HB 72 - SB 215
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 7, 2025
Fiscal Analyst: Natalie Dusek | Email: natalie.dusek@capitol.tn.gov | Phone: 615-741-2564
HB 72 - SB 215
SUMMARY OF BILL: Establishes mandatory penalties for a person convicted of
knowingly selling or distributing a product containing a hemp-derived cannabinoid to a person who
is under 21 years of age. Prohibits retail establishments from knowingly allowing an employee
younger than 21 years of age to access, handle, or sell any product containing a hemp-derived
cannabinoid on the premises of the establishment.
FISCAL IMPACT:
NOT SIGNIFICANT
Assumptions:
• Pursuant to Tenn. Code Ann. § 43-27-203(b)(2), it is an offense to knowingly sell or
distribute a product containing a hemp-derived cannabinoid to a person under 21 years of
age, or to purchase such a product on behalf of a person who is under 21 years of age.
• Pursuant to Tenn. Code Ann. § 43-27-203(b)(3), it is an offense for a person to knowingly
assist a person who is under 21 years of age to purchase, acquire, receive, or attempt to
purchase a product containing a hemp-derived cannabinoid.
• A violation of either of these prohibitions is a Class A misdemeanor offense.
• The proposed legislation establishes mandatory penalties for such violations of not less than
48 consecutive hours nor more than 11 months and 29 days in a county jail or workhouse,
and a fine of not less than $500 nor more than $1,500.
• Based on information provided by the Administrative Office of the Courts (AOC), there
have been zero convictions for these offenses since they were enacted in 2023; therefore,
the establishment of the proposed mandatory penalties is not estimated to result in a
significant increase in local incarceration expenditures, or in revenue from criminal fines.
• Pursuant to Tenn. Code Ann. § 43-27-204, a retail establishment must maintain any product
containing a hemp-derived cannabinoid behind the counter of the establishment in an area
inaccessible to a customer. A violation of this requirement is a Class A misdemeanor
offense.
• Based on information provided by AOC, there have been zero convictions for this offense
since its enactment in 2023.
• The proposed legislation expands this requirement such that the area in which retail
establishments maintain such products must also be inaccessible to any employee of the
establishment that is younger than 21 years of age. The legislation also makes it unlawful
for a retailer to knowingly allow an employee younger than 21 years of age to access,
handle, or sell any such product on the premises of the establishment.
HB 72 - SB 215 2
• It is assumed that retail establishments will endeavor to comply with these requirements and
that violations will be rare.
• Any increase in local incarceration expenditures or revenue related to fines is therefore
estimated to be not significant.
• Any fiscal impact to state or local government is estimated to be not significant.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director