Tennessee House of Representatives 112th House Finance, Ways, and Means Committee, 4 May 2021

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From YouTube: House Finance Subcommittee- May 4, 2021

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House Finance Subcommittee- May 4, 2021

A

All right all right, I'd like to call the finance ways main subcommittee to order for may 4th. Madam clerk, please call the roll.

B

Representatives bomb camper, freeman, gant, hawk hazelwood lynn, ogles, todd, whitson williams, wendell chairman hicks, here.

A

Yep, thank you very much members, any announcements or personal orders. Before we begin good to see you, it's been a while seeing none all right, we will get started. We've got one bill on our calendar today and that is item number one house bill 490 by chairman terry. You have a motion. A second, so you're recognized on house bill, 494 description.

C

Thank you uh chairman in committee.

C

This bill, as amended, has uh five main goals or main parts to it. First, it sets up a medical cannabis commission in order to help develop a non-biased medical cannabis program, for when the federal government removes cannabis from schedule. One number two: it sets up a process for decriminalis decriminalizing possession of 0.9 thc cannabis oil for limit limited number of uh of patients with limited number of diseases. Currently, 0.9 oil is decriminalized in this state for epilepsy and seizures.

C

This adds eight conditions to that uh it has the commission priority uh prioritize their recommendations for the creation of a patient registration system in order to facilitate reciprocity and access for patients, including those nine groups of patients to obtain the oil?

C

It prohibits what I call corporate medical cannabis program, in other words, if it's cultivation, distribution, processing or shipping of cannabis until cannabis is removed from schedule 1. That definition excludes the patients and potential research protection. So, in the event that we want to advance research or other patient protections, this bill to this committee, this bill has been funded in the budget.

C

Speaker sexton is supportive of the language uh governor lee has removed his philosophical flag on the bill. Department of safety and health, as well with the sheriff's and chiefs of police are deferred and, lest I check the bill was in the sen on cylinder senate calendar committee.

A

All right, thank you, chairman, for this description remembers any discussion on house bill. 490., chairman wendell, you're, recognized.

D

Dr terry, could you please clear me up: did you say that tennesseans can now produce the oil on a commercial basis or for research only or what is the current? What does this bill provide with respect to the manufacture or the production of cannabis soil in tennessee? If any.

C

Thank you. um This does not allow for the production of cannabis oil, but it does not in the event, there's an exclusion in there for research. Currently, universities like mtsu or tennessee tech. If the dea gives them approval, they can produce up to .6 oil at those uh universities, but this does not create any process by where uh the state would be creating uh cannabis.

C

Chairman wendell.

D

Just two follow-up questions: does this bill allow for an individual to apply for a research license to produce cannabis oil, or is it only universities or government entity? Germany.

C

Thank you, that's not in the bill. This is. uh It sets up a commission for, in the event that or when the feds reschedule cannabis that we will, they will give us recommendations on how we would go about a what I would call a corporate cannabis program, so it does not does not allow for any licensure or anything final.

D

Question and I don't mean to dominate the time, but where does the can of the soil used by the tennesseans come from? Who produces it? Where is it manufactured and how does it reach tennessee.

A

You're recognized.

C

uh Thank you uh great question and that's uh uh it would be in other states that have legalized it. Somebody would have to go to that other state. Currently, the 0.9 oil that those that have seizures have it. They have to have that letter from their physician uh and they either go to another state or they get it from another state.

D

Just one follow-up, mr chairman- and this is simply as a result of the inquires I received from numerous constituents if tennessee is going to legalize marijuana in any form, it is grossly unfair for israelis, canadians, germans, kentuckians, new yorkers, texans, belgians, whatever nationality or state, to be able to compete in a world market and grow a legal substance in 80 percent of the world, and we continue to lock out young men and women in tennessee to be able to produce a crop that is legal. The world over.

D

It's simply unfair for young israelis to be able to compete in the world market and we're going to tell tennesseans that they can't it's wrong and it's anti-capitalist chairman terry.

C

Thank you, I'm I'm not sure I mean I agree with you that that, ideally, we would be having our own program here. I've tried to run bills in the past that that do that, but that's not what this bill does this I'm looking to advance this for patients.

A

Thank you, representative, glenn.

E

Thank you so much, mr chairman, um it sounds like you're saying there would be a commission there. There would be no one, no doctor would be licensed or authorized to um dispense or prescribe.

C

Jeremy, terry, that is correct. This sets up a commission, it's a nine person, commission, three appointed by the governor three from the lieutenant governor and three from the speaker, and they will look at this issue, everything from when they d when they deschedule it or reschedule it at the federal level.

C

What process do they want patients to have to go through what providers? It would be where it would be available? Taxation anything like that, but this does not give license to anybody right now. This is just it sets up that commission for them to look at that, the thought process being that it's likely that the feds are going to deschedule or reschedule within the year um they tried they passed a bill last year, the house did the more act which would have descheduled it uh chuck schumer uh on his on the senate.

C

Side has expressed interest in doing that and the world health organization and the u.n have taken it off that most restrictive list and so the the thought process being that we're out of session they deschedule and then all of a sudden come in next year. We may have 15 20 30 different versions, but if we have someone looking at that, uh then it would help us uh be more focused and have a tennessee uh proven uh result. Representative lane, oh.

E

Thank you very much, um dr terry. I always hear conflicting things about medical marijuana and whether someone becomes you know inebriated or not, and so I would just like to say for the record something I'd really like the commission to look at is workers comp.

E

If you have factory workers on medical marijuana and they are slightly inebriated, I mean it can be dangerous enough to work with machinery at a factory, but if they are inebriated, what do we do about workers comp and the employer's liability and their rates versus you know having an employee who might be slightly impaired, um and then I have police officer, friends who are just concerned about whether someone would have a card or not? um How would the police know and how will it will it will affect the criminal code for schedule six.

E

So that's those are just some things as long as there's going to be a commission I'd just like to put that on record. So thank you.

C

Chairman terry, thank you. um So this bill does not impact the ability for an employer to do the drug-free workplace they can test. So if somebody, you know was able to get that the oil they had, you know, ms or whatever they can still test them this bill.

C

It has a letter of attestation from the physician the physician has to have. They have to have a bona fide, in other words, uh physician-patient relationship where they are.

C

The physician has gone through all the the uh the work up. For that also, the letter has to attest that they have tried conventional treatment, so we passed right to try in 2015.

C

So you know this is uh the conventional treatment has not alleviated all their symptoms, so they're potentially would be able to try to your police officer's point. This does not set this. Does this particular bill as it is written, does not set up? The proc does not give somebody a medical marijuana caught or anything of that, but it does have the commission look into that to give us recommendations for what we need to do for that for reciprocity.

A

Leader, camper.

F

Thank you. Thank you, mr speaker. Mr chair, chairman uh representative, you are setting up a council and uh I'm sure that's where the funding is coming from to fund this council meeting uh x number of times a year can can you talk to us about when they meet? Are they reporting back to us and if so, uh how are they? How much are they reporting annually? How is the reporting mechanism.

C

Chairman, terry, thank you. uh Yes, uh their first meeting would be october 1st of this year. The their first report would be january, 1 of 2022, so that when we come back in a session, they would have this and from some information recommendations for us uh for bills that we could do during session.

A

F

And would they be required to continually give us reports or is that one time report it or does this bill address that chairman terry.

C

uh Thank you it's. uh The report must be submitted in writing. The chief clerks of the senate house representatives. Let's see.

C

No later than january 1 each year, beginning 2022.

A

F

Okay, thank you, mr chairman. Thank you for that. Also, um we've had on the floor a couple of times this session toward the end of the session. Where bills were referred back to committee, should they change substantially, would you agree that you would do the same? Would you refer it back to the committee chairman, terry.

C

Thank you I'm amenable to that. I have told others and uh have said that uh I'm not taking amendments on this bill. I would consider that unfriendly. I've worked with the senate on this, worked with other stakeholders on this, and it's not my intent to take any other amendment and if something happens uh on the house floor, then I'd be willing to do that later.

A

F

Thank you, mr chairman. Thank you, mr sponsor.

A

Chair lady hazelwood.

B

Thank you, mr chairman, um sponsor you mentioned that we're expanding the drugs or the diseases that the soil could be used for from two to eight. Could you just list those for us? Please.

C

Jeremy, terry, absolutely thank you: alzheimer's disease, amyotrophic, lateral sclerosis or als cancer and there's restrictions on that: inflammatory bowel disease, multiple sclerosis, parkinson's disease, hiv or aids, and sickle cell disease. Chair lady hazelwood.

B

A

Further discussion, representative ogles.

G

Thank you chairman to the sponsor. Is there we're looking over the bill right now, but I don't see: would the, uh for instance, the advertising restrictions would that come under the uh say this pro say this bill passes and now it's available to an expanded uh group of tennesseans. How are they going to find that out? Are we going to see billboards uh all over the city? That say you know now you can get this product or how? How is that information going to be distributed?

G

uh What restrictions are in place? I know what something we changed recently with sports betting. A lot of my constituents were surprised to see overnight that that industry owned every billboard uh within a 20-mile radius of nashville. It seems so. My question is: is what mechanism for either advertising or distribution or and will that fall under the privy of the council? Terry.

C

Thank you. um I wouldn't expect until the you know, if, if the commission uh say it gets rescheduled and the commission, uh it says actually under there under.

B

C

B

C

uh On page eight, it would say other issues relevant to the medical use of cannabis, so I think it would fall under that, and so uh you saying that on record, I think uh that's something that that I I appreciate that and that's something that the commission should look at representative.

G

Ogles, thank you. I just want to go on the record to say that I I agree with many parts of this bill and the expanded medical use.

G

However, I think we need to be very diligent and careful how we advertise products we've seen uh in the past, uh uh how we've oversaturated markets with certain products and the adverse effects long term that that has had on our state. So thank you sponsor. Thank you for the comments.

A

Further discussion, seeing none we're now voting on house bill, 490, moving on to full finance, all those in favor say: aye, all those opposed. No the eyes have it house bill 490 moves to full finance.

C

Thank you, chairman committee,.

A

All right, thank you, members that completes our calendar for today. Do we have any further business coming before the committee seeing none, I think, that's it! That's how we go all right, seeing that we stand in.

A

B

Folks, we're going to do a little shuffle up here and full finance is going to start in five minutes: finance, full and five minutes. So members on the committee please arrive. Thank.

B

B