In 1996, California became the first state to legalize medical cannabis. Since then, 36 states (and four U.S. territories) have followed suit, keeping pace with rapidly evolving policies and attitudes toward cannabis. In addition to the widespread legalization of medical cannabis, 18 states, two territories, and the District of Columbia have legalized cannabis for adult use.
As one of 14 states that have not legalized medical cannabis under state law, Tennessee is in the minority, even in the South. In fact, five of Tennessee’s neighboring states have legalized cannabis for either medical (Alabama, Arkansas, Georgia, and Missouri) or adult use (Virginia). And Mississippi appears to be on the verge of legalizing medical cannabis, too (as we’ve written about here, here, and here).
Tennessee’s current policy regarding cannabis does not appear to reflect the attitudes of its voters. According to a 2018 poll conducted by Middle Tennessee State University, most Tennesseans (approximately 81%) support some form of legalization, with 44% supporting medical use and 37% supporting adult-use legalization. This widespread popularity has even caught the attention of some Tennessee state representatives who are personally opposed to legalizing medical cannabis.
For example, Rep. Bruce Griffey (R-D75) introduced legislation last July that would have required county election commissions to place three non-binding questions on the ballot asking voters whether Tennessee should (1) decriminalize possession of small amounts of marijuana; (2) legalize medical marijuana; or (3) legalize adult-use marijuana. Rep. Griffey released a statement clarifying that while he was personally “against the legalization of marijuana,” his “personal opinion should not dictate” that marijuana remains illegal under state law if legalization is what Tennessee voters want.
So where does Tennessee stand on medical cannabis now? And where might it head? These questions are the focus of this article, which is the first in our series on cannabis in Tennessee.
Wait, Tennessee Already Has a Medical Cannabis Program?
Some readers may be surprised to learn that Tennessee technically has a medical cannabis program in place. Legislation that took effect in May 2021 allows individuals with certain qualifying conditions and a physician’s recommendation to possess cannabidiol (CBD) oil containing up to 0.9% THC. Notably, Tennessee’s 0.9% THC threshold is three times greater than the 0.3% THC limit for legal “hemp” under federal law (which we wrote about here). The 0.3-0.9% THC oil authorized by Tennessee law thus qualifies as federally illegal “marijuana” under the Controlled Substances Act.
In practical terms, Tennessee’s program is so limited that it does little to change the status quo. The program’s underlying issue is that it does not provide for in-state production of CBD oil containing THC greater than the 0.3% federal limit. As a result, qualified Tennessee patients must procure their “medical cannabis” oil outside the state. Coupling this in-state production ban with the restrictive 0.9% THC limit shows Tennessee’s current statutory regime to be a “medical cannabis program” in name only.
Tennessee Medical Cannabis Commission – An Important First Step
But change may be on the horizon. The same statute that…
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