Metro Stands by Marijuana Ordinance Despite AG's Opinion

Despite an opinion from Tennessee Attorney General Herbert Slatery that says municipal ordinances creating a civil penalty for possession of small amounts of marijuana cannot stand, Metro is standing behind its recently approved ordinance that does just that.

In a statement this afternoon, Metro law director Jon Cooper says, essentially, that his department does not agree with Slatery's opinion:

The Metro Council overwhelming passed the ordinance creating a civil penalty for possession of small amounts of marijuana. 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. At this point, we do not believe a change in the police department’s enforcement practice is warranted.

Slatery's opinion argued that ordinances like Nashville's, and a similar one passed in Memphis, were preempted by state law that creates a criminal penalty for simple possession. The AG's opinion was requested by Republican state legislators from Memphis, Sens. Brian Kelsey and Ron Lollar, indicating that the ordinances might face interference from the legislature next year.