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7 Lincoln Mem'l U. L. Rev. 1 (2020)

handle is hein.journals/lmulr7 and id is 1 raw text is: 


  LINCOLN MEMORIAL UNIVERSITY
                  LAW REVIEW




      VOLUME 7        SPRING   2020        ISSUE 1





             CAPTURING CANNABIS
   DECRIMINALIZING POSSESSION IN TENNESSEE
      PURSUANT TO A VALID PRESCRIPTION

                  Brennan  E. Parrish'

I. INTRODUCTION

       Before diving into an abyss of drug history, certain key
points and terms  of art must be clarified. First, cannabis,
marijuana,  and  marihuana  (cannabis unless  historical
context uses otherwise) are the same substance, occurring in
natural form as Cannabis  Sativa L.2 Second, cannabis is a
Schedule VI controlled substance--not a narcotic drug.3 While
all narcotics are controlled substances, 4 not all controlled
substances are narcotics, and it is incorrect (under Tennessee
law) to categorize naturally grown cannabis (in plant form) as


1 Brennan E. Parrish is an associate with his father, J. Gilbert Parrish
Jr., Attorney at Law, in Savannah, Tennessee. He would like to thank
his wife, Ann Elizabeth Parrish, for listening to countless cannabis
discussions and Professors M. Akram Faizer, Melanie M. Reid, Ann
W. Long, Brennan Wingerter, and William Gill for their excellent
guidance  and  assistance while studying medical cannabis
regulations at Lincoln Memorial University School of Law.
2 Compare TENN. CODE ANN. § 39-17-402(16)(A) (2019) ('Marijuana'
means all parts of the plant cannabis); with The Tennessee Drug
Control Act of 1971, §2(n) (defining marihuana as all parts of the
plant CANNABIS SATIVA  L); and 21 U.S.C.A. §802 (Westlaw 2019)
('marihuana' means all parts of the plant Cannabis saliva L.).
3 TENN. CODE ANN. § 39-17-402(4) (2019) (providing, 'Controlled
substance' means a drug, substance, or immediate precursor in
Schedules I through VII of §§ 39-17-403 -- 39-17-416).
4 Id.

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