Next week a Tennessee legislative committee will consider the Free All Cannabis for Tennesseans Act to legalize recreational marijuana.
House Bill 85 was filed last month by State Representatives Bob Freeman and John Clemmons. Today, the measure was placed on the calendar for consideration on March 12 in the Criminal Justice Subcommittee. This is a necessary step towards the measure working its way through the committee process to reach the full House of Representatives.
The proposed law would allow those who are at least 21 years old to purchase, possess, transport and share (without payment) up to 60 grams of marijuana, and up to 15 grams of marijuana concentrates. The bill would also allow for the personal cultivation of up to 12 marijuana plants.
The measure also “Establishes licenses for growers, processors, dispensaries, transporters, testing facilities, and research facilities.” The program would be administered by the Department of Agriculture.
The legislation:
“Establishes that the sale of marijuana and marijuana products are subject to the state and local sales and use tax, as well as an additional 15 percent marijuana tax. Establishes that local governments can impose a local sales tax on such sales, not to exceed 5 percent of the price of the products sold, of which proceeds shall be distributed identical to the existing local sales and use tax. The proceeds of the 15 percent tax shall be allocated as follows:
- 50 percent to the TDA for:
o Administration and enforcement of this Act;
o Education and marketing programs related to the promotion and implementation
of this Act, including public safety campaigns; and
o Grant initiatives focused on economic development and power infrastructure in
tier 3 and tier 4 enhancement counties. - 20 percent to the Department of Safety (DOS), for:
o Training and education of law enforcement agencies and officers with regard to
state cannabis-related laws;
o The support of law enforcement officers injured in the line of duty; and
o The support of families of law enforcement officer killed in the line of duty. - 20 percent to State Employee Legacy Pension Stabilization Reserve Trust.
- 5 percent to the Department of Education (DOE) for education programs for elementary
and secondary students regarding age restrictions for marijuana use and potential health
and legal risks for improper or underage use of marijuana. - 5 percent to the Department of Revenue (DOR) for administrative costs incurred pursuant
to this Act, including collection and enforcement costs.
The measure “Prohibits a political subdivision of the state from enacting, adopting, or enforcing a rule, ordinance, order, resolution, or other regulation which prohibits or unreasonably restricts the cultivation, production, manufacture, dispensing, transportation, or possession of marijuana or marijuana products or the operation of a licensed grower, processor, dispensary, transporter, research facility, or testing facility.”
House Bill 85 would allow localities to ban marijuana stores, but only “upon a two-thirds vote of the respective legislative body” (aka city council). The ban would only be enforceable for one year, and then would need to be renewed by city lawmakers. The bill “Stipulates that any county or municipality who bans the sale, cultivation, or manufacture of marijuana or marijuana products within its jurisdiction is disqualified from receiving any grant funds authorized by this Act while such ban is in effect.”
For the full text of this bill, click here.
