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Despite State's Objection, Nashville Will Keep Enforcing Marijuana Law

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.

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.

 

"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," Cooper said in a statement Monday.  "At this point, we do not believe a change in the police department’s enforcement practice is warranted.”

 

A spokesman for Mayor Megan Barry had previously said that that Metro attorneys were still reviewing the opinion to determine whether Metro agrees with the interpretation.

 

As Barry's administration has now opted to keep enforcing its local marijuana ordinance, the city of Memphis has suspended its local law.