This bill creates the Tennessee medical cannabis commission to serve as a resource for the study of federal and state laws regarding medical cannabis and the preparation of legislation to establish an effective, patient-focused medical cannabis program in this state upon the rescheduling or descheduling of marijuana from Schedule I of the federal Controlled Substances.
The commission will consist of nine members appointed as follows:
(1) The speaker of the senate will appoint three members, with one from each grand division and at least one member being a physician and one member being a pharmacist;
(2) The speaker of the house of representatives will appoint three members, with one from each grand division and at least one member being a physician and one member being a pharmacist; and
(3) The governor will appoint three at-large members.
This bill set outs staggered initial terms for the members, and establishes terms of four years upon the expiration of the initial terms.
Members must be at least 30 years of age and must have been residents of this state for at least two years preceding their appointment. A person who has an economic interest in a business enterprise devoted to medical cannabis will be ineligible for appointment to the commission. This bill prohibits a commission member from acquiring an economic interest in a business enterprise devoted to medical cannabis during the member's term on the commission or within 12 months following the expiration of the member's term. The commission will take adverse action, which may include a denial or suspension of a medical cannabis license for up to two years, against a business enterprise devoted to medical cannabis that provides an economic interest to a commission member during the member's term or within 12 months following the expiration of the term.
The official domicile of the commission will be in Nashville, and all commission meetings must be held in Nashville. This bill requires that the commission be impaneled and hold its first meeting no later than October 1, 2021, at which time, and annually thereafter, the members will elect a chair and other officers as the members deem necessary. The commission must meet at least once every two months prior to March 1, 2023, and hold other meetings for any period of time as may be necessary for the commission to transact and perform its official duties and functions. Beginning March 1, 2023, the commission may meet less frequently than once every two months; however, the commission must set and hold regular meetings necessary for the commission to transact and perform its official duties and functions. Commission members will be reimbursed for travel expenses.
This bill requires the commission to appoint an executive director qualified by education and experience. The executive director must demonstrate knowledge and experience in the areas of public administration and health policy development. The commission will fix the salary of the executive director. This bill sets out the duties of the executive director.
This commission will be attached to the department of health for administrative matters relating to budgeting, audit, and other related items, and for additional administrative support, including the use of information technology systems, human resources support, and clerical assistance.
This bill provides that in anticipation of a potential rescheduling or descheduling of marijuana from Schedule I of the federal Controlled Substances Act the commission will examine federal laws, the effectiveness of other states' laws and legislation, and laws and legislation in this state relating to the medical use of cannabis, specifically considering issues relating to, among other things, patient qualification, the role of pharmacists in medical cannabis programs for recommending, prescribing, and dispensing medical cannabis, and licensing and regulation of facilities and providers of medical cannabis services. This bill requires the commission to prepare recommendations for how best to establish an effective, patient-focused medical cannabis program in this state and include proposed legislation in its recommendations, including provisions that create an independent and financially self-sufficient commission, to be governed by its appointed members, to administer the program.
The commission will report its findings and recommendations to the general assembly relating to the medical use of cannabis in this state. The report must be submitted in writing to the chief clerks of the senate and the house of representatives and the legislative librarian no later than January 1 of each year, beginning in 2022. This bill schedules the commission for sunrise review on June 30, 2023.
ON MAY 4, 2021, THE SENATE ADOPTED AMENDMENT #5 AND PASSED SENATE BILL 118, AS AMENDED.
AMENDMENT #5 removes the requirement that the speakers' appointees to the medical cannabis commission be from different grand divisions, requires the governor's appointees to be from different grand divisions, and adds a requirement that all of the appointing authorities select persons who are diverse in race, color, sex, ethnicity, national origin, and age, as reflected in the population of this state.
This amendment adds to this bill's conflict of interest prohibition by prohibiting persons with an economic interest in a business enterprise devoted to recreational cannabis or hemp (in addition to medical marijuana) from serving on the commission.
This amendment adds that five affirmative votes are required to adopt or report out a resolution or recommendation.
This amendment requires that the commission's executive director demonstrate knowledge and experience in the areas of public administration, public health, or law enforcement.
This amendment adds issues related to a standard of care for medical cannabis to the issues that the commission must consider.
This amendment adds a requirement that commission prioritize the recommendations for the creation of a patient registration process or program that includes patients with a qualifying medical disease or condition recommended by the commission.
This amendment requires the commission to include with its recommendations regarding self-sufficiency a strategy for repaying the state general fund for appropriations it receives to establish the commission and any subsequent medical cannabis program.
The full text of this amendment defines several terms that are used in this bill.
Present law excepts certain substances made from cannabis from the definition of marijuana. Among the exceptions is oil containing the substance cannabidiol, with less than 0.9% of tetrahydrocannabinol (THC), if:
(1) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than 0.9% of THC; and
(2) The person in possession of the oil retains proof of the legal order or recommendation from the issuing state and proof that the person or the person's immediate family member has been diagnosed with intractable seizures or epilepsy by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in the state of Tennessee.
This amendment adds a similar exception for oil containing the substance cannabidiol, with less than 0.9% of THC for use by a person with:
(1) Alzheimer's disease;
(2) Amyotrophic lateral sclerosis (ALS);
(3) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain;
(4) Inflammatory bowel disease, including Crohn's disease and ulcerative colitis;
(5) Epilepsy or seizures;
(6) Multiple sclerosis;
(7) Parkinson's disease;
(8) Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); and
(9) Sickle cell disease.
The exception created by this amendment would differ from the present law exception for treatment oil used for persons with intractable seizures or epilepsy in that:
(1) The label include the manufacturer's name and the expiration date, batch number or lot number, and THC concentration strength of the oil; and
(2) The person in possession of the oil must retain proof that the person or the person's immediate family member has a valid letter of attestation, which this amendment defines to mean a letter signed and dated by a practitioner with whom the patient has a bona fide practitioner-patient relationship, that:
(A) Attests that the patient has a medical disease or condition identified in (1)-(9);
(B) Specifies the patient's qualifying medical disease or condition;
(C) Attests that the patient has received conventional methods of treatment for the patient's qualifying medical disease or condition and those methods have insufficiently addressed the patient's disease or condition, or symptoms of the disease or condition; and
(D) Is only valid six months from the date of the practitioner's signature, or to a date certain that is less than six months from the date of the signature if specified by the practitioner.

Statutes affected:
Current Version: 4-29-244(a), 4-29-244
Amended with SA0455 -- 05/04/2021: 4-29-244(a), 4-29-244, 39-17-402(16)(F), 39-17-402