Arkansas Supreme Court Ruling Casts Uncertainty Over Medical Marijuana Program
A recent Arkansas Supreme Court ruling has sparked concerns about the future of the state’s medical marijuana program, which has grown into a billion-dollar industry since its inception in 2016. The program allows over 115,000 patients to use marijuana to treat various conditions, including Crohn’s disease and post-traumatic stress disorder.
The ruling, which was made in December, declared that lawmakers can amend citizen-led constitutional amendments with a two-thirds vote. This decision has raised fears among medical marijuana patients and advocates that lawmakers may attempt to roll back access to the program.
Emily Williams, a 69-year-old Fayetteville retiree who uses medical marijuana to manage ongoing complications from her cancer diagnosis, is among those concerned about the potential changes. “If I am not able to use this, my life would be completely, negatively impacted,” she said.
Christopher Duffy, a 35-year-old Fayetteville resident who uses medical marijuana to manage his anxiety and sobriety, is also worried about the potential impact on the program. “I’m lucky to have such a support system, but there are those that don’t have that, and I fear for them,” he said.
The Arkansas Medical Marijuana Amendment was approved by voters in 2016, and the program has since grown to include over 600 dispensaries and a wide range of medical marijuana products. However, the court’s ruling has raised concerns that lawmakers may attempt to alter the program without input from patients and advocates.
David Couch, a Little Rock lawyer who helped write the medical marijuana amendment, said the court’s decision “absolutely” adds more pressure for a new ballot measure to be successful. The measure, proposed by Save AR Democracy, would prohibit lawmakers from changing the Arkansas Constitution themselves and require voters to approve any new law affecting the initiative and referendum process.
While some lawmakers, such as Republican Rep. Aaron Pilkington, have expressed reluctance to alter the program, others have suggested that they may use their newfound authority to make changes. Senate President Pro Tempore Bart Hester said lawmakers will only use their authority when “absolutely necessary” and will likely wait until the 2027 legislative session to review citizen-led amendments.
However, patients and advocates are skeptical about lawmakers’ intentions and are urging them to respect the will of the voters.
