Marijuana as low-priority issue to be on Nov. ballot
John Willems
Issue date: 9/10/08 Section: News
If it is passed, the proposed city ordinance asking that marijuana become the lowest priority for law enforcement will either have no effect or will be historic, depending on whom you ask.
"From a legal point of view, this ordinance has no effect," City Attorney Kit Williams said.
"When we pass an initiative like this, we send a message that we will no longer accept inaction," said Jacob Holloway, field organizer for Sensible Fayetteville, the organization that wrote the ordinance. "By bringing light to this issue, we can change not only local laws but state and federal laws, as well."
Law enforcement officials from both the UA Police Department and the Fayetteville Police Department said the ordinance would have no affect on how they enforced the law. Marijuana possession is classified as a Class A misdemeanor by state law, and local ordinances cannot supersede state law, Williams said.
"It would be like if we passed an ordinance saying we weren't going to enforce drunken driving laws," Williams said. "We would still have to enforce them."
The proposed ordinance would make prosecution of possessing small amounts of marijuana the lowest prosecutorial priority, said Ryan Denham, campaign director for Sensible Fayetteville. The city clerk would also send a letter to the state legislature every year asking for a change in the state's drug policy, he said.
"This is an opportunity for the people of Fayetteville to say that the drug laws need to be changed," Denham said.
The ordinance will not affect how the UAPD enforces laws against marijuana, said Gary Crain, UAPD information officer. If a police officer encounters a violation of the law, they are obligated to take action, Crain said. If someone calls and reports marijuana use, the police will investigate it, he said.
The UAPD will continue to enforce the law until the state law changes, UAPD Chief Steven Gahagans said. The Fayetteville Police Department also will not change its enforcement if the ordinance passes, particularly because the idea of issuing fines for violations instead of making arrests violates state law, said Chief Greg Tabor.
"From a legal point of view, this ordinance has no effect," City Attorney Kit Williams said.
"When we pass an initiative like this, we send a message that we will no longer accept inaction," said Jacob Holloway, field organizer for Sensible Fayetteville, the organization that wrote the ordinance. "By bringing light to this issue, we can change not only local laws but state and federal laws, as well."
Law enforcement officials from both the UA Police Department and the Fayetteville Police Department said the ordinance would have no affect on how they enforced the law. Marijuana possession is classified as a Class A misdemeanor by state law, and local ordinances cannot supersede state law, Williams said.
"It would be like if we passed an ordinance saying we weren't going to enforce drunken driving laws," Williams said. "We would still have to enforce them."
The proposed ordinance would make prosecution of possessing small amounts of marijuana the lowest prosecutorial priority, said Ryan Denham, campaign director for Sensible Fayetteville. The city clerk would also send a letter to the state legislature every year asking for a change in the state's drug policy, he said.
"This is an opportunity for the people of Fayetteville to say that the drug laws need to be changed," Denham said.
The ordinance will not affect how the UAPD enforces laws against marijuana, said Gary Crain, UAPD information officer. If a police officer encounters a violation of the law, they are obligated to take action, Crain said. If someone calls and reports marijuana use, the police will investigate it, he said.
The UAPD will continue to enforce the law until the state law changes, UAPD Chief Steven Gahagans said. The Fayetteville Police Department also will not change its enforcement if the ordinance passes, particularly because the idea of issuing fines for violations instead of making arrests violates state law, said Chief Greg Tabor.
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