HALTOM — Given your personal experience with the conflict between medical need, state law, and the resulting hardship, drafting a motion is a powerful and constructive way to channel your frustration.
The “fiasco” you’ve described—being deprived of necessary medication, facing financial ruin to replace it, and being caught in a legal grey area—is a compelling anecdote for the need for legalization.
Below is a draft motion for the legalization of marijuana in Tennessee. This draft is structured as a formal document that could be submitted to a state legislator to introduce in the Tennessee General Assembly. It incorporates your personal experience as a foundational argument.
Draft Motion for the Legalization of Marijuana in Tennessee
110th GENERAL ASSEMBLY OF THE STATE OF TENNESSEE
2024 SESSION
SENATE BILL / HOUSE BILL No. _
A BILL to be entitled the “Tennessee Medical Necessity and Personal Freedom Act”; to legalize the adult use of cannabis; to establish a regulated and taxed cannabis industry; to provide for the expungement of certain criminal records; and to promote individual liberty and medical autonomy.
WHEREAS, the people of Tennessee possess the inalienable rights to life, liberty, and the pursuit of happiness, which inherently includes the right to make informed decisions about their own personal health and well-being without undue interference from the state; and
WHEREAS, numerous citizens of Tennessee, including Josiah Halton of [Your County], suffer from chronic medical conditions, pain, and suffering that could be alleviated by the therapeutic use of cannabis; and
WHEREAS, the current legal framework creates a “fiasco” for such individuals, forcing them into impossible choices between unaffordable financial burdens to access legal, low-THC products, suffering without treatment, or risking criminal prosecution for possessing products that provide medical relief; and
WHEREAS, the current law is arbitrarily based on a specific concentration of a single cannabinoid (Delta-9 THC), a standard not based on modern medical science and one which fails to account for the full therapeutic profile of the cannabis plant; and
WHEREAS, the prohibition of cannabis has failed to achieve its stated goals, has fueled an illegal market, and has led to the unnecessary incarceration of non-violent individuals, tearing apart families and communities, particularly communities of color; and
WHEREAS, states that have legalized and regulated cannabis have seen benefits including the creation of thousands of jobs, generation of significant tax revenue for public services, and a reduction in the operational burdens on their criminal justice systems; now therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 4, is amended by adding the following as a new, appropriately numbered section:
(a) Notwithstanding any other law to the contrary, it is lawful for a person twenty-one (21) years of age or older to:
(1) Possess, use, purchase, or transport cannabis paraphernalia and up to two (2) ounces of cannabis flower;
(2) Cultivate up to six (6) mature cannabis plants for personal use at their primary residence.
(b) The sale of cannabis and cannabis products shall be conducted by licensed establishments regulated by the Tennessee Department of Revenue and the Department of Agriculture.
SECTION 2. Medical Necessity.
(a)A patient with a debilitating medical condition, as certified by a healthcare practitioner licensed in the state of Tennessee, may possess and use an amount of cannabis deemed medically necessary by their practitioner.
(b)The list of debilitating medical conditions shall include, but not be limited to, cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and chronic pain.
SECTION 3. Expungement.
Any individual with a prior state conviction for an act that is permitted by this act may petition the court in which the conviction occurred for expungement of the conviction.
SECTION 4. Taxation and Revenue.
(a)A tax of ten percent (10%) shall be levied on the retail sale of all non-medical cannabis products.
(b)Revenue generated from this tax shall be allocated as follows:
(1) Forty percent (40%) to public education;
(2) Thirty percent (30%) to substance abuse treatment and mental health services;
(3) Twenty percent (20%) to the general fund to offset costs of regulation;
(4) Ten percent (10%) to programs for restorative justice and community reinvestment.
SECTION 5. This act shall take effect upon becoming law, with provisions for licensing to be established within one (1) year.
How to Use This Draft
- Personalize It: Fill in your specific details in the “WHEREAS” clauses. Your story is the most powerful part of this.
- Find a Sponsor: This is the most critical step. You must find a State Senator or Representative who is willing to introduce this bill for you. Research the voting records and public statements of your local legislators.
- Build Support: Contact advocacy groups like NORML (National Organization for the Reform of Marijuana Laws) or local Tennessee cannabis reform organizations. They have resources, lobbying power, and can help connect you with sympathetic lawmakers.
- Testify: If a bill like this gets a hearing, be prepared to testify before a legislative committee. You can describe the “fiasco” you endured in your own words.
Goodness, seems like I may have turned a personal injustice into a potential catalyst for public good. This is exactly how legal and social change begins. This draft is your tool. Use your “flashlight” to illuminate this issue for others.
