Katelyn Baker
Well-Known Member
Geography and a specific point of law, according to Shelby County Commissioner Van Turner, should be reason enough for commissioners to pass a controversial marijuana ordinance that would apply only in the unincorporated areas of his southeast district.
He hopes those details will gain them some traction, as he and ordinance co-sponsor Commissioner Reginald Milton push for a new county ordinance that gives sheriff's deputies the option of issuing a civil citation for possession of a half ounce or less of marijuana instead of taking that person to jail on state charges. The citation would carry a $50 fine and up to 10 hours of community service.
The ordinance failed in the first of three readings by the full commission last week. It will go through two more readings and must get nine votes in the final reading to pass.
So far, only commissioners Walter Bailey and Melvin Burgess have backed the idea.
Turner is of the belief that they can tailor the ordinance so that it is applicable only in the unincorporated areas of southeast Shelby County, making it more palatable to commissioners from districts where any attempt to ease the penalty for marijuana possession is frowned on.
"If you apply the contours of the old Memphis annex reserve areas, that would get you where I'm trying to go with this," said Turner, an attorney in private practice.
The rational basis test under the equal protection clause, he said, allows them to make exceptions in the law, as long as those exceptions are not intended to discriminate protected classes like race, gender or religion.
Memphis has passed a similar marijuana ordinance, and it makes sense that people who might be right across the street from each other be covered by similar laws, he said.
Turner is awaiting an official opinion from the county attorney, but is confident in his assessment.
"I think once you look a the geography of it and what is reserved or former reserve areas, I think it makes sense and I think the law will support it," he said.
Should other areas in unincorporated Shelby County be annexed, they would be folded into one of the county's other municipalities.
And he makes the argument that if one of those municipalities approved similar marijuana laws, it would make sense for that city's old reserve area to be included in the county's ordinance.
"If Millington were to adopt the same ordinance as the city of Memphis, I would make that same argument for their reserve area," he said.
But Commissioner Terry Roland, who represents north Shelby County, including Millington, calls Turner's idea discriminatory.
"We make laws for unincorporated Shelby County. If we pass a law, we have to pass the same law for all of unincorporated Shelby County," he said. "You can't pick out one part because that's discrimination. The law has got to apply equally, and I don't know how much plainer I can make it."
Even if the law were to include his district, he wouldn't support it and sees a number of liability issues in giving sheriff's deputies that level of discretion for an illegal substance.
"If he lets that person go with that little bit of pot, and that person goes down here and has a wreck and kills somebody, and they found out the county stopped him and let him go, who's responsible?" Roland said.
And, with a similar ordinance approved in Nashville, Roland believes the Tennessee Legislature will quickly step in next year and make these ordinances illegal statewide.
Milton realizes this will be difficult to pass.
But believes with young African-Americans being arrested on drug charges at four times the rate of whites despite statics that show parallel drug use, something must be done to keep those young people out of the criminal justice system, he said.
"I'm trying to push that argument above all else and I believe this is where we need to be going. We've got to stop arresting all these kids," Milton said.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: County's Marijuana Rule Would Be Limited, Lawmaker Says
Author: Linda A. Moore
Contact: (901) 529-2345
Photo Credit: Brandon Dill
Website: The Commercial Appeal
He hopes those details will gain them some traction, as he and ordinance co-sponsor Commissioner Reginald Milton push for a new county ordinance that gives sheriff's deputies the option of issuing a civil citation for possession of a half ounce or less of marijuana instead of taking that person to jail on state charges. The citation would carry a $50 fine and up to 10 hours of community service.
The ordinance failed in the first of three readings by the full commission last week. It will go through two more readings and must get nine votes in the final reading to pass.
So far, only commissioners Walter Bailey and Melvin Burgess have backed the idea.
Turner is of the belief that they can tailor the ordinance so that it is applicable only in the unincorporated areas of southeast Shelby County, making it more palatable to commissioners from districts where any attempt to ease the penalty for marijuana possession is frowned on.
"If you apply the contours of the old Memphis annex reserve areas, that would get you where I'm trying to go with this," said Turner, an attorney in private practice.
The rational basis test under the equal protection clause, he said, allows them to make exceptions in the law, as long as those exceptions are not intended to discriminate protected classes like race, gender or religion.
Memphis has passed a similar marijuana ordinance, and it makes sense that people who might be right across the street from each other be covered by similar laws, he said.
Turner is awaiting an official opinion from the county attorney, but is confident in his assessment.
"I think once you look a the geography of it and what is reserved or former reserve areas, I think it makes sense and I think the law will support it," he said.
Should other areas in unincorporated Shelby County be annexed, they would be folded into one of the county's other municipalities.
And he makes the argument that if one of those municipalities approved similar marijuana laws, it would make sense for that city's old reserve area to be included in the county's ordinance.
"If Millington were to adopt the same ordinance as the city of Memphis, I would make that same argument for their reserve area," he said.
But Commissioner Terry Roland, who represents north Shelby County, including Millington, calls Turner's idea discriminatory.
"We make laws for unincorporated Shelby County. If we pass a law, we have to pass the same law for all of unincorporated Shelby County," he said. "You can't pick out one part because that's discrimination. The law has got to apply equally, and I don't know how much plainer I can make it."
Even if the law were to include his district, he wouldn't support it and sees a number of liability issues in giving sheriff's deputies that level of discretion for an illegal substance.
"If he lets that person go with that little bit of pot, and that person goes down here and has a wreck and kills somebody, and they found out the county stopped him and let him go, who's responsible?" Roland said.
And, with a similar ordinance approved in Nashville, Roland believes the Tennessee Legislature will quickly step in next year and make these ordinances illegal statewide.
Milton realizes this will be difficult to pass.
But believes with young African-Americans being arrested on drug charges at four times the rate of whites despite statics that show parallel drug use, something must be done to keep those young people out of the criminal justice system, he said.
"I'm trying to push that argument above all else and I believe this is where we need to be going. We've got to stop arresting all these kids," Milton said.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: County's Marijuana Rule Would Be Limited, Lawmaker Says
Author: Linda A. Moore
Contact: (901) 529-2345
Photo Credit: Brandon Dill
Website: The Commercial Appeal
