Katelyn Baker
Well-Known Member
Nashville will continue to allow police officers in Davidson County to give civil citations for the possession of small amounts of marijuana despite a new opinion from Tennessee Attorney General Herbert Slatery that contends the local ordinance preempts state law.
In a statement Monday, Metro Law Director Jon Cooper reaffirmed his position from last week when he told The Tennessean via email that the Metro Council acted within its authority.
"We have reviewed the Attorney General's opinion and understand his position. However, we believe we have a good faith legal argument that the ordinance is not preempted by state law," Cooper said in a statement Monday. "At this point, we do not believe a change in the police department's enforcement practice is warranted."
A spokesman for Mayor Megan Barry had previously said that that Metro attorneys were still reviewing the opinion to determine whether Metro agrees with the interpretation.
As Barry's administration has now opted to keep enforcing its local marijuana ordinance, the city of Memphis has suspended its local law.
Slatery issued his opinion last Wednesday, arguing that Tennessee's two largest cities are preempted by multiple state laws - one that addresses drug control and another on the powers of district attorneys - making the marijuana ordinances unenforceable.
The opinion, which was requested by two Shelby County state lawmakers, came after the Metro Council in September passed an ordinance - signed into law by Barry - that gave Nashville police the option of reducing the penalty for people who are found in knowing possession or casual exchange of a half-ounce of marijuana or less to a $50 fine or 10 hours of community service. Police retained the option of charging a state misdemeanor, meaning that the policy stopped short of being full decriminalization of marijuana.
Supporters of Nashville's marijuana ordinance have argued it works within the confines of state law, likening the measure to Metro's laws for litter and seat belts, both of which have penalties that are not as severe as those outlined in state law.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Nashville Sticks With Marijuana Law Despite AG's Opinion
Author: Joey Garrison
Contact: 615-259-8095
Photo Credit: The Tennessean
Website: The Tennessean
In a statement Monday, Metro Law Director Jon Cooper reaffirmed his position from last week when he told The Tennessean via email that the Metro Council acted within its authority.
"We have reviewed the Attorney General's opinion and understand his position. However, we believe we have a good faith legal argument that the ordinance is not preempted by state law," Cooper said in a statement Monday. "At this point, we do not believe a change in the police department's enforcement practice is warranted."
A spokesman for Mayor Megan Barry had previously said that that Metro attorneys were still reviewing the opinion to determine whether Metro agrees with the interpretation.
As Barry's administration has now opted to keep enforcing its local marijuana ordinance, the city of Memphis has suspended its local law.
Slatery issued his opinion last Wednesday, arguing that Tennessee's two largest cities are preempted by multiple state laws - one that addresses drug control and another on the powers of district attorneys - making the marijuana ordinances unenforceable.
The opinion, which was requested by two Shelby County state lawmakers, came after the Metro Council in September passed an ordinance - signed into law by Barry - that gave Nashville police the option of reducing the penalty for people who are found in knowing possession or casual exchange of a half-ounce of marijuana or less to a $50 fine or 10 hours of community service. Police retained the option of charging a state misdemeanor, meaning that the policy stopped short of being full decriminalization of marijuana.
Supporters of Nashville's marijuana ordinance have argued it works within the confines of state law, likening the measure to Metro's laws for litter and seat belts, both of which have penalties that are not as severe as those outlined in state law.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Nashville Sticks With Marijuana Law Despite AG's Opinion
Author: Joey Garrison
Contact: 615-259-8095
Photo Credit: The Tennessean
Website: The Tennessean
