AN ACT to amend Tennessee Code Annotated, Title 4; Title 29; Title 33; Title 38; Title 39; Title 40; Title 41; Title 43; Title 45; Title 50; Title 53; Title 63; Title 67; Title 68 and Title 71, relative to cannabis.
SB0809 would create the “Tennessee Cannabis Act” and establish a comprehensive state framework for adult-use marijuana. It defines cannabis and marijuana products, authorizes adults 21 and older to possess, transport, transfer without payment, and cultivate limited amounts of marijuana for personal use, and permits parents or guardians to administer non-smokable marijuana products to minors for medical purposes under specified conditions. The bill also legalizes and regulates marijuana businesses, including growers, processors, dispensaries, transporters, testing facilities, and research facilities, and directs the Department of Agriculture to license and oversee those operations.
The measure sets out detailed rules for packaging, labeling, advertising, security, testing, recordkeeping, product limits, and proximity restrictions near schools and community facilities. It also creates a tax structure for marijuana sales, including a 15% marijuana tax, local option sales taxes of up to 5%, and partial sales-tax refunds for in-state business inputs used by marijuana establishments. In addition, it addresses banking, public research funding, conflict-of-interest rules, annual reporting, and local government authority to regulate or temporarily ban marijuana businesses under certain conditions.
The bill would substantially revise Tennessee law across criminal, tax, corrections, employment, health, and regulatory statutes to remove or narrow marijuana prohibitions and to replace them with a licensing-and-taxation regime. It would decriminalize specified adult possession and home cultivation, create new offenses for unlawful sales to minors or unlicensed sales, and amend multiple code sections to remove marijuana-specific references in areas such as drug-detection dogs, criminal penalties, expungement-related provisions, and public assistance or professional discipline consequences. It also directs the Department of Correction to identify and release certain people incarcerated for marijuana-only offenses, and it changes how marijuana-related conduct is treated for bail, probation, parole, employment, firearms, and healthcare licensing purposes.
The bill text reflects a strong pro-legalization and regulatory approach, with extensive provisions designed to normalize adult cannabis use while maintaining controls around youth access, licensing, and public safety. Because no committee transcripts or votes are provided, there is no recorded debate or voting history to indicate formal support or opposition in the available context. The structure of the bill suggests an effort to balance legalization with strict state oversight and revenue collection.
The main likely points of contention are the scope of legalization, the immediate release of certain incarcerated individuals, and the limits on local control. The bill would allow counties and municipalities to ban marijuana sales or production only by supermajority vote and only within a limited timeframe, which may concern local governments favoring broader home-rule authority. Employers, schools, correctional officials, and public safety advocates may also object to provisions limiting adverse action based on THC drug tests, restricting marijuana-specific enforcement tools, and protecting lawful use from collateral consequences. Supporters would likely emphasize criminal justice reform, medical access, business opportunities, and tax revenue, while opponents would likely focus on public health, youth access, impaired driving, and enforcement concerns.