Botanical Education Alliance Weekly Report
Legislative Recap: Week of April 8th
This week, committees heard the final remaining budget presentations for the year. The House released its list of budget appropriation amendments on Thursday and heard members present on their amendments immediately following Thursday’s session. The appropriation amendment filing deadline in the Senate was Thursday. The Senate Finance Appropriations Subcommittee will meet to hear members present their amendments next week. As this session winds down, finalizing the state’s budget will be a main focus of legislators over the coming weeks. Legislators expect to adjourn for the year in early May.
Legislative News
SB572/HB1011, legislation that would allow Tennesseans to receive medical cannabis under the care of a physician and pharmacist, was delayed until the 2020 legislative session in the Senate Health and Welfare Committee on Wednesday. The bill was also rolled to 2020 in the House Mental Health & Substance Abuse subcommittee.
SB16/HB1, a bill that seeks to legalize online sports betting, known as the Tennessee Sports Gaming Act, passed the Senate State and Local Government Committee this week. The House version of the bill also passed in the House State Committee on Tuesday. It will be heard in the House Government Operations Committee next week.
SB1368/HB705, legislation that adds the sale or distribution of a substance containing fentanyl, carfentanil, or any opiate with the intent and premeditation to commit murder as an aggravating circumstance for the imposition of the death penalty or imprisonment for life without the possibility of parole, passed in the Senate Judiciary Committee this week. The bill was also heard on the House floor and passed by a vote of 93-0.
Legislators also continued to show support for Governor Lee’s education initiatives this week.
• SB796/HB940 which will create an independent charter school commission to support the success of the state’s current public charter schools while also creating opportunities for students to attend newly established public charter schools was heard in House and Senate committees this week. The bill passed out of the House Finance, Ways and Means Committee on Tuesday. It is calendared to be heard on the House floor on Wednesday morning. The bill is also on the Senate Finance, Ways and Means Committee calendar for next week.
• SB795/HB939, Governor Lee’s Education Savings Accounts proposal, passed in the Senate Education Committee on Wednesday. It is on the Senate, Finance, Ways and Means Committee calendar for next Tuesday, April 16th. The House version of the bill passed out of the House Finance, Ways and Means Subcommittee this week. The bill will be heard in the House Finance, Ways and Means Committee on Tuesday, April 16th also.
• SB805/HB949, the Governor’s Investment in Vocational Education (GIVE) Act, which expands vocational and technical training opportunities for Tennessee students, was presented on the House floor on Wednesday morning and passed by a vote of 92-0. The bill passed the Senate several weeks ago and will now go to the Governor’s desk for signature.
• SB808/HB952, a bill to increase Career Technical Education opportunities for students to ensure that they are prepared to meet the demands of the changing workforce, was passed by the House full Finance, Ways, & Means Committee this week. It will be heard on the House floor on Monday. The bill passed the Senate last week by a vote of 31-0.
Below is a list of legislation tracked for you during the 2019 session:
SB194/HB150
HEALTH CARE: Defines alternatives to opioid treatments.
Sponsors:
Sen. Watson, Bo , Rep. Sexton, Cameron
Summary:
Defines alternatives to opioid treatments available to patients from prescribing physicians as including chiropractic care, physical therapy, acupuncture, and other treatments that relieve pain.
Fiscal Note:
(Dated February 2, 2019) NOT SIGNIFICANT
Senate Status:
03/04/19 – Senate passed.
House Status:
03/21/19 – House passed.
Executive Status:
04/09/19 – Signed by governor.
Caption:
AN ACT to amend Tennessee Code Annotated, Section 63-1-164, relative to alternative treatments for pain.
SB256/HB235
CRIMINAL LAW: Decriminalizes possession of less than one ounce of marijuana.
Sponsors:
Sen. Kyle, Sara , Rep. Johnson, Gloria
Summary:
Decriminalizes the possession of less than one ounce of marijuana.
Fiscal Note:
(Dated March 25, 2019) Decrease State Expenditures $752,700 Incarceration* Decrease Local Revenue $467,300 Decrease Local Expenditures $1,794,200
Senate Status:
02/01/19 – Referred to Senate Judiciary Committee.
House Status:
04/03/19 – Returned to House clerk’s desk.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4 and Title 40, relative to marijuana.
SB257/HB1197
CRIMINAL LAW: Updates definition of marijuana for taxation purposes.
Sponsors:
Sen. Kyle, Sara , Rep. Miller, Larry
Summary:
Updates the definition of “marijuana” for purposes of taxation on unauthorized substances to match the definition of “marijuana” as it applies to criminal offenses.
Fiscal Note:
(Dated April 5, 2019) NOT SIGNIFICANT
Senate Status:
02/01/19 – Referred to Senate Judiciary Committee.
House Status:
02/11/19 – Caption bill held on House clerk’s desk.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29; Title 4, Chapter 3; Title 33; Title 38, Chapter 3; Title 39, Chapter 17; Title 43; Title 50; Title 53; Title 55; Title 63; Title 67 and Title 68, relative to marijuana.
SB260/HB234
CRIMINAL LAW: Declares that holders of marijuana patient ID cards can possess one-half ounce of marijuana or distribute the same amount to other card holders.
Sponsors:
Sen. Kyle, Sara , Rep. Johnson, Gloria
Summary:
Declares that a person who holds a valid medical marijuana patient identification card issued by another state does not commit an offense if the person possesses, or distributes to another cardholder, one-half ounce or less of marijuana.
Fiscal Note:
(Dated March 22, 2019) NOT SIGNIFICANT
Senate Status:
02/01/19 – Referred to Senate Judiciary Committee.
House Status:
04/03/19 – Returned to House clerk’s desk.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4, relative to medical marijuana.
SB279/HB274
CRIMINAL LAW: Removes controlled substance status from industrial hemp and products other than THC.
Sponsors:
Sen. Bowling, Janice , Rep. Reedy, Jay
Summary:
Specifies that industrial hemp and products other than isolated THC derived from industrial hemp are neither controlled substances nor subject to forfeiture, applies that specification to hemp and hemp-derived products if the state obtains primacy to regulate hemp production under the 2018 Farm Bill. Prohibits police searches based solely on the odor of cannabis.
Fiscal Note:
(Dated April 1, 2019) Increase State Expenditures Exceeds $25,000 Decrease State Expenditures $752,700 Incarceration** Decrease Local Revenue $233,600 Increase Local Expenditures Exceeds $250,000* Decrease Local Expenditures $897,100
Senate Status:
02/01/19 – Referred to Senate Judiciary Committee.
House Status:
04/03/19 – Taken off notice in House Constitutional Protections & Sentencing Subcommittee.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 38; Title 39; Title 40; Title 43; Title 53 and Section 67- 4-2802, relative to cannabis.
SB312/HB389
LABOR LAW: Drug testing by employers.
Sponsors:
Sen. Watson, Bo , Rep. Helton, Esther
Summary:
Prohibits medical review officers from considering prescriptions issued more than six months prior to a positive confirmed drug result for job applicants to determine immunity from actions authorized for employers to take.
Amendment Summary:
House Consumer & Human Resources Committee amendment 1 (006446) deletes and rewrites all language after the enacting clause such that the only substantive change is to define the terms “valid prescription” and “issued” relative to the provisions in the legislation.
Fiscal Note:
(Dated February 26, 2019) NOT SIGNIFICANT
Senate Status:
03/18/19 – Senate passed.
House Status:
04/11/19 – Set for House Floor on 04/18/19.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 8 and Title 50, relative to drug testing.
SB403/HB167
CRIMINAL LAW: Mandatory sentence for theft of a firearm.
Sponsors:
Sen. Stevens, John , Rep. Lamberth, William
Summary:
Requires a mandatory 30-day sentence for firearm theft, creates the Class D felony offense of bringing weapons, controlled substances or telecommunication devices into a penal institution, allows those with revoked or restricted driver license due solely to being habitual offender may petition the court that originally revoked their license to reinstate the person’s driver license.
Amendment Summary:
Senate Judiciary Committee amendment 1 (004195) changes the effective date for sections 1, 2 and 3 to January 1, 2020. Senate Judiciary Committee amendment 2, House Judiciary amendment 1 (004188) removes “any telecommunication device” from being considered unlawful for any person to possess while present in any penal institution where prisoners are quartered or under custodial supervision without the express consent of the chief administrator of the institution. House Judiciary amendment 2 (005342) changes the effective date of the authorization of a person whose diver license was revoked or restricted as a result of the Motor Vehicle Habitual Offender Act to petition a court for reinstatement of the person’s driver license to 30 days after the date upon which the Department of Safety Commissioner provides written notification to the Secretary of State and the Executive Secretary of the Tennessee Code Commission and the Department’s “A-list” driver license program is capable of implementing the act or January 1, 2020, whichever is earlier. House Judiciary amendment 3 (005529) requires the sixth and subsequent DUI’s be served at no less than 85% of the sentence.
Fiscal Note:
(Dated February 11, 2019) Increase State Expenditures Net Impact $10,713,700* Increase Local Expenditures $302,700**
Senate Status:
04/10/19 – Set for Senate Finance, Ways & Means Committee 04/16/19.
House Status:
04/11/19 – Set for House Floor on 04/17/19.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 39; Title 40 and Title 55, relative to criminal law.
SB486/HB637
HEALTH CARE: Tennessee Medical Cannabis Act.
Sponsors:
Sen. Bowling, Janice , Rep. Travis, Ron
Summary:
Authorizes access to medical cannabis on a regulated basis for patients with qualifying medical conditions. Licenses and regulates the processes for cultivation, production, distribution, transport, selling, and acquiring cannabis for medical use and research, with cancer, epilepsy, and HIV/AIDS among the classified qualifying conditions for medical marijuana. Prohibits a person from acquiring, possessing, or using medical cannabis without a valid cannabis card. Specifies that to obtain a medical cannabis card, a patient must be 18 years old, provide proof of residency, complete a written form, pay the $65 application fee, and submit a document of recommendation from a healthcare professional or provide medical records of the diagnosis. Requires that the department of agriculture and law enforcement have
access to all patient registry, and the cards will have an expiration date of two years. Establishes the medical cannabis commission for regulation of cannabis-related health care. Outlines commission role as well as qualifications for members, allowing them to issue cannabis cards by 2020. Requires commission to make information available online and to track seed-to-sale transactions. Declares a maximum of 12 urban omni licenses available in Tennessee, with a maximum of three of these in Knox, Shelby, Hamilton, or Davidson counties. Establishes a maximum of 12 RUVI licenses available in the state and the rules of operation. Defines the process of legalizing medical marijuana in your county by a two-thirds legislative vote, and the taxation of each licensure in the state (29 pp).
Senate Status:
02/07/19 – Referred to Senate Judiciary Committee.
House Status:
02/13/19 – Referred to House Mental Health & Substance Abuse Subcommittee.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 4; Title 38, Chapter 3; Title 39, Chapter 17; Title 43; Title 50; Title 53; Title 63; Title 67 and Title 68, relative to the “Tennessee Medical Cannabis Act.”
SB566/HB1293
HEALTH CARE: Date of reporting on the outcome of the controlled substances database program.
Sponsors:
Sen. Bowling, Janice , Rep. Faison, Jeremy
Summary:
Changes the annual date by which the commissioner of health must file a report with the appropriate committees of the senate and house on the outcome of the controlled substances database program with respect to its effect on distribution and abuse of controlled substances from March 1 to March 15.
Amendment Summary:
Senate Health and Welfare Committee amendment 1, House Health Committee amendment 1 (007754) rewrites the bill. Requires Commissioner of the Department of Health or the Controlled Substance Database Committee to release confidential information from the Controlled Substance Database to the Attorney General upon request. Authorizes the AG to disclose the confidential data to various designees associated with an investigation or litigation, for the purpose of reviewing, querying, or otherwise using the data in conjunction with investigating or litigating a civil action involving controlled substances.
Fiscal Note:
(Dated February 6, 2019) NOT SIGNIFICANT
Senate Status:
04/10/19 – Senate Health & Welfare Committee recommended with amendment 1 (007754), which rewrites the bill. Requires Commissioner of the Department of Health or the Controlled Substance Database Committee to release confidential information from the Controlled Substance Database to the Attorney General upon request. Authorizes the AG to disclose the confidential data to various designees associated with an investigation or litigation, for the purpose of reviewing, querying, or otherwise using the data in conjunction with investigating or litigating a civil action involving controlled substances. Sent to Senate Calendar Committee.
House Status:
04/09/19 – House Health Committee recommended with amendment 1 (007754). Sent to House Calendar & Rules.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 29; Title 39; Title 40; Title 43; Title 53 and Title 67, relative to controlled substances.
SB572/HB1011
HEALTH CARE: Electronic submission of the annual report on the distribution and abuse of controlled substances.
Sponsors:
Sen. Dickerson, Steven , Rep. Terry, Bryan
Summary:
Authorizes electronic submission of the annual report on distribution and abuse of controlled substances from the commissioner of health to the health committees of
the senate and the house of representatives under the Tennessee Prescription Safety Act of 2016. Broadly captioned.
Fiscal Note:
(Dated February 6, 2019) NOT SIGNIFICANT
Senate Status:
04/10/19 – Senate Health & Welfare Committee deferred to 2020.
House Status:
04/10/19 – Returned to House clerk’s desk.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29; Title 4, Chapter 3; Title 38, Chapter 3; Title 39, Chapter 17; Title 43; Title 50; Title 53; Title 63; Title 67 and Title 68, relative to controlled substances.
SB658/HB842
HEALTH CARE: Annual report on distribution and abuse of controlled substances.
Sponsors:
Sen. Bowling, Janice , Rep. Travis, Ron
Summary:
Changes from March 1 to February 15 the date by which the annual report on distribution and abuse of controlled substances must be submitted by the department of health to the health committees of the senate and the house under the Tennessee Prescription Safety Act of 2016. Broadly captioned.
Fiscal Note:
(Dated February 9, 2019) NOT SIGNIFICANT
Senate Status:
02/07/19 – Referred to Senate Judiciary Committee.
House Status:
02/07/19 – Caption bill held on House clerk’s desk.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29; Title 4, Chapter 3; Title 38, Chapter 3; Title 39, Chapter 17; Title 43; Title 50; Title 53; Title 63; Title 67 and Title 68, relative to controlled substances.
SB798/HB942
CRIMINAL LAW: Drug offenses involving fentanyl.
Sponsors:
Sen. Johnson, Jack , Rep. Lamberth, William
Summary:
Creates the penalty of a Class B felony for possession of 15 grams or more, or a Class A felony for 150 grams or more of fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue. Part of Administration Package.
Amendment Summary:
House amendment 1 (006901) deletes the language, under TCA 39-17-417, that states “listed in subdivisions (i)(1)-(11)” wherever it appears and substituting instead the language “listed in subdivisions (i)(1)-(12).”
Fiscal Note:
(Dated March 3, 2019) Increase State Expenditures $3,304,500 Incarceration*
Senate Status:
03/28/19 – Senate passed.
House Status:
04/10/19 – House passed with amendment 1 (006901).
Caption:
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4, relative to drug offenses.
SB919/HB103
ENVIRONMENT & NATURE: Revises definition of wild ginseng.
Sponsors:
Sen. Southerland, Steve , Rep. Faison, Jeremy
Summary:
Expands definition of “wild ginseng” to include introduced plantlets sourced from wild ginseng stock. Also provides the definition of plantlets.
Fiscal Note:
(Dated February 16, 2019) NOT SIGNIFICANT
Senate Status:
03/04/19 – Senate passed.
House Status:
03/21/19 – House passed.
Executive Status:
04/09/19 – Signed by governor.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 70, Chapter 8, Part 2, relative to ginseng.
SB1062/HB919
HEALTH CARE: Electronic transmission of data summary about high-volume prescribers and disciplinary actions.
Sponsors:
Sen. Dickerson, Steven , Rep. Terry, Bryan
Summary:
Authorizes electronic transmission of data concerning high-volume prescribers and any disciplinary action by the health department to the health committees of the legislative houses. Broadly captioned.
Fiscal Note:
(Dated February 10, 2019) NOT SIGNIFICANT
Senate Status:
04/10/19 – Senate Health & Welfare Committee deferred to 2020.
House Status:
04/10/19 – Returned to House clerk’s desk.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 29; Title 4, Chapter 3; Title 38, Chapter 3; Title 39, Chapter 17; Title 43; Title 50; Title 53; Title 63; Title 67 and Title 68, relative to controlled substances.
SB1066/HB120
CRIMINAL LAW: Increases penalties on illegal distribution of controlled substances and drugs.
Sponsors:
Sen. Dickerson, Steven , Rep. Terry, Bryan
Summary:
Increases the penalty for illegal distribution of controlled substances and drugs, specifically Schedule II substances or methamphetamine, fentanyl, carfentanil, or sufentanil, to a Class B felony if the amount found is between 0.1 and 10 grams, and to a Class A felony if the amount found is more than 10 grams.
Fiscal Note:
(Dated March 25, 2019) Increase State Expenditures $10,415,800 Incarceration* Increase Local Expenditures $718,100**
Senate Status:
04/02/19 – Taken off notice in Senate Judiciary Committee.
House Status:
04/03/19 – Taken off notice in House Criminal Justice Subcommittee.
Caption:
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to drugs.
SB1218/HB987
CRIMINAL LAW: Possession of marijuana.
Sponsors:
Sen. Niceley, Frank , Rep. Parkinson, Antonio
Summary:
Increases the amount of marijuana possessed or exchanged under the offenses of simple possession or casual exchange from less than one-half ounce to less than one ounce. Declares it to be an offense to knowingly possess or casually exchange marijuana. Prohibits the inference of purpose of selling or dispensing when the marijuana possessed or exchanged was less than one ounce of marijuana.
Amendment Summary:
House Judiciary Committee amendment 1 (005600) rewrites the bill to clarify that intent to sell cannot be inferred solely by the amount of plant marijuana present if that amount is not greater than one ounce but can be inferred by the presence of other evidence.
Fiscal Note:
(Dated March 11, 2019) Decrease State Expenditures $752,700 Incarceration* Increase Local Expenditures $21,100**
Senate Status:
02/11/19 – Referred to Senate Judiciary Committee.
House Status:
04/10/19 – Failed in House Judiciary Committee after adopting amendment 1 (005600).
Caption:
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to criminal offenses involving drugs.
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