Pot Proposal Passes Procedural Pro Forma

NASHVILLE, TN — The Metro Council voted 32-4 to pass, on first reading, a proposal which would drastically reduce the penalty for possessing small amounts of marijuana.

The proposal would make possession of less than a half ounce of pot punishable with a $50 civil penalty - similar to a parking ticket - or, at the judge's discretion, 10 hours of community service. Though it is far lower than the statutory penalty established by the state, Councilmember Dave Rosenberg, one of the sponsors of the bill, said last week Metro altering the way it treats small-potatoes drug offenders does not run afoul of that state law, pointing to state law that treats littering as a misdemeanor, with the penalty based on the cubic footage of the litter in question. Metro treats littering as a codes violation.

"This would work the same way. This is just a separate local ordinance parallel to the state law," Rosenberg said.

The initial passage of the bill is no guarantee of future success. Passage on first reading is typically a procedural matter, allowing the bill to be assigned to a committee before the crucial second-reading vote (there is also a third reading, which is often just as perfunctory as the first).

This bill already stands out from most council matters, as it was given a rare recorded vote on first reading. The four councilmembers voting now were Doug Pardue, Steve Glover, Holly Huezo and Bill Pridemore, all regarded as members of the more conservative wing of the council. Pardue said Metro Police had concerns about the use of "shall" in the bill, worried that the use of the legislative imperative would remove their discretion during an arrest.

Rosenberg said while he believed the language had been previously given the police's nihil obstat, he learned about the concerns later, but is happy to work them out in committee.

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