Supporters get marijuana-priority question put on November ballot
Posted on Saturday, September 6, 2008
day and finished by Thursday," Smith said. "We didn't even have to count them all. We got to 3, 736 and then stopped because we didn't need anymore."
Sensible Fayetteville was formed in 2007 as a coalition made up by members of the OMNI Center for Peace, Justice & Ecology, the Green Party of Washington County, the University of Arkansas student branch of the National Organization for the Reform of Marijuana Laws and the Alliance for Reform of Drug Policy in Arkansas Inc. The group has been working all year to gain legislation that would lessen the penalty for adult marijuana possession.
"We'd rather make it a citation instead of an arrest," said Ryan Denham, Sensible Fayetteville campaign director. "If it passes, we hope officers will respect voters and not arrest someone for possessing a small amount of marijuana."
Initiative sponsors turned in a total of 5, 522 signatures Aug. 6. On Aug.
Fayetteville residents will decide if adult marijuana possession should become the lowest priority for police.
Sensible Fayetteville initiative sponsors turned in just over 1000 additional signatures on August 29 to meet a shortfall of 301 valid signatures. City Clerk Sondra Smith said the petition qualified by exceeding the 3, 686 signatures required to be on the ballot.
"We started counting them on Tues- 19, City Clerk Sondra Smith and staff verified 3, 385 valid signatures. Based on the number of votes cast in the city's last mayoral election, a total of 3, 686 signatures is required to qualify the petition.
In a last-minute effort to gather the remaining signatures, Denham and fellow coalition members launched various public campaigns in the Fayetteville Square and at Wilson Park.
If approved, the amendment would be similar to the one approved in Eureka Springs and would make "investigations, citations, arrests, property seizures and prosecutions for adult marijuana and marijuana parapher nalia offenses, where the marijuana was intended for adult personal use, the city of Fayetteville's lowest law enforcement and prosecutorial priority."
Denham said the focus is on adults who would fall under misdemeanor offenses, which is possession of 1 ounce or less. He said enforcement of the law, as written, only serves to increase law enforcement expenditures and overcrowd jails.
"We're also trying to educate the public that students lose federal financial aid if convicted of marijuana possession," he said. "We think that sends the wrong message. We're the top eighth state to revoke financial aid. The majority come from drug arrests, most involving small amounts of marijuana."
Despite the group's effort, Fayetteville Police Chief Greg Tabor said approval of the ordinance wouldn't impact law enforcement related to marijuana possession.
"There are a few kinks with that," he said. "Marijuana possession is a Class A Misdemeanor, which means you have to be finger printed and have your picture taken by state law. That means you'll have to go to jail. No city ordinance can supersede state law."
Tabor added that marijuana possession is already a low priority for police due to booking fees at the Washington County Detention Center.
"I'm not saying we don't arrest people," he said. "But at $ 50 a head, we try to cut everyone we can."
Are people with misdemeanor marijuana possession going to be arrested ? Absolutely. For instance, sometimes we have officers who are strictly assigned to DWI enforcement. We don't do that for marijuana."
Fayetteville City Attorney Kit Williams echoed Tabor's standpoint, adding that the ordinance would have little significance, legally.
"Not only does state law not change, but when they say they want to make it a low priority for police, well, the mayor is in charge of supervising police and everyone else. He has to make sure the laws are enforced."
In Arkansas, Denham said, citizens have the right to petition local, county and state government for changes in law. Approving the ordinance locally, he added, could prompt support for similar legislation in other cities, eventually influencing state law.
"We'd like the legislators to understand that the support for this type of marijuana legislation is out there," he said. "We urge people to research the initiative and keep an open mind. It's a multi-faceted issue."
Similar laws have been passed by communities in Missouri, Montana, Washington, California and Colorado.
In addition to making marijuana possession the lowest priority for police, the measure requires the city clerk to submit letters to state and federal legislators, the governor and the president stating "The citizens of Fayetteville have passed an initiative to de-prioritize adult marijuana offenses where the marijuana is intended for personal use and request that the federal and Arkansas state governments take immediate steps to enact similar laws. "The letter would be submitted annually until state and federal laws are changed accordingly.
"We're trying to get as many people registered to vote as possible," Denham said. "There are only 30 days left to register. We are really encouraging people to participate in this election."
Citizens registered to vote in Fayetteville will be able to vote during the General Election on Nov. 4.
The full text of the proposed ordinance can be viewed at www. sensiblefayetteville. com.
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