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Cannabis Crusader Loses Appeal in Bizarre Drug Case

Thorne Peters/thornepeters.com

Leo AwGoWhat (left) and Thorne Peters (right) in an undated photo showing the two with a vaporizer, hookah, and glass pipes.

The half-pound of pot found in Thorne Peters’ possession was only for use in a “Cannabag Challenge.” And the gun found nearby? Peters was only keeping it safe for him, said perennial Memphis mayoral candidate, Leo AwGoWhat.

Memphis cannabis crusader Thorne Peters tried to convince a state appeals court of this version of his 2015 pot bust recently, hoping to reverse a lower court’s decision and get some time shaved from his four-year sentence. But it didn’t work.

Peters entered the public eye in 2009, when he made local news for operating a “4-20” friendly nightclub in Millington. Since then, the self-proclaimed “Poet Laureate of Planet Earth” and “Galileo of pot” beat a cannabis charge, smoked and sold cannabis in front of 201 Poplar, and started the Cannabag Challenge (a spin-off of the ALS ice bucket challenge that involves dumping a bunch of pot on your head in the name of marijuana law reform).

Cannabis Crusader Loses Appeal in Bizarre Drug Case

He was arrested in February 2015 on charges of selling cannabis. According to court papers, that’s exactly what he wanted. But he was also arrested for possessing a firearm during the crime, which came with more jail time. That, he didn’t want.

Earlier this year, Peters asked the the Tennessee Court of Criminal Appeals to review his case. On Friday, judges upheld the original ruling and sentence on Peters’ case dealt by the Shelby County Criminal Court.

Court papers from the appeal craft a bizarre narrative of a cannabis proponent following his own rules and taunting Memphis leaders and law enforcement to arrest him — all in the name of legalizing marijuana.
[pullquote-1] ”The defendant [Peters] moved from California to Memphis with his girlfriend, Linda Harrah, with the goal of getting arrested and challenging Tennessee’s marijuana laws,” reads the very first statement about the case from the appeals court decision.

On the night of February 3, 2015, Peters and Harrah were at Harrah’s Orange Mound home on Mariana Street. Police had watched the house all day and saw a lot of foot and vehicle traffic in and around the home. Satisfied that drugs were being sold on the premises, police entered the house.

“At the time officers executed the search warrant, the defendant was at her [Hannah’s] home with a large amount of cannabis because he was ‘going to do the Cannabag Challenge, which is like the ice-bucket challenge, with cannabis,’” according to court papers.
[pullquote-2] Peters told the Flyer all about starting the Cannabag Challenge and his efforts to push marijuana reform in an interview in 2014. Read it here.

What does the Cannabag Challenge look like? Have a look here:

Cannabis Crusader Loses Appeal in Bizarre Drug Case (2)

For days before police entered the Orange Mound home, Peters had been openly dealing marijuana on Facebook. He also posted images of himself dealing marijuana and placed those posts on the Facebook pages of the Shelby County Sheriff’s Office, the Memphis mayor, and the Shelby County District Attorney.

In court, Peters said he did it all so that he “could make them come and arrest me, so I could take on the legal-industrial complex here at the trial of the millennium.”

Inside the home, police found found three mason jars containing marijuana, a plastic bag containing marijuana, and a digital scale. Police recovered 297.31 grams of marijuana, just more than a half of a pound.

While Peters told police that night that the marijuana was his and he was selling it, Harrah told them it was really for the Cannabag Challenge. Peters then appealed the marijuana-related charges, claiming he had no intent to sell any of the pot found on the premises.

Police also found a .45-caliber handgun sitting on a floor speaker in a bedroom. It was loaded with a magazine and had a round in the chamber, court papers said, and “was not obstructed in any way.”

Thorne Peters/thornepeters.com

Thorne Peters (right) and Leo AwGoWhat (right) in an undated photo.

Peters told police that the gun may have his fingerprints on it (it did). But, he said, he didn’t like guns and it wasn’t his. In court later, Peters’ friend and perennial Memphis political candidate Leo AwGoWhat said that the gun was his. Harrah was keeping it for him, he said, because he had children at home.

[pullquote-3] However, Peters had previously posted a video to Facebook with him holding the gun with this caption:

“I was just sitting around hoping some sorry want-to-be wigger motherfucker was going to stop by with his partner to rob me of all this weed and money I’m holding so I can take target practice on their sorry asses,” Peters said in the video, according to court documents. “If you know anybody that wants to try me, let them know, I will be up all night, armed and dangerous.”

All of this was enough for the state appeals court to affirm Peters’ conviction.

If you want to read the court’s full opinion, dive into it here:

[pdf-1]

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CannaBeat: MORE Act Could Reverse Cannabis Convictions

Cannabis would be decriminalized nationwide, and cannabis charges would be re-sentenced if a new federal law is passed.

Rep. Steve Cohen (D-Memphis) and others introduced the Marijuana Opportunity and Reinvestment and Expungement (MORE) Act last week.

The bill removes cannabis from the Controlled Substances Act, in which it is now labeled a Schedule I drug. This move would apply retroactively to prior and pending convictions. It requires federal courts to expunge prior cannabis convictions and allows prior offenders to request expungement. It also requires courts to conduct re-sentencing hearings for those still under supervision. The bill would also open up federal public benefits (like housing) to those with past cannabis convictions.

Steve Cohen

“Currently, our laws treat marijuana as more dangerous than cocaine, methamphetamine, or fentanyl,” Cohen said. “This harsh policy has torn apart families and neighborhoods and disproportionately impacted communities of color.”

The bill would open up Small Business Administration funding for cannabis companies and service providers. The act would create a 5-percent federal tax on cannabis products, which would create a fund to provide services to those “most adversely impacted by the War on Drugs.” It would also give business loans for licenses in the cannabis industry.

Banking on Cannabis

A Senate panel heard testimony last week on the challenges cannabis companies face without access to banks.

Running cash-only businesses is a security risk for owners, and potential owners have trouble raising capital. Also, any proceeds from cannabis-related activities remain subject to U.S. anti-money-laundering laws. Bankers and cannabis company leaders told federal lawmakers that laws now hamstring what could be a massive market opportunity.

Rachel Pross, Chief Risk Officer of Maps Credit Union, said Maps is the only bank in Oregon that has served the cannabis industry since 2014.

She said a Wharton School of Business report found that, in the absence of having a bank, one in every two cannabis dispensaries were robbed or burglarized — with the average thief walking away with anywhere from $20,000 to $50,000 in a single theft.

In 2017 and 2018, her bank has received $529 million in cash deposits from cannabis companies; $169 million this year.

“That’s millions of dollars that used to be carried around in backpacks and shoeboxes by legitimate, legal business owners in the state of Oregon, making them prime targets for thieves and other criminals.”

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CannaBeat: Feds Review Decriminalization, Access to Banks

Cohen and the MORE Act

Cannabis would be decriminalized nationwide and cannabis charges would be re-sentenced if a new federal law is passed.

Rep. Steve Cohen [D-Memphis] introduced the Marijuana Opportunity and Reinvestment and Expungement (MORE) Act Wednesday. He is joined on the bill by Rep. Jerrold Nadler [R-NY] and Sen. Kamala Harris [D-California].

The bill removes cannabis from the Controlled Substances Act, in which it is now labeled a Schedule I drug. This move would apply retroactively to prior and pending convictions. It requires federal courts to expunge prior cannabis convictions and allows prior offenders to request expungement. It also requires courts to conduct re-sentencing hearings for those still under supervision.

The bill would also open up federal public benefits (like housing) to those with past cannabis convictions.

“Currently, our laws treat marijuana as more dangerous than cocaine, methamphetamine, or fentanyl,” Cohen said. “This harsh policy has torn apart families and neighborhoods, and disproportionately impacted communities of color.

“The MORE Act will fix this and give us a sensible and workable cannabis policy. Importantly, the bill helps invests in the communities and people who have be most harmed by the War on Drugs.”

The MORE Act would also create a more-open environment for cannabis businesses. It would open up Small Business Administration funding for cannabis companies and service providers. The act would create a 5-percent federal tax on cannabis products.
[pullquote-2] Those funds would create the Opportunity Trust Fund. The fund would help provide services to those “most adversely impacted by the War on Drugs.” Services include job training, re-entry services, legal aid, literacy programs, youth recreation, mentoring, and substance use treatment. The fund would remove barriers to the same group of people for business loans licenses in the cannabis industry.

“Times have changed — marijuana should not be a crime,” said Sen. Harris. “We need to start regulating marijuana, and expunge marijuana convictions from the records of millions of Americans so they can get on with their lives.

“As marijuana becomes legal across the country, we must make sure everyone — especially communities of color that have been disproportionately impacted by the War on Drugs — has a real opportunity to participate in this growing industry.”

Banking on Cannabis

A Senate panel heard testimony Tuesday on the challenges cannabis companies face without access to banks.

Running cash-only businesses is a security risk for owners and potential owners have trouble raising capital. Also, any proceeds from cannabis-related activities remain subject to U.S. anti-money-laundering laws.

The hearing was called “Challenges for Cannabis and Banking: Outside Perspectives.” In it, bankers and cannabis companies said federal laws now hamstring what could be a massive market opportunity.

Watch the full hearing here.

Rachel Pross, Chief Risk Officer of Maps Credit Union, said her bank has tried to overcome some of those challenges for cannabis companies in Oregon. It is the only bank in Oregon that has served the industry since 2014, when cannabis was first legalized in the state. It is now one of the largest cannabis banks in the country.

Pross said a Wharton School of Business report found that, in the absence of having a bank, one in every two cannabis dispensaries were robbed or burglarized — with the average thief walking away with anywhere from $20,000 to $50,000 in a single theft.
[pullquote-1] “In 2017 and 2018 alone, Maps received well over $529 million in cash deposits from cannabis businesses,” Pross said. “So far this year, we’ve received another $169 million in cash deposits — meaning that we are on track to remove over $860 million in cash from the sidewalks of Oregon’s communities in just three years.

“That’s millions of dollars that used to be carried around in backpacks and shoeboxes by legitimate, legal business owners in the state of Oregon, making them prime targets for thieves and other criminals.”

Sen. Mike Crapo [R-Idaho] was the only Republican member of the committee to attend the hearing. The banking situation for cannabis companies now reminded Crapo of 2013’s Operation Choke Point. That federal operation targeted firearm dealers, payday lenders, and other companies believed to be at higher risk for fraud and money laundering.

“I have said this many times and I will say it again, Operation Choke Point was deeply concerning because law-abiding businesses were targeted strictly for operating in an industry that some in the government disfavored,” Crapo said. “Under fear of retribution, many banks have stopped providing financial services to members of these lawful industries for no reason other than political pressure, which takes the guise of regulatory and enforcement scrutiny.”

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Feds Debate Cannabis Laws While Arkansas Could Go Full Legal

Memphis Congressman Steve Cohen, a longtime proponent for cannabis-law reform, pushed his record-expungement legislation during a “historic” federal hearing last week on marijuana laws.

The hearing, before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, was called “Marijuana Laws in America: Racial Justice and the Need for Reform.”

The National Organization for the Reformation of Marijuana Laws (NORML) said the talks were historic, even though they didn’t yield any firm conclusions on current drug laws or next steps to reform them.

NORML/Facebook

NORML board member Rick Steves celebrated the “historic” House hearing.

“For the first time in a generation, there will be a candid conversation in the House Judiciary Committee that acknowledges the failures of marijuana prohibition in the United States, how this policy has adversely impacted tens of millions of Americans, and how it must be reformed at the federal level,” NORML political director Justin Strekal said in a statement.

Two main pieces of cannabis legislation sit before Congress. One would relax federal drug laws on cannabis in states that have legalized it in some way. Another would go further, seeking to give help to those communities disproportionately affected by current drug enforcement laws.

Cohen (D-Memphis) touted his Fresh Start Act, which, he said, he’s been pushing since his first year in Congress.

“It would say that if you have a non-violent offense and you had gone seven years without an offense in the federal system, you could get your record expunged,” Cohen said during the hearing.

Fully Legal in Arkansas?

Last week, a group announced plans for two 2020 ballot initiatives in Arkansas to allow recreational use of cannabis and to expunge the records of those with cannabis-related convictions.

The Drug Policy Education Group’s (DPEG) Arkansas Adult Use Cannabis Amendment would allow possession of the drug by those 21 and older for personal use. Adults there could possess up to four ounces of cannabis flower, two ounces of cannabis concentrate, and edible products containing cannabis with tetrahydrocannabinol (THC) content of 200 mg or less. They could also grow up to six cannabis seedlings and six cannabis flowering plants for personal use.

The group’s second proposal is called the Arkansas Marijuana Expungement Amendment. It would petition courts to release or reduce sentences and expunge the records of those convicted of cannabis offenses in the state.

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CannaBeat: Group Files Proposals for Recreational Cannabis in Arkansas

This week, a group submitted plans for two ballot initiatives in Arkansas to allow recreational use of cannabis and to expunge the records of those with cannabis-related convictions.

The Drug Policy Education Group’s (DPEG) Arkansas Adult Use Cannabis Amendment would allow possession of the drug by those 21 and older for personal use (with the understanding that cannabis is still illegal under federal law).

If approved, the state’s Alcohol Beverage Control Division would issue licenses to companies to cultivate, process, and sell cannabis and would make the rules governing the system and would have 120 days to do it all. If approved, recreational cannabis could be available in Arkansas by December 4th, 2020.

CannaBeat: Group Files Proposals for Recreational Cannabis in Arkansas

Licenses would be given to at least one dispensary in each Arkansas county and at  least 30 in every Congressional district. Cannabis farming licenses would be given to one company per 250,000 state residents. Dispensaries and farms would have to be at least 1,000 feet from a pre-existing school or church.

State sales taxes could be as high as 10 percent on retail sales of cannabis flower, cannabis concentrate, and edible products containing cannabis.

Taxes would go first to fund the state’s recreational cannabis regulatory system. The rest would be divvied up like so: 60 percent to fund and operate public pre-kindergarten and after school programs and 40 percent to fund the operations of the University of Arkansas for Medical Sciences.

Arkansas Cannabis Industry Association

CBD flower from The Bold Team, Arkansas’ supplier.

Cities and counties could prohibit commercial cannabis sales by a majority vote of their governing bodies.

Under the proposal, adult Arkansans could possess up to four ounces of cannabis flower, two ounces of cannabis concentrate, and edible products containing cannabis with a tetrahydrocannabiol (THC) content of 200 mg or less. They could also grow up to six cannabis seedlings and six cannabis flowering plants for personal use on residential property owned by the adult or with the written permission of the property owner.

The group’s second proposal is called the Arkansas Marijuana Expungement Amendment. It would petition courts to release or reduce sentences and expunge the records of those convicted of cannabis offenses in the state.

Those convictions include cannabis possession, cultivation, manufacture, distribution, or sale of less than 16 ounces of cannabis or six or fewer mature cannabis plants or cannabis paraphernalia.

Read the proposals in full here.

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CannaBeat: Cohen Pushes Record Expungement in Cannabis Hearing

NORML/Facebook

In honor of Tuesdays’ House hearing on cannabis, NORML board member Rick Steves will match donations to the organization this week.

A federal House panel considered national cannabis policy in a hearing Tuesday, one that was indicative of a growing support of legalization in Congress, according to one group.

The hearing, before the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security, was called “Marijuana Laws in America: Racial Justice and the Need for Reform.”

Two main pieces of cannabis legislation sit before Congress. One would relax federal drug laws on cannabis in states that have legalized it some way. Another would go further, seeking to give help to those communities disproportionately affected by current drug enforcement laws.

During Tuesday’s hearing, Rep. Steve Cohen (D-Memphis) touted his Fresh Start Act, which, he said, he’s been pushing since his first year in Congress. 

”It would say that if you have a non-violent offense and you had gone seven years without an offense in the federal system, you could get your record expunged,” Cohen said Tuesday. “Hopefully, we’ll have a chance to get that done.”

Marilyn Mosby, State’s Attorney for Baltimore City, Maryland responded, “People are suffering from collateral consequences…as a result of a marijuana conviction… The collateral consequences extend to federal loans, it extends to housing, it extends to adoption, it extends to access to health care. These collateral consequences extend to employment, professional licenses – I mean, every sort of the basic necessities of life.”

See Cohen’s full statements during the panel here:

CannaBeat: Cohen Pushes Record Expungement in Cannabis Hearing

While House members did not come to any firm conclusions on the matter Tuesday, it was a step forward, according to NORML political director Justin Strekal.

“For the first time in a generation there will be a candid conversation in the House Judiciary Committee that acknowledges the failures of marijuana prohibition in the United States, how this policy has adversely impacted tens of millions of Americans, and how it must be reformed at the federal level,” said Strekal in a statement. “The ongoing classification under federal law of cannabis as a Schedule I controlled substance — a categorization that treats it in the same manner as heroin — is intellectually dishonest and has been scientifically debunked.

[pullquote-1]

“It is high time that Congress address this Flat-Earth policy and move forward with a plan that appropriately reflects marijuana’s rapidly changing cultural status in America.”

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Hemp-a-see!

The Tennessee Department of Agriculture (TDA) announced a slate of rule changes for the state’s hemp program, following a pilot program.

“Farmers have been growing and researching this crop in Tennessee since the program began in 2015 as a pilot program,” Tennessee Agriculture Commissioner Charlie Hatcher said in a statement. “The hemp industry and federal laws have changed in recent years, and we’re updating our program rules to be more consistent with how other crop programs are managed.”

Tennessee Department of Agriculture

Some fine (and legal!) Tennessee hemp.

The biggest change is that the application period for a license to grow hemp is now open year-round. Licenses will expire June 30th of each year, and all grower licenses issued in 2019 will expire June 2020.

 Other program changes include:

• Hemp processors will no longer be required to register through TDA.

• The hemp program will no longer issue licenses for certified seed breeders.

• Growers will still need movement permits when transporting rooted plants and are now required to be permitted when moving harvested hemp from their growing site.

 TDA has licensed more than 2,900 hemp growers in 2019. In 2018, TDA approved 226 hemp producer applications.

 Federal and state laws require Tennessee hemp growers be licensed through TDA’s hemp program. While the 2018 Farm Bill removed hemp from the list of federally controlled substances, it remains illegal to grow hemp without a license through an approved state program.

Harken to Arkansas

Two new medical cannabis dispensaries are slated to open in Arkansas this month. 

Only two dispensaries were ready to rock at the starting gun for medical cannabis sales in Arkansas last month. In the first three weeks, Doctor’s Orders and Green Springs Medical — both in Hot Springs — sold 107.83 pounds of medical marijuana in 9,941 transactions.

But the Arkansas Medical Marijuana Commission said Arkansas Natural Products, located in Clinton, was slated for inspection by state agents last week and could open then “if everything required is in place.” Also, Delta Cultivators (doing business as Greenlight Dispensary), located in Helena-West Helena, announced it wanted to open by mid-June, but an inspection date had not been confirmed.

Natural State Medicinals Cultivation became the state’s second cannabis cultivator to deliver product to dispensaries last week. Bold Team LLC was the first cultivator on the market. Both companies are located in Jefferson County (Pine Bluff).

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Council Recap: Memphis 3.0, Pre-K, & Cannabis

Some Memphis City Council members raised questions Tuesday about the Memphis 3.0 plan, a comprehensive plan that will guide the city’s investments and developments for the next 20 years.

City officials presented the plan to a council committee Tuesday ahead of the first of three votes on an ordinance approving the plan in two weeks.

Councilwoman Cheyenne Johnson said she was “impressed” with the plan, but still had several lingering questions.

“What’s in here that might not be fully disclosed because of how people might interpret what’s actually written?” Johnson asked.

[pullquote-1]

Johnson also inquired about the 15,000 Memphis residents said to have participated in creating the 3.0 plan.

“Who were those 15,000 individuals?” she said. “How many of those were developers or builders? What are the classifications of the 15,000 which still represents less than 3 percent of the population?

”Do you think this is an adequate number to set out a plan that will be in place for the next 20 years?”

Ashley Cash, Memphis’ comprehensive planning administrator, said the city “made every effort” to have broad participation from the public, which meant developers, stakeholders, and residents were involved.

Johnson also wanted to know if the plan will guide equitable investments in the city and if the efforts will be balanced across all Memphis neighborhoods.

John Zeenah, who heads the Memphis and Shelby County Division of Planning and Development said the anchors, or places identified in the plan for further development, are “evenly distributed” around the city.

Councilman Reid Hedgepeth expressed concerns about the unintentional consequences the plan could have.

“There’s a lot of things that I have heard from developers, from builders, and from people saying, ‘Wait, I’ve got to do what?’” Hedgepeth said. “These are things that I didn’t know. How can you assure us when we approve these 400 pages it’s not going to be similar to the UDC (Unified Development Code) and we had unintended consequences when we approved it.”

Josh Whitehead with the city/county Office of Planning and Development told Hedgepeth that the plan will be updated and amended frequently to keep it “relevant.”

Council members also asked for the “big bullet points” from the 400-page document, highlighting how things will change once the plan takes effect.

The council will take its first of three votes on an ordinance to adopt the plan in two weeks.

Memphis 3.0 planning meeting


The council also passed an ordinance that enables the city and county to appoint a fiscal agent to manage its pre-K fund.

This move comes as an $8 million grant that funds 1,000 pre-K seats in the county is set to run out in June. Now, the city and county are on track to fund those 1,000 seats plus an additional 1,000 beginning this fall.

The city/county joint ordinance paves the way for a fiscal agent to be appointed. The agent would be responsible for managing the fund, bringing in private dollars, and creating a high-quality pre-K program.

The Shelby County Commission will vote on a similar ordinance at its March 25th meeting.


The council also approved a resolution supporting three cannabis-related bills introduced by Tennessee lawmakers. The bills deal with decriminalization of certain amounts, medical marijuana, and taxation of cannabis.

The resolution, sponsored by council members Berlin Boyd and Martavius Jones, passed with a 5-4 vote.

Councilman J. Ford Canale, one of the members voting no, said he supports legalizing medical marijuana, but not decriminalization of the drug for other uses.

Boyd said that decriminalizing small amounts of cannabis would help the number of Memphians who have felony charges because of marijuana possession.


A vote to impose a plastic bag surcharge at certain retail stores was delayed until May, as state legislators are working on a bill to prohibit local governments from putting those types of fees in place.

The fee is meant to curb plastic bag usage to reduce litter, especially in the city’s waterways, Boyd, who is sponsoring the resolution, has said.

Tuesday Boyd said the fee would be 4 cents, instead of the 7 cents he first proposed last year. If approved, it would take effect January 2020.

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City Council Considers Backing Legislation on Cannabis

The Memphis City Council will consider a resolution expressing its support for cannabis-related bills introduced in the ongoing Tennessee General Assembly legislative session.

Councilman Martavious Jones, who is sponsoring the resolution, said the bills deal with decriminalization for certain amounts, taxation of cannabis, and medical marijuana.

“The only way the council speaks is through resolution,” Jones said. “We can have our individual opinions as council members, but it doesn’t mean anything unless there’s an affirmative vote taken by this body.”

Here are the bills Jones is asking the council to support:

Introduced by Democrat Sara Kyle of Memphis, SB 0256 would decriminalize possession of less than an ounce of marijuana in Tennessee. The accompanying House bill is HB 0235, introduced by Democrat Gloria Johnson of Knoxville.

The second pair of bills relates to the taxation of marijuana. In the Senate, Kyle introduced SB 0257, which would change the definition of marijuana for purposes of taxation on unauthorized substances to match the definition of marijuana as it applies to criminal offenses. The bill is coupled by HB 1197, sponsored by Larry Miller, a Democrat from Memphis.

The last set of bills would allow medical marijuana cardholders with cards issued in other states to possess and distribute less than one-half ounce of marijuana to other cardholders in Tennessee. The bills, SB 0260 and HB 0234, are sponsored by Kyle and Johnson, respectively.

Jones told his council colleagues that, looking at the national landscape, the stigma associated with cannabis is “being lifted.”

“When you look at the mass incarceration taking place disproportionately in the communities we represent, this is a step toward addressing those issues,” Jones said.

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Where Each Tennessee Congressman Stands on Cannabis

As cannabis legalization becomes more common throughout the country, the majority of Tennessee legislators haven’t made any moves toward legalizing the plant here. Rep. Steve Cohen, by far, has shown the most support for cannabis legalization.

Tennessee is one of 20 states with no broad laws legalizing marijuana, while 30 states and the District of Columbia have legalized the herb for either medical or recreational use.

The information in the charts below comes from the Cannabis Voter Project, which aims to “educate Americans about how voting can impact cannabis policy.” The project was launched by HeadCount, a non-partisan organization working to increase voter engagement.

Here are where the Senators stand.


And here are where the Representatives stand.