§ 68-7-103 — Members of commission - Oath of office

(a) The commission consists of nine (9) members appointed as follows: (1) The speaker of the senate shall appoint three (3) members, with at least one (1) member being a physician licensed under title 63, chapter 6 or 9 and one (1) member being a pharmacist licensed under title 63, chapter 10; (2) The speaker of the house of representatives shall appoint three (3) members, with at least one (1) member being a physician licensed under title 63, chapter 6 or 9 and one (1) member being a pharmacist licensed under title 63, chapter 10; and (3) The governor shall appoint three (3) members, with one (1) appointed from each grand division and with at least one (1) member being a patient who has been diagnosed with a qualifying medical disease or condition and who can establish the diagnosis for purposes of appointment to and service on the commission with a valid letter of attestation. (b) (1) Initial appointments begin July 1, 2021, and expire as follows: (A) Terms for members appointed by the governor expire on June 30, 2023; (B) Terms for members appointed by the speaker of the senate expire on June 30, 2024; and (C) Terms for members appointed by the speaker of the house of representatives expire on June 30, 2025. (2) Following the expiration of initial appointments as prescribed in subdivision (b)(1), all appointments to the commission are for terms of four (4) years and begin on July 1 and terminate on June 30. (3) All members serve until the expiration of the term to which they were appointed and until their successors are appointed. (4) A vacancy occurring prior to the expiration of the member's term must be filled in the same manner as the vacated appointment for the remainder of the unexpired term. (5) Notwithstanding subdivision (b)(3), the appointing authority may remove a member appointed by the authority only for just cause, including misconduct, incompetency, or willful neglect of duty, after first delivering to the member a copy of the charges against the member. (6) Members are eligible for reappointment to the commission following the expiration of their terms; except, that no member may serve more than two (2) full four-year terms consecutively. (c) (1) The appointing authority shall remove from the commission a member who is absent from more than fifty percent (50%) of the scheduled commission meetings in a twenty-four-month period and shall appoint a new member to fill the remainder of the unexpired term. (2) The presiding officer of the commission shall promptly notify, or cause to be notified, the applicable appointing authority of a member who violates the attendance requirement described in subdivision (c)(1). (d) The members comprising the commission must be at least thirty (30) years of age and have been residents of this state for at least two (2) years preceding their appointment. (e) In making appointments to the commission, the appointing authorities shall strive to: (1) Ensure that the commission is composed of persons who are considered experts in the fields of health care, mental health, business, management, agriculture, or law enforcement and have demonstrated a commitment to integrity, ethics, and professionalism; and (2) Select persons who are diverse in race, color, sex, ethnicity, national origin, and age, as reflected in the population of this state. (f) A person who has an economic interest in a business enterprise devoted to medical or recreational cannabis or hemp is not eligible for appointment to the commission. A commission member shall not acquire an economic interest in a business enterprise devoted to medical or recreational cannabis or hemp during the member's term on the commission or within twelve (12) months following the expiration of the member's term. The commission shall take adverse action, which may include a denial or suspension of a medical cannabis license for up to two (2) years, against a business enterprise devoted to medical or recreational cannabis or hemp that provides an economic interest to a commission member during the member's term or within twelve (12) months following the expiration of the term. For purposes of this subsection (f), "economic interest" means employment or direct ownership of an equity interest in a business enterprise devoted to medical or recreational cannabis or hemp, including direct ownership of stock or shares of the business enterprise. (g) Prior to beginning their duties, each member of the commission shall take and subscribe to the oath of office provided for state officers.

Legislative History

Amended by 2023 Tenn. Acts, ch. 258, s 1, eff. 7/1/2023. Added by 2021 Tenn. Acts, ch. 577, s 1, eff. 5/27/2021.