GOP lawmaker files bill to repeal new Nashville, Memphis marijuana laws

Following through on a threat, Tennessee Republican lawmakers have introduced state legislation to nullify partial marijuana decriminalization laws passed in Nashville and Memphis last year.

House Criminal Justice Committee Chairman William Lamberth, R-Cottontown, on Monday filed a bill that would repeal any local law that is inconsistent with penalties outlined in the state’s statute for drug control and narcotic drugs. It would also prevent local governments from creating their own sanctions for drug possession moving forward.

The measure is aimed at ordinances that city councils in Nashville and Memphis passed in the fall that gave police new authority to hand out lighter civil citations for possession of small amount of marijuana instead of charging people with state misdemeanors. Supporters pushed the bills as a way to allow first-time offenders to avoid criminal records.

Lamberth, who had promised state action if the local ordinances were adopted, said his bill simply codifies a November legal opinion from Tennessee Attorney General Herbert Slatery, who argued the local ordinances are unenforceable. In his opinion, Slatery said the local laws conflicted with a state law addressing drug control and another on the powers of district attorneys.

“We’ve never had cities that have just blatantly disregarded state criminal laws and just started making up their own criminal laws on their own,” Lamberth said. “If that were to continue, you would have a hodgepodge of criminal laws throughout our state that no attorney, judge or individual would ever be able to understand or explain as to what penalties you may face where and when.”

Sen. Jack Johnson, R-Franklin, has agreed to be the bill's Senate sponsor, according to Lamberth.

Democrats push 'reasonable' pot penalty bill

In September, Nashville Mayor Megan Barry signed into law an ordinance that gave Nashville police the option of reducing the penalty for people who are found in knowing possession or casual exchange of a half-ounce of marijuana or less to a $50 fine or 10 hours of community service. Police retained the option of charging a state misdemeanor.

Nashville's lighter civil citation has been issued only 27 times for possession of small amounts of marijuana since the law's adoption, according to Metro police spokesman Don Aaron, compared to 815 state citations.

Democrats Rep. Harold Love and Sen. Jeff Yarbro, both of Nashville, fired back at the proposed repeal by announcing their own bill to reduce the penalty for simple marijuana possession in Tennessee from a Class A misdemeanor to a Class C misdemeanor that would be punishable by fine of $50 or less. The bill was to be filed by the end of Tuesday.

“We should apply a reasonable standard statewide so that possession of very small amounts of marijuana doesn’t increase our jail population or place a financial strain on you,” Love said.

When asked for a response to the repeal legislation, Barry Press Secretary Sean Braisted said the mayor's office, as a general rule, will not be commenting on state legislation this session unless it is something they proactively support.

Metro Councilman Dave Rosenberg, lead sponsor of Nashville's ordinance, called the proposed repeal "an unfortunate manifestation of big government overreaching.

"It flies in the face of local control and limited government," he said.

Lamberth said he applauds “Nashville and Memphis’ efforts to try to dive into criminal justice reform,” but added that they passed ordinances that are illegal under state law and violate the Tennessee Constitution and the U.S. Constitution.

His bill looks to erase any legal ambiguity on the issue by spelling out state preemption.

“You can’t allow an officer at their whim to treat two different individuals who have potentially committed the same crime in drastically different ways depending on what that officer feels like at a given time,” he said. “You just can’t have cities creating their own criminal code, willy-nilly.”

AG opinion cited by Republicans

Arguing state law was not preempted, Barry’s administration opted to continue enforcing their new marijuana law after Slatery’s opinion. Memphis put theirs on hold, however.

Under Tennessee law, violators of possession of small amounts of marijuana face a Class A misdemeanor charge that is punishable by up to one year in jail and a $2,500 fine.

Supporters of Nashville’s marijuana legislation have argued the local ordinance works within the confines of state law, likening it to Metro’s laws for litter and seat belts, both of which have penalties that are not as severe as those outlined in state law.

In his opinion, Slatery disagreed, arguing the ordinance is preempted by state law, citing the Tennessee Drug Control Act of 1989, which makes “simple possession or casual exchange” of a controlled substance unlawful. He also cited the state statutes concerning both possession and distribution of small amounts of marijuana, which outline they are Class A misdemeanors.

Lamberth was a critic of Nashville and Memphis’ legislative efforts from the outset. During debate of the local marijuana bills, he had discussed a state bill that would have penalized either city financially by withholding state highway funds if they approved the ordinances.

Advocates of Nashville and Memphis' measures — which include The Tennessee Black Caucus of State Legislators — say the lighter marijuana penalty allows violators to avoid a criminal record, which can hurt people’s chances to find employment, housing and schooling. They've argued-income and minority residents are disproportionately affected by simple marijuana possession arrests.

Reach Joey Garrison at jgarrison@tennessean.com or 615-259-8236 and on Twitter @joeygarrison.