Stockard on the Stump: Don’t start rolling doobies yet

(Photo: Getty Images)

Anyone who thought they could start burning weed in the streets (they already do it on Nashville’s Lower Broad) because of a pending federal move to reschedule marijuana might need to hold that flame.

Even though half the states allow it, Lt. Gov. Randy McNally has said repeatedly the discussion about medical marijuana (not recreational) “cannot start” until it’s downgraded from a Schedule I drug, which puts it in the same class as cocaine and heroin.

Despite the Drug Enforcement Agency’s plan to make it a Schedule III drug, McNally this week, “Removal would only start the conversation in my mind.”

Numerous other issues would have to be resolved, he said, since Schedule III drugs remain highly regulated and dispensed only by pharmacists at a doctor’s direction and usually for short-term use only. The state also has a Tennessee Medical Cannabis Commission to handle changes, said McNally, a pharmacist by trade.

“But marijuana has not been downgraded at this time. The DEA has merely indicated an intention to start a long process. If the drug is actually removed from Schedule I, I would be willing to re-engage in the conversation. But until that day, the situation remains the same and so does my position,” he said in a statement.

House Speaker Cameron Sexton’s office issued a statement that said medical cannabis could move forward without the Legislature.

“Controlled substances are never recreational. However, moving it from schedule I to Schedule III does allow pharmaceutical companies to start the process of making it for medical purposes through a prescription process. At this point state legislation isn’t needed to make it medical,” the office said.

Boo, sayeth Democratic lawmakers such as Rep. Jesse Chism of Memphis and Sen. London Lamar, both of Memphis. The Royal and Ancient cannot rule forever.

“Reclassifying marijuana as a less dangerous drug at the federal level is a historic decision driven by common sense,” Lamar said in a statement this week.

She contends Republican lawmakers are keeping the state in the “dark ages” on pot policy by continuing to lock up folks for possessing “a plant. Her ultimate goal is to legalize marijuana in Tennessee, and she says the DEA’s effort is “incredible news” for those who use natural medical cannabis for chronic pain and illness.

Reclassifying marijuana as a less dangerous drug at the federal level is a historic decision driven by common sense.

– Sen. London Lamar, D-Memphis

Likewise, Chism pointed out the state has spent millions enforcing “outdated and harmful” marijuana laws, in addition to ignoring the financial benefits of legalization. He’s sponsored bills to decriminalize marijuana and allow medical use in addition to trying to put a non-binding referendum on the ballot.

“The main point of contention has always been its federal classification,” he said in a statement. Since that could be going away, it’s time to change laws, he believes.

Ah yes, the old excuse most states ignore, and that includes states such as Missouri and Arizona.

House Republican Caucus Chairman Jeremy Faison says debate on the matter could be renewed, pointing out the Legislature “has traditionally had great consternation with cannabis” because of the Schedule I status.

Since the Medical Cannabis Commission has had a couple of years to prepare for a DEA move, he anticipates “it being a topic of much greater conversation next year” than in recent years.

When lawmakers were stationed at the Legislative Plaza, medical marijuana was drawing support from numerous Republican lawmakers. After their move to Cordell Hull, they’ve been more interested in beating LGBTQ people over the head and encouraging every numbskull in the state to carry guns. 

Those have proven to be an effective use of time?

Oddly enough, Tennessee allows hemp-derived delta-9 products such as gummies, most of which have up to 15 milligrams of THC, the stuff that causes a high. Yet lighting up remains taboo, unless you’re hanging out in Nashville where the district attorney won’t spend time prosecuting possession of less than a half ounce of weed. 

(This would be a good opportunity to reference the iconic SNL motivational speaker Matt Foley’s “living in a van down by the river,” but I just used that a couple of months ago.)

Oh well, “Party on, Wayne. Party on, Garth.” Oops, If forgot, this is about medical use only – for now.

Tempest in teapot

The Tennessee Coalition for Open Government started hearing grumbles about a public records bill even before the measure fell apart in the final minutes of the 113th General Assembly.

Chaos and last-minute maneuvering often lead to the demise of legislation because lawmakers can’t handle information overload. They’re ready to go home where the spotlight isn’t nearly as bright (so they can raise money and campaign for another two years of wasted time).

This time it led to failure of a bill designed to stop non-government third-party groups from intervening in public records challenges, which the coalition claims increases court costs and makes it almost impossible for anyone to question government moves to close records.

“Late opposition caused some … confusion, and it was just hard to overcome that at the last minute,” said Deborah Fisher, executive director of the Tennessee Coalition for Open Government.

Opponents included House Majority Leader William Lamberth, and a faction of Covenant School parents entered the mix too, according to Fisher. That group intervened last year in a public records lawsuit filed by state Sen. Todd Gardenhire against Metro Nashville to obtain the writings of the Covenant School shooter who killed six people last March, including three 9-year-olds. The matter remains unresolved.

Considering the convolution, it wasn’t much of a surprise when Republican Rep. Jody Barrett stood in the well on the recent session’s final day and said he couldn’t deal with Senate machinations and decided to put an end to the bill for this year.

That wasn’t really the case, though, considering the public records bill was initially on a consent calendar for non-controversial items.

What he really meant to say was that senators amended his bill that would allow civil lawsuits on obscenity cases, “and then the Senate wouldn’t work with me on fixing it.” (State Affairs reported on the matter earlier this week.)

Maybe the House members don’t understand what dysfunction is. I guess working together and passing something unanimously, in their view, is dysfunction.

– Sen. Todd Gardenhire, R-Chattannooga, addressing remarks by Rep. Jody Barrett

Thus, it wasn’t the public records bill but another one that got in the way. And we thought the Legislature didn’t deal in horse trading.

In addition, Barrett, a first-termer from Dickson, blamed Senate Judiciary Chairman Todd Gardenhire for amending his bill when it was really Republican Sen. Paul Rose of Covington who did the dirty deed.

Rose acknowledged Thursday he sponsored an amendment, after consulting state attorneys, that would require a conviction in obscenity cases before a civil lawsuit could be filed. The thinking was that the bill as first written could lead to a flood of frivolous lawsuits, and, besides, the state already has laws against obscenity that district attorneys can prosecute. The question is whether they’re taking them to trial, in part because of disagreement over what is obscene. One man’s masterpiece is another man’s crappy art.

While Barrett argued in a conference committee – which was supposed to work out disagreements over the bill – that the court system could drag out cases and, therefore, leave obscene material on the Internet, Rose told the Lookout he believes the TBI is taking those images down immediately. The bill failed to get out of the conference committee, which Rose chaired.

Barrett, nevertheless, managed to catch the ire of Gardenhire, who pointed out he didn’t amend Barrett’s bill.

Gardenhire, a Chattanooga Republican, noted that when Barrett explained on the House floor why he was laying the bill on the table (killing it for the year), he blamed it on “dysfunction in the Senate” and said he couldn’t work with the other chamber.

“I’m sitting there thinking, this thing went through the Senate committee, State and Local, unanimously, and it went through the Senate unanimously. Maybe the House members don’t understand what dysfunction is. I guess working together and passing something unanimously, in their view, is dysfunction,” Gardenhire said.

To add a little fire in advance of the 114th General Assembly, assuming he and Barrett return, Gardenhire said, “If he’s holding me hostage for something someone else did, that’s not a wise move.”

A busy, busy man

Tennessee Attorney General Jonathan Skrmetti is keeping his office busy, filing lawsuits against the federal government to keep boys from changing in girls’ locker rooms and battling the NCAA over name, image and likeness rules.

On the former, can we not let schools handle Title IX situations? On the latter, this is the wild west, and the door is open for everyone to grab a dollar.

Tennessee Attorney General Jonathan Skrmetti. (Photo: John Partipilo)

Skrmetti announced this week Florida, New York and the District of Columbia (those bastions of conservatism) joined Tennessee and Virginia in challenging the NCAA for allegedly breaking federal antitrust laws with “anti-competitive restrictions” on the ability of student-athletes to benefit from NIL. (That used to be the Nashville Interscholastic League until the powers that be destroyed it, bringing an end to the glory days of Nashville area high school sports.)

Getting back to the early 21st century, we’re in the midst of tumult with athletes transferring almost yearly with few, if any, restrictions. The new landscape is hurting mid-major basketball programs the most, turning them into a training ground for bigger schools. (We’ll stop right there before curmudgeon-ism sets in.)

“Won’t you tell me, where have all the good times gone?” *

*”Where have all the good times gone,” The Kinks

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