) or fifty (50) plants, or
935	935	distribution of less than one pound (1 lb.), of marijuana";
936	936	(2) From subdivision (6), the language "; or possession of four pounds (4 lbs.) or
937	937	more or fifty (50) plants or more, but less than eight pounds (8 lbs.) or seventy-five (75)
938	938	plants, or distribution of more than one pound (1 lb.), but less than five pounds (5 lbs.),
939	939	of marijuana";
940	940	(3) From subdivision (7), the language "; or possession of eight pounds (8 lbs.)
941	941	or more or seventy-five (75) plants or more, but less than sixteen pounds (16 lbs.) or one
942	942	hundred (100) plants or more, or distribution of more than five pounds (5 lbs.), but less
943	943	than ten pounds (10 lbs.), of marijuana"; and
944	944	(4) From subdivision (8), the language "; or possession of sixteen pounds (16
945	945	lbs.) or more or one hundred (100) plants or more, or distribution of ten pounds (10 lbs.)
946	946	or more, of marijuana".
947	947	SECTION 5. Tennessee Code Annotated, Section 38-6-108, is amended by deleting the
948	948	language "dogs trained to detect marijuana and other illicit substances" and substituting instead
949	949	the language "dogs trained to detect illicit substances".
950	950
951	951
952	952	- 34 - 001050
953	953
954	954	SECTION 6. Tennessee Code Annotated, Section 39-17-402(12), is amended by
955	955	deleting subdivision (C) and substituting instead the following:
956	956	(C) Objects used, intended for use, or designed for use in ingesting, inhaling, or
957	957	otherwise introducing cocaine into the human body;
958	958	SECTION 7. Tennessee Code Annotated, Section 39-17-402, is amended by deleting
959	959	subdivision (16) in its entirety.
960	960	SECTION 8. Tennessee Code Annotated, Section 39-17-415(a), is amended by
961	961	deleting subdivisions (1) and (2) in their entireties.
962	962	SECTION 9. Tennessee Code Annotated, Section 39-17-417, is amended by deleting
963	963	subsection (g), subdivision (i)(14), and subdivision (j)(14) in their entireties.
964	964	SECTION 10. Tennessee Code Annotated, Section 39-17-418, is amended by deleting
965	965	subsection (b); and deleting the language "subsections (a) or (b)" in subsection (d) and
966	966	substituting instead the language "subsection (a)".
967	967	SECTION 11. Tennessee Code Annotated, Section 39-17-428(b), is amended by
968	968	deleting the language "classified as marijuana or hashish" wherever it appears.
969	969	SECTION 12. Tennessee Code Annotated, Section 40-32-101(g)(1), is amended by:
970	970	(1) Deleting subdivision (A)(xxxiii) and substituting instead the following:
971	971	(xxxiii) Section 39-17-417(g)(1) — Manufacture, delivery, sale, or
972	972	possession of Schedule VI controlled substance;
973	973	(2) Deleting subdivision (D)(xxv) and substituting instead the following:
974	974	(xxv) Section 39-17-417(g)(2) — Manufacture, delivery, sale, or
975	975	possession of Schedule VI controlled substance; and
976	976	(3) Deleting subdivision (E)(xxii) and substituting instead the following:
977	977	(xxii) Section 39-17-417(g)(3) — Manufacture, delivery, sale, or
978	978	possession of Schedule VI controlled substance;
979	979
980	980
981	981	- 35 - 001050
982	982
983	983	SECTION 13. Tennessee Code Annotated, Section 41-1-118, is amended by deleting
984	984	the language "marijuana and other illicit substances" wherever it appears and substituting
985	985	instead the language "illicit substances".
986	986	SECTION 14. Tennessee Code Annotated, Section 67-4-2802, is amended by deleting
987	987	subdivision (7) in its entirety.
988	988	SECTION 15. Tennessee Code Annotated, Section 67-4-2803, is amended by deleting
989	989	subdivisions (a)(1), (2), and (3) in their entireties; and deleting the language "marijuana or other"
990	990	in subsection (b) and substituting instead the language "an".
991	991	SECTION 16. Tennessee Code Annotated, Section 67-4-2804, is amended by deleting
992	992	subsection (b) in its entirety.
993	993	SECTION 17. Tennessee Code Annotated, Section 71-3-1201(4), is amended by
994	994	deleting the language "marijuana,".
995	995	SECTION 18. Tennessee Code Annotated, Section 63-1-126, is amended by adding
996	996	the following as a new subsection:
997	997	(f) Notwithstanding this section to the contrary, neither the board nor the
998	998	employer of the healthcare practitioner shall take adverse action against a healthcare
999	999	practitioner based solely on a positive confirmatory urine drug test via GC-MS (gas
1000	1000	chromatography mass spectrum) THC-COOH (11-nor-9-carboxy-delta 9
1001	1001	tetrahydrocannabinol).
1002	1002	SECTION 19. The Department of Correction shall review the records of persons who
1003	1003	are incarcerated in this state for the cultivation, manufacture, delivery, sale, possession, or
1004	1004	transfer of marijuana under Tennessee Code Annotated, Section 39-17-417 or Section 39-17-
1005	1005	418. The department shall identify and list persons incarcerated for such offenses and include
1006	1006	information as to whether the person was also convicted of a felony offense involving violence
1007	1007	or the use of a firearm or a felony drug offense for a controlled substance other than marijuana.
1008	1008
1009	1009
1010	1010	- 36 - 001050
1011	1011
1012	1012	The department shall provide the list to the Governor and the Chief Clerks of the House of
1013	1013	Representatives and the Senate by December 31, 2025.
1014	1014	SECTION 20. Persons serving a sentence for the cultivation, manufacture, delivery,
1015	1015	sale, possession, or transfer of marijuana under Tennessee Code Annotated, Section 39-17-
1016	1016	417 or Section 39-17-418, who are not also serving a sentence for a felony offense involving
1017	1017	violence or the use of a firearm or a felony drug offense for a controlled substance other than
1018	1018	marijuana are eligible for immediate release from incarceration, probation, and parole, and the
1019	1019	Department of Correction shall take action to secure such release.
1020	1020	SECTION 21. The headings to sections in this act are for reference purposes only and
1021	1021	do not constitute a part of the law enacted by this act. However, the Tennessee Code
1022	1022	Commission is requested to include the headings in any compilation or publication containing
1023	1023	this act.
1024	1024	SECTION 22. If any provision of this act or its application to any person or circumstance
1025	1025	is held invalid, then the invalidity does not affect other provisions or applications of the act that
1026	1026	can be given effect without the invalid provision or application, and to that end, the provisions of
1027	1027	this act are severable.
1028	1028	SECTION 23. For the purposes of promulgating rules and forms and initiating local
1029	1029	bans, this act takes effect upon becoming a law, the public welfare requiring it. Section 19 of
1030	1030	this act takes effect upon becoming a law, the public welfare requiring it. For all other purposes,
1031	1031	this act takes effect January 1, 2026, the public welfare requiring it.