Tennessee lawmakers did not make medical marijuana legal in the state this year but did pass legislation that could pave the way for that in the future, Local Memphis reports. On the final day of the legislative session, members reached an agreement to form a special commission to study and prepare recommendations on how best to "establish an effective, patient-focused medical cannabis program.” The bill also would decriminalize the possession of cannabis oil containing 0.9% or less of THC for patients with nine debilitating medical conditions. Patients would have to secure a letter from their doctor every six months and purchase the oil out of state since it is not sold in Tennessee. The bill now goes to the governor.

Before the General Assembly adjourned for the year, the House passed the Senate-amended version of HB1072/SB915, sponsored by Sen. Brian Kelsey, R-Germantown, and Rep. Michael Curcio, R-Dickson, by a vote of 71-21. As originally drafted, the bill would have banned local governments from filing lawsuits to challenge the constitutionality of state laws, but it was amended by Sen. Kelsey during Senate consideration to allow the state to appeal as of right an interlocutory order issued by a circuit or chancery court that grants, continues or modifies an injunction, or if the order denies a motion to dissolve or modify an injunction. This provision only would apply to lawsuits brought against the state, department, agency or official that challenge the constitutionality of a state statute. The bill now goes to the governor for his signature.

The Tennessee General Assembly last night adjourned for the year with a flurry of last-minute negotiations over proposed changes to the court system, the Tennessean reports. Lawmakers reached a compromise regarding HB1130/SB868, which sought to create a statewide chancery court. In the end, the conference committee crafted a measure that created a three-judge panel of trial court judges – two of whom are to be appointed by the Supreme Court and must hail from the other two grand divisions – to handle constitutional challenges and declaratory/injunctive claims against the state, a department/agency of the state, and/or one of its officers. The measure, which combined a number of elements of previously unsuccessful bills – including the venue for out-of-state plaintiffs to be held in Sumner County – passed the House 67-22-1 and the Senate 27-2 just minutes before adjournment. For more in depth information on this bill and several others, check out the latest episode of the TBA Legislative Update podcast. TBA Executive Director Joycelyn Stevenson hosts today's episode and interviews TBA Director of Public Policy and Government Affairs Berkley Schwarz and Adams and Reese attorney and TBA lobbyist Brad Lampley for a behind-the-scenes look at TBA’s lobbying efforts. Legislative Updates can be found on the TBA’s Facebook page, website and anywhere you listen to podcasts.

HB1072/SB915, legislation from Sen. Brian Kelsey, R-Germantown, and Rep. Michael Curcio, R-Dickson, that would have banned local governments from filing lawsuits to challenge the constitutionality of state laws, was amended and passed by the Senate today on a 17-10 vote. The amended legislation provides that in a suit brought against the state, department, agency or official that challenges the constitutionality of a state statute, the state may appeal as of right from an interlocutory order of a circuit or chancery court that grants, continues or modifies an injunction; or denies a motion to dissolve or modify an injunction. The amended bill will now be considered by the House.

Additionally, today the Senate passed SB868, as amended by the Senate Finance Committee, to create a statewide chancery court, despite the House passing a version of the bill that would create a Court of Special Appeals. As reported last night, the two chambers will have to work out their differences in a conference committee. House members appointed to the conference committee are Rep. Andrew Farmer, R-Sevierville; Rep. Michael Curcio, R-Dickson; Rep. Johnny Garrett, R-Goodlettsville; and Rep. Darren Jernigan, D-Old Hickory. As of press time, the Senate had not yet announced its members of the conference committee. Earlier today, the Senate announced it will adjourn for the year tonight.

The TBA continues to work with lawmakers on these bills. To learn more about TBA’s lobbying efforts related to these bills and other legislation this session, tune in tomorrow to TBA’s Legislative Update on FacebookLive or the TBA Podcast Network. TBA Executive Director Joycelyn Stevenson will sit down with TBA Director of Public Policy and Government Affairs Berkley Schwarz and TBA lobbyist Brad Lampley of Adams and Reese to discuss the final days of the legislative session.

Tennessee Rep. Justin Lafferty, R-Knoxville, is facing criticism for remarks he made on the House floor yesterday during debate on whether educators should be restricted when teaching about racism in America. According to New Channel 5, Lafferty said the 18th century policy designating a slave as three-fifths of a person was adopted for “the purpose of ending slavery.” Black Caucus Chair Rep. Antonio Parkinson, D-Memphis, called the comment "alarming," and insulting when other Republican members clapped for Lafferty. The Three-Fifths Compromise was adopted in 1787 during the nation’s Constitutional Convention. It classified an enslaved person as three-fifths of a person for the purpose of apportioning taxes and states’ representation in Congress.

The Senate Finance Committee today took up SB868, legislation creating a statewide chancery court, and passed the bill without incorporating the House Finance Committee amendment that would instead create the Court of Special Appeals. With the House and Senate versions of SB868/HB1130 conflicting, the two chambers will have to try to work out their differences in a conference committee. TBA lobbyists have been deeply engaged throughout this process, talking to legislators about the different proposed changes to the court system and expressing our grave concerns about the ramifications of these changes. We anticipate that another House amendment to HB1130 will be offered tonight on the House floor. Additionally, SB843/HB513, making it a felony for protesters to obstruct a highway and granting immunity to drivers who unintentionally injure or kill someone blocking a road, was tabled for the year during a special meeting of the Senate Judiciary Committee today.

The state House of Representatives last night passed legislation that changes police use-of-force policies, the Nashville Post reports. The bill, SB1380/HB1406, bans chokeholds unless an officer believes deadly force is authorized, requires officers to intervene if witnessing excessive force by other officers, requires de-escalation policies be developed and prohibits the issuance of no-knock warrants. The Senate unanimously approved the bill last week.

The House Finance Committee today considered and passed an amendment to HB1130/SB868, legislation that previously would have created a new statewide chancery court. The latest amendment, which replaces all previous versions of the bill, would create a new Court of Special Appeals composed of three judges, one from each grand division of the state. The governor would appoint the judges, and then the voters would elect each judge through a statewide retention election. Initial terms would begin on Oct. 1 of this year.
 
The Court of Special Appeals would have jurisdiction over appeals of cases challenging the constitutionality of a statute, Executive Order or administrative rule brought against the state, a state department, a state agency or any state official acting in an official capacity. The amendment defines “challenging the constitutionality” as a civil cause of action “alleging a statute, rule or Executive Order is unconstitutional at all times and under all circumstances or has been applied in an unconstitutional manner.” Additionally, the state attorney general could ask the Court of Special Appeals to review a judgement on the issue of constitutionality in a proceeding in which the attorney general has intervened on behalf of the state. Both the Court of Special Appeals and the trial court would have to grant permission for the interlocutory appeal. The original court of jurisdiction would maintain jurisdiction over the remainder of the case and would stay its proceedings until the Court of Special Appeals or Supreme Court ruled on the issue certified. Review by the Court of Special Appeals is de novo.
 
Finally, the amendment provides that the jurisdiction of the Court of Special Appeals would be appellate only, except that it would have original jurisdiction over any case challenging a statute that apportions or redistricts state legislative or congressional districts.  
 
The Court of Special Appeals would sit in the supreme court buildings in Knoxville, Nashville and Jackson and act as a three judge panel with the majority prevailing.
 
HB1130 as amended is scheduled to be on the House floor tomorrow. The Senate Finance Committee is also scheduled to consider the legislation tomorrow, but it is unknown whether Senate leaders have agreed to the House amendment. The legislature is expected to adjourn for the year this week.

Gov. Bill Lee recently signed a resolution honoring and commending Vanessa Pettigrew Bryan for her distinguished service to the state as public defender for the 21st Judicial District, the Williamson Herald reports. Bryan retired in November 2020 after 31 years of service. The resolution, introduced by Franklin lawmakers Rep. Sam Whitson and Sen. Jack Johnson, commends Bryan on her “honorable and astute service” and wishes her “a happy and fulfilling retirement.” In addition to serving as public defender, Bryan sat on the board of directors of the 21st Judicial District Drug Court and the D.U.I. Drug Court, and volunteered with Discovery House, Magdalene House, Mending Hearts, Mercy Clinic, Nashville Rescue Mission, New Life Lodge and the Refuge Center, among other organizations.

Tennessee lawmakers recently gave final approval to a bill that will allow athletes at colleges in the state to earn money off their name, image and likeness. Schools would be required to conduct financial literacy workshops and players would be prohibited from endorsing gambling, alcohol, tobacco or adult entertainment products. Gov. Bill Lee is expected to sign the bill, the Nashville Post reports. The bill will take effect Jan. 1, 2022. The move comes as the NCAA is considering a nationwide name, image and likeness framework.