Joints made from a half-ounce of marijuanaMetro Nashville Police DepartmentMetro Police Chief Steve Anderson has backed off his opposition to a Metro Council bill that would reduce the penalty for possession of a half-ounce of marijuana, following an amendment that would give officers discretion as to whether to issue a citation or make an arrest.
The bill, sponsored by Bellevue Councilman Dave Rosenberg, was originally worded so that the penalty for possessing or exchanging a half-ounce of marijuana would be reduced to a $50 fine or up to 10 hours of community service. Currently, state law considers that a misdemeanor offense, punishable by up to a year in jail or a $2,500 fine. The amendment offered by Rosenberg would make the lesser penalty one of several options available to police who encounter someone in possession of that amount of marijuana.
In an email to council members, Anderson said he felt "comfortable in moving my position to neutral, neither opposing or advocating passage."
The bill is up for a critical second reading at tonight's Metro Council meeting.
The MNPD's new position has not changed that of the mayor's office. Spokesperson Sean Braisted tells the Scene that Mayor Megan Barry is still not taking a position on the bill specifically, although she is "generally supportive of efforts to decriminalize small amounts of marijuana."
Davidson County Sheriff Daron Hall announced his support for the proposal last week.
Metro Public Defender Dawn Deaner tells the Scene that she supports the bill as well:
"This ordinance is an important and smart step towards criminal justice reform in Nashville. It offers a common sense alternative to criminal prosecution for what amounts to a minor offense, and allows those cited to avoid the often harsh and lifelong consequences drug convictions can have for someone in areas of housing, education and employment. If utilized, it will also provide a small measure of much-needed relief to our overburdened criminal justice system, and allow police, prosecutors, judges, clerks and public defenders to focus more resources on issues directly related to public safety and improved services."
District Attorney Glenn Funk did not take a position either way on the bill:
“This office appreciates the consideration the Metro Council is giving to the Police Department on this issue. Currently officers have only two choices when encountering individuals in possession of a small amount of marijuana; either to give them a stern lecture and no charges or issue state charges. This measure gives police a third option of issuing a metro citation. Should the Metro Council pass this ordinance, our office will track such cases to ensure equitable consideration is given to all members of our community.”
Anderson sent two letters to council members on the issue, including a number of details he said he hoped council members would consider. You can read them here.
