this post was submitted on 17 Aug 2024
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[–] ralphio@lemmy.world 6 points 2 years ago (2 children)

FYI it's pretty normal for DA's to juat say were not gonna prosecute a crime. This is just the first result when I searched for examples with weed:

https://www.newschannel5.com/news/nashville-da-will-no-longer-prosecute-minor-marijuana-possession-charges

Also if she has trouble countering lies, she'll get smoked by Trump so prep is really important here.

[–] mozz@mbin.grits.dev 4 points 2 years ago* (last edited 2 years ago) (1 children)

Nashville had already decriminalized weed as of 2016. I only find one other case (Houston) where it was a prosecutor making a policy decision not to prosecute weed, ahead of the rest of the government. Honestly, just read the rest of the article you cited -- it matters that a lot of the rest of the city government was on board for it, but it still left a little bit of a confusing way to go about it even after decriminalization, which the chief of police among some other people pointed out, along with the idea that yes weed should be legal so maybe it's a good thing.

Left unsaid in among all of that is that selective enforcement by police and prosecutors in almost every case works out, in practice even up to the modern day, to be racist selective enforcement. Honestly it's better for the legislature just to make it legal. I'm not trying to throw cold water on any prosecutor who wants to take the initiative to do a good thing if they can make sure it'll work out right, but generally, the prosecutorial portion of the government isn't where you want to be making your creative departures from the law the way the legislators wrote it down.

[–] ralphio@lemmy.world 1 points 2 years ago (2 children)

I do see that Nashville had decriminalized it in 2016, but it's kinda weird since the article I posted definitely acts like it was still criminalized in 2020. I can't find where the chief of police says anything about it being decriminalized, in the article he just says

“I agree that General Funk, as District Attorney, has the authority to determine what cases to prosecute,” Chief Anderson said. “Marijuana possession remains a violation of Tennessee law, and we cannot be in a position of telling our officers to begin ignoring lawful statutes passed by the legislature. Nashville police officers continue to be encouraged to use their discretion in carrying out their duties, as guided by MNPD policy.”

Maybe a bad article or it had be recriminalized?

[–] mozz@mbin.grits.dev 1 points 2 years ago* (last edited 2 years ago) (1 children)

It sounds to me like the Nashville city government (mayor and prosecutor and part of the city council) sort of decriminalized it on their own unofficially, even with it being still illegal by state law. Which is… kind of fine. It’s messy but whatever if it keeps people out of jail I’m fine with it. I mean that’s what the states did already that got us to this point.

My whole point was just that having the DA lead the process isn’t the normal way to do it, and that’s not how it happened even in Nashville, and attacking Kamala Harris for this wide variety of half-truthful bullshit including that it’s all her fault that California still had some level of criminalization when she was DA and that makes her automatically a bad person, is IMO a variety of half truthful bullshit.

[–] ralphio@lemmy.world 1 points 2 years ago

Ah I get what you're saying, I think the smart money would have been to lie about whether she smoked weed. Could have avoided all of this lol.

[–] Voroxpete@sh.itjust.works 1 points 2 years ago (1 children)

"Decriminalization" doesn't mean "its legal", it means "Its illegal but the state is not obligated to prosecute."

[–] ralphio@lemmy.world 1 points 2 years ago

Typically it means there is no criminal offense to prosecute. It turns it into the equivalant of a speeding ticket.