Linda A. Moore

linda.moore@commercialappeal.com

A vote on a Shelby County ordinance that lessens the penalty for possession of a half-ounce or less of marijuana was sent to Monday's full commission Wednesday without a vote.

Ordinance co-sponsor Van Turner asked that it be delayed to give the county attorney's office time to determine if the law can be written for only the southeast portion of the county's unincorporated areas.

Commissioners spent more than an hour debating the law that was intended to mirror an ordinance passed earlier this month in Memphis. It gives law enforcement the option of issuing a citation with a $50 fine and up to 10 hours of community service.

Turner said the ordinance would apply only to his Southeast Shelby County district, where a person can stand in the street with "one leg in city of Memphis and one leg in county of Shelby."

"We're not saying kids go out here and smoke weed. We're not saying, hey, you can do this in front of law enforcement and not be arrested. We're not endorsing the use of any illicit or illegal drugs. We're not saying this is right. We're not decriminalizing marijuana. We're not asking to legalize marijuana," Turner said.

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They're just giving law enforcement another option for someone caught with a half-ounce or less, he said.

Current punishments trap people in the criminal justice system, said Commissioner Reginald Milton, Turner's co-sponsor.

"The goal should be to try to prevent people to be drawn into the criminal justice system in the first place," Milton said.

Sheriff's office Chief Inspector Mark Kellerhall cautioned commissioners that Colorado has seen increased problems since marijuana was legalized and similar issues could arise if the penalty here is reduced, giving the public the impression that marijuana is legal.

That half-ounce could produce up to 33 joints and be worth as much as $3,000, Kellerhall said as he used oregano to illustrate what a half-ounce of marijuana looks like.

People can become dependent upon marijuana, making them unemployable, he said.

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"If you don’t have a job to buy it you’re going to commit a criminal act. So we’re looking at this as a stepping stone to increased crime numbers," Kellerhall said.

Because Colorado has legalized marijuana, Turner ask Kellerhall to share with them on Monday information from cities in states where marijuana is not legal, but where the penalties have been reduced.

Also against the proposal was Sgt. Dan Chapman, president of the Shelby County Deputy Sheriff's Association, who pointed out the potential liabilities to the county an officer on the street has to consider when deciding who goes to jail and who gets a citation.

He spoke about a call he made concerning a man who was obviously high at a convenience store. He intended to issue him a citation, but because the man wouldn't call anyone to come and take him home, Chapman had to take him to jail. Otherwise, the county would have been liable if he'd fallen in the street on the way home and been hit by a car.

Meanwhile, commissioners cited the county's other priorities and the need to discourage drug use in their opposition to the ordinance, which will need nine votes on the 13-member body to pass.

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"I really don't see a scenario where I can support this. I polled the people in my district. The people I represent are against it. I'm against it as well," said Commissioner Steve Basar, who added, "We as a body and we as a community have bigger fish to fry."

Marijuana is illegal, said Commissioner Eddie Jones, a former Memphis Police officer.

"I believe you should be working more toward getting people not to use the drugs," Jones said.

The fact that a felony arrest can follow someone like a life sentence is a mistake, said Commissioner Heidi Shafer, but there are other ways to address that besides lowering the penalty for marijuana possession.

Only the sponsors, along with Commissioner Walter Bailey voiced support, saying it made sense to give officers options.