FAYETTEVILLE : Proposal plays down marijuana possession
Posted on Monday, October 6, 2008
FAYETTEVILLE — Voters will decide Nov. 4 whether marijuana possession should be a lower priority for Fayetteville police. But the vote won’t change the way police deal with these cases because city ordinances can’t supersede state drug laws.
If the law passes, Fayetteville will become the second city in Arkansas to officially de-emphasize enforcement of misdemeanor marijuana regulations, which involve punishment for possession of an ounce or less, as well as paraphernalia possession. Voters in Eureka Springs approved a similar law in 2006.
“The city of Fayetteville already has adopted a low-priority stance regarding misdemeanor possession of marijuana because our resources are stretched thin, and pot is not the problem that other drugs are, such as methamphetamine,” said Fayetteville Mayor Dan Coody. “We need to focus on methamphetamine a lot more than we need to focus on pot.”
“It’s already a low priority,” said Fayetteville Police Chief Greg Tabor. “We don’t ever go out to do specified misdemeanor marijuana stings.”
A coalition called Sensible Fayetteville gathered more than the required 3, 686 signatures to place the question on the Nov. 4 ballot. Ryan Denham, Sensible Fayetteville’s campaign director, also spearheaded the Eureka Springs marijuana initiative in 2006.
The proposal would make the possession of an ounce of marijuana or less, by an adult, Fayetteville’s “lowest law enforcement priority,” as well as the “lowest prosecutorial priority.” Voters will get an abridged version of the initiative on the ballot. A full text of the proposal can be found at http: // sensiblefayetteville. com / full-initiative-text. php.
MAYOR’S JURISDICTION In Arkansas, it’s the mayor who supervises a city’s police department, not the voters, said Kit Williams, Fayetteville’s city attorney. Williams sent a memo to Mayor Dan Coody, the City Council and Tabor on Sept. 4 stating the proposed law appears to be “an attempt to restrict the mayor’s statutory power to ‘supervise the conduct of all the officers of the city. ’” Williams was referring to state statute 14-43-504, which also specifies that the mayor shall “have and exercise the power conferred on sheriffs, within the city limits, to suppress disorder and keep the peace.” “ No ordinance, whether passed by the City Council or the citizens, can remove this statutory power from the mayor, ” Williams wrote in the Sept. 4 memo. “I do not recommend that the city invest its resources and time challenging this proposed initiated ordinance in court. I did want to advise you that if it was indeed passed by the voters, it would have no legal effect upon the mayor’s statutory supervisory powers over the Fayetteville police and their enforcement of state law or city ordinances.” “ The Police Department and mayor’s office should respect the will of the voters, ” Denham said. Second-offense marijuana possession is a felony in Arkansas, punishable by up to six years in prison and a fine of up to $ 10, 000, but prosecutors have some discretion concerning those charges, Williams said. “One of the inconsistencies in our drug laws is that a second arrest for a small amount of marijuana is a felony, but drunk driving doesn’t reach felony status until the fourth arrest,” Coody said.
LETTERS OF SUPPORT The Fayetteville proposal differs from the one approved in Eureka Springs because it requires the city clerk to send letters annually requesting federal and state governments enact similar laws. The proposed law states those letters will be sent to all of Fayetteville’s state senators and representatives, the governor, Fayetteville’s U. S. representative, both of Arkansas’ U. S. senators, and the president. “It’s going to be difficult to keep up with if it passes, to do it every year,” City Clerk Sondra Smith said.
BUILDING SUPPORT Denham said the proposed law will build support for changes later. If the Fayetteville initiative passes, Denham said, the group may try to introduce a bill into the state Legislature or propose a similar law for Little Rock. “It definitely does build support and proves Americans are fed up with their marijuana laws,” he said.
Arkansas spent $ 30 million last year enforcing marijuana laws, and that money could be put to better use fighting serious and violent crimes, Denham said.
Sensible Fayetteville’s initiative states that 402 marijuana arrests were booked by the city of Fayetteville in 2005. Tabor said that number apparently includes arrests made by the University of Arkansas Police Department. Fayetteville city police made 321 misdemeanor marijuana arrests in 2005, 369 in 2006 and 319 in 2007. He noted the proposed law apparently applies only to the Fayetteville Police Department, not the UA, Arkansas State Police or Washington County sheriff’s office.
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