Marijuana decriminalization gets city’s endorsement on legislative agenda

CLARKSVILLE, TN (CLARKSVILLE NOW) – The City of Clarksville is endorsing decriminalization of marijuana on the state level through its 2022 Legislative Liaison Agenda, which will be presented to state legislators next week.

Decriminalization of marijuana is one of four items included in the “Items of Interest” portion of this year’s agenda. The line item specifically calls for the repeal, through a ballot initiative, of TCA 39-17-418, which classifies the possession of small amounts of marijuana, up to a half an ounce, as a class A misdemeanor, and casual exchange to a minor as a felony. That would mean a statewide referendum.

The line item asks for decriminalization of simple possession or casual exchange for personal use.

City Council punts to the state Legislature

The topic of decriminalization came before the City Council in March through a resolution sponsored by Ward 12 councilperson Trisha Butler.

Her resolution, while not seeking to change any laws, encouraged the Clarksville Police Department to make simple possession “the lowest enforcement priority,” and asked District Attorney John Carney Jr. to take “an active stance or position of not prosecuting persons for simple possessions or casual exchange of marijuana for personal use.”

The legislation also expressed support for the Tennessee General Assembly decriminalizing marijuana, or cannabis, on the state level.

“The reason that I did this when I did it was because, at the time, they had three bills going through that involved cannabis,” Butler said. “I had spoken to state legislators that said, ‘We need precedence. We need to justify what we are trying to do at the statehouse.’”

After a five-hour discussion, council members voted 8-5 to send Butler’s resolution to the city Legislative Liaison Committee, which had not been officially formed at that time.

An uphill battle

When asked about the vote to defer her resolution, Butler called the action “inappropriate,” saying that she intends to revisit the issue once a new district attorney has been elected.

“What they are doing with the Legislative Liaison Agenda now … in my opinion, it’s not bold enough. I mean, I’ll take it. I’ll take whatever they put on there, but I’m not going to stop fighting,” Butler said.

She said she intends to continue advocating for decriminalization.

“It’s an uphill battle for Tennessee in general. We are one of only six states left with full prohibition,” Butler said. “People are now starting to surpass us.”

A history of success

Clarksville is not the only Tennessee city involved in the discussion. In 2016, Nashville Metro Council approved legislation allowing for lesser civil penalties in simple possession cases.

In July 2020, Nashville DA Glen Funk said his office would no longer prosecute individuals for possession of less than half an ounce, saying that such charges “do little to promote public health.”

Butler referenced Funk’s decision as inspiration for her own resolution.

Funk’s director of communications, Steve Hayslip, told Clarksville Now that the decision has created drastic savings for Nashville taxpayers. Nashville has saved considerably on jail housing, clerical hours and enforcement, and violent crime has gone down  with law enforcement able to focus on more pressing issues, Hayslip said.

Butler cited Clarksville’s shortage of offices as another argument for decriminalization.

“We don’t have enough cops to do what they need to be doing. We are still doing open air sniffs, which we are not supposed to be doing. I just feel like we are wasting so much time,” Butler said.

A priority on medical

Butler told Clarksville Now that, while she supports decriminalizing recreational use, her priority is on the medical benefits of marijuana.

While she said she does not use marijuana herself, she believes it could be beneficial for veterans like herself who suffer from post-traumatic stress disorder.

“The important thing for me is that it is medicinal. People have the right to utilize this for health. People have a right to ingest what they want to ingest,” Butler said.

“It’s medicine, and considering the state of the opioid epidemic, I feel like we should be looking for something else. … I feel like we are biting off our nose to spite our face.”

Support at the statehouse

State Rep. Jason Hodges, D-Clarksville, who has advocated for decriminalization and legalization in the past, told Clarksville Now he would support a ballot initiative on decriminalization.

“If it’s by referendum, that’s fine by me. We’ll continue to try to pass those laws in the Legislature, but the referendum approach might be one that has more success,” Hodges said.

Hodges also said pressure from cities and counties could quicken efforts for legalization.

“I think that, overall, legalization of at least medical cannabis is getting closer in the Legislature. You’re probably pretty close to, if not at, a majority, that would vote for it if it could get through committee. Any kind of additional push in support of it is helpful.”

The city will present its 2022 Legislative Liaison Agenda on Tuesday, Sept. 21, at a joint reception with Montgomery County Government at 5:30 p.m. at the William O. Beach Center, 350 Pageant Lane.