MEDICAL MARIJUANA OPERATIONS
This bill authorizes the following:
(1) A licensed medical marijuana grower acting within the scope of the grower's license to (i) operate a facility to grow marijuana for sale or transfer to a medical marijuana establishment, (ii) possess medical marijuana or medical marijuana-related products, and (iii) conduct public tours of the facility;
(2) A medical marijuana processor acting within the scope of the processor's license to (i) produce medical marijuana products for sale or transfer to a medical marijuana dispensary, (ii) possess raw marijuana or marijuana-related raw materials for the production of products, and (iii) conduct public tours of the facility;
(3) A medical marijuana dispensary acting within the scope of the medical marijuana dispensary license to (i) possess medical marijuana and medical marijuana products; (ii) transfer or sell medical marijuana, medical marijuana products, and medical marijuana-related products to an adult qualifying patient or another medical marijuana establishment; and (iii) conduct public tours of the facility;
(4) A medical marijuana transporter acting within the scope of the transporter's license to transport or transfer medical marijuana and medical marijuana products between medical marijuana establishments; and
(5) A medical marijuana laboratory facility acting within the scope of the facility's license to (i) possess, test, and transport medical marijuana, medical marijuana products, and medical marijuana-related products; (ii) conduct research on medical marijuana and products; (iii) provide test results to businesses for compliance with any standards established by the department of agriculture ("department"); (iv) conduct public tours of the facility; and (v) perform other laboratory practices to effectuate the purposes of this bill as necessary.
This bill authorizes a person who is issued a medical marijuana establishment license pursuant to this bill to operate multiple medical marijuana establishments within that specific license class, except that a person issued a medical marijuana grower license must obtain a separate license for each class described in this bill. This bill does not restrict a person who meets applicable issuance requirements from obtaining more than one class of medical marijuana establishment license and operating one or more establishments within each class of license issued.
This bill requires, upon request, facilities licensed under this bill to provide necessary, scientific information and data, as determined by the department of agriculture or the department of health, to the medical cannabis commission for publishing.
MEDICAL MARIJUANA USE
This bill authorizes a person to engage in the personal use of medical marijuana if the person (i) is a resident of this state; (ii) is 18 or older or a minor with parental or guardian approval; and (iii) is a qualifying patient who has received a healthcare practitioner's recommendation stating that person has been diagnosed, via either an in-person consultation or a telehealth consultation, with at least one qualifying condition.
As used in this bill, a "qualifying condition" means any of the following medical diagnoses made by a healthcare practitioner: (i) cancer; (ii) epilepsy; (iii) glaucoma; (iv) anxiety; (v) insomnia; (vi) a terminal illness; (vii) intractable migraines unresponsive to other treatment; (viii) a chronic medical condition that causes severe, persistent pain or persistent muscle spasms; (ix) debilitating psychiatric disorders, if diagnosed by a state-licensed psychiatrist; (x) a chronic medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication; or (xi) in the professional judgment of a healthcare practitioner, any other chronic debilitating or other medical condition.
This bill authorizes a person who is authorized to engage in the personal use of medical marijuana under this bill to possess, store, or process medical marijuana on the premises of the person's private residence, so long as the medical marijuana:
(1) Is stored in a child-resistant container or somewhere with restricted access to minors; and
(2) Is in an amount that does not exceed one ounce of dried flower, eight grams of marijuana concentrate, or eight thousand milligrams of THC-infused product, or any combination thereof; so long as the total amount of medical marijuana does not exceed the equivalent of one ounce of dried flower.
This bill authorizes a person to possess, transport, or transfer to another person, without remuneration, a medical marijuana-related product if the person is (i) an adult who is authorized under this bill for the personal use of medical marijuana; (ii) a primary caregiver for the provision and administering of medical marijuana to a qualifying patient; or (iii) a director, manager, employee, or agent of a medical marijuana establishment.
This bill authorizes a parent, legal guardian, conservator, or primary caregiver to administer for medical purposes a medical marijuana product, excluding a smokable product, to a minor or other persons for whom the parent, guardian, or conservator has legal authority to provide for the care, supervision, and control.
PROTECTION FROM LEGAL ACTION
This bill prohibits a person from being subject to the denial of any right or privilege or to arrest, prosecution, forfeiture of property, or penalty, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or other like instrumentality solely due to conduct authorized under this bill or the First Amendment of the U.S. Constitution. The fact that a person engages in conduct authorized by this bill does not in itself constitute grounds for denying, limiting, or restricting conservatorship or possession of or access to a child. Unless expressly required by federal law, a person in compliance with this bill must not be denied eligibility, based on acts authorized under this bill, for a public assistance program.
This bill authorizes an employer to establish policies permitting, restricting, or prohibiting the use of medical marijuana or medical marijuana products in the workplace. This bill does not prohibit an employer from the following:
(A) Disciplining an employee for using medical marijuana or a medical marijuana product in the workplace or for working while under the influence of medical marijuana or a medical marijuana product; or
(B) Considering a job applicant's use of marijuana as a basis for refusing to hire the applicant for employment responsibilities described in the law regarding required drug or alcohol tests, as long as that consideration, including testing of the applicant, is consistent with and appropriate in its application to the employer's hiring policy with regard to other adulterants that cause a refusal of hiring for an applicant, including the time segment under review, so as to not disproportionately restrict the legal rights of the applicant.
This bill provides that for purposes of eligibility for benefits under the Tennessee Employment Security Law, the use of medical marijuana or a medical marijuana product, when there is no other action or cause by the employee or reason for the termination, must not be deemed a discharge for misconduct under that law or otherwise a termination for cause.
This bill prohibits the use of medical marijuana or medical marijuana products or status as a licensee under this bill or under the law regarding hemp, from being grounds for the denial or infringement of the right to own, purchase, or possess a firearm, ammunition, or firearm accessory under state law.
PROHIBITION ON PRIVATE PROPERTY
This bill authorizes a person to prohibit or restrict the possession, consumption, cultivation, distribution, processing, sale, or display of marijuana or marijuana products on property the person owns, occupies, or manages. However, this bill prohibits a person from prohibiting a residential tenant under a lease agreement from possessing medical marijuana, medical marijuana products, or marijuana-related products or consuming medical marijuana by means other than smoking on the premises.
VIOLATIONS
This bill does not authorize smoking or otherwise consuming medical marijuana in the following:
(1) A motor vehicle that is being operated on a public roadway;
(2) An aircraft, while the aircraft is in flight or in a public area;
(3) A watercraft, while the watercraft is on the public waters of this state; or
(4) A public place, unless (i) the public place is an area designated by a political subdivision as an area where using cannabis is permissible; and (ii) the area is not accessible to minors.
This bill does not authorize possessing or consuming medical marijuana or medical marijuana products on (i) the premises of a public or private child care facility, prekindergarten, or elementary or secondary school; (ii) a school bus that serves a facility or school; or (iii) the premises of a correctional facility.
This bill also does not authorize the separation of resin from the marijuana plant by butane extraction or another method that uses a substance with a flashpoint above 100 degrees Fahrenheit in a public place or motor vehicle or within the curtilage of a residential structure.
This bill provides that a person commits an offense if the person, under the authority of this bill, knowingly sells, gives, or causes to be sold or given, medical marijuana or a medical marijuana product to a minor, or another person who intends to deliver the medical marijuana or medical marijuana products to a minor, except as authorized by this bill.
However, this bill provides that it is a defense to prosecution under the above provision that the person to whom the marijuana or marijuana product was sold or given presented apparently valid proof of identification. For purposes of this bill, "apparently valid proof of identification" means a government-issued photo identification that contains a physical description and photograph consistent with the person's appearance and purports to establish that the person is 18 or older.
This bill also provides that it is unlawful for a person to sell medical marijuana or medical marijuana products except from a medical marijuana establishment operating in compliance with all laws governing the sale of medical marijuana or medical marijuana products under this bill and in accordance with a valid license.
This bill provides that a first, second, or third offense is a Class C misdemeanor. A fourth or subsequent offense is a Class A misdemeanor, and if the violator is a licensee, the violator's license must be revoked for a period of two years.
DUTIES OF THE DEPARTMENT – RULE PROMULGATION
This bill requires the department to implement and administer this bill. The department, except where otherwise provided, must promulgate all necessary rules for the administration and enforcement of this bill.
This bill requires the department to promulgate rules for the reasonable regulation of medical marijuana establishments and medical marijuana research facilities, including rules that:
(1) Establish standards for (i) the operation of medical marijuana testing facilities, (ii) the testing of medical marijuana, and (iii) the secure transportation of medical marijuana by medical marijuana transporters, including standards to ensure all medical marijuana establishments and medical marijuana research facilities are properly served;
(2) Restrict the use and presence of dangerous pesticides, heavy metals, mycotoxins, solvents, microbial life, other toxins, and other foreign matter and determine acceptable levels of contaminants;
(3) Regulate the packaging and labeling of medical marijuana products available at medical marijuana dispensaries, including requirements regarding child-resistant packaging and the use of a universal symbol;
(4) Restrict advertising and display of medical marijuana and medical marijuana products;
(5) Restrict the maximum amount or regulate the serving size of THC that may be contained in a medical marijuana product authorized to be sold;
(6) Require recordkeeping and monitoring for identification of a production batch or test batch through the use of a batch number;
(7) Require recordkeeping for any remediation conducted by a medical marijuana establishment;
(8) Require recordkeeping and monitoring to track the transfer of medical marijuana and medical marijuana products between medical marijuana establishments or licensees;
(9) Require security measures so long as the security measures do not restrict the cultivation of medical marijuana outdoors or in greenhouses;
(10) Limit the proximity of medical marijuana establishments to community facilities and elementary and secondary schools so long as (i) the director of schools may sign a waiver of the proximity restriction and allow a medical marijuana establishment to be located within the limit, and (ii) the establishment of a school or community facility after a medical marijuana establishment is established at its location does not restrict or adversely affect the operation of the medical marijuana establishment and any proximity restriction that would apply pursuant to a rule promulgated in accordance with this bill must not apply to such medical marijuana establishment; and
(11) Establish criteria and a process for sanctioning research projects and licensing medical marijuana research facilities, including criteria and a process by which a medical marijuana research facility may request and receive public money for research projects.
As used in the bill, a "community facility" means a licensed child care center, public park, a public playground, a public swimming pool, a community center, the primary purpose of which is to provide recreational opportunities or services to children, or a place of worship.
This bill requires the department of health to promulgate rules and forms necessary to facilitate the use of medical marijuana by qualifying patients under this bill, including protocols, standards, and conduct for healthcare practitioners and primary caregivers. In promulgating rules and forms, the department must consider and prioritize the process by which patients, healthcare practitioners, and primary caregivers are able to document recommendations for the medical use of medical marijuana or medical marijuana products. The department of health must publish such forms on the department's website.
This bill requires the department of financial institutions to promulgate rules necessary to protect and facilitate the needs of businesses and banking institutions in order to expedite a cash and cashless system of processing proceeds from the sale of medical marijuana and medical marijuana products.
This bill requires the department of veterans services to assist and protect veterans, their families, and dependents, who participate in the state program under this bill, in maintaining all benefits, both federal and state, in the presentation, proof, and establishment of all claims, privileges, rights, and other benefits that they may have under federal, state, or local law, and to cooperate with all national, state, and local government and private agencies securing services or any benefits to veterans, their families, and dependents.
This bill prohibits the department of agriculture from taking adverse action or taking any action that may adversely and directly affect this state's hemp industry or hemp-related businesses, including businesses seeking to be licensed under this bill.
FEES
This bill requires the department by rule to set application and license fees under this bill in amounts sufficient to administer this bill, except as otherwise provided in this bill. An applicant for a license described in the above provision must have $25,000 in liquid assets available at the time of application and must provide proof of such.
This bill provides that application and license fees are as follows:
(1) The following medical marijuana micro-grow license fees: (i) $3,000 for the application, of which 90 percent is refundable if the application is not accepted; (ii) an initial license fee of $20,000; and (iii) an annual license renewal fee of $10,000;
(2) The following medical marijuana medium-grow license fees: (i) $5,000 for the application, of which 90 percent is refundable if the application is not accepted; (ii) an initial license fee of $25,000; and (iii) an annual license renewal fee of $15,000;
(3) The following medical marijuana mega-grow license fees: (i) $10,000 for the application, of which 90 percent is refundable if the application is not accepted; (ii) an initial license fee of $30,000; and (iii) an annual license renewal fee of $20,000;
(4) The following medical marijuana macro-grow license fees: (i) $15,000 for the application, of which 90 percent is refundable if the application is not accepted; (ii) an initial license fee of $75,000; and (iii) an annual license renewal fee of $50,000;
(5) The following medical marijuana processor license fees: (i) $15,000 for the application, of which 90 percent is refundable if the application is not accepted; (ii) an initial license fee of $50,000; and (iii) an annual license renewal fee of $25,000;
(6) The following medical marijuana dispensary license fees: (i) $15,000 for the application, of which 90 percent is refundable if the application is not accepted; (ii) an initial license fee of $50,000; and (iii) an annual license renewal fee of $1,000;
(7) The following medical marijuana transporter license fees: (i) $1,000 for the application, of which 90 percent is refundable if the application is not accepted; (ii) an initial license fee of $5,000; and (iii) an annual license renewal fee of $1,000; and
(8) The following medical marijuana laboratory license fees: (i) $3,000 for the application, of which 90 percent is refundable if the application is not accepted; (ii) an initial license fee of $20,000; and (iii) an annual license renewal fee of $10,000.
This bill prohibits any fees for a qualifying patient license from exceeding $100 in total and any fees for a primary caregiver license from exceeding $500 in total.
This bill authorizes fees specified in this bil or promulgated by rule to be adjusted annually for inflation. However, any adjustment must be set by rule.
CONFLICTS OF INTEREST
This bill prohibits a person who is involved in the implementation, administration, or enforcement of this bill as a member or employee of the department, or a consultant to the department, from also holding a pecuniary interest in any entity licensed by the department under this bill. This bill also prohibits a person, or that person's spouse, who holds a pecuniary interest in a medical marijuana testing facility that holds a license issued under this bill from holding a pecuniary interest in any entity that holds a medical marijuana dispensary, me