A recent discussion on a Carroll ordinance will likely bring about a change. Carroll Police Chief, Brad Burke, says the passing of Iowa’s Hemp Act in 2019, has resulted in some challenges here, and across the entire region.
At the Carroll lab, results were either positive or negative for THC, the psychoactive component of cannabis. The state lab believed they had some fixes to this problem, but new issues have arisen.
The city drug paraphernalia code, a simple misdemeanor offense, was repealed in 2013. Burke explains why this was done and how it could be brought back to cover the testing gaps.
He says they are currently holding two dozen cases without charges filed as of yet. Marijuana is being seized and held in evidence, with two cases having quantities large enough to be classified as distribution, but they likely can’t be prosecuted because of the testing flaws. Burke broached the subject with council members to get feedback on reinstatement of the city code. After questions from Mike Kots, Burke explains how prosecution would change.
Burke says they have seen an increase in impaired driving charges mainly because they are catching many people “intoxicated” on marijuana who are behind the wheel. The code will help with enforcement in high call volume areas and some landlords can use charges as grounds for eviction. Marijuana is illegal in the state of Iowa and federally as well, but not being able to charge makes that law inadequate, Burke says. The plan would be to return to testing samples in the Carroll lab. If positive, they can charge for drug paraphernalia. Since the prosecutorial burden would fall back to the city, the council will be tasked at a later date with action on the proposed reinstatement of the ordinance.
