Bill Filed to Repeal Nashville Pot Decriminalization

On Monday night, after Gov. Bill Haslam's State of the State address, the Metropolitan Government of Nashville & Davidson County hosted a reception for legislators at the Ryman, featuring performances by members of the television show, Nashville. But that expensive gesture of goodwill is likely for naught, as more and more legislation that targets the city's authority keeps rolling in.

The latest bill is an override of the marijuana decriminalization ordinance Metro passed this past fall. It was filed on Monday (before the city had a chance to woo him) by state Rep. William Lamberth (R-Cottontown), who had previously threatened similar legislation. Lamberth, a former prosecutor, is also the chair of the House Criminal Justice Committee. He says his legislation will codify into law Attorney General Herb Slatery's opinion that Metro's ordinance is in violation of state law, something Metro disagrees with.

The bill reads, in part:

No county, city, town, municipality, or metropolitan form of government has the authority by ordinance, resolution, regulation, or other local law to enact or adopt a sanction for conduct involving a drug or other substance if the sanction for that conduct is established by this part or title 53, chapter 11, as a criminal offense other than a Class C misdemeanor. Any ordinance, resolution, regulation, or other local law enacted or adopted prior to the effective date of this act regulating drugs and other substances that is inconsistent with this part and title 53, chapter 11, is superseded and repealed.

Lamberth says the bill isn't about the state taking away local control or about detracting from criminal justice reform efforts.

"We’ve got to get all our cities on the same page, that they are all following the same laws," Lamberth says. "I believe that law should be applied equally to all, not at the whim of a police officer."

Metro's ordinance allows police officers, at their own discretion, to cite those caught possessing or exchanging a half-ounce of marijuana with a $50 fine (or up to 10 hours of community service), or arrest the person under state law, which carries a penalty of up to a year in jail or a $2,500 fine. The city of Memphis also passed a similar ordinance but put its enacting on hold after the AG ruling. (It's worth noting that police officers are often given discretion on a number of things. For example, one might get pulled over going 15 over the speed limit and still might not get a ticket.)

When asked as to why he wouldn't also consider legislation lowering the penalty for marijuana possession to a $50 fine statewide, Lamberth said now is not the time for that.

"We’ve got to get all our cities on the same page before we enact anything like that," Lamberth says. "It doesn’t do much good to pass criminal justice reform when you have cities thumbing their noses, ignoring the law."

The legislation is being sponsored in the Senate by Brentwood Republican Sen. Jack Johnson, because Williamson County just can't ever let Nashville have nice things. Several members of Nashville's Democratic delegation have not returned calls for comment; we'll update if they do.

If the bill does pass, it would take effect immediately, unlike the usual July 1 date. So if you're sitting on a pile of weed, thinking you had nothing to much worry about anymore — well, you might might to start hitting that bong a little harder.