Memphis City Council approves marijuana decriminalization

by Sarah Blevins

The Memphis City Council passed a law Oct. 4 that stated possession or casual exchange of 14 grams or less of marijuana would be now considered a civil penalty versus a criminal charge at the Memphis Police Department’s authority and discretion.

Research was conducted that supports this new law, and states that in 2010, in Shelby county, 42% of all drug busts were marijuana possessions. This costed the city over $4.3 million in incarcerating defendants for simple possession. Over 85% of those charged for possession of marijuana was African American and now have a felony record.

“This is a definite problem,” Councilman Boyd said. “If passed, this will ultimately save tax payers money and will be beneficial to the citizens of Memphis.”

This new law is most helpful to millennials who will one day decide to turn their lives around. He or she will want to pursue a career or apply for FAFSA for college, but would be shunned away from past criminal offenses otherwise.

Some people were for this new law because marijuana does not pose a threat to society and has hopes that the money saved or raised from new fines could go towards helping those who were effected by harsher laws in the past.

“I have not heard of anyone causing as much damage being under the influence of marijuana as we do for a person under the influence alcohol, a legal substance,” Councilman Jones said. “Perhaps the money that we raise for this should go towards expungement of those who have simple possession felonies on their records.”

Quite a few Memphians like Tyler Marshall, who has bachelor’s degree in neuroscience from Rhodes College and master’s degree of public health from the University of Memphis spoke at the city council meeting and in approval of the new law.

“Drug possession and addiction should be treated as a health issue not a crime,” Marshall said. “60% of those who use Marijuana suffer from one or more psychiatric disorders such as PTSD or depression. Sending non-violent marijuana users to jail educates them to be criminals and not to be productive members of society. We must work together to not tragically waste taxpayer’s money on sending kids to jail over a crime that is about as harmful and addictive as caffeine.”

Although many Memphians showed up to the council meeting and spoke for the law to be made, some people spoke against the new law, like Elbert H. Hudson.

“This is work of the devil,” Hudson said. “The church should be here and I am ashamed. The city council should say if you don’t want a record, don’t use it; not you won’t get a record if you do use it.”

Councilan Boyd wanted to ensure the council that this ordinance was not in place to promote the use of marijuana nor was it to be used as a measure towards legalizing marijuana. The idea behind this ordinance is that if caught with 14 grams or less of marijuana, the defendant would be sent to civil courts versus criminal court so that the judge can issue a $50 fine and possible community service versus a criminal misdemeanor or felony record.

The motion was originally set by Councilman Morgan and seconded by Councilman Boyd. The vote was cast with ayes from Boyd, Ford, Hedgepeth, Jones, Robinson, Spinosa and Swearengen and nays from Brown, Colvett, Fullilove, Morgan, Morrison and Chairman Conrad.