2023 Session of the 113th General Assembly

2023 Session of the 113th General Assembly

The 113th General Assembly has adjourned for 2023, and it was a very successful year. We have taken measures for Tennessee to be a better place to live, work and to raise a family. I will go over some of the laws passed this session.

Regulating Delta-8 – The General Assembly approved new multi-agency regulations to ensure consistency and safety in manufacturing of Delta-8 products as well as place age-restrictions on purchasing the products. Delta-8 is a hemp derived product that can cause impairment and has similar effects to marijuana. Because Delta-8 is a hemp-related product, there is no regulation on the product and a consumer cannot be sure the potency of what they are buying. This new law requires the Department of Agriculture and Department of Revenue to control the manufacturing and packaging of Delta-8 products. The Department of Agriculture will require the product to be tested at a certified lab to ensure the exact contents of the product. And the Department of Revenue will ensure the packaging correctly advertises how many milligrams of hemp are in the product.

One Pill Will Kill Act - This law strengthens the punishment for those who sell dangerous and illegal drugs such as fentanyl in Tennessee. It increases the punishment for the sale, manufacture and delivery of fentanyl and its derivatives from a Class C felony to a Class B felony for amounts between 0.5 grams and 15 grams. According to the Tennessee Department of Health, there were 2,734 fentanyl overdose deaths statewide in 2021 – a 446% increase since 2017. Tougher penalties for dealing fentanyl is one of the most effective ways to prevent fentanyl poisonings.

Combating Xylazine distribution – Xylazine is a large animal tranquilizer that is becoming more common among drug users. The tranquilizer is often cut with fentanyl and sold to people. To address this growing issue, the General Assembly approved legislation to allow law enforcement to arrest individuals who are manufacturing, selling or in possession of xylazine. An offender can be charged with a Class A misdemeanor for being in possession of the drug, and a Class C felony for manufacturing or selling the drug. This law does not require veterinary clinics to submit paperwork to continue using the drug on animals. For this reason, it is not a scheduled drug, but the law still allows law enforcement to combat the distribution of this drug.

Encouraging medical treatment for overdose - This year, the General Assembly approved legislation aimed at further encouraging individuals to seek medical treatment for an overdose. The new law extends criminal immunity, at the discretion of law enforcement or the district attorney, to anyone experiencing a second or subsequent drug overdose and is seeking medical assistance. Anyone seeking medical assistance for themselves or a person experiencing an overdose will not be arrested, charged or prosecuted for a drug violation as a result of seeking help.

Streamlining treatment for alcohol abuse for DUI offenders- A new law reduces the number of days of incarceration a person convicted of a second DUI must serve before participating in a treatment program. It also requires a judge to issue a transdermal alcohol monitoring device for those convicted of a third or subsequent DUI.

Protecting patients seeking medical advice relating to marijuana - This law provides legal protection for patients across Tennessee seeking medical advice relating to the use of marijuana. It prevents a person’s statement regarding the use or possession of marijuana to healthcare providers from being used as evidence in a criminal trial. Some medications can have unintended consequences when mixed with cannabis, and many patients feel there is not enough legal protection for them to openly discuss with their medical provider the effects that using medical marijuana could have with other medications.

Contact Senator Hensley at

425 5th Avenue North, Suite 746

Nashville TN 37243

615-741-3100

Toll Free 1-800-449-8366

ext. 13100

Fax 615-253-0231

855 Summertown Highway

Hohenwald TN 38462

Phone 931-796-2018

Cell Phone 931-212-8823

E-mail:

[email protected]