LITTLE ROCK — The Arkansas Municipal League is urging cities to repeal local ordinances banning a marijuanalike substance now that the Arkansas Health Department has passed an emergency rule prohibiting the chemical compound’s sale statewide.
Mark Hayes, the league’s general counsel, said Wednesday that he had sent an e-mail to cities advising them that “I thought it wasappropriate to repeal [such ordinances] in light of the state [sales ban].”
On July 2, the Arkansas Board of Health passed its emergency rule, which lasts 120 days, and also began working on permanent restrictions of the chemical compound commonly called K2, which has a marijuanalike effect on the brain.
K2 is sold as an incense, sometimes under brand names such as Spice, Genie and Blaze.
The state’s emergency rule does not bar individual possession except for distribution. Further, Health Department spokesman Ed Barham has said the rule does not supersede city and county ordinances.
Responding to two e-mails from the Municipal League, the Conway City Council voted Tuesday night to repeal the city’s K2 ban, adopted June 22. Alderman Mark Vaught voted against repeal, and Alderman Andy Hawkins voted present, Mayor Tab Townsell said Wednesday.
Faulkner County also has a K2 ban in place. County Judge Preston Scroggin said he would seek advice from an association attorney.
A number of other cities and counties in Arkansas have adopted bans.
Rogers repealed its ban Tuesday, and Springdale will consider doing so, Springdale City Attorney Jeff Harper said.
Officials in Fort Smith, Paris and Greenwood plan to ask their governing bodies to consider repealing their K2 bans next year, anticipating that the Legislature will address the issue, officials in those cities said.
Paris Mayor Bill Elsken said it wasn’t urgent that the City Council act immediately on repealing the ban because the city’s attorney told him he could always prosecute cases based on state law.
“It’s not on the front burner,” Elsken said.
Greenwood Mayor Kenneth Edwards said he was asked to repeal Greenwood’s ordinance so it did not conflict with the statewide ban.
“It’s not in the community’s best interest to have its ordinance contrary to state law,” Edwards said.
Fort Smith City Administrator Dennis Kelly said the Municipal League hadn’t contacted Fort Smith. At the time of their vote to ban K2, city directors discussed a possible conflict if the state passed its own law, he said.
Crawford County also passed a ban on K2. County Judge John Hall said Wednesday that the Municipal League had not contacted him about repealing the ban.
Hayes of the Municipal League said: “My concern was that we now have a consistent state law that does not deal with possession [of fake marijuana], but it takes care of the larger problem,” meaning sales.
“I think once you get it off the shelf, it’s not like it can be grown in somebody’s backyard,” he added.
Hayes said he is “relatively certain” that the Arkansas General Assembly, after it convenes in January, “will put some permanent teeth in the [Health Department] rule and address any loopholes.”
Cities can pay dues to the Municipal League to participate in its legal defense fund, which then pays for their defense in lawsuits.
Asked whether the league was concerned about having to defend cities from lawsuitschallenging the various ordinances around the state, Hayes said, “That’s certainly a possibility. ... Certainly no city would have to worry about any sort of issue regarding litigation over their law” if it repeals its ordinance.
Chris Villines, executive director of the Association of Arkansas Counties, said the issue is something his organization will review.
Arkansas, Pages 9 on 07/29/2010