It’s been over two-and-a-half years since Arkansas voters approved the state’s Medical Marijuana Amendment. Since marijuana and medical marijuana cards have been legally available, questions remain over when and how law enforcement throughout the state handle situations when they encounter individuals with the drug in their possession.
According to NEA Report, Jonesboro Police Chief Rick Elliott and Craighead County Sheriff Marty Boyd have both issued a declaration. If Jonesboro officers or Craighead County deputies encounter people with marijuana not in dispensary containers, they will make an arrest.
A check with the Baxter County Sheriff’s Office and the Mountain Home Police Department showed no medical marijuana policies in place. However, both agencies are working to develop policies.
The law requires medical marijuana to be sold in child-proof packaging, but it does not specify if purchasers must store it in the same packaging. Chief Elliott and Sheriff Boyd issued a joint statement saying they will stay with their current position until the legislature or the courts provide further clarification.
In May, a medical marijuana card holder from West Memphis was arrested after city police officers allegedly found marijuana in a baggie instead of a dispensary container. Tommie Burnette Sr. told a Memphis television station he contends the law essentially decriminalized possession of small amounts regardless of what container is used, and he plans on fighting the charge if the city attorney moves forward.
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