Consumer protections for unregulated hemp and vape products highlight week
(NASHVILLE, TENN) - As Senate committee calendars fill up, lawmakers made significant progress this week, advancing key legislation focused on consumer safeguards, public safety, and constitutional protections. Notable measures that moved through committees this week include new regulations on hemp and vape products, a proposed constitutional amendment expanding judges’ discretion to deny bail in certain violent crime cases, and limits on the governor’s emergency powers.
Legislation to increase vape regulations and protect consumers advances
To crack down on illicit vape products, such as e-cigarettes, the Commerce and Labor committee passed Senate Bill 763, strengthening age verification requirements for purchasing vape products and ensuring only FDA-approved or pending-approval vape products are sold in Tennessee. Sponsored by Senator Ken Yager (R-Kingston), the bill aims to protect consumers, especially minors, from harmful, unregulated vape products flooding the market, many of which originate from China.
Due to Tennessee’s limited regulations on vape products, manufacturers have been able to bypass tobacco regulations and introduce unsafe products that take advantage of minors.
“This legislation will help protect consumers, particularly children, from harmful vape products,” said Yager. “I’ve spoken to many of our judges overseeing juvenile cases who have expressed serious concerns about the number of minors appearing in their courts with health issues linked to bad vape products. These products often contain undisclosed ingredients and target minors with their flavors and packaging.”
Under current law, vape retailers can opt out of ID checks for consumers who appear to be over the age of 30. This bill raises that threshold to 50 years old to prevent underage sales.
Additionally, the legislation will establish a centralized database, managed by the Department of Revenue, of vapor products with FDA approval or pending approval that can be sold in Tennessee. The database will allow law enforcement to track and prohibit the sale and distribution of unauthorized products.
“It’s important for law enforcement to have the power to remove all illicit products from circulation to ensure a level playing field for all small businesses, especially those currently playing by the rules,” added Yager.
Senate Bill 763 moves to the Finance, Ways, and Means committee for further consideration.
Legislation proposes new regulations for hemp products
On Tuesday, the Senate State and Local Government Committee advanced Senate Bill 1413, a measure aimed at tightening regulations on hemp-derived cannabinoid products (HDCP). Sponsored by Chairman Richard Briggs (R-Knoxville), the bill introduces restrictions on product potency, who can sell these products, and oversight responsibilities.
If enacted, the bill would transfer compliance and enforcement of hemp products from the Department of Agriculture to the Alcoholic Beverage Commission (ABC) while establishing new rules for their sale, manufacture, and distribution.
“This might be one of the more important bills we consider this year,” said Briggs, who is a retired heart surgeon. “The intent is to ensure that hemp products in the state are very carefully regulated to protect the health and welfare of our citizens. All of these substances are intoxicating. They can impair individuals and be harmful to children. There is a world of counterfeit products out there. Quite frankly, it has been the wild west.”
Key provisions of Senate Bill 1413:
● Prohibits the sale of THCa and THCp
● Bans direct shipping of hemp products to consumers
● Requires a hemp wholesale license for distributors
● Implements licensing fees for wholesalers and increases existing fees for suppliers and retailers
● Restricts sales to 21 and older establishments, licensed manufacturers, and businesses with wine and spirit or liquor-by-the-drink licenses
● Adds a tax of one cent per milligram of hemp-derived products, with revenue collections split equally between local roads and the ABC
● Limits hemp beverage potency, capping single-serving containers at 50 milligrams (2 servings) and 750 ml containers at 250 milligrams (10 servings)
● Increases oversight of suppliers, wholesalers, and retailers to ensure compliance
“THCa is a precursor to marijuana,” explained Briggs. “While marijuana is not legal in Tennessee, loopholes in our current regulations have allowed the sale of hemp products - like THCa and THCp - that are converted into marijuana when heated up through smoking, vaping or cooking.”
Senate Bill 1413 now advances to the Finance Committee for further review on the fiscal impacts of the legislation.
Constitutional amendment advances to expand judicial discretion to deny bail for certain violent crimes
Republican lawmakers in the Senate Judiciary Committee advanced a proposed constitutional amendment that would expand judges’ discretion to deny bail in cases involving violent crimes when it serves the best interest of public safety.
Currently, Tennessee law limits a judge’s ability to deny bail only to those charged with first-degree murder. If approved by voters, Senate Joint Resolution 919, sponsored by Senate Majority Leader Jack Johnson (R-Franklin), would give judges the discretion to deny bail for individuals charged with terrorism, second-degree murder, aggravated rape, grave torture, and other violent offenses requiring a convicted offender to serve at least 85% of their sentence under Tennessee’s Truth in Sentencing law.
“Expanding the option for a judge to deny bail for violent offenders will help maintain law and order by demonstrating that acts of violence will be met with strict consequences and accountability,” said Johnson. “It will also help protect victims and the general public by keeping dangerous defendants who pose a threat to others in custody while awaiting trial. Judges should be able to use their discretion to make these decisions in the best interest of their communities.”
The resolution includes safeguards to ensure due process. Under the measure, judges could only deny bail when the proof is evident or the presumption of guilt is great, and they must document their reasoning in the official record.
The resolution cleared its first required passage in the 2024 legislative session of the 113th General Assembly. To complete its second required passage, the resolution now advances to the Senate floor for a vote, where it must receive approval by a two-thirds majority in both the Senate and House of Representatives before being placed on the ballot for voter consideration.
In order to ratify a change to the constitution, a constitutional amendment must pass the General Assembly twice. The first time it must pass with a simple majority voting in favor. The second time it must pass the next elected General Assembly by a two-thirds majority in both legislative chambers. Finally, the amendment must be submitted to the voters in the next gubernatorial election where it would become part of the state constitution if the majority of those voting for governor also vote in favor of the amendment.
Prohibiting a state property tax
The Judiciary Committee also advanced another proposed constitutional amendment which would prohibit a state property tax. Tennessee has not had a state property tax since 1949, and Senate Joint Resolution 1, sponsored by Sen. Ferrell Haile (R-Gallatin), seeks to ensure that one can never be implemented by a future General Assembly.
The General Assembly passed the proposal for the first time in the 113th General Assembly. It now advances to the Senate floor to be voted on for the second required passage.
Constitutional safeguards on emergency management powers advances
The Senate State and Local Government Committee passed Senate Bill 27 this week to strengthen constitutional safeguards on the governor’s use of emergency powers. Sponsored by Senator Mark Pody (R-Lebanon), the legislation prohibits executive orders, proclamations, or rules declared under the governor's emergency powers from overriding, suspending or conflicting with the Tennessee Constitution. Additionally, it limits the governor’s ability to suspend laws, orders, rules, or regulations during an emergency to a 45-day period. Senate Bill 27 now goes to the Senate Floor for further consideration.
“No matter what, no one can override the Constitution,” said Senator Pody. “Even when the Governor can use emergency rules and suspend laws, he has to stay within the bounds of the Constitution.”
Legislation protects Tennesseans’ DNA, organs
Legislation aimed at safeguarding Tennesseans’ DNA and organs from foreign adversaries advanced out of the Senate Commerce and Labor Committee this week.
The Tennessee Genomic Security and End Organ Harvesting Act, sponsored by Senator Adam Lowe (R-Calhoun), addresses genomic security and ensures the state is disconnected from China’s illegal organ harvesting practices.
"Advancements in genetic sequencing have significantly improved medicine and research, but some companies, particularly from China, are using this technology to collect data from the U.S. for nefarious purposes," said Lowe. "This legislation is intended to protect our citizens and oppose human rights violations by China."
Genetic information helps diagnose diseases, develop new drugs and advance understanding of biology. Researchers can take blood or saliva and analyze the DNA with bioinformatics software to identify genetic variations and mutations. This bill prohibits the use of genetic sequencers or software from nations listed as foreign adversaries by the federal government.
The bill also prevents a health insurer from knowingly covering organ transplants in China or any transplants involving organs sold or donated by Chinese sources. Senate Bill 318 advances to the Senate Health and Welfare Committee for further discussion and consideration.
Legislation strengthens protections against threats of mass violence
The Judiciary Committee passed Senate Bill 591 on Tuesday, continuing efforts to increase safety at educational and religious institutions by cracking down on threats of mass violence. Sponsored By Senator Haile (R-Gallatin), the legislation creates a Class E felony for communicating a threat of mass violence targeting child care centers, preschools, and religious institutions. Additionally, it creates a Class B misdemeanor for failure to report such threats.
“By creating this felony, we are giving law enforcement the ability to respond quickly and appropriately to threats of mass violence and ensure those who make them are held fully accountable,” said Haile.
This measure builds on a 2024 law that increased the penalty for making threats to commit mass violence on school property from a Class A misdemeanor to a Class E felony.
Senate Bill 591 will now head to the Senate Floor for further consideration.
Legislation expands court admissibility of forensic interviews in child sex abuse cases
The Senate Judiciary Committee passed legislation this week to provide courts with greater flexibility in admitting forensic interview recordings as evidence in child sexual abuse cases.
Currently, for a video-recorded forensic interview to be used as evidence in court, the child must testify under oath to confirm the accuracy of their statements made in the video. However, if the child doesn’t use exact language when testifying in court, the forensic interview recording can be excluded from evidence, potentially weakening the case against an abuser.
Senate Bill 304, sponsored by Sen. Ferrell Haile (R-Gallatin), seeks to prevent this issue by allowing forensic interview recordings to be admitted if a qualified forensic interviewer confirms their accuracy and the child is available for cross-examination.
“This change will reduce the pressure on child victims in court proceedings, while ensuring that critical evidence is not dismissed due to minor technicalities,” said Haile. “It’s imperative that child sex abusers are prosecuted to the fullest extent of the law, and we need to ensure that all credible evidence is considered.”
Safeguarding American Veteran Empowerment (SAVE) Act advances
The State and Local Government Committee advanced legislation aimed at protecting veterans and veterans’ service providers from exploitation by private consultants and advisors. Senate Bill 362, sponsored by Senator Richard Briggs (R-Knoxville), regulates the practice of an individual or legal entity seeking to receive compensation for advising, assisting, or consulting an individual with a veterans' benefits matter. Under the Safeguarding American Veteran Empowerment (SAVE) Act, compensation for advisory services can only be received if it results in an increase in benefits, and compensation must not exceed five times the amount of the monthly increase in benefits awarded based on the claim.
The bill also mandates that anyone providing advisory services must issue a written disclosure stating that they are not affiliated with the U.S. Department of Veterans’ Affairs, the Tennessee Department of Veterans Services, or any other federally chartered veterans’ service organization.
Additionally, violations of these provisions would be classified as prohibited practices under the Tennessee Consumer Protection Act, ensuring stricter enforcement against predatory practices targeting veterans.
Legislation proposes to increase property tax relief for disabled veterans
The Senate State and Local Government Committee advanced Senate Bill 681 which proposes providing more property tax relief for disabled veterans. Sponsored by Senator Dawn White (R-Murfreesboro), the bill increases the property value limit used to determine the amount of property tax relief available to disabled veterans and their surviving spouses. Under current law, disabled veteran homeowners are reimbursed for property taxes paid on the first $175,000 of their home's market value. This legislation would increase the amount of the property tax reimbursement to be paid on the first $250,000 of their home’s market value.
“In my district and across the state, property values have skyrocketed, making it more difficult for disabled veterans on fixed incomes to pay their property taxes,” said White. “Raising the limit on property values eligible for tax relief from $175,000 to $250,000 reflects this increase in the fair market value of homes and helps our veterans afford to stay in their homes.”
The legislation unanimously passed the State and Local Government Committee and now advances to the Finance Committee.
In Brief…
Improving case management of juvenile court records - Legislation advanced in the Senate Judiciary Committee on Tuesday to streamline juvenile case management across the state. Sponsored by Senator Ferrell Haile (R-Gallatin), Senate Bill 992 mandates that the administrative office of the courts develop and maintain a centralized, statewide juvenile case management system that complies with criminal justice information services standards. Additionally, all juvenile court clerks will be required to transition to the new system according to a timeline established by the administrative office of the courts. The bill is now set to move to the Senate Floor for further consideration.
Increasing parking access for disabled veterans -The Senate Transportation and Safety Committee unanimously passed Senate Bill 1017 on Wednesday to improve accessibility of parking for disabled veterans. Sponsored by Senator Dawn White (R-Murfreesboro), this bill allows disabled veterans to display a placard instead of a license plate to use handicap parking spaces. Placards are easy to install and can be transferred from car to car with ease. Additionally, these placards will be free to all disabled veterans. Senate Bill 1017 now heads to the Senate Floor for passage.
Back the Blue - The Senate Judiciary Committee passed Senate Bill 1022 this week to add correctional officers to the definition of “law enforcement officers” in the Back the Blue Act. Sponsored by Senator Dawn White (R-Murfreesboro), the bill ensures that correctional officers receive the same penalty enhancements for assaults committed against them as other law enforcement officers. Senate Bill 1022 now heads to the Senate Floor for a vote.
Eliminating unnecessary fees for charter school students - Senate Education Chairman Dawn White (R-Murfreesboro) is sponsoring Senate Bill 1018 which aims to ensure students are not charged additional tuition or fees when attending a charter school in the county in which they live. This bill was unanimously passed in the Senate Education Committee and will now head to the Senate Floor for passage.
Streamlining charter school funding process- The Senate Education Committee passed Senate Bill 1019 this week to improve direct funding for charter schools. Sponsored by Chairman Dawn White (R-Murfreesboro), this bill requires the department to allocate the state share of funds generated by the Tennessee Investment in Student Achievement (TISA) formula directly to public charter schools based on the number of students enrolled in the prior school year. This change ensures that charter schools receive their allocated funds directly, rather than having those funds pass through the local education agency in which the charter school is located. Senate Bill 1019 will now go to the Senate Floor for further consideration.
Improving approval process for new charter schools - The Senate Education Committee unanimously passed Senate Bill 1020, sponsored by Chairman Dawn White (R-Murfreesboro) clarifying that when a charter school is authorized by a county’s local education agency (LEA) the school is permitted to locate anywhere within that county, regardless of the geographic boundaries of a municipal LEA. This change is meant to bring clarity to existing law and ensure charter schools do not encounter unnecessary hurdles in selecting a location. Senate Bill 1020 will now proceed to the Senate Floor for further consideration.
Higher education benefits for General Assembly staff - The Senate unanimously passed Senate Bill 797 on Thursday to provide more flexibility in fee waivers for legislative employees pursuing higher education at a public Tennessee institution. Currently, legislative staff are granted a fee waiver for one course in each of the four academic semesters per year, totaling four courses per year across four academic terms. Senate Bill 797, sponsored by Senator Ferrell Haile (R-Gallatin), would allow General Assembly employees to use the fee waiver for multiple courses in a single semester, not to exceed four courses per academic year.
Designating Southern Stars the Official Brass Brand of Tennessee - The Senate State and Local Government Committee advanced Senate Bill 794, sponsored by Senator Paul Bailey (R-Sparta), which deems the South Stars Symphonic Brass as the official brass band of the state of Tennessee. Southern Stars is a group of instrumental ensembles of 30 professional musicians that are based on a British brass band format. Drawn from East and Middle Tennessee, the band is in its 16th full season of concerts. The legislation now heads to the Senate Floor for passage.
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