CLARKSVILLE, TN (CLARKSVILLE NOW) – Clarksville’s City Council is again considering support for the statewide decriminalization of marijuana as well as encouraging the Clarksville Police Department to make simple possession and casual exchange “the lowest enforcement priority.”

The resolution, sponsored by Ward 12’s Trisha Butler, wouldn’t change any laws, but it expresses support for decriminalization at the state level, which would have to be taken up by the Tennessee General Assembly.

Setting a precedent

The city put marijuana decriminalization as an “item of interest” on their legislative agenda in September, requesting state lawmakers repeal through statewide referendum 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.

Butler told council members that her resolution would cement the city’s position on marijuana reform and provide state lawmakers with incentive to move forward.

“This resolution sets a precedent that state legislators have asked for. This is how we effect change at the state level,” Butler said on Tuesday.

This is not dissimilar from a resolution coming before the county next week requesting state lawmakers amend certain laws giving the county power to authorize liquor and wine by the drink and retail sales of liquor and wine outside city limits, an item from their own legislative agenda.

Back from committee

The resolution was initially introduced in February this year, when it was deferred to the then-unformed Legislative Liaison Committee following lengthy debate.

At the time, council members expressed concerns about the resolution placing demands on law enforcement and asked Butler if she had consulted CPD leadership. Others suggested that such resolutions are merely statements and lack legislative weight.

“Clarksville, your City Council silenced your voice about cannabis, when the state Legislature is taking up three bills on decrim/legalization. Why? Bureaucratic bull—- and fear,” Butler said in a Facebook post following that February meeting.

At their Tuesday executive session, Butler told council members that her resolution should have returned to the council after 30 days, and that action by local governments is needed to spur state lawmakers to action.

“This resolution is not toothless. Many of the resolutions we pass carry weight,” Butler said. “Even resolutions that establish the sense of the council carries the weight of our positions and we should never take that lightly.”

Council shows cautious support

Council members’ comments on the resolution were largely positive, especially in regards to supporting statewide decriminalization.

“The reality is that cannabis does not cause more harm than alcohol or tobacco, and those things are regulated. Many of our jails and systems are already overcrowded by nonviolent offenders, and it’s directly harming our populations of color,” said Ward 11’s Ashlee Evans.

Other council members expressed concerns about asking law enforcement and the district attorney to enforce laws in a certain manner.

City Attorney Lance Baker told the council the resolution does not stop CPD from enforcing the laws. It instead suggests a policy change for CPD.

“You’re giving policy guidance and direction to the chief of police not to not enforce the law, but to make charges of simple possession and casual exchange the lowest priority, which frankly, I suspect it already is,” Baker said.

Multiple council members expressed interest in amending the resolution to focus on communicating with state lawmakers rather than directing law enforcement.

CPD chief weighs in

Police Chief David Crockarell was present at Thursday’s meeting, and he addressed many of the concerns.

“We’re obligated to enforce the law. So is the district attorney,” Crockarell told council members. “We don’t choose what laws are good and what laws are bad. We just enforce them.”

In response to questions from council members, Crockarell said marijuana is already at “the bottom of the spectrum” for CPD.

“Please write an ordinance against shoplifting. We deal with that 10 times more than low-level marijuana.” Crockarell said. “Most arrests are made because they are under arrest for something else, or it’s a domestic-related incident and there’s marijuana in their pocket. Low-level marijuana is not something that’s part of our briefing plan.”

Crockarell went on to say there is a connection between marijuana and violent crime in Montgomery County.

“I’m not going to walk away from this podium without letting you know that there is gun violence around marijuana, and people get killed in this county because of marijuana.”

The City Council will vote on the matter at their regular session on Thursday, Dec. 2, at 6 p.m.