Tennessee’s CBD Laws

Summary Tennessee’s 2015 CBD law — SB 280 — provides protections for certain individuals who possess cannabis oils that are rich in one of the primary active ingredients in medical marijuana, cannabidiol (also referred to as CBD). The new law allows only oils that contain no more than trace amounts of tetrahydrocannabinol (or THC) — 0.9%. SB 280 was intended to improve the state’s 2014 CBD-focused law, SB 2531, which required that a hospital or state university-affiliated clinic supervise the study of cannabis oil. It also relied on Tennessee Tech to cultivate marijuana. Both requirements rendered the law unworkable in light of the federal government’s prohibition of CBD and marijuana. CBD is considered a controlled substance by federal law enforcement authorities, and hospitals and universities often rely heavily on federal grants and other programs for their work. Without authorization from federal law enforcement, it is unlikely either type of institution would participate in such a law, and those in Tennessee were no exception. As a result, the original law did not result in a functioning program for patients. The new law requires that a person obtain cannabis oil lawfully from another state and transport it back to Tennessee. It must be in a bottle labeled by the manufacturer showing it contains no more than 0.9% THC. The person must have “a legal order or recommendation” from the other state. Limited Access for Patients Unfortunately, almost all medical cannabis states require residency to participate in regulated medical marijuana programs. In addition, transporting CBD — a federally controlled substance — exposes individuals to prosecution from other states’ and federal law enforcement authorities, since no state that borders Tennessee has an operational medical marijuana program that allows non-residents to qualify. While SB 280 was intended to provide relief to seriously ill seizure patients, its provisions are unlikely to offer a better solution. CBD-Only Laws Leave Behind Most Patients In addition to the legal and logistical hurdles presented by the current laws in Tennessee, they also come up short on scientific support and practical application. CBD is one of approximately 85 active compounds — called cannabinoids — found in marijuana. While high-CBD marijuana has been effective at treating seizures, the number of individuals treating seizure disorders through medical marijuana programs is only a relatively low percent of the

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total patients who could benefit from medical marijuana. For example, only two percent of the registered patients in both Rhode Island and Colorado report seizures as their qualifying conditions. Ninety-eight percent of patients in most state programs suffer from conditions apart from seizure conditions, including cancer, glaucoma, HIV/AIDS, Crohn’s disease, hepatitis C, multiple sclerosis, Lou Gehrig’s disease, post traumatic stress disorder, wasting syndrome, severe pain, severe nausea, multiple sclerosis, and Alzheimer’s disease. These patients will unfortunately be left behind in Tennessee until a substantive law similar to other medical marijuana states can be adopted. THC Has Medicinal Value and May be Necessary Further, there is some evidence that CBD, like the many cannabinoids in the marijuana plant, actually requires the presence of other compounds contained in the plant for it to be effective, known as the “entourage effect.”1 Research has not yet been conducted on this theory, and it is unclear if the allowable amount of THC in the current laws in Tennessee, less than one percent, is sufficient for patients. Several parents of children with seizure disorders have found that a greater proportion of THC is needed to reduce the frequency and intensity of their seizures. Currently, 23 states and the District of Columbia2 have workable medical marijuana laws that include access to marijuana, including THC, a well-known cannabinoid. Ironically, the federal government has long since recognized the medical value of THC, which is largely ignored in Tennessee’s laws. In 1985, the FDA approved a prescription drug that is made of synthetic THC — Marinol — for nausea. Conclusion While Tennessee has taken important steps in recognizing the medical value of marijuana, its current laws fall short:

• Seriously ill patients must travel to another state and transport a federally illegal substance across state lines;

• Other state medical marijuana programs almost always require residency in order to provide medical marijuana-related products;

• There is no realistic in-state access: hospitals and universities are extremely unlikely to openly commit federal felonies by growing or distributing cannabis;

• The law leaves out the vast majority of patients who could benefit from access to medical marijuana; and

• The law does not allow more than trace amounts of THC, which is known to have medical value and may be required in higher amounts for treatment using CBD to be effective.  

                                                                                                                         1 Dr. Sanjay Gupta, “Medical marijuana and 'the entourage effect,'” CNN, March 11, 2014, http://www.cnn.com/2014/03/11/health/gupta-marijuana-entourage/ 2 Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New York, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia have programs that allow patients access to the medical marijuana plant and all its active ingredients.