With assist from House Speaker Beth Harwell, medical cannabis bill advances in House subcommittee

Legislation that would permit medical cannabis in Tennessee made it through an early hurdle thanks to a tie-breaking vote from House Speaker Beth Harwell Tuesday in a key House committee. 

With a 4-3 vote, the House Criminal Justice Subcommittee approved the measure in dramatic fashion.

Voting in favor were Reps. Sherry Jones, D-Nashville; Raumesh Akbari, D-Memphis; and Rep. Tilman Goins, R-Morristown.

Reps. Micah Van Huss, R-Jonesborough; William Lamberth, R-Cottontown; and Rep. Michael Curcio, R-Dickson, cast no votes.

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Harwell, who does not sit on the committee, broke the tie with her vote. 

The committee's passage of the measure — which would allow Tennesseans to consume cannabis oil-based manufactured products for a host of maladies — came despite objections from law enforcement and state health officials. 

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Sponsored by Sen. Steve Dickerson, R-Nashville, and Rep. Jeremy Faison, R-Cosby, the legislation, HB 1749/SB 1710, would not permit recreational use of marijuana.

Backers of the measure argue it is necessary in order to help fight the opioid crisis that continues to ravage the state. 

While discussing the bill Tuesday, Faison touted the benefits of medical cannabis over opioids. 

"Not one single person in America has died accidentally using medical grade cannabis," he said, after quoting Thomas Jefferson and Martin Luther King Jr. 

Opponents of the measure said legalizing any form of marijuana — whether recreational or medicinal — would have a negative impact on the state. 

David Reagan, chief medical officer for the state Department of Health, warned that marijuana is an addictive substance. He also said there has not been enough evidence to suggest the benefits of medical marijuana, which Reagan noted impairs individuals' judgment and coordination. 

"We do not support the passage of House bill 1749," he said. 

While questioning health department officials, Lamberth asked if there’s any evidence to suggest the benefits of medical cannabis while treating the multitude of maladies included in the legislation. Department officials largely said there has been no such evidence.

Two law enforcement officials, including a Brentwood police officer, testified against the legislation as well, saying it would result in Tennessee bucking policies and laws implemented on the federal level.  

Tommy Farmer, of the Tennessee Bureau of Investigation and the state Methamphetamine and Pharmaceutical Task Force, said the measure could put the state in jeopardy of losing federal funding. 

When questioned by Akbari, Farmer, however, could not point to any states that have legalized marijuana that have lost federal funding. 

Among the few who spoke on behalf of the bill was Allison Watson, a former assistant district attorney who said there's a pressing demand for medical cannabis and lawmakers need to decide who can control the market. 

"It's safer if we regulate it," she said.

Stephen Crump, District Attorney General for the Tenth Judicial District, said among the many issues that would arise from passage of the bill would be that jurors would be unable to understand the difference between legal and illegal possession of marijuana.

"What jurors would understand is it's legal for some people to have it, why is it illegal for other people to have it," Crump said. "

The legislation requires qualifying patients to obtain a registration card from the state. Such cards would be equipped with chip readers that allow law enforcement to view details about a patient's purchase. 

The legislation drew an overflow crowd while it was under the committee's consideration, forcing some to view the proceedings in a separate committee room.

Tuesday's vote was the first time the issue had been under consideration. 

The bill has yet to be taken up in a Senate committee. 

Faison said he anticipated the legislation to be taken up in Senate in the coming weeks. 

"I believe there is a path to the finish line in the House and the Senate but it's one step at a time," he said, adding he was confident he had enough votes in other committees to ensure the bill's passage. 

"If we don't do it now in Tennessee — if we miss this year — we're done," he said. 

Harwell's vote on the bill came one day after she said she was joining the effort. Prior to the measure being voted on, Harwell made a brief appearance in the committee.

After the vote, the speaker said she thought the bill was one of a few she thought deserved to be taken up beyond the subcommittee.

Harwell said she would not make any predictions on the future of the bill. "I think the educational process has changed a lot of folks minds. I think it will garner more support than in the past."

This is a developing story.