Cannabis in Tennessee
It is illegal to use or possess the drug cannabis in Tennessee, United States,[1] with possession of even small amounts being a criminal misdemeanor, but there are limited legal allowances for non-psychoactive CBD oil as medical cannabis.
Contents
2015 legalization of CBD oil[edit]
In May 2015, Tennessee governor Bill Haslam signed Senate Bill 280 into law, against his earlier opposition. The bill legalized the possession and use of marijuana to treat a limited number of severe conditions, including epilepsy. The bill has no provisions for legal sale, thus requiring patients to acquire the drug outside the state of Tennessee; possession of CBD oil without proof that it was obtained legally outside of Tennessee was a misdemeanor.[2]
2017 Legalization of Industrial Hemp Products in Tennessee grown under state research Program Rules authorized by Section 7606 of the 2014 Farm Bill and written by the Tennessee Dept of Agriculture.[edit]
HB 1164 Amended Title 43, Chapter 1, Part 7; Section 43- 26-102 and Section 43-26-103, relative to industrial hemp. [3]. Legalized the growth, manufacture, possession and sale of Cannabis with less than .3% Delta 9 THC when grown as part of the Industrial Hemp Research Program authorized by Section 7606 of the 2014 Farm Bill (Federal Law) by licensed grower and products produced by licensed producer according to rules promulgated by the Tennessee Dept of AGriculture signed by Governor Haslam on May 11, 2017. [4]
The relevant sections of the latest amendment to Title 43, Chapter 1, Part 7; Section 43- 26-102 and Section 43-26-103, is below.
(4) "industrial hemp": (A) Means the plants, plant parts, or whole plant extract, whether in manufacturing process or reconstituted, of the genera cannabis that do not contain a delta-9 tetrahydrocannabinol (THC) concentration more than threetenths of one percent (0.3%) on a dry mass basis and that are grown: (i) From seed or propagules from seed certified by a certifying agency, as defined in $ 43-10-103; (ii) From seed or propagules derived from landrace varieties of industrial hemp; or (iii) By an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences; and (B) lncludes any industrial hemp-derived products that do not contain more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC) in a topical or ingestible consumer product. SECTION 2. Tennessee Code Annotated, Section 43-26-103, is amended by deleting subsections (b) and (c) in their entireties and substituting instead the following: (b) Any person who grows or processes industrial hemp in this state must obtain an annual license from the department of agriculture. ln order to obtain and maintain an industrial hemp license, the grower or processor must consent to reasonable inspection by the department of agriculture of the person's industrial hemp crop and inventory. (c) Viable industrial hemp in the possession or control of a person licensed by the department as a grower or processor shall not be considered marijuana under S 39-17- 415. Non-viable industrial hemp or any product made from non-viable industrial hemp procured through a grower or processor licensed by the department, or otherwise procured in accordance with the department's rules, shall not be considered marijuana under S 39-1 7-415. (d) The department of agriculture shall register landrace varieties of industrial hemp for the purpose of providing notice to licensed growers and processors of which landrace varieties of hemp are industrial hemp. (e) The department of agriculture shall promulgate rules, including rules establishing reasonable fees for industrial hemp licenses, necessary to implement and administer an industrial hemp program in this state on an ongoing basis. All revenue collected from fees established pursuant to this subsection (e) shall be used exclusively for administration of the industrial hemp program and regulation of industrial hemp. SECTION 3. This act shall take effect upon becoming law, the public welfare requiring it.
Municipal decriminalization[edit]
At the start of 2015 the Tennessee chapter of the National Organization for the Reform of Marijuana Laws launched a petition to place a referendum on the November ballot for Davidson County (in which Nashville falls) to defund local law enforcement prosecution against possession of small amounts of marijuana.[5] The measure failed to reach the ballot, as by the 6 August deadline the movement had only collected about 4,000 of the required 6,845 signatures to get the measure onto the ballot.[6]
In 2016, both Nashville and Memphis succeeded in decriminalizing possession of small amounts of cannabis, with Memphis reducing punishment to a $50 fine.[7]
Enforcement[edit]
In 2016 the Daily Helmsman noted that Tennessee spent $43 million in 2010 on prosecuting the 42% of their drug arrests which were for a half-ounce of marijuana or less.[7]
References[edit]
- ^ Tennessee considers minor reduction in harsh penalties for possession
- ^ Alan Frio. "Gov. Haslam signs cannabis oil bill". WSMV Channel 4. Retrieved 2015-08-25.
- ^ http://publications.tnsosfiles.com/acts/110/pub/pc0369.pdf
- ^ https://www.tn.gov/agriculture/farms/hemp.html
- ^ "Referendum on marijuana prosecution sought in Nashville". Tennessean.com. 2015-01-15. Retrieved 2015-08-25.
- ^ Joey Garrison, The Tennessean (2015-05-18). "Marijuana push falls short in Nashville". Wbir.com. Retrieved 2015-08-25.
- ^ a b "Arkansas follows nationwide trend to legalize marijuana". dailyhelmsman.com. Retrieved 2016-11-05.
