Explanation of SB0486 - Tennessee Medical Cannabis Act

Senate Bill 486, also known as the Tennessee Medical Cannabis Act, aims to establish a regulated system for providing medical cannabis to patients with qualifying medical conditions in Tennessee. The bill seeks to increase access to low-cost medical cannabis, alleviate suffering, promote agricultural business, incentivize research on the benefits of THC, and ensure the secure licensing and tracking of medical cannabis from cultivation to sale within the state. The bill acknowledges that many states, including neighboring states and Illinois, have already legalized medical cannabis for various medical conditions and that there is evidence of a correlation between reduced opioid use overdoses and medical cannabis programs.

Key Definitions:

Adjacent: A county that shares a contiguous boundary with a primary county.
Cannabis: All parts of the cannabis plant, including seeds and derivatives.
Caregiver: A resident of Tennessee who is 18 years or older, meets the regulatory requirements, and has agreed to assist another person with their medical use of cannabis.
Certification: A document confirming that a person has been diagnosed with a qualifying medical condition under the Tennessee Medical Cannabis Act.
Commission: The medical cannabis commission responsible for licensing and regulating medical cannabis providers.
Department: The Department of Agriculture, which oversees the implementation and enforcement of the Tennessee Medical Cannabis Act.
Dispensary: A licensed and secure building where cannabis and related supplies are sold to patients and caregivers.
Enclosed Facility: A locked and secured building or room accessible only to authorized personnel.
Fast Track License: The initial run of licenses issued provisionally before rulemaking is complete and must be finally approved or denied by November 15, 2020.
Licensed Provider: A business entity that has been awarded a license to cultivate, process, transport, dispense, sell, and deliver medical cannabis products to qualified patients.
Medical Cannabis Card: A state-issued card or a valid card from another state that allows a qualified patient or caregiver to acquire, possess, and use medical cannabis.
Medical Use: The authorized acquisition, possession, use, delivery, transfer, or administration of cannabis for medical purposes.
Patient Registry: An electronic system for registering patients with medical cannabis cards.
Qualifying Condition: A medical condition diagnosed by a healthcare provider that qualifies a patient for medical cannabis use.
Terminal Condition: A progressive and irreversible disease or condition expected to result in death within one year after diagnosis.
THC: delta-9-tetrahydrocannabinol, the primary psychoactive compound in cannabis.
Track and Trace System: A process for documenting and tracking the cultivation, processing, and sale of medical cannabis products.

Key Provisions:

A person must have a valid medical cannabis card to acquire, possess, or use medical cannabis. The card is issued to qualified patients or qualifying caregivers.
Patient requirements for obtaining a medical cannabis card include being 18 years or older, providing proof of residency, completing an application form, paying an application fee, and submitting a certification from a healthcare provider confirming the qualifying condition.
Caregivers must also qualify for and obtain a medical cannabis card, meeting specific requirements, including providing care for no more than ten qualified patients.
The Tennessee Medical Cannabis Commission is established with the responsibility of issuing licenses to medical cannabis providers, tracking cultivation to sale, and ensuring compliance with the Tennessee Medical Cannabis Act.
The commission must issue provisional fast track licenses before completing rulemaking, with final approvals or denials occurring no later than November 15, 2020.
A tax is imposed on the retail sale of medical cannabis, and the revenues generated are allocated to various purposes, including law enforcement, agricultural development, and community and rural development.
County or municipality may ban the cultivation, processing, manufacture, or sale of medical cannabis by two-thirds vote of the local legislative body by July 31, 2020.
The Tennessee Medical Cannabis Act does not require insurance coverage for medical cannabis or restrict an employer's ability to enforce drug-free workplace policies.

Note: This is a simplified explanation of the bill and is not an official legal interpretation. Please refer to the full text of SB0486 for complete and accurate information.

Sen. Bill Powers

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