The Crazy World of Somewhat Legal Cannabis
One thing is for certain: I don't practice criminal law. Another thing is for certain: I have significant experience practicing juvenile law. And with some states (but not the federal government) legalizing marijuana for recreational use and other jurisdictions such as Metro Nashville Davidson County not enforcing certain simple possession laws, the law can get more confusing every day. In preparing this blog post, I've learned some new words:
Tetrahydrocannabinol (THC)
Delta-8
Cannabidiol (CBD)
Marihuana (or Marijuana)
Cannabis
Taylor Worsham of The Tennessean did outstanding work with her article dated May 21, 2022: "What is Delta-8 and its legal status? Here's what you need to know about the cannabis variant". So no plagiarism here. Credit where due. And I shared Ms. Worsham's article on the Cloud Nine Higher Facebook portal.
The Worsham article states, in short, that the Tennessee General Assembly left some "gray area" in the area of cannabis law in our state in its 2022 session. It did not outlaw cannabis (which is legal under federal law) but did not regulate it either.
James Rose hereby goes "on the record": I have no strong position on legalizing (or keeping illegal) marihuana and product variants. But if they are legalized, they should be regulated and taxed accordingly (just like alcohol is). I love taxes that I can choose not to pay. They are the best kind of taxes in my view. Laws and regulations keep us safe or at least strive to keep us safe, i.e. laws against driving impaired or being publicly intoxicated.
From all I understand, some alcoholic beverages are taxed extra. In other words, beyond the standard state and local sales taxes. This might not be a bad idea for THC variants.
But if you're a parent, you still may wish to steer clear of Delta-8 and the other substances listed above. My work in the juvenile court here in Nashville involves representing parents who are at risk of losing custody or having restricted contact, i.e. supervised visitation with no overnight visitation. I also serve as a Guardian Ad Litem, representing the interests of the juvenile.
And our Department of Children's Services and our courts still frown heavily regarding the use of the substances discussed in this blog post. Some parents think that THC has been "decriminalized" in Davidson County. Perhaps in a sense it has. But it still remains a Schedule I drug per the federal Controlled Substances Act (U.S. Code Title 21, Chapter 13) and is also a Schedule VI drug per the Tennessee Drug Control Act of 1989 (Tennessee Code Annotated Title 39, Chapter 17, Part 4).
Most of the juvenile court dependency and neglect cases in my experience locally are related to illegal drugs, domestic violence, or both.
For now, some of these cannabis products are legal. But traditional, full fledged Tetrahydrocannabinol (THC), Marijuana, and/or Marihuana are not legal in Tennessee and are not legal under federal law. From what I understand, federal law limits state tax collections in states where THC has been legalized for recreational use.
So whether you are in Davidson County or another county, be aware. And if you are a parent, be wary.
James A. Rose
Publisher
Tetrahydrocannabinol (THC)
Delta-8
Cannabidiol (CBD)
Marihuana (or Marijuana)
Cannabis
Taylor Worsham of The Tennessean did outstanding work with her article dated May 21, 2022: "What is Delta-8 and its legal status? Here's what you need to know about the cannabis variant". So no plagiarism here. Credit where due. And I shared Ms. Worsham's article on the Cloud Nine Higher Facebook portal.
The Worsham article states, in short, that the Tennessee General Assembly left some "gray area" in the area of cannabis law in our state in its 2022 session. It did not outlaw cannabis (which is legal under federal law) but did not regulate it either.
James Rose hereby goes "on the record": I have no strong position on legalizing (or keeping illegal) marihuana and product variants. But if they are legalized, they should be regulated and taxed accordingly (just like alcohol is). I love taxes that I can choose not to pay. They are the best kind of taxes in my view. Laws and regulations keep us safe or at least strive to keep us safe, i.e. laws against driving impaired or being publicly intoxicated.
From all I understand, some alcoholic beverages are taxed extra. In other words, beyond the standard state and local sales taxes. This might not be a bad idea for THC variants.
But if you're a parent, you still may wish to steer clear of Delta-8 and the other substances listed above. My work in the juvenile court here in Nashville involves representing parents who are at risk of losing custody or having restricted contact, i.e. supervised visitation with no overnight visitation. I also serve as a Guardian Ad Litem, representing the interests of the juvenile.
And our Department of Children's Services and our courts still frown heavily regarding the use of the substances discussed in this blog post. Some parents think that THC has been "decriminalized" in Davidson County. Perhaps in a sense it has. But it still remains a Schedule I drug per the federal Controlled Substances Act (U.S. Code Title 21, Chapter 13) and is also a Schedule VI drug per the Tennessee Drug Control Act of 1989 (Tennessee Code Annotated Title 39, Chapter 17, Part 4).
Most of the juvenile court dependency and neglect cases in my experience locally are related to illegal drugs, domestic violence, or both.
For now, some of these cannabis products are legal. But traditional, full fledged Tetrahydrocannabinol (THC), Marijuana, and/or Marihuana are not legal in Tennessee and are not legal under federal law. From what I understand, federal law limits state tax collections in states where THC has been legalized for recreational use.
So whether you are in Davidson County or another county, be aware. And if you are a parent, be wary.
James A. Rose
Publisher
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