TN: Memphis Pot Possession Ordinance Will Require Review

Katelyn Baker;3059854 said:

Giving police the option to issue a citation for possession of a small amount of marijuana rather than charging the individual with a state criminal offense could save a life.

Saddling a careless but nonviolent offender with the burden of an undeserved criminal record can have long-lasting consequences.

Police in Memphis and Nashville will soon have that option under ordinances that have gained City Council approval in both cities. At least one member of the General Assembly, operating under the assumption that the legislature is wiser and more responsible than the state’s municipalities, has threatened to withhold state transportation funds if Memphis and Nashville don’t immediately rescind their new permissive pot rules.

Barring interference from a legislature with a penchant for forcing cities to accept permissive new gun laws, we expect the marijuana decriminalization measure passed by the Memphis City Council Tuesday to benefit a lot of people, as long as the option is not exercised in a discriminatory fashion.

With the passage of the ordinance, Memphis joins a large and growing list of state and local jurisdictions across the United States that either have legalized the recreational use of marijuana among adults, legally recognized the plant’s medicinal value or relaxed the penalties against possession in some cases by making it a civil rather than a criminal offense.

Neighboring Mississippi is one of 17 states that have made possession of a small amount of the plant subject to a civil summons rather than arrest, with punishment set as a fine rather a jail sentence.

The Memphis ordinance, approved on a 7-6 vote, permits police officers to issue citations for possession of a half-ounce or less of marijuana, with the penalty set at either a $50 fine or 10 hours of community service.

Second offenses and beyond could cost the offender an additional 10 hours of community service per offense, up to 40 hours.

That should be the rule in the vast majority of minor pot possession cases.

Police still will be able to charge offenders under state criminal law as a Class A misdemeanor, punishable by up to a year in jail and a $2,500 fine – an option that should be exercised only in rare cases that can be fully justified.

Careful records should be maintained to guard against the application of the state misdemeanor option in a discriminatory manner on the basis of race, age, income or any other factor that would imply bias on the part of those with the power to make this critical decision.

Officials in metropolitan Davidson County are formulating a plan to track marijuana arrests and citations in Nashville to guard against disproportionate application of the state misdemeanor option with its much stiffer penalties and long-lasting stigma. Memphis should follow suit.

News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Memphis Pot Possession Ordinance Will Require Review
Author: Staff
Contact: 901-529-2322
Photo Credit: David McNew
Website: The Commercial Appeal

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