HB0836 would create the “Tennessee Cannabis Act,” a comprehensive framework to legalize and regulate adult-use marijuana in Tennessee. It defines marijuana, hemp, cannabis products, and related industry terms; authorizes adults 21 and older to possess, transport, transfer without payment, and cultivate limited amounts of marijuana for personal use; and allows parents or guardians to administer non-smokable marijuana products to minors with qualifying medical conditions under specified conditions. The bill also establishes a licensed commercial market for growers, processors, dispensaries, transporters, testing facilities, and research facilities, with detailed rules for packaging, labeling, advertising, security, testing, recordkeeping, and product limits.
The measure would significantly revise existing Tennessee law across multiple titles to remove or narrow criminal penalties and collateral consequences tied to marijuana. It would decriminalize or reduce penalties for conduct involving marijuana under the bill’s new framework, change search-and-seizure and contraband-related provisions, alter drug-paraphernalia and controlled-substance statutes, and require the Department of Correction to identify incarcerated people serving sentences for marijuana-only offenses. It also provides for immediate release from incarceration, probation, and parole for people serving sentences for marijuana cultivation, manufacture, delivery, sale, possession, or transfer who are not also serving qualifying violent, firearm, or non-marijuana drug sentences. In addition, it would protect authorized marijuana conduct from certain employment, custody, public assistance, and firearm-related consequences, while allowing local governments limited authority to regulate or temporarily ban marijuana businesses.
The bill’s overall sentiment in the available history appears unfavorable, but the record is limited. There were no committee transcripts provided, and the only recorded vote shows the bill failed in the House Criminal Justice Subcommittee by a 7-2 margin on April 1, 2025. That vote suggests substantial opposition at the subcommittee level, likely reflecting concerns about legalization, criminal justice changes, and regulatory scope.
The main points of contention likely center on the bill’s broad legalization approach, the immediate release provision for certain incarcerated individuals, and the extent to which it limits local control while creating a statewide commercial cannabis market. Other likely concerns include workplace drug-testing rules, protections against adverse action based on THC test results, firearm possession protections, and the bill’s interaction with existing criminal statutes and public-safety enforcement. Supporters would likely emphasize criminal justice reform, regulated access, tax revenue, and medical access, while opponents would likely focus on public health, youth access, enforcement, and local autonomy.
The bill would add a new chapter to Title 43 establishing a statewide cannabis legalization and regulatory system and would amend numerous other Tennessee Code provisions to conform to that framework. It would change criminal, correctional, tax, employment, public assistance, firearm, and local-government laws by removing marijuana-specific references, reducing penalties, authorizing licensed commercial activity, and creating new tax and licensing rules administered primarily by the Department of Agriculture, with roles for the Department of Revenue, Department of Health, Department of Financial Institutions, and Department of Correction. It would also create a pathway for resentencing-related relief through immediate release for certain marijuana-only offenders and would limit local governments to regulation or temporary bans under specified conditions.
The available legislative history indicates the bill was met with strong resistance. With no committee discussion transcripts available, the clearest signal is the 7-2 failure in the House Criminal Justice Subcommittee, which suggests the bill did not have broad support in that forum. The overall tone from the vote history is therefore negative, especially given the bill’s sweeping legalization and criminal justice provisions.
The most notable areas of contention are the legalization of adult-use marijuana, the creation of a regulated commercial cannabis industry, and the bill’s criminal justice provisions, especially the immediate release of people incarcerated for marijuana-only offenses. Additional likely disputes involve whether local governments should be able to ban or heavily regulate cannabis businesses, whether employers and public employers should be limited in acting on THC test results, and whether marijuana-related conduct should be insulated from collateral consequences such as custody decisions, public benefits, and firearm rights. These issues would likely divide supporters seeking reform and opponents concerned about public safety, enforcement, and local control.