NASHVILLE, Tenn. — A bill introduced by Democratic lawmakers in the Tennessee legislature that could have legalized recreational marijuana sales as a way to generate revenue for road and bridge repairs across the state failed in the House Criminal Justice Subcommittee Wednesday.
The bill, HB 0703, was introduced by Representative Aftyn Behn (D-Nashville) and was otherwise known as the “Pot for Potholes Act.” It would have let people over 21 years old buy marijuana for recreational use across the state. The bill would tax cannabis products at a rate of 15%.
Most of that tax revenue, 75% of it, would have been directed to Tennessee’s Highway Fund to repair and modernize roads and bridges. Another 20% of the revenue would have been earmarked for local governments across the state, meant to provide funding for local transportation projects. Local governments would also be allowed to levy their own tax of up to 5% on marijuana products.
“Sixty years is how long it would take to fix Tennessee’s current infrastructure backlog with the funding we have now. Sixty years. That means some of y’all’s grandkids might see a filled pothole by the time they hit retirement,” Behn said during the committee meeting. “I’m not a marijuana user. I wish I were some days, especially in this building. But, I am a fan of common sense and good roads.”
Representative William Lamberth (R-Portland) said the state was expected to spend around $3.7 billion on roads and said the bill would not have solely generated enough revenue to cover that cost. He had also recently touted a proposal to add restrictions for the state’s existing hemp products.
“It’s a nice fairy tale you tell. I know you play to the crowd great, and it sounds wonderful,” he said to Behn. “Sure, you can fill a couple of potholes, at the expense of the blood that’s gonna be swathed on those roads from the intoxicated individuals who will be using marijuana in this state.”
He said bills to legalize recreational marijuana are introduced every year, and said Behn was making “false promises” that the policy could fix road problems. He said the state’s existing road repair funding was “real solutions to real problems.”
He then called the bill a “publicity stunt.”
A fiscal note estimated the bill would bring in around $17.4 million in the 2026-2027 fiscal year, before bringing in an additional $35 million in subsequent years.
Representative Jason Powell (D-Nashville) said potholes and road issues were one of the most common issues his office gets, and said the state needed to do more to maintain its existing roads before undertaking new road widening projects or similar roadwork. He also said the state was “far behind” in responsible regulation of marijuana.
“I think there’s a lot of antiquated dogma in this building. We could be number one. We could be doing really important things and innovating creative solutions, of which this is. I’m not trying to ‘California Tennessee.’ That’s a phrase I heard as a response to this bill. We looked at the state of California to not repeat their mistakes,” she said. “We have a lot of local Tennesseans who have worked in the industry in Washington and other states.”
Behn said she would be organizing around the bill all year. It failed in the subcommittee along party lines, with Republican lawmakers voting against it.
H/T: www.wbir.com