by Joey Garrison, The Tennessean - Nashville will continue to allow police officers in Davidson County to give civil citations for the possession of small amounts of marijuana despite a new opinion from Tennessee Attorney General Herbert Slatery that contends the local ordinance preempts state law.
In a statement Monday, Metro Law Director Jon Cooper reaffirmed his
position from last week when he told The Tennessean via email that the
Metro Council acted within its authority. (link)
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To read the Attorney General's opinion, follow this link.
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Metro Legal Statement on Status of Marijuana Ordinance Following AG Opinion
Metro Press release, 11/21/2016 - Metro Nashville Director of Law Jon Cooper has issued the following statement in response to opinion number 16-40 by the Tennessee Attorney General on the ability of local governments to institute civil citations for marijuana possession:“The Metro Council overwhelming passed the ordinance creating a civil penalty for possession of small amounts of marijuana. We have reviewed the Attorney General’s opinion and understand his position. However, we believe we have a good faith legal argument that the ordinance is not preempted by state law. At this point, we do not believe a change in the police department’s enforcement practice is warranted.”
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