Arkansas Activists Resubmit Ballot Initiative To Expand Medical Marijuana And Trigger Recreational Legalization After Federal Reform

Key Points
  • A marijuana industry and patient group in Arkansas has resubmitted language for a ballot measure to expand access to medical cannabis.
  • The first version of the measure was rejected by Attorney General Tim Griffin due to formatting issues and ambiguities about its impact on existing laws and rules.
  • The new version includes mostly technical changes and would also prevent the state Legislature from making changes to constitutional amendments.
  • The proposal would allow patients to grow their own cannabis and make changes to a previously ratified amendment legalizing medical marijuana.

“The resubmission is focused on responses to issues raised in the Attorney General’s rejection opinion.”

By Hunter Field, Arkansas Advocate

A marijuana industry and patient group has resubmitted language to the attorney general for a ballot measure to expand access to medical cannabis in Arkansas.

Attorney General Tim Griffin (R) rejected the first version of the Arkansas Medical Cannabis Amendment of 2024 due to improper formatting and ambiguities about how the measure would affect existing state laws and rules.

Arkansans for Patient Access on Monday submitted new versions of the proposed constitutional amendment, ballot title and popular name with mostly technical changes, but the new version would also preclude the state Legislature from making changes to constitutional amendments.

“The resubmission is focused on responses to issues raised in the Attorney General’s rejection opinion,” said Bill Paschall, executive director of the Arkansas Cannabis Industry Association. “Legal counsel believes Arkansans for Patient Access’ latest submission should satisfy those issues.

“Additionally, the latest submission builds off Judge Chip Welch’s ruling that the General Assembly’s revisions to Amendment 98 were unlawful. The language in this proposed amendment broadens that to future initiated amendments whether those are specific to medical marijuana or not. The added language protects the will of the people and maintains the integrity and intent of the proposed amendment. It also reinforces current law, which has been in place since Arkansas adopted the initiative process over a century ago.

“Arkansans for Patient Access takes our state motto to heart… Regnat Populus.”

Regnat populus is Latin for: “The people rule.”

The medical marijuana industry-backed initiative would make it legal for patients to grow their own cannabis at home and make a series of changes to Amendment 98, which Arkansans ratified in 2016 to legalize marijuana for medical use.

The major changes being proposed are:

The proposal would also create a recreational cannabis trigger law, permitting adults to possess up to an ounce of cannabis if the federal government removes marijuana from the Schedule of Controlled Substances or if marijuana possession is no longer a federal crime.

It would also amend Article 5 of the Arkansas Constitution to prohibit the General Assembly from making changes to constitutional amendments without a vote of the people. The provision would have a similar effect to parts of a ballot initiative proposed on Monday.

Ballot groups have until July 5 to gather 90,704 signatures from registered voters to qualify for ballot access, but canvassing can’t begin until the ballot title and popular name are approved by Griffin.

This story was first published by Arkansas Advocate.

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Photo courtesy of Chris Wallis // Side Pocket Images.

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