Arkansas Supreme Court Rejects Medical Marijuana Ballot Measure
In a 4-3 decision, the Arkansas Supreme Court has ruled that a ballot measure to expand the state’s medical marijuana program will not be counted. The court determined that the measure’s language was misleading and did not fully inform voters of its implications.
The proposed constitutional amendment would have expanded the definition of medical professionals who can certify patients for medical cannabis, added qualifying conditions, and made medical cannabis cards valid for three years. However, the court found that the measure did not adequately explain that it would remove the authority of the state Legislature to change the 2016 constitutional amendment that legalized medical marijuana in the state.
The court also ruled that the measure did not inform voters that it would legalize up to an ounce of marijuana possession for any purpose if marijuana were legalized at the federal level.
Justice Cody Hiland dissented, arguing that the court was ignoring decades-long precedent by ruling the measure’s language was misleading. Hiland stated that the court has not deviated from its standards for evaluating the sufficiency of popular names and ballot titles until today.
The decision is a blow to Arkansans for Patient Access, the group behind the measure, which argued that the signatures it gathered demonstrated widespread support for the measure. The group plans to continue its push to expand the medical marijuana program, despite the court’s ruling.
The decision is also a victory for Protect Arkansas Kids, a group that opposed the measure and intervened in the case. The group argued that the measure’s language was misleading and that it would have negative consequences for the state.
The ruling comes as a number of states are considering or have already legalized medical or recreational marijuana. In November, voters in Florida, North Dakota, and South Dakota will decide whether to legalize recreational marijuana for adults, while two measures on medical marijuana will be on ballots in Nebraska.
The decision highlights the ongoing debate over marijuana legalization and the complexities of implementing such measures at the state and federal levels.
