Partial Marijuana Decriminalization Passes Critical Council Vote

Metro Nashville Police DepartmentAfter an amendment that weakened the proposal but neutralized police opposition to it, the Metro Council showed overwhelming support Tuesday night for a bill allowing officers to issue a civil citation, instead of making an arrest, for possession of small amounts of marijuana.

The bill must pass one final vote later this month, but after a number of speeches from council members in support of it and a voice vote on second reading that revealed little opposition, it looks certain to pass. The first bill of its kind to be considered in Nashville, it's been hailed by criminal justice reform advocates as a way to avoid saddling people guilty of a minor offense with a criminal record that could follow them for life.

In its original form, the bill would have reduced the penalty for possessing or exchanging a half-ounce of marijuana to a $50 fine or up to 10 hours of community service, requiring that officers issue the civil citation rather than making an arrest. But the Metro Nashville Police Department opposed that language because it took away officers' discretion. After an amendment changing "shall issue" to "may issue," Metro Police Chief Steve Anderson announced that he could now change his position on the proposal to neutral. Davidson County Sheriff Daron Hall and Metro Public Defender Dawn Deaner have come out in support of the bill. Mayor Megan Barry has avoided taking a specific position on the bill, but has reiterated her support for decriminalization in general. 

The change means that, once the new ordinance passes and takes effect, officers who catch someone with a half-ounce or less of marijuana could do one of the following: send the person on their way with a buzz-killing lecture; issue the aforementioned civil citation with a $50 fine; or arrest the person under state law, which carries a penalty of up to a year in jail or a $2,500 fine.

The bill's sponsor, Bellevue Councilman Dave Rosenberg, sought to ease any anxiety about the bill by outlining what it isn't.

“It is not a proposal to make cannabis legal, as many states are doing," he said. "It is not a proposal to lessen penalties for crimes like cultivation, distribution or public use. It isn’t even a proposal to decriminalize cannabis in the way that Mississippi and more than a dozen other states have. It also isn’t original nor is it untested. Similar proposals have been passed and implemented in countless localities in Florida, including Miami-Dade County, Palm Beach County, Broward County, Volusia County, Tampa and Orlando and also New Orleans, Milwaukee, Pittsburgh, Philadelphia and countless other municipalities.”

He also contrasted the bill with the costly and time-consuming process that can take place now.

“Under current law, someone who gets caught with a joint in their pocket can be arrested, can be fined up to $2,500 and can face up to a year in jail," he said. "He will also be left with a criminal record making more difficult to get legitimate employment, to get student loans and more difficult to get a mortgage. All these important aspects of life are put into peril by a case of simple possession. In addition, an arresting officer may be pulled off the streets while the DA, public defender and courts are all tied up to deal with this.”

Councilman Sam Coleman said the bill would simply put into law a less harsh route that officers and prosecutors often take already in such cases. Further, he responded to opponents like Councilwoman Sheri Weiner who worried the bill would do more to enable people with drug problems.

“We’re not enablers. We’re not telling people this is OK to do," he said. "What we’re doing is looking out for young lives. What we’re doing is saying, if you want a second chance here is it. But after this, then you get what criminals get. This is a good bill. It’s a step in the right direction. You’re not going to be criticized come Sunday morning when you step up in church because most people do get it.”

The amendment to the bill preserving police discretion does bring up other questions, though. Will the sorts of racial disparities that show up in local arrest data — that is, disproportionate arrests of African Americans — simply continue to play out with enforcement of this ordinance, when officers have the decision whether to arrest a person or issue a civil citation? 

Speaking to the Scene after Tuesday night's council meeting, Anderson declined to go into specifics on the record about the guidance officers would be given when dealing with that kind of situation. But he did say that, assuming the bill passes, the department would keep track of data to evaluate how officers are using their discretion. 

“We’re going to keep tabs on when the Metro ordinance is used, when it’s not and, again, you can’t write specific rules for police officers in every occasion," he said. "But you can give guidance.”

“We have intelligent, educated, dedicated and certainly community-minded officers and the vast, vast majority of times they make excellent discretionary decisions,” he added.

A third and final vote on the bill is scheduled for Sept. 20.