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Arkansas Supreme Court has ordered that votes for and against a proposal to expand access to medical marijuana should not count.
In a 4-3 decision on Monday, the Arkansas Supreme Court ruled in favor of Protect Arkansas Kids, a group that intervened in the legal dispute regarding Issue 3. At the same time, the Court dismissed Secretary of State John Thurston’s complaint that claimed the group did not collect enough signatures to qualify for the ballot.
As a result, although Issue 3 will appear on the ballot, the votes cast for it will not be counted.
The ruling is a setback for Arkansas medical marijuana petitioners aiming to expand access for qualified patients.
The state’s medical marijuana program, initially approved by voters in 2016, would have seen changes under this proposal, including relaxed licensing rules, broader qualifying conditions, an expanded list of healthcare providers authorized to prescribe, and permission for patients to grow their own marijuana.
While supporters of the ballot measure say it will ease access to medical marijuana, opponents argue that the amendment allows home cultivation and processing of marijuana, which may attract foreign drug cartels to Arkansas. They also contend that it poses risks to children by lifting restrictions on marijuana advertising, removing child-proof packaging requirements, allowing high levels of THC in candy products that may appeal to children, and offering taxpayer-funded marijuana cards to out-of-state residents, which may encourage illegal immigrants and the homeless to relocate to Arkansas, similar to what has happened in California.
The Supreme Court ruled that the popular name of the amendment, ‘The Arkansas Medical Marijuana Amendment of 2024’, and its ballot title were misleading and refused to grant the petitioners’ request to count votes.
Two challenges were raised: Secretary of State Thurston claimed the petition didn’t meet the 90,704 signature requirement due to noncompliance with canvasser certification laws. The Court rejected this argument, finding the petitioners followed the legal definition of “sponsor” in certifying canvassers. However, a separate challenge from Protect Arkansas Kids argued that the ballot title was misleading because it didn’t clearly explain that the amendment would also legalize recreational marijuana under certain conditions and alter constitutional provisions unrelated to medical marijuana.
Therefore, the Court ruled in favor of Protect Arkansas Kids, stating that the popular name of the amendment was misleading. The Court found that citizens might mistakenly think the amendment only addresses medical marijuana when, in fact, it includes other issues.
Additionally, the Court determined that the ballot title did not provide important information about how the amendment limits the General Assembly’s ability to change any state law related to marijuana.
Because of these findings, the Court ordered the Secretary of State not to count any votes for or against the amendment in the general election.
Following the Court’s ruling, Arkansans for Patient Access, the group advocating for the amendment, stated that while this is a setback for the advancement of the current program, it won’t be the final effort to reduce the challenges faced by medical patients in Arkansas.
“We will continue our fight to eliminate hurdles to access and lower costs. Patients across Arkansas have made it clear they want to build on the existing foundation; unfortunately, the anti-marijuana politicians have ignored their call. The people rule, our state motto, does not ring true today,” the statement reads.
Meanwhile, a spokesperson for Protect Arkansas Kids reportedly praised the Court’s opinion, stating that the ballot initiative was based on misinformation and half-truths, highlighting how the marijuana industry has aggressively promoted commercial marijuana and THC products for supposed medicinal purposes.
“The reality is this ballot initiative wasn’t about those suffering from debilitating pain, PTSD, cancer, or other serious medical conditions. It was about legalizing addictive, highly potent drugs under the guise of medicine,” the statement reads.
About half of U.S. states allow recreational marijuana, while 38 have legalized it for medical use.
However, following the November election, these numbers may increase as voters in Florida, North Dakota, and South Dakota will have ballots to legalize recreational marijuana, while two marijuana proposals will appear on Nebraska’s ballot.
“}]] Arkansas Supreme Court has ordered that votes for and against a proposal to expand access to medical marijuana should not count. Read More