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Medical Marijuana in Tennessee Policy Brief 3:18 Medical Marijuana in Tennessee Chrissy Freeland, James White and Jordan Crowe, under UT MPPA Faculty Guidance April 2018 Baker Center Board (Active Members) Baker Center Staff Matt Murray, PhD Dr.Baker Michael Center Adams Board Baker Center Staff President Emeritus, University of Georgia Director Cynthia Baker Matt Murray, PhD Cynthia Baker Katie Cahill, PhD Media Consultant Director FormerWashington, Vice President,DC Tribune Broadcasting Associate Director Patrick Butler Nissa Dahlin-Brown, EdD Sam M. Browder Charles Sims, PhD President and CEO, America's Public Television Stations FacultyAssociate Fellow Director Retired, Harriman Oil Dr. Jimmy G. Cheek KristaCharles Wiegand, Sims, PhD Patrick Butler Chancellor Emeritus, The University of Tennessee, Knoxville FacultyFaculty Fellow Fellow CEO, Assoc. Public Television Stations AB Culvahouse Jr. Washingtonk, DC Kristia Wiegand, PhD Attorney and Partner, O’Melveny & Myers, LLP Jilleah Welch, PhD ResearchFaculty Associate Fellow Sarah Keeton Campbell Dr. Beverly Davenport Jilleah Welch Chancellor,Attorney, Special University Assistant of Tennesse, to the Solicitor Knoxville General and Brandon Buffington the Attorney General, State of Tennessee BusinessResearch Manager Associate David Golden Nashville, TN Jay Cooley Senior Vice President, Eastman Elizabeth Woody Business Manager Jimmy G. Cheek Events Manager Thomas Griscom Chancellor, The University of Tennessee, Knoxville Elizabeth Woody Former Executive Editor and Publisher, Chattanooga William Park, PhD Office Manager TimesAB Culvahouse Free Press Jr. and Former Director of Communications, Director of Undergraduate Programs PresidentAttorney, ReaganO’Melveny & Myers, LLP Professor,Kristin Agricultural England and Resource Economics JamesWashington, Haslam DC II Information Specialist Founder,The Honorable Pilot Corporation Albert Gore and Jr. The University of Tennessee AboutWilliam the Baker Park, CenterPhD BoardFormer of Vice Trustees President of the United States TheDirector Howard of H. Undergraduate Baker Jr. Center Programs for Public Policy is an education and WilliamFormer United Johnson States Senator Professork, Agricultural and researchResource center Economics that serves the University PresidentNashville, and TN CEO, Tennessee Valley Authority of Tennessee, Knoxville, and the public. The Baker Center is a nonpartisan Dr.Thomas Theresa Griscom Lee Dean, College of Arts and Sciences, University of Tennessee, institute devoted to education and public Communications Consultant policy scholarship focused on energy Knoxville About the Baker Center Former Editor, Chattanooga Times Free Press and the environment, global security, and MargaretChattanooga, Scobey TN leadershipThe Howard and governance. H. Baker Jr. Center for Public Policy is an education and FormerJames HaslamAmbassador II to Syria and Egypt Howardresearch H. centerBaker thatJr. Center serves forthe Public Chairman and Founder, Pilot Corporation The University Don C. Stansberry Jr. PolicyUniversity of Tennessee, Knoxville, Attorneyof Tennessee (retired), Board Baker, of Trustees Worthington, Crossley and 1640and Cumberland the public. The Avenue Baker Center is a StansberryJoseph E. Johnson Knoxville,nonpartisan TN institute37996-3340 devoted to TheFormer Honorable President, Don University Sundquist of Tennessee education and public policy schol- Former Governor of Tennessee Additionalarship focused publications on energy available and the at Fred Marcum http://bakercenter.utk.edu/publications/environment, global security, and JohnSenior Tolsma Adviser to Senator Baker leadership and governance. Founder,Huntsville, Knowledge TN Launch Disclaimer Findings and opinions conveyed Dr. Thomas Zacharia Howard H. Baker Jr. Center for The Honorable George Cranwell Montgomery Former herein are those of the authors only Director, Oak Ridge National Laboratory Public Policy Ambassador to the Sultanate of Oman and do not necessarily represent an official1640 Cumberlandposition of the Avenue Howard Knoxville, H. BakerRegina Center Murray Board (Emeritus Members) BakerTN Jr.37996-3340 Center for Public Policy Knoxville, Tennessee or the University of Tennessee. Sarah Keeton Campbell bakercenter.utk.edu Attorney,Lee Riedinger Special Assistant to the Solicitor General and the 865.974.0931 AttorneyVice Cancellor, General The University of Tennessee, Knoxville [email protected] TheDon HonorableC. Stansberry Albert Jr. Gore Jr. Former Vice President of The United States The University of Tennessee Board of Trustees The contents of this report were developed under a grant FormerHuntsville, United TN States Senator from the US Department of Education. However, these Joseph E. Johnson contents do not necessarily represent the policy of the FormerThe Honorable President, Don University Sundquist of Tennessee US Department of Education, and you should not Former Governor of Tennessee assume endorsement by the federal government. Fred Marcum FormerTownsend, Senior TN Advisor to Senator Baker Amb. George Cranwell Montgomery Findings and opinions conveyed herein are those of the Former Ambassador to the Sultanate of Oman authors only and do not necessarily represent an official position of the Howard H. Baker Jr. Center for Public Regina Murray, Knoxville, TN Policy or the University of Tennessee. Lee Riedinger Vice Chancellor, The University of Tennessee, Knoxville Robert Waller Former President and CEO, Mayo Clinic Medical Marijuana in Tennessee Issue at a Glance • Twenty-nine states have comprehensive statutes that legalize marijuana in some form.1 • Seventeen states have decriminalized possession of small amounts of marijuana and / or have narrow statutes that allow residents to use low THC, high cannabidiol (CBD) products for medical reasons in limited situations • Tennessee law allows possession of small amounts of CBD oils with no more than 0.9% THC if they have a legal order or recommendation for the oil and they or an immediate family member have been diagnosed with epilepsy by a Tennessee doctor. • It is a federal crime to cultivate, possess, or use marijuana for any purpose. The Policy Challenges Does medical marijuana provide health benefits and if so, to what extent, if at all, should state law be changed to enable more people with medical conditions to be treated by low THC, high cannabidiol products? What, if any, unintended consequences may arise if there is wider access to medical marijuana? If medical uses of marijuana extracts are permitted, will these pills become “gateways” to the abuse of more dangerous drugs as Ecstasy, LSD, and Heroin or opioids? Do individuals and businesses risk prosecution under federal law if they fully comply with state law on medical marijuana? The Federal Controlled Substances Act of 1970 (CSA) classifies marijuana as a Schedule 1 drug, a category reserved for those drugs that have “a high potential for abuse, lack any medical value and can’t be safely prescribed.”2 Under federal law, the use, sale or distribution of marijuana is a crime and anyone growing, marketing or distributing marijuana is likely violating multiple federal laws.3 The CSA also makes it unlawful to “knowingly open, lease, rent, maintain, or use property for the manufacturing, storing, or distribution of controlled substances.”4 In addition, landlords that have tenants involved in a state-permitted marijuana industry may risk federal asset forfeiture or other criminal fines. Workers can be terminated for off-the-clock use of marijuana.5 Penalties for violating the CSA don't just target growers and distributors. Simple possession with no intent to distribute is punishable by up to one year in prison and a minimum fine of $1,000; individuals involved in marijuana businesses can receive even steeper fines and longer prison terms.6 1 National Conference of State Legislatures, “Tennessee’s Low-THC Laws,” MPP, n.d., https://www.mpp.org/states/tennessee/ tennessee-cbd-law/. 2 “The Controlled Substances Act (CSA): Overview,” n.d., http://criminal.findlaw.com/criminal-charges/controlled-substances- act-csa-overview.html. 3 “Federal Marijuana Laws,” Findlaw, n.d., http://criminal.findlaw.com/criminal-charges/federal-marijuana-laws.html. 4 “The Controlled Substances Act (CSA): Overview.” 5 “Federal Marijuana Laws.” 6 “Federal Marijuana Laws.” The Howard H. Baker Jr. Center for Public Policy The HowardPublic for H. BakerCenter Jr. Jr. CenterBaker H. for PublicHoward The Policy 3 Even though the 2005 US Supreme Court (SCOTUS) ruling in Gonzales v. Raich upheld Congress’ constitutional authority under the Commerce Clause to ban local marijuana production and consumption, Congress has approved a budget amendment known as the Rohrabacher- Farr amendment every year since 2014.7 This amendment prohibits the Department of Justice from using federal funds to prevent states from implementing their medical marijuana laws. It is uncertain whether the US Justice Department will continue the policy articulated in the 2013 Cole Memo that advised prosecutorial discretion in enforcing federal marijuana laws as they applied to those using or administering the drug for medical purposes.8 The U.S. Food and Drug Administration (FDA) requires carefully conducted clinical trials to determine the benefits and risks of a potential medication, but so far, not enough large- scale clinical trials have been conducted to demonstrate any benefits of the marijuana plant apart from some of its cannabinoid ingredients.9 The FDA has approved two medications that contain cannabinoid
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