Students, officials react to lowest priority marijuana initiative
Jack Willems
Issue date: 11/14/08 Section: News
Last week, Fayetteville voters approved by referendum a measure making the enforcement of marijuana laws the lowest priority of law enforcement. Local law enforcement officials say this initiative will have no effect on how they do their jobs, though proponents of the initiative hope that will change.
"Hopefully, the police officers will listen to the people," said Jacob Holloway, field organizer for Sensible Fayetteville. "Without their compliance, this resolution really has no teeth."
Because the university is a state entity, local ordinances will not affect how the UA Police Department enforces state laws, said Vance Rice, UAPD officer of investigative services. Enforcement of marijuana laws was not a high priority to begin with, he said. The UAPD will typically investigate if they received complaints of marijuana use or see it out in the open, Rice said. They will also search residence hall rooms if they suspect marijuana is being used.
"If we can build a case for it we will get search warrants," Rice said. "I really doubt the university will ask us to back away."
The initiative will also have no legal affect on the city at large because it is in conflict with the mayor's constitutional right to enforce state law, said Kit Williams, city attorney. The mayor has the right to set law enforcement priorities, and neither ballot initiatives nor the city council can impose on those priorities.
"I think the ordinance was passed to express the citizens' view on marijuana law," Williams said. "To have an effect, it must be done at a state level."
The initiative can be enforced, and it has been done in other cities, Holloway said. After passing a lowest priority initiative, the city of Seattle saw arrests for marijuana violations drop from 500 in a year to 50, he said. A county in Montana that passed such an initiative enforced it after the city council passed a resolution asking the mayor to do so, Holloway said. Sensible Fayetteville has asked the local city council to do the same.
"Hopefully, the police officers will listen to the people," said Jacob Holloway, field organizer for Sensible Fayetteville. "Without their compliance, this resolution really has no teeth."
Because the university is a state entity, local ordinances will not affect how the UA Police Department enforces state laws, said Vance Rice, UAPD officer of investigative services. Enforcement of marijuana laws was not a high priority to begin with, he said. The UAPD will typically investigate if they received complaints of marijuana use or see it out in the open, Rice said. They will also search residence hall rooms if they suspect marijuana is being used.
"If we can build a case for it we will get search warrants," Rice said. "I really doubt the university will ask us to back away."
The initiative will also have no legal affect on the city at large because it is in conflict with the mayor's constitutional right to enforce state law, said Kit Williams, city attorney. The mayor has the right to set law enforcement priorities, and neither ballot initiatives nor the city council can impose on those priorities.
"I think the ordinance was passed to express the citizens' view on marijuana law," Williams said. "To have an effect, it must be done at a state level."
The initiative can be enforced, and it has been done in other cities, Holloway said. After passing a lowest priority initiative, the city of Seattle saw arrests for marijuana violations drop from 500 in a year to 50, he said. A county in Montana that passed such an initiative enforced it after the city council passed a resolution asking the mayor to do so, Holloway said. Sensible Fayetteville has asked the local city council to do the same.
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