State Representative Aftyn Behn (D) has once again filed legislation in the Tennessee House that would create a comprehensive recreational marijuana program, using the resulting tax revenue to fund highway projects, local governments, and community reinvestment efforts across the state.
The proposal, formally titled the “Pot for Potholes Act,” was introduced today after a similar version was filed in both the House and Senate last year but failed to advance.
The 39-page measure would legalize possession, personal cultivation, and retail sales of marijuana for adults 21 and older, while creating a full regulatory system overseen by the Department of Agriculture. Adults would be allowed to possess up to 60 grams of marijuana, grow up to 12 plants at a private residence, and transfer marijuana to other adults without payment.
The bill establishes a licensing system for growers, processors, dispensaries, testing facilities and transporters, with priority given to disadvantaged businesses, veteran-owned businesses, Tennessee residents, and small “micro-license” operators. Local governments would be allowed to regulate hours and locations of businesses, but could only enact temporary bans through a two-thirds vote.
A 15% marijuana tax would be imposed on retail sales, in addition to standard sales taxes. Under the bill’s revenue formula, 75% of marijuana tax revenue would be directed into the state highway fund, 20% would be distributed among Tennessee’s 95 counties based on equal share, land area and population, and 5% would be retained for administrative costs.
An additional 5% would be deposited into a newly created Cannabis Community Reinvestment Fund, used for grants, loans, workforce development, expungement assistance, and economic investment in communities disproportionately impacted by prior marijuana enforcement.
The legislation also contains sweeping criminal justice provisions. It would remove marijuana from numerous sections of state code related to paraphernalia, drug dogs, and sentencing thresholds, prohibit adverse action based solely on marijuana drug tests in many contexts, and make individuals currently incarcerated solely for marijuana offenses eligible for immediate release.
The bill further protects tenants from being banned for possessing marijuana in rental housing, allows parents and guardians to administer non-smokable marijuana products for medical purposes to minors under certain conditions, and ensures that marijuana use alone cannot be grounds for losing public assistance benefits, firearm rights under state law, or employment eligibility in many situations.
If enacted, most provisions of the act would take effect January 1, 2027.
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