Nashville, Tennessee District Attorney Glenn Funk issued a press release announcing his office’s intentions on not prosecuting marijuana charges less than .5 ounces . General Funk did reserve the right to prosecute those who were smoking marijuana in public on disorderly conduct charges, General Funk’s rationale is well reasoned. General Funk opined that minor marijuana charges” do little to promote public health and even less to promote public safety”. The press release further states that the elimination of prosecuting these minor charges will save needed expenses. These resources could be devoted to prosecuting violent crimes , burglaries, or theft crimes. Here is a link to the press release in the Nashville scene…https://www.nashvillescene.com/news/pith-in-the-wind/article/21138961/nashville-das-office-will-no-longer-prosecute-simple-marijuana-possession
I could’t agree more. Over my career, I couldn’t even guess how many cases that I have defended folks that just had a blunt or even seeds and stems. Why does our criminal justice system want to brand someone as a criminal for smoking marijuana. Yet , many jurisdictions in Tennessee relish prosecuting minor marijuana cases. In many cases, they arrest someone instead of issuing a warrant. In Nashville, the police are understaffed. Courts are busting at the seams. Covid19 is creating a tremendous backlog of cases. Our criminal justice system needs to focus on protecting us from violent crimes and folks who prey on others.
How will the metro Nashville Police Department respond ? Police officers take an oath to enforce the law. You can still get arrested or issued a citation for simple possession of marijuana. Your car can still be searched if the pol;ice smell weed in your car ? Stop. Here is my lawyer advice. Never smoke weed in your car ever. The smell of weed creates probable cause to search your car or to do field sobriety tests. The police might still make arrests but then let the assistant district attorneys handle th ecase in court.
Now , the big question. What will Nashville’s District Attorney’s Office do if there is a probation violation where the allegation is a positive drug screen for weed ? What will be the response from the State of Tennessee.
If you been charged with a marijuana case and need help, visit our website www.MayMcKinneylaw.com or call 615-259-9009