Lawmakers Renew 'Pot for Potholes' Push

NASHVILLE — When new state laws went into effect on July 1, a number of hemp-derived products became illegal, prompting two lawmakers to renew efforts to pass the Pot for Potholes Act, which would legalize and regulate cannabis products in Tennessee and use the tax revenue for much-needed infrastructure projects.

State Senator Heidi Campbell and State Representative Aftyn Behn, both Democrats representing Nashville, introduced the legislation in February for the second consecutive year. Last year's effort stalled in the Senate and outright failed at the subcommittee level in the House, while this year's bill died at the committee level in the Senate.

The two lawmakers recently announced they intend to make a third attempt in the 2027 General Assembly, prompted by the July 1 state prohibition as well as the federal government's recent loosening, albeit slight, of cannabis regulations.

The Pot for Potholes Act would allow adults 21 and older in Tennessee to use marijuana legally. The act would set up a regulated system for growing, testing and selling marijuana. Businesses would need licenses, and all products would be regulated. A 15 percent tax would be imposed on marijuana sales.

According to statistics provided at pot4potholes.com, a site operated by Campbell and Behn, the State of Tennessee has a $58 billion backlog of highway and bridge projects.

They also argue on the website, "Let's not kid ourselves, Tennesseans are already purchasing cannabis products. They're just making those purchases across state lines, where our state sees no benefit. It's time to modernize Tennessee's marijuana laws."

"Let's rebuild our crumbling roads and bridges and invest in transit solutions by taxing legal cannabis. We can create new funding for our transportation infrastructure without raising taxes and inject billions into our agriculture economy, boosting small businesses and jobs."

"Our tested and regulated cannabis — that's grown and sold by Tennesseans — will quickly replace the black market marijuana that fuels crime and violent cartels. We also save taxpayer dollars by reducing the number of people who are put in jail for nonviolent, marijuana-related charges."

Under the bill, adults 21 or older would be allowed to possess up to 60 grams of marijuana (with up to 15 grams of concentrates) and to give another adult the same amount without payment. Adults would be allowed to grow up to 12 plants at home in a private, secured, non-visible area and possess and store the marijuana they grow. (Extra amounts must be locked.)

The bill also allows parents or guardians to administer non-smokeable cannabis to minors for medical reasons with a doctor consultation and a state form.

The bill establishes licensing for growers, processors, dispensaries, testing labs and transporters. Licenses would be overseen by the Tennessee Department of Agriculture. These businesses could legally cultivate, produce, process and test marijuana; sell marijuana products to adults; and transport marijuana between licensed facilities.

The bill requires testing for safety and potency; mandatory batch tracking and labeling; child-resistant packaging; restrictions on advertising; and clear rules for edibles, concentrates and infused products.

The bill prohibits penalties for legal cannabis behavior, including arrest or prosecution. Cannabis use alone cannot be used to restrict child custody or conservatorship. Cannabis use cannot disqualify someone from public assistance programs like SNAP, WIC, TANF or TennCare. Cannabis use or possession cannot revoke firearm rights under state law.

Employers may still restrict workplace use, but off-duty cannabis use cannot by itself be considered "misconduct" for denying unemployment benefits.

Property owners may ban cannabis on their property. However, landlords cannot prevent tenants from possessing or using non-smokeable marijuana inside their residence.

The bill also establishes clear restrictions. It would still be illegal to smoke in motor vehicles, aircraft, watercraft or public places (except areas cities designate for ages 21-plus only). It would still be illegal to possess or use marijuana in schools, childcare facilities, school buses and correctional facilities. Selling or giving marijuana to minors will be illegal, as will using dangerous extraction methods in public or near homes.

The act emphasizes protecting Tennessee farmers and small businesses; preventing industry monopolies; ensuring locally controlled cannabis commerce; and funding product safety measures and protections for minors.