Advocates sobered by medical marijuana bill language

CLARKSVILLE, Tenn. – They didn't have to pass it to find out what's in it, but some advocates of medical marijuana were wondering if passing the Republican version was worth the wait after the legislation made it to the floor of the Tennessee House of Representatives on Tuesday.

The Leaf-Chronicle received a PDF copy of the legislation early Tuesday morning.

In some ways, the bill – HB1284 in the House and SB1248 in the Senate – breaks new ground for conservative lawmakers in the state in terms of what medical conditions warranted medical marijuana (MMJ) treatment, what parts of the marijuana plant were considered usable and in the types of acceptable drug delivery methods, like vaporization.

But MMJ advocates like Bernie Ellis, a respected epidemiologist and Tennessee farmer, hoped to see something that would benefit both patients and growers in the state. Instead, he quickly identified several stipulations that amount to a "poison pill" that would severely restrict access, or make access punitive, while allowing only the wealthy to take part in the benefits of growing, manufacture and sales.

Chief among his objections is a stipulation that patients undergoing treatment with cannabis products would have to surrender their driver's licenses for the entire period of treatment. Anyone with a registry card caught operating a motor vehicle could have their card revoked in a hearing.

'Not supportable'

Ellis called the bill "a crock," and "not supportable on several levels," and suggested the whole thing be tabled for summer study or killed outright.

This after issuing a hopeful statement on Saturday in which he said the bill's sponsors should be thanked for moving the issue forward.

Regarding the driver's license requirement, Ellis asked, "Just which cancer and MS patients can afford that?"

"Patients must go through pre-approval process that would delay access for unknown length of time," he said.

The restrictions on providers are financially daunting.

"Only six providers to be chosen, they must be capable of throwing away $50,000 just for the right to apply and, if chosen, must be able to have $1 million in escrow at all times. For, pray tell, what?"

On top of the heavy application fee and $1 million in escrow requirement, there is a $5 million performance bond, and a lengthy list of rigid requirements that few, if any, small growers or suppliers could likely meet.

'Bad legislation'

The heavy capitalization requirements also dashed the hopes of Nashville Rep. Sherry Jones, sponsor of last year's Koozer-Kuhn MMJ legislation, who had hoped that MMJ legalization would be a boon for small farmers who had lost so much income from tobacco production.

"How can most Tennessee farmers make any money from this?" Jones asked Tuesday night. "Most don't have that kind of cash up front."

Jones said the bill was offered with no questions or discussion before being recommended for passage and sent by the health subcommittee to the full committee.

"I want something to pass" Jones said. "I really do, but this is set up for people who are already processing marijuana or who are millionaires."

A group called TennCanGrow, listed as involved in "health and healthcare, botanical pharmaceutical growth, manufacture and sales" hired a lobbyist to help in writing the bill, sponsored by Sen. Steven Dickerson, R-Nashville, and Rep. Ryan Williams, R-Cookeville.

Jones said despite earlier statements she would vote for the bill rather than see nothing happen for another year, she doesn't see how she can support it now.

"People have to have a hope this can work," she said. "I think of the people texting me and calling me, wondering if this was it, and then they get this. How can they give up their driver's licenses with everything else they're going through if they're a cancer patient or suffering some other severe illness? There's no sense in this stipulation. This is bad legislation."

Dickerson and Williams could not be reached for comment.

Philip Grey, 245-0719

Military affairs reporter

philipgrey@theleafchronicle.com

Twitter: @PhilipGrey_Leaf