Tennessees New CBD Study Law

Summary
SB 2531 authorizes the use of cannabis oil containing one of the primary active ingredients in medical
marijuana, cannabidiol (also referred to as CBD), as part of a clinical research study on its effects on
seizure conditions. The law limits the cannabis oil to less than 0.9% of THC, the most common active
ingredient typically found in medical marijuana.
A physician practicing at either a hospital or state university-affiliated clinic will, at least theoretically, be
authorized to supervise the study of cannabis oil use by patients with some types of seizure conditions.
Results of the study will be reported to the head of the Tennessee Department of Health and the
legislature by January 15, 2018.
The law specifically allows Tennessee Tech to cultivate marijuana under state law, process it into oil,
and dispense it within the limitations set by the law. The protections of the law will go into effect
immediately and expire on June 30, 2018.
Unfortunately, the law is unlikely to make any real change for seriously ill patients in the state for a
number of reasons.
Proposed Study Illegal Without DEA Permission
In order for any individual or institution to lawfully grow marijuana in the United States, as required in
this law, that individual or organization must obtain permission from the Drug Enforcement
Administration. As one well-publicized case illustrates, the DEA is traditionally unwilling to provide that
authorization. Professor Lyle Cracker of the University of Massachusetts spent over 10 years
attempting to obtain such a license and was repeatedly rejected.1 The DEA even ignored its own
administrative law judges opinion that study would serve the public interest.
So far, the DEA has only authorized one location for marijuana cultivation in the United States the
University of Mississippi.2 Without permission from the DEA to cultivate marijuana at Tennessee Tech,
this study program will not have cannabis available for any patients in the state.
In addition, the law requires Tennessee Tech to distribute marijuana to individuals, also a federal crime,
and the learning institution will need permission in order to engage in the sale or distribution of
marijuana to qualified study participants.
Efforts to Circumvent Federal Law May Jeopardize Funding
Secondary learning institutions, such as colleges and universities, rely heavily on federal funding for
research and financial aid.3 It is unclear how Tennessee Techs current plans to proceed with
1

Robert Rizzuto, DEA rejects UMass Professor Lyle Craker's bid to grow marijuana for federally-regulated
medical research, Mass Live, August 25, 2011,
http://www.masslive.com/news/index.ssf/2011/08/dea_rejects_umass_amherst_prof.html
2
Jared Robert Senseman, Ole Miss home to medical marijuana lab, USA Today, December 28, 2012,
http://www.usatoday.com/story/news/nation/2012/12/28/medical-marijuana-lab-in-mississippi/1796475/
3
Join Together Staff, Colleges Confront Issue of Medical Marijuana, The Partnership at Drugfree.org, May 24,
2012, https://www.drugfree.org/join-together/drugs/colleges-confront-issue-of-medical-marijuana

cultivation and distribution of medical marijuana can proceed without jeopardizing federally backed
research funding and Title 4 financial aid, which are critical to the success of the school.
Other University-Facilitated Medical Marijuana Programs Failed
Similar programs in other states have failed to materialize or provide any solutions for patients. For
instance, a medical marijuana program adopted in Maryland in 2013 required teaching hospitals in the
state to facilitate distribution of medical marijuana to patients. A year into the program, no such
institutions were willing to participate. In April 2014, Maryland rejected the unworkable program and
passed a practical marijuana law, making it the 21st state in addition to the District of Columbia to pass
a program to allow patients access to medical marijuana produced by private individuals and
organizations.
CBD-Only Laws Leave Behind Most Patients
Laws such as those passed by Tennessee at first appear to provide a solution for some patients, but,
on further examination, come up short on scientific support or practical application.
CBD is one of approximately 85 active compounds called cannabinoids found in marijuana. While
high-CBD marijuana has been effective at treating seizures, the number of individuals treating seizure
disorders through medical marijuana programs is only a relatively low percentage of the total patients
who could benefit from marijuana. For example, only 2% of the registered patients in both Rhode Island
and Colorado report seizures as their qualifying conditions. 98% of patients in most state programs
suffer from conditions apart from seizure conditions, including cancer, glaucoma, HIV/AIDS, Crohns
disease, hepatitis C, multiple sclerosis, Lou Gehrigs disease, post traumatic stress disorder, wasting
syndrome, severe pain, severe nausea, multiple sclerosis, or Alzheimers disease; they will
unfortunately be left behind until a substantive law similar to other medical marijuana states can be
adopted.
Further, there is some evidence that CBD, like the many cannabinoids in the plant, actually requires the
presence of other compounds contained in the plant for it to be effective, known as the entourage
effect. 4 Research has not yet been conducted on this theory, and will not be possible under the law as
passed in Tennessee.
Currently 21 states and the District of Columbia5 have workable medical marijuana laws that include
access to marijuana, including THC, a well-known cannabinoid. The federal government recognized
THCs medical applications in 1985, when the FDA approved a prescription drug that is made of
synthetic THC Marinol for nausea. However, THC is not available to patients in Tennessee except
in trace amounts. While SB 2531 might represent a step forward for those with intractable seizure
conditions who will actually be able to participate in a study program, it falls short. It may not be lawful
or practical for secondary institutions to participate, similar programs in other states have not
materialized, and most seriously ill patients who could benefit from access to medical marijuana will not
be helped with this program.

Dr. Sanjay Gupta, Medical marijuana and 'the entourage effect,' CNN, March 11, 2014,
http://www.cnn.com/2014/03/11/health/gupta-marijuana-entourage/
5
Illinois, New Hampshire, Massachusetts, Connecticut, Delaware, Arizona, New Jersey, Michigan, New Mexico,
Rhode Island, Montana, Vermont, Hawaii, Colorado, Nevada Marine, Oregon, Alaska, Washington, California,
the District of Columbia, and most recently, Maryland have programs with allow patients access to the medical
marijuana plant and all its active ingredients.