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)
To read the Attorney General's opinion, follow this link.
Metro Legal Statement on Status of Marijuana Ordinance Following AG OpinionMetro 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.”