A bill to decriminalize medical cannabis failed in the House in late April. The House Criminal Justice committee voted down the bill 9-8.

But that isn’t stopping the sponsors of the bill, they are trying to amend pending legislation to include some provisions from the failed effort.

While members of the Tennessee General Assembly are wrapping things up for the end of the session, others are scrambling to bring back legislation that failed. During this time, any legislation can be brought back or used as a bargaining chip between the House and Senate.

Sponsors of the failed legislation are looking to amend a portion of pending legislation. They would like to add some of their provisions to it. The pending legislation aims to create a commission to study how the state could regulate medical marijuana. This can only happen after the federal government removes the drug from the Schedule I list.

Opposition to Medical Cannabis

Many medical marijuana advocates opposed this legislation because they saw it as a stalling tactic. But now it is their last hope for medical marijuana in 2021.

“Nothing is really dead until we adjourn,” Lt. Gov. Randy McNally said. “There is some hope that maybe something can be worked out.”

McNally is one of many that oppose legalization. That is until the federal government takes marijuana off the Schedule I list. On Thursday, the House approved a resolution calling on the federal government to do just that.

One issue in the House debate was if doctors would actually prescribe cannabis or assert that their patient had one of the qualifying conditions. Although legal advisors warned that with marijuana still listed as a Schedule I drug, doctors could face legal trouble if they prescribed the medication.

New Bill Reaches Compromise

Advocates reached an agreement for a watered-down version of the medical cannabis bill. The bill made its way through six House committees and a Senate committee on Tuesday. This was one of the final days in the legislative session.

In the Senate it narrowly passed on a vote of 20-12, some members remain strictly opposed to any form of marijuana legalization. The House should take up the bill on Wednesday.

The legislation will be creating a commission. They will be tasked with studying the legalization of medical marijuana ahead of the federal government reclassifying marijuana. The commission will be made up of nine members. They will be appointed by the House and Senate speakers and Gov. Bill Lee. 

The intention behind the study commission is to have a plan in place for when federal regulations change on marijuana. 

Medical Cannabis Patients

The bill will allow patients with nine debilitating illnesses to possess cannabis oil that consists of 0.9 percent or less THC. This is slightly above the current legal amount of 0.3 percent for hemp oil. 

The patients will need a letter from a doctor. It will only be valid for six months at a time. It will attest that they have one of the conditions and that conventional methods of treatment have already been tried. 

Unfortunately, patients will still need to purchase the oil out of state. As the sale of any marijuana is still illegal in Tennessee. The new law will simply prevent law enforcement from prosecuting people for possession of the oil.

Although Lt. Gov. Randy McNally previously opposed the larger medical cannabis bill. He supports the current smaller bill. Gov. Bill Lee also supports this new watered-down version of the medical cannabis bill. 

This means that Lee will most likely sign the legislation into law. 

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