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HB 2238

Election Laws - As introduced, requires the secretary of state to direct each county election commission to place a ballot question on the ballot for the November general election in 2026 asking voters whether this state should legalize the sale, possession, and use of medical cannabis. - Amends TCA Title 2.

114th Regular Session (2025-2026) Introduced by Chris Hurt

Tennessee bill requiring counties to place 2026 ballot referendum on legalizing medical cannabis sales and possession, bypassing legislature for voter direct decision-making.

Placed on s/c cal Elections & Campaign Finance Subcommittee for 3/17/2026
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Bill Summary · HB 2238

Legislative bill overview

HB 2238 mandates that Tennessee's Secretary of State direct all county election commissions to place a ballot referendum question on the November 2026 general election ballot asking voters whether the state should legalize medical cannabis sales, possession, and use. The bill amends Tennessee Code Annotated Title 2 (Elections).

Why is this important

This bill would directly bypass the legislature and place a consequential policy decision about controlled substance regulation directly in voters' hands through referendum. Medical cannabis legalization has significant implications for criminal justice, healthcare access, state revenue, and federal-state legal conflicts, as cannabis remains federally illegal despite state-level reforms in over 30 states.

Potential points of contention

  • Federalism concerns: Cannabis remains a Schedule I controlled substance federally; state legalization creates legal conflicts with federal law and complicates banking, interstate commerce, and federal funding eligibility
  • Referendum mechanism: Some argue major policy changes should go through representative legislative process rather than direct voter ballot measures; others view referendums as essential democratic checks
  • Healthcare vs. recreational scope: The bill specifies "medical" cannabis, but implementation details (qualifying conditions, dispensary regulations, testing standards) would require substantial follow-up legislation, creating uncertainty about actual scope
  • Revenue and regulation: Unclear how tax revenue, licensing, and enforcement would be structured if voters approve, potentially requiring emergency legislative action before implementation

Compiled from official sources — confirm details with the bill’s official record.

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