By GARRICK FELDMAN
and SARAH CAMPBELL
Leader staff writers
Pulaski County Prosecuting Attorney Larry Jegley doesn’t know if the easing of marijuana laws will reduce overcrowding in state prisons.
A new prison-reform law that goes into effect this month increases the amount of marijuana an offender has to possess to be charged with a felony. Before, an ounce or more was enough. Now an offender has to have four ounces or more to be arrested on a felony-possession charge.
The prosecutor said he hasn’t prosecuted minor offenders when he has much more serious crime to deal with.
“I hope it works,” Jegley said, but he had doubts about the new law saving money in the state prisons.
Jegley warned that the new law may have unintended consequences.
“People smarter than me in this office have pointed out that possession of drug paraphernalia used to be a misdemeanor, which will now be a felony,” Jegley said.
That could mean more prison sentences for pot smokers, who will take up more beds that should go to violent offenders.
“If rising prison-population projections are accurate, I don’t see how the state will cope with it,” Jegley said.
The new law “won’t affect what I do in Pulaski County—maybe in other counties,” he continued. “We’re not too interested in devoting our resources to marijuana.”
Jegley thinks the state will have to cut spending on education, Medicare, Medicaid and other human services to pay more for prisons.
“Future legislators will have a heck of a time dealing with it,” Jegley said. “It will be interesting to see how it plays out in the years ahead.”
The prison-reform law has also upped the monetary amount that separates misdemeanor from felony in theft of property or services.
Theft of property is now a misdemeanor if the property is valued at $1,000 or less, instead of $500 or less. Theft of services is a misdemeanor if the value of the service is less than $5,000, instead of $500 or less. Theft by receiving is a misdemeanor if the property is valued at under $1,000, instead of $500 or less.
Jacksonville Patrol Captain Kenny Boyd said the value of things has increased due to inflation and the law corresponds to that. He said he didn’t see that the changes would have a big impact.
“Laws change on a regular basis. We adapt and move forward,” he said.
Sherwood Police Depart-ment’s public-information officer, Josh Adams, agreed. He said over time, the value of stolen items is worth changing. He added that many theft charges are grouped with felony charges, such as residential burglary.
“If they want it, they’re going to take it regardless of what it’s worth,” Adams continued.
Cabot District Court Judge Joe O’Bryan said the change will have some impact, but it was about time for the values to be upped because the value of money and things change over time.
He added that most cases his court sees have to do with traffic violations and driving-while-intoxicated charges. O’Bryan said his court is prepared for an increase in its caseload.
Searcy District Court Judge Mark Pate said he couldn’t say if the changes would increase his caseload and did not want to express an opinion on the new law.
He added that the increase in cases would depend on how prosecutors respond to the changes.
(This is the second part of a two-part article.)
