NASHVILLE, Tenn. — A bill introduced by Democratic lawmakers in the Tennessee legislature could legalize recreational marijuana sales as a way to generate revenue for road and bridge repairs across the state.
The bill, HB 0703, was introduced by Representative Aftyn Behn (D-Nashville) and is otherwise known as the “Pot for Potholes Act.” If passed, people over 21 years old would be able to recreationally buy marijuana across the state. The bill would tax cannabis products at a rate of 15%.
Most of that tax revenue, 75% of it, would be directed to Tennessee’s Highway Fund to repair and modernize roads and bridges. Another 20% of the revenue would be earmarked for local governments across the state, meant to provide funding for local transportation projects. Local governments would also be allowed to levy their own tax of up to 5% on marijuana products.
“Legalizing marijuana is a no-brainer. It’s good policy, it’s what the people want, and it will bring in the revenue we need to rebuild our highways and transportation network,” Behn said in a press release about the proposal.
The Tennessee Advisory Commission on Intergovernmental Relations previously estimated that the state needs around $39.1 billion worth of transportation and utilities repairs and improvements.
The first hearing on the proposal is set for March 26 in the House Criminal Justice Subcommittee. The bill also aims to reduce incarceration rates for nonviolent offenses by effectively legalizing marijuana. Currently, marijuana possession can lead to drug charges and jail time in Tennessee.
The bill comes in at 37 pages. It begins with resolutions highlighting the state’s “Agriculture and Commerce” motto and saying 38 other states have regulatory structures for marijuana.
In it, there are proposed rules that limit people from possessing or transporting up to 60 grams of marijuana or 15 grams of marijuana concentrate. People also would not be allowed to cultivate more than 12 marijuana plants at a time in their homes, and those plants could only be for private use.
It would also specifically still allow employers to discipline employees for using marijuana products in the workplace, or consider marijuana use as a basis for refusing to hire someone. However, the bill would not allow employers to terminate employees solely for legal marijuana usage.
It would also allow people to restrict or prohibit marijuana usage on property they own, occupy or manage. However, landlords specifically would not be allowed to restrict marijuana usage in lease agreements.
Using marijuana in a vehicle, aircraft, watercraft or in a public area would not be protected. People also would be specifically restricted from using marijuana in schools, childcare facilities, in facilities owned and used by schools or inside a correctional facility.
It would be a criminal offense to give, sell or allow marijuana to be given to minors.
The Department of Agriculture would be tasked with promulgating rules about marijuana in the state, and for submitting a report each year about the number of licenses issued for marijuana-related businesses, demographic information about those licenses, any fines that had been imposed and a statement of revenues and expenses of the department.
The department would be specifically tasked with prioritizing marijuana business licenses to disadvantaged and veteran-owned businesses that have a hemp license. It would also need to prioritize businesses in low-income counties.
To get a license, applicants would need to submit copies of their fingerprints and could be denied a license for previously giving marijuana to minors. Anyone who sells marijuana would also need to make sure products in their store are not visible from a public place and would need to submit reports about the amount of marijuana sold monthly.
