DUANE SHERRILLEditor

The Tullahoma Board of Mayor and Aldermen are considering regulating vape shops as they met in a study session, where it was even floated that Tullahoma may want to become a “dry city” when it comes to the sale of THC.

At issue are vapes that are used to smoke THC, which have found their way into the school system, even down to the elementary school level.

Jamie Hixon, of the TBI Dangerous Drug Task Force, spoke to the board and warned city leaders that there is a growing trend to use vapes to smoke cannabis or THC and that it is especially growing in school-aged children.

“Our schools’ biggest problems are vapes,” Hixon revealed. “They are no longer getting caught with tobacco or showing up at events drunk on alcohol. What they are seeing are these vapes.”

Hixon pointed out that as many as 50 vapes were collected at a nearby school on the first day of classes. He added that most vapes that are confiscated are not nicotine vapes but are instead THC vapes. And, he noted that the THC being smoked today is much more potent than what the last generation smoked.

“Back when I was in my 20s, I’m 52 now, they were typically smoking marijuana that was testing out at anywhere between four and 20% THC,” Hixon revealed. “We’re getting vapes off of students right now that are testing out, that we are physically testing ourselves that are testing out at 99.9% THC. That is astronomical, and that does not come from nature. That is not something that’s growing out in a pasture or growing on the side of a mountain that’s been plucked and stuck in a bag. These are products that are, that contain chemically or genetically manipulated plants or chemically manipulated or synthesized.”

Hixson pointed out that there is no quality control when it comes to the THC that is available.

“The problem with some of the legalization or some of these products right now is there’s no quality control or no product standards,” he said. “The state and local oversight is essentially non-existent. We have inconsistent laws across the state right now.”

He noted that in the state of Tennessee, THC can only be .3% but many of the products the TBI is seizing tests out much higher. The state recently toughened its law to prevent such products from being sold but the issue is still being fought in court.

City Administrator Jason Quick asked for the city’s guidance in producing an ordinance similar to the one that now governs liquor stores. Per the ordinance, the city allows one liquor store per 5,000 people. Tullahoma presently has 10 vape shops, not counting convenience markets that also sell vapes. Those that already exist would be grandfathered in. However, the new state law that goes into effect next year, Quick explained, would no longer let convenience stores sell vapes. The concern is that more THC vape stores will move in to fill the void left by regular stores no longer being allowed to sell the product.

“We’d also like to look at proximity to schools,” Quick said concerning the potential new ordinance, noting back in his days with the school system, there was a drug ring broken up where the older brother of a student bought a mass amount of vape pens and then his younger brother sold them at the school.

“It became a strong criminal enterprise,” Quick said, noting the vapes filtered their way into the middle and elementary schools.

Alderman Kurt Glick, while supporting anything that would make it tougher for kids to get vapes in their hands, pointed out that logic would have it that if a person wants the product, they will find a way to buy it, even if it is limited to the existing vape stores in town. However, it was pointed out by Hixson that it is easier to control if there are less gateways to getting the product.

Quick then noted oversight of any ordinance could be added to the beer board by making it the beer and vape board. The plan would also see a specialty shop license that would have to be applied for by anyone wanting to set up shop. The existing businesses would also have to get the license but they would be allowed in under the ordinance because they are already in business in the city. They would not be able to transfer the ownership to anyone else.

Director of Planning Samuel Luthi said it will be important to make the definitions clear when it comes to differentiating general retail from vape and THC shops. He said one thing is to change vape shops by definition to places that can sell nicotine, not THC.

Quick said in a conversation with District Attorney General Craig Northcott, it was suggested by the prosecutor that the city could consider becoming a “dry city” when it comes to THC vapes.

“He challenged me to throw this at you. Do we want to become a ‘dry city’, similar to how Moore County is a dry county on liquor,” Quick said. “We would just say there is not sale of THC products.”

It was pointed out in Tipton County in west Tennessee, there is a “dry zone” where THC cannot be sold and thus far there have been no legal challenges.

The board of mayor and aldermen will consider both regulation and straight-out banning THC when they meet in their next study session.