House OKs plan to block local pot laws

Proposal targets Memphis and Nashville ordinances

NASHVILLE - The Tennessee House of Representatives approved a bill Thursday that would nullify the partial marijuana decriminalization laws approved in Nashville and Memphis last year.

The legislation, sponsored by Rep. William Lamberth, R-Cottontown, would repeal any local law that is inconsistent with penalties in state statues pertaining to drug control and narcotics. The bill would also prevent local governments from creating their own sanctions.

The legislation was introduced in response to ordinances passed by city councils in Memphis and Nashville. The local laws gave police in those cities the

discretion to hand out lighter civil citations for possession of small amounts of marijuana.

As of Jan. 31, Nashville’s lighter civil citation had 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.

Last year, Tennessee Attorney General Herbert Slatery said the Memphis and Nashville ordinances violated state statute.

The House voted 65-28 in favor of the bill. Six Republicans, including House Speaker Beth Harwell, who is weighing a bid for governor, were among the dissenting votes.

Much of the chamber’s debate centered on arguments about local control, with several Democrats saying the state should not be making decisions that overrule local governments.

Rep. Antonio Parkinson, D-Memphis, said during the 2017 legislative session there’s been an “onslaught” of efforts by lawmakers to dictate to local governments what they can do.

“The individuals that were elected by those cities, by those communities, by those voters know what’s best at the local level,” he said.

Aside from the discussion about local control, others, including Rep. Mike Stewart, D-Nashville, and Rep. Craig Fitzhugh, D-Ripley, said the matter should not be settled by lawmakers but in the court system.

Lamberth pushed back against many of the arguments he faced, saying his legislation was merely an effort to provide uniformity across the state while also working to curb any potential discrimination.

Although most Republicans voted in favor of the legislation, a few, including Rep. Jeremy Faison, R-Cosby, openly criticized the measure. Faison, who has advocated for medical marijuana legislation, said because of inaction by federal and state lawmakers, local governments have been forced to make changes to marijuana laws.

“We have informed lawmakers that we are opposed to this piece of legislation and we are disappointed that the House voted to approve it today,” said Sean Braisted, Nashville Mayor Megan Barry’s press secretary. “We will continue to monitor its progress in the state Senate.”

The Senate delayed voting on its version of the bill until Monday.