There are now three medical marijuana dispensaries open in Northwest Arkansas, two in Bentonville and one in Fayetteville. Eureka Springs Police Chief Brian Young said local police are now treating marijuana possession by someone who possesses a medical marijuana card just as the police would treat a prescription medicine.
If police stop someone for a traffic violation and smell marijuana, that is probable cause for the driver to be questioned about having marijuana in the vehicle.
“It the driver has a card, we are done,” Young said. “Officers can ask to see the marijuana. But as long as the person in the vehicle is not over the limit, it is okay.”
It is still illegal to drive while impaired. But Young said possession doesn’t mean that a driver is impaired. Field sobriety tests similar to those used when alcohol intoxication is suspected can be used.
If marijuana is smelled and the driver doesn’t have a card, the officer is likely to have questions for them. It can also be an issue if one person has a card but the marijuana is found under the seat of another person.
Young said so far medical marijuana has not turned out to be a big issue with police. As for possession of marijuana without a card, a lot of the officer’s response can depend on the attitude of the person who has been stopped.
Arkansas has some of the harshest marijuana laws in the country. Possessing less than four ounces of marijuana is a misdemeanor carrying up to one year in jail and a fine of up to $2,500. Possessing an ounce of marijuana or more by those who have twice been convicted of possession is a felony punishable by up to six years in prison and a fine of up to $6,000.
But local officers are unlikely to make arrests for possession in most cases. Young says a lot depends on the attitude of the person being questioned.
“Officers respond different in the day and at night,” Young said. “There are different people you deal with in the day and at night. At night, officers are more likely to encounter people driving under the influence of alcohol and doing drugs. People who tend to abuse alcohol and drugs are more likely to be out late at night.”
Eureka Springs’ lifeblood is tourism, and Young said officers are well aware of that. He recommends that officers act professional at all times even when dealing with people who have bad attitudes.
Officers aren’t going to just look the other way for marijuana possession. It is still illegal without a medical marijuana card. But neither are they out looking for marijuana possession. And, if they do come across marijuana possession, Young said unless the suspect shows a bad attitude, they are more likely to receive a citation rather than be arrested.
There is much more concern about illegal use of opioids and methamphetamines that are leading to overdoses and deaths.
Fentanyl, a powerful pain medication prescribed for severe pain, can be 50 and 100 times more potent than morphine. Fentanyl can be deadly in very small amounts equivalent to a few grains of salt. There was an increase in the number of overdose deaths of other synthetic opioids in the U.S. in 2017, with most related to illegal fentanyl, according to the National Institute on Drug Abuse.
Young said there are no confirmed cases inside Eureka Springs city limits of fentanyl overdose in a long time, “But this is a problem we are seeing all over the country.”
Other challenges for the local police force include keeping up with the cost of modern technology. All the officers wear body cameras now, which Young said protects the officer and the public. Video can be very important for court proceedings. Currently they are working on also installing cameras inside police cars. But while the officer body cameras are $1,000, a camera in the vehicle costs $5,000. So, it is taking a while to equip all the police cars with cameras.
Another issue for the local police is pay. Eureka Springs pays less than larger towns in Northwest Arkansas, which can make it difficult to keep a full staff.
Currently the police department has 13 full-time officers, five full-time dispatchers and eight auxiliary officers called in as necessary, particularly on busy weekends during tourist season. There has been criticism in the past of such a large police force in a town of only about 2,000. But Young said the city’s population can run from 5,000 to more than 10,000 on busy weekends like the Bikes, Blues & Barbeque weekend scheduled at the end of September.
Charges against someone are determined by their attitude? How embarrassing for your city that your Chief of Police believes this is acceptable.