Nashville’s Metro Council on Tuesday overwhelming passed the city’s fist measure to decriminalize marijuana, allowing people caught with small amounts to receive lesser civil penalties, and became the first city in Tennessee to do so.
But the vote sets up the council for a fight against state legislators, who have threatened to take action against the city.
The new ordinance allows police to issue a $50 civil fine or 10 hours of community service for people caught with less than half an ounce of marijuana. Under current law, people can receive a Class A criminal misdemeanor charge that could result in up to a $2,500 fine and a year in jail.
The legislation now heads to the desk of Mayor Megan Barry, who told The Tennessean she would sign it into law.
“This legislation is a positive step forward in addressing the overly punitive treatment of marijuana possession in our state that disproportionately impacts low-income and minority residents,” Barry said in a statement after the council’s vote.
Some state legislatures say the differing of the city law from state law will cause issues.
State Rep. William Lamberth, a Republican, has argued that Nashville’s new ordinance would create “two standards of justice” under which one person caught with small amounts of the drug could face a $50 fine and another could face 11 months and 29 days in jail. He has said he is “strongly considering” filling a state bill next session that would seek to deny cities state highway funds if they do not enforce criminal penalties as outlined in state law.
Another worry about the bill is the difficulty of removing a civil penalty compared to a criminal one. In Nashville, civil records can be expunged only when a matter is dismissed or not prosecuted. However, supporters say having a criminal conviction has stronger lifelong repercussions.
Gov. Bill Haslam told WATN he did not support Nashville’s efforts to decriminalize small amounts of marijuana.
“I’m not a fan,” Haslam, a Republican, said in late August. “While I do think we’ve had some people who have spent more time in jail than they need to for that, I’m not in favor of decriminalizing that.”
“I think we have enough of an issue around substance abuse now,” he said. “You can debate whether it’s a gateway drug and all this. I’m not the expert. But I just don’t think it’s a helpful step for our society given the struggles we have right now with substance abuse.”
The American Civil Liberties Union of Tennessee cheered the Metro Council’s decision, calling it a “smarter approach to marijuana possession.”
“For far too long, thousands of Nashvillians — including a disproportionate number of black residents — have been arrested for possession of tiny amounts of marijuana. These arrests have led to disastrous consequences for their lives, including the loss of job, education and housing opportunities,” the ACLU-TN added. “This ordinance could significantly reduce the costly incarceration rate for this low-level violation, freeing law enforcement to focus on addressing violent crime and keeping our community safer.”
