Medical marijuana is sparking a lot of questions in Arkansas.
Dozens of questions have been asked about how everyone from police to prosecutors will enforce the medical marijuana laws. Here are some of those questions.
“Can you carry medical marijuana on your person?”
We started out by calling four different law enforcement agencies. They all told us they haven’t been given any direction on that, and sent us to State Police. Arkansas State Police sent us their current policy and said they’re waiting for direction from the Alcoholic Beverage Control Board.
The ABC’s new director said those questions are relevant to the Office of the Prosecutor Coordinator, so we contacted Bob McMahan in that office, who directed us to the written law. Here’s what it says:
The Prosecutor Coordinator, Bob McMahan told us they haven’t spent a great deal of time talking about these laws. His office is the one prosecutors will call with clarification or assistance, but the actual law doesn’t mention anything about charges or punishment. Right now, one prosecutor could determine your front porch is considered public and another could say it is part of your property; it is entirely up to them.
According to the law, a felon convicted of a crime involving violence, or a controlled substance, will not be able to get a card.
“Where can you not smoke marijuana?”
That answer was also in the law. You can’t smoke marijuana where smoking tobacco is prohibited; in the presence of someone under the age of 14; inside a car, boat, or plane; anywhere someone else may catch a contact-high; and knowingly in front of a pregnant person.
McMahan said they can’t answer a lot of the detailed questions we submitted, like “Can police arrest you if they feel you are high in public?” and “Can I be under the influence around my kids”, because a lot of these questions will probably play out in court.
He sent us this statement:
“There are many areas of the new medical marijuana laws that will be open to interpretation. Many of the common questions as to who is eligible to smoke medical marijuana, and when and where such persons can smoke medical marijuana are addressed in Act 740 of 2017. However, as with many new laws, we expect there will be a significant learning curve for law enforcement as they conduct investigations, prosecutors as they are faced with making charging decisions, and the courts as they interpret and make rulings on these new provisions implementing medical marijuana in Arkansas.”
Eventually, McMahan said, these questions will probably require new legislation, with thorough explanation from the state legislature, about how they’d like the justice system to prosecute.
(1921)
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