Cannabis would be legal for recreational and medical uses in Tennessee next year if the Tennessee General Assembly passes either of two similar bills filed by Democrats this week.
One bill is called the Tennessee Cannabis Act. The other is called the Pot for Potholes Act.
The first is from state Rep. Larry Miller (D-Memphis) and state Sen. Jeff Yarbro (D-Nashville). The second is from state Rep. Aftyn Behn (D-Nashville) and state Sen. Heidi Campbell (D-Nashville).
Both bills allow all Tennessee adults over 21 to possess, use, and transport small amounts of cannabis for personal use. Both would allow cannabis retailers to sell all THC products. They would also allow Tennesseans to grow up to 12 cannabis plants for personal use.
Both bills would tax cannabis sales at 15 percent on the state level and allow local governments to add a 5 percent tax to local sales of cannabis. State budget experts have not yet estimated how much revenue those tax figures might bring.
A bill filed last year would have established a medical marijuana program in the state. Tennesseans would have been only eligible to buy cannabis products if they had a diagnosis from a specific list of medical conditions. That law would have made the total state marijuana tax 10 percent and a local tax up to 3 percent. State budget experts predicted that plan would have yielded tax revenues of more than $48 million annually.
The new cannabis plans differ in how revenues are spent. The broader Tennessee Cannabis Act specifies only that about 15 percent of the money go to state agencies to run the cannabis program. The rest would go into he state’s general fund and spent at the discretion of lawmakers.
The Pot for Potholes fund earmarks 75 percent of all cannabis tax revenues for the state highway fund. Most of the rest of the money would go to Tennessee’s 95 counties. A remaining 5 percent of the funds would go to state agencies to manage the program.
The bills seem the same in almost every other way. Both would:
• Regulate cannabis packaging. Products for sale would have to be sold in child-resistant packaging, carry a new, universal cannabis symbol, and show the total amount of THC in the product.
• Cap personal possession at 60 grams of marijuana, but not more than 15 grams of concentrate
• Allow private cultivation of 12 plants in a private area that is locked and not visible from a public place.
• Allow a parent or guardian to give cannabis products to their children for a medical condition, excluding smokeable products.
• Allow for the commercial grow and sale of the product.
• Allow for the possession of marijuana-related paraphernalia such as water pipes, etc. (with exceptions)
• Allow employers to prohibit the use of cannabis products in the workplace.
• Allow employers to discipline workers for cannabis use.
• Allow employers to consider cannabis use in its hiring process (with certain restrictions).
• Allow personal cannabis users and growers to buy firearms.
• Cannabis possession or use would not be grounds to deny a lease to a potential residential tenant.
• Cannabis use would not be allowed in a motor vehicle, a watercraft on public waters, or in a public place.
