The Arkansas Supreme Court made a ruling on Monday that will prevent voters from deciding on a ballot measure to expand medical marijuana in the state. The court argued that the initiative did not adequately explain its implications and therefore should not be allowed on the ballot. The proposed constitutional amendment aimed to broaden the definition of medical professionals who can certify patients for medical cannabis, add qualifying conditions, and extend the validity of medical cannabis cards to three years. The court determined that the initiative failed to inform voters that it would remove the state Legislature’s authority to amend the 2016 constitutional amendment that legalized medical marijuana in Arkansas.
The court’s decision came just two weeks before the upcoming election, a time when early voting had already begun. While it was too late to remove the measure from the ballot, the court instructed election officials not to count any votes on the initiative. The majority opinion written by Justice Shawn Womack stated that the proposed ballot title was misleading, ultimately leading to the initiative’s demise. On the other hand, Justice Cody Hiland, in a dissent, argued that the court’s ruling was a departure from established standards for evaluating ballot measures and disregarded longstanding precedent.
Despite the setback, the group behind the initiative, Arkansans for Patient Access, expressed disappointment in the court’s decision and vowed to continue their efforts to expand the state’s medical marijuana program. They believed that their efforts demonstrated widespread support for the initiative. The group had faced challenges in gathering the required signatures for the ballot due to issues surrounding paperwork rules for paid signature gatherers. Protect Arkansas Kids, a group opposed to the measure, was involved in the legal process surrounding the initiative’s language and signature requirements.
Various groups, such as the Family Council Action Committee, had campaigned against the measure even before it was clear if it would make it to the ballot. Following the court’s ruling, the committee’s director, Jerry Cox, expressed relief that what he deemed a “bad” measure would not be included in the upcoming election. The legal battle over the ballot measure’s inclusion highlights the complexities and controversies surrounding marijuana legalization in the United States. With about half of states allowing recreational marijuana and more states legalizing medical marijuana, the issue continues to be a topic of debate and contention among lawmakers, advocates, and voters nationwide.
