Bicameral Legislation Filed in Tennessee to Legalize Marijuana

Companion bills to legalize recreational marijuana were filed today in the Tennessee House and Senate.

House Bill 836, sponsored by State Representative Larry Miller (D), and Senate Bill 809, led by Senator Jeff Yarbro (D), together form the Tennessee Cannabis Act. The legislation would allow everyone who’s at least 21 years old to possess up to 60 grams of marijuana and up to 15 grams of marijuana concentrates. The personal cultivation of up to 12 plants would also be allowed.

The bill would also establish a recreational marijuana market, overseen by the Department of Agriculture. A 15% excise tax would be applied to marijuana sales, with revenue allocated toward administrative costs and the state’s general fund.

The legislation also includes provisions for automatic release and expungement for individuals incarcerated for non-violent marijuana offenses. Local governments would have limited authority to ban marijuana businesses, requiring a two-thirds vote to do so by September 30, 2025, with bans expiring annually unless renewed.

If enacted, the law would take effect on January 1, 2026.

Yesterday, State Representative Aftyn Behn (D) introduced House Bill 703, known as the “Pot for Potholes Act”. That measure would similar legalize recreational marijuana, but would do so in a differing way.

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