Governor Blocks Medical Cannabis Expansion Initiative

On October 21, 2024, Arkansas advocates faced a major setback in their efforts to expand the state’s medical cannabis program and prepare for future legalization of simple possession.

In an unexpected turn, two Arkansas Supreme Court justices recused themselves from a case regarding the medical cannabis expansion initiative. Governor Huckabee-Sanders appointed two temporary justices, both of whom had reactionary reputations, with one having publicly opposed cannabis legalization.

In a 4-3 ruling, the state Supreme Court blocked votes from being counted, preventing the initiative from becoming law even if approved by voters. The decision cited issues with signatures and the initiative’s title, despite the Court having previously approved the measure. Dissenting judges objected, arguing that decades of precedent were being ignored.

Beyond the governor’s actions, the Arkansas legislature has shown little interest in cannabis policy reform.

Ballot Campaign to Expand Arkansas’ Medical Cannabis Program

On February 20, 2024, Arkansas Attorney General Tim Griffin (R) approved revised ballot language for a medical cannabis expansion initiative. Arkansans for Patient Access now has until July 5, 2024, to collect 90,709 valid voter signatures to place the Arkansas Medical Cannabis Amendment of 2024 on the November 2024 ballot. The amendment requires a simple majority to pass.

If approved, the amendment would:

• Allow home cultivation – Patients and caregivers over 21 could grow seven mature and seven immature plants.
• Expand the types of healthcare providers who can recommend cannabis to include pharmacists, nurse practitioners, and physician assistants.
• Remove the restrictive list of qualifying conditions, allowing medical cannabis recommendations for any medical need.
• Permit telemedicine appointments for cannabis recommendations.
• Expand reciprocity for out-of-state patients, including issuing cards for non-residents.
• Allow manufacturing and sale of cannabis paraphernalia.
• Extend recommendation validity to three years (currently only one year).

The amendment also includes a trigger law: if the federal government removes cannabis from the Controlled Substances Act (CSA) or decriminalizes possession, adults 21+ would be able to legally possess up to an ounce of cannabis, and medical dispensaries could sell to adult consumers.

Legal Wins for Medical Cannabis Patients

In 2023, Arkansas lawmakers and courts delivered some protections for medical cannabis patients:

• The state legislature and Governor Huckabee-Sanders signed a bill protecting medical cannabis patients’ right to concealed carry firearms. Cannabis users’ firearm rights remain controversial at the federal level.
• An Arkansas judge overturned legislative amendments that had imposed restrictions on the state’s 2016 voter-approved medical cannabis program, ruling that lawmakers had overstepped their authority.

Adult-Use Cannabis Ballot Measure Falls Short

In November 2022, Arkansas voters saw Issue 4, a constitutional measure to legalize adult-use cannabis, on the ballot for the first time. Despite significant financial backing from the cannabis industry, the measure failed 56.3% to 43.7%.

Opponents relied on fear-based messaging, and although the proposal would have allocated cannabis tax revenue to police departments, many law enforcement groups opposed it. High-profile politicians also campaigned against the measure.

However, polling suggests that most Arkansas residents support legalization in principle, offering hope for future attempts.

Encouragingly, voters also rejected Issue 2, a proposal that would have made future ballot initiatives harder to pass by requiring a 60% supermajority instead of a 50% simple majority.

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