Linda A. Moore

linda.moore@commercialappeal.com

A proposed ordinance that would change Shelby County's laws on marijuana possession will be considered on first reading by the commission's law enforcement, corrections and courts committee on Wednesday.

And that committee's chairman, Commissioner Mark Billingsley, wants it made clear that it is not an ordinance he supports.

"I believe decreasing the penalties sends a very mixed message to the public and especially our children and young adults. Law enforcement leaders have been resolute in their opposition. Our Shelby County commissioners are charged with making our community safer, economically prosperous, address healthcare disparities and educating our children — supporting marijuana initiatives like this are counter to our mission," Billingsley said.

But it's that charge to the community that pushed ordinance co-sponsor, Commissioner Reginald Milton, to draft the legislation.

"We create laws and it's part of (our) responsibility as legislators to revisit these laws from time to time," Milton said.

Milton represents a district that includes South Memphis and Midtown and notes that while marijuana usage for African-Americans and whites is similar, about 85 percent of the people arrested on marijuana charges are African-American.

That arrest can stay with a person forever.

"By introducing young people to the criminal justice system for half an ounce of marijuana, we’re only laying the groundwork for further involvement in our criminal justice system," Milton said.

Milton's ordinance says those found with a half ounce or less of marijuana "may be issued an ordinance summons by the Sheriff’s Office," subject to a fine of not more than $50 and be required to perform up to 10 hours of community service. That would also apply to the "casual exchange" of marijuana paraphernalia, defined as "an exchange not involving the transfer of money."

"This resolution does not seek to make marijuana use legal. That’s not the objective. It’s the effort to make the penalty for small personal use more in line with the times in which we’re in," Milton said.

Earlier this month the Memphis City Council passed a similar ordinance. Nashville's Metro Council also has passed an ordinance giving law enforcement the option to use its local ordinance instead of a state law when charging someone with marijuana possession.

With Memphis and Nashville already on board, it's only reasonable that Shelby County follow suit, Milton said.

Sheriff Bill Oldham shared his opposition to lessening the penalty for marijuana possession before the Memphis ordinance was passed and is not in favor of this one.

"He thinks it's only going to exacerbate a problem that already exists, that decriminalization or reducing the penalty will only increase usage and that increases drug trafficking and all that goes with it," said Earle Farrell, sheriff's office spokesman.

The county's ordinance is co-sponsored by Commissioner Van Turner, needs nine votes to pass and would apply only to the unincorporated areas of the county.

Securing those nine votes isn't likely, but Milton believes the conversation needs to be started.

"If I didn't believe this were the right thing to do, my name wouldn’t be on it," he said.