Katelyn Baker
Well-Known Member
Nashville judges are preparing for the first of Metro's civil marijuana citations to hit their courtrooms, though it remains unclear how many that might be.
Last month the Metro Council approved a new law making possession of a half-ounce of marijuana or less a civil, instead of criminal, offense. Police officers have discretion to hand out civil or criminal consequences.
At least four civil citations were issued between when the law went into effect on Sept. 21 and Friday, according to Nashville police spokesman Don Aaron. But that number may be larger: Aaron said some officers may have issued additional citations, which are on paper, that have not yet been entered into the department computer system. He said officers issued 53 misdemeanor criminal citations for marijuana possession in the same time.
Those with civil citations have yet to appear in court. Under the new law, they have two options: Pay $50, or plead not guilty and appear in court.
People who opt to go to court will be scheduled for an 8:35 a.m. court appearance alongside Metro's other traffic and code violation cases, according to a preliminary plan approved by the city's 11 General Sessions judges last week. The plan was presented by Davidson County circuit court Chief Deputy Clerk Bill Cartwright.
"It's a win-win for all the agencies, and the public itself, being more convenient. For the police officers, and the time they have to spend in court being less," Cartwright said.
Circuit Court Clerk Richard Rooker predicts that 90 percent of people will pay the fine and avoid going to court to save time, just as, he said, most people do not contest traffic tickets.
"Typically I think instead of folks coming to court and going through the process I think we will see more of them pay and just move on," Rooker said.
His office also predicted about seven hearings a week involving people who contest the civil marijuana charges.
Since Jan. 1, there have been nearly 500 Metro code violations each week, or roughly 14 per week, according to court statistics. The clerk's office proposed the current court scheduling plan presuming there will be about the same number of marijuana citations, and half will opt for a court hearing. That number, however, is just a guess.
"It could be 100," Rooker said. "We don't know how much the police department is going to enforce it on the civil side."
Officers can still pursue criminal charges for marijuana possession, including when a person also commits other crimes. A resolution is headed toward Metro Council to track when police hand out civil versus criminal penalties.
Contesting the civil citation is the only option for people who want the charge to disappear from their records.
Those who pay the $50 will end up with a marijuana case that is a public record, albeit not a criminal one. That is something some judges have called a concerning prospect, because it may show up when people apply for schools or housing, for example.
To get the citation erased through a formal court process known as expungement, people must plead not guilty, appear in court and do up to 10 hours of community service at a venue ordered by the judge. The judge then has the discretion to dismiss the charge, which qualifies it for expungement.
As the cases begin to trickle in, the judges and administrators acknowledge there may be changes down the line to how the citations are handled.
"We may have to tweak it at some point," Rooker said.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: How Many Civil Pot Cases Will Nashville Judges Handle?
Author: Stacey Barchenger
Contact: 615-259-8095
Photo Credit: David McNew
Website: The Tennessean
Last month the Metro Council approved a new law making possession of a half-ounce of marijuana or less a civil, instead of criminal, offense. Police officers have discretion to hand out civil or criminal consequences.
At least four civil citations were issued between when the law went into effect on Sept. 21 and Friday, according to Nashville police spokesman Don Aaron. But that number may be larger: Aaron said some officers may have issued additional citations, which are on paper, that have not yet been entered into the department computer system. He said officers issued 53 misdemeanor criminal citations for marijuana possession in the same time.
Those with civil citations have yet to appear in court. Under the new law, they have two options: Pay $50, or plead not guilty and appear in court.
People who opt to go to court will be scheduled for an 8:35 a.m. court appearance alongside Metro's other traffic and code violation cases, according to a preliminary plan approved by the city's 11 General Sessions judges last week. The plan was presented by Davidson County circuit court Chief Deputy Clerk Bill Cartwright.
"It's a win-win for all the agencies, and the public itself, being more convenient. For the police officers, and the time they have to spend in court being less," Cartwright said.
Circuit Court Clerk Richard Rooker predicts that 90 percent of people will pay the fine and avoid going to court to save time, just as, he said, most people do not contest traffic tickets.
"Typically I think instead of folks coming to court and going through the process I think we will see more of them pay and just move on," Rooker said.
His office also predicted about seven hearings a week involving people who contest the civil marijuana charges.
Since Jan. 1, there have been nearly 500 Metro code violations each week, or roughly 14 per week, according to court statistics. The clerk's office proposed the current court scheduling plan presuming there will be about the same number of marijuana citations, and half will opt for a court hearing. That number, however, is just a guess.
"It could be 100," Rooker said. "We don't know how much the police department is going to enforce it on the civil side."
Officers can still pursue criminal charges for marijuana possession, including when a person also commits other crimes. A resolution is headed toward Metro Council to track when police hand out civil versus criminal penalties.
Contesting the civil citation is the only option for people who want the charge to disappear from their records.
Those who pay the $50 will end up with a marijuana case that is a public record, albeit not a criminal one. That is something some judges have called a concerning prospect, because it may show up when people apply for schools or housing, for example.
To get the citation erased through a formal court process known as expungement, people must plead not guilty, appear in court and do up to 10 hours of community service at a venue ordered by the judge. The judge then has the discretion to dismiss the charge, which qualifies it for expungement.
As the cases begin to trickle in, the judges and administrators acknowledge there may be changes down the line to how the citations are handled.
"We may have to tweak it at some point," Rooker said.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: How Many Civil Pot Cases Will Nashville Judges Handle?
Author: Stacey Barchenger
Contact: 615-259-8095
Photo Credit: David McNew
Website: The Tennessean
