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Medical-marijuana measure upheld for ballot
This article was originally published September 27, 2012 at 9:00 a.m. Updated September 27, 2012 at 9:05 a.m.
PHOTO BY RICK MCFARLAND
Emily Williams and Brian Hill help deliver boxes of signatures to the secretary of state’s office Monday, Aug. 13. Arkansans for Compassionate Care collected 74,406 signatures to try to ensure the 2012 Arkansas Medical Marijuana Act is on the November ballot.
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LITTLE ROCK — The Arkansas Supreme Court has ruled that a proposed initiated act to legalize the medical use of marijuana can appear on the November ballot.
In an opinion released Thursday morning, the court denied a petition filed by the Coalition to Preserve Arkansas Values. The group had argued that the ballot's name wasn't complete, didn't fully reflect the scope and impact of the proposal and would still violate federal law.
Associate Justice Karen R. Baker wrote in the 15-page opinion that the ballot name and title were acceptable, noting the latter "is not duly long, nor is it complex or misleading" and that it "clearly provides the purpose and scope of the Act."
"... [W]e hold that the popular name and ballot title are an intelligible, honest and impartial means of presenting the Act to the people for their consideration," she wrote. "We hold that it is an adequate and fair representation without misleading tendencies or partisan coloring."
Baker writes in the opinion that the coalition opposing the ballot measure did not "meet its burden to demonstrate that the Act clearly conflicts with any constitutional provision" in arguing that it would violate the law if passed.
"[The coalition] has asked this court to hold the Act unconstitutional based on hypothetical scenarios that may occur in the future, if the Act becomes a law," she wrote. "We decline to do so."
The secretary of state announced in August that the group supporting the medical marijuana measure — Arkansans for Compassionate Care — had turned in enough signatures to appear on the November ballot.
If passed, a doctor could approve a patient with a qualifying condition for the possession and use of marijuana as a treatment.
Read tomorrow's Arkansas Democrat-Gazette for full details.
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Comments on: Medical-marijuana measure upheld for ballot
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NOTAGAIN says... September 27, 2012 at 9:40 a.m.
And so it should. Thank you justices for following the law. I'm going to stop there and be nice by not to saying anything bad about the Coalition to Preserve Arkansas Values but I want to. If it passes and I hope it does, many people will be helped
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HawgFan says... September 27, 2012 at 9:45 a.m.
Dude.. Right on...
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TheBatt says... September 27, 2012 at 9:48 a.m.
Lest we forget- the Arkansas Supreme Court is ELECTED...,
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TheBatt says... September 27, 2012 at 9:57 a.m.
Many people will be helped... How funny is that. Lets see, the law, paricularly as crafted, would make for an enforcement nightmare (which is one of the stated purposes of the group who put this ballot measure together.
Further, every compound in marijuana that has therepudic value is available already as prescription medications.
The fact is, this proposed law has nothing to do with helping people who are sick, it is about breaking down the barriers to complete legalization.
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HawgFan says... September 27, 2012 at 10:05 a.m.
Batt.... Dude... You're being a downer, man...
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marilyngv says... September 27, 2012 at 10:09 a.m.
I love it- lets allow Arkansas to be the first progressive state in the south. Take a lead from our native son- you dont have to inhale if you dont want. :) Its good for the state and it shows we think about measures that can help out our society.
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morebeer says... September 27, 2012 at 10:14 a.m.
"therapudic"? We ought to legalize it entirely. What right does the government have to root around in my garden like an armadillo? We should be allowed to garden in peace. Where's the Tea-Pot Party when we need it?
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mhck52 says... September 27, 2012 at 10:33 a.m.
At least Arkansas deals with these legal issues before the election, unlike California for example.
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trw197703281630 says... September 27, 2012 at 10:43 a.m.
In reply the The Batt's LIES: You said every theraputic compound in marijuana is available through prescription? THAT IS A COMPLETE AND TOTAL LIE. Prove it. List them. I dare you. You won't and can't. Marinol is the only prescription medication that attempts to mimic the compounds in marijuana. Its not even a good copy and doesn't work.
I watched my uncle die from liver cancer a few years back. The only thing that prevented him from starving to death was smoking marijuana. All the prescription anti naseau medication made him vomit. I'll tell you what makes me want to vomit. Its people who spread lies about marijuana all in the name of so called "values". People like you The Batt
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ToTheLeft says... September 27, 2012 at 10:49 a.m.
If the Coalition to Preserve Arkansas Values (what a bogus name!) members do not wish to smoke, they do not have to. Suffer in silence. Case closed.
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NOTAGAIN says... September 27, 2012 at 10:52 a.m.
"The Batt", with all due respect, do your research. Reproduction of THC and CBD, to my knowledge has not been "properly" reproduced with the same results as marijuana. And if they have, I assure you, the drug companies, FDA and government are fighting over the $$$. CBD, in the form of a nasel spray and has been effective, but not as much as marijuana. As for law enforcement, they will deal with it, it's not like Arkansas is the first to do this. I'd like to think our law enforcement is smart enough to handle it. Think forward.
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NOTAGAIN says... September 27, 2012 at 10:58 a.m.
RaulDuke, you are correct. I'm sorry about your uncle. I too lost family and wish they would have tryed it, as opposed to the suffering and pain they endured before death. I know they would have had it been offered and legal.
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drs01 says... September 27, 2012 at 11 a.m.
"if passed, a doctor could approve a patient". That is the scary part of this "smoke a joint for your health" BS law. These same doctors are polluting our highways and more importantly our parking lots by the wholesale "handicap licenses and tags". I smell (no pun intended) massive abuse, and lack of proper oversight, much like what we have with handicap tags and other "government social-healthcare programs". I'll vote no, and send the dudes to the left coast for their supplies.
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inquire says... September 27, 2012 at 11:05 a.m.
I think the court made the legal decision, but I dread what will happen to the quality of life here if it passes. The TV footage of legal pot shops in CA don't inspire confidence. It doesn't look like professionals serving clients, it just looks like a meeting of potheads, complete with sellers out on the sidewalk hawking the product.
There may be a few people who it would genuinely help, but my feeling is that most people are just looking for an excuse to promote the culture.
My father, a police lieutannant, died from cancer and stoically withstood the whole process of treatment and eventually death, never ONCE thinking an illegal drug used by those who live outside the law was an answer to his problems.
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trw197703281630 says... September 27, 2012 at 11:19 a.m.
To (mrs.) Steve Strachan,
So what if your father would have used an "illigal" drug in order to spend more time with his loved ones? So what if an "illegal" drug would have him to have less suffering and die with more dignity? Can you tell me what the problem is? Are we as human being required to suffer when we die?
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morebeer says... September 27, 2012 at 11:20 a.m.
drs01, why do we need gov't oversight of a plant I can grow in my garden, and smoke on my front porch? You some sort of big guvmint liberal like Batt?
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LevitiCuss says... September 27, 2012 at 11:36 a.m.
Welcome to the 21st century.
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inquire says... September 27, 2012 at 11:41 a.m.
RaulDuke, my father had dignity in all phases of his life, including death. He was not allowed to have pain, as you suggest. You don't make much of a case for your side by threateningly putting people's last names on the board. I have never done that to anyone, even if I could have. I rarely agree with Batt, but I would never do that to him. It won't do you much good, I've had an unlisted number for forty years.
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BpLrAr says... September 27, 2012 at 12:07 p.m.
Legal or not, people are going to do what they decide to do. Keeping this naturally occurring substance illegal cause more problems than it solves. State revenues spent on law enforcement, prosecution, and jail space is astronomical. If legalized, or at least decrimnalized, those expenses go away, a bunch of terminally ill people are helped, AND the state gets to collect more sales tax. It’s a win, win, win situation.
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Jfish says... September 27, 2012 at 12:10 p.m.
I agree with inquire. Putting it to a vote is fine with me, but the way it is currently proposed, it is ripe for abuse. I think I saw a story a few weeks ago where California was considering a repeal. I believe it will easily defeated here.
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Gorgeous says... September 27, 2012 at 12:11 p.m.
My brother suffered with Lupus until he died a very painful death. He suffered because he didn't want to embarrass my father, even though he would have loved to have smoked pot to ease that pain. Morphine didn't do this. You can bet that if I were to be suffering like that I'd go out to get some. Nobody is going to dictate to me what's right or wrong when I'm dying or very ill
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SRBROTHERINLAW says... September 27, 2012 at 12:12 p.m.
If it eases the pain of a terminal person who are we to say no.
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SRBROTHERINLAW says... September 27, 2012 at 12:17 p.m.
Where was all this indignation when Obama-nation was illegally elected?
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racinghoman01040838 says... September 27, 2012 at 1:56 p.m.
Another Pandoras Box For us to open and see whats Inside ....... More Corruption . More social ills ...... As If just alcohol its self is not enough ........ This doesnt have a Damned thing to do with sick folks .... Its about Full Legalization ..... On a bright note though .......... We Could raise Tons of Tax revenue off the stuff ... cut every one elses taxes and Let The Dope Smokers pay for everything ....... Pretty Smart Huh ??
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trw197703281630 says... September 27, 2012 at 1:57 p.m.
Inquire,
You dodged my question completely. I don't know if your father could have benefited from marijuana or not. I do think you could however. You might relax a little bit and actually stop trying to force your belief system on others. It is a FACT that marijuana increases the quality of life for sick people. You bible thumpers try to deny people that because for some reason you think its wrong. It has nothing to do with you. So why don't you just mind your own business or better yet don't prevent sick people from getting their medicine.
Also, I didn't put Michael Battenfield's last name online, he did. Not me. I simply pointed out that he was a typical hypocritical Baptist minister who spreads lies about marijuana to everyone.
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trw197703281630 says... September 27, 2012 at 2 p.m.
Racinghoman,
Lets pretend for a moment that you're right. (which you're not, thousands of sick people could benefit from medical marijuana). But lets just pretend it was legal tomorrow. How would that adversely affect your life? You've already stated the tax issue and I agree with you on that one.
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drs01 says... September 27, 2012 at 2:07 p.m.
Morebeers thinks I'm a liberal. Not true. I'm just concerned that a bunch of doctors, who give out handicap permits to just anyone who asks will do the same with marijuana. I'd prefer that this issue remain as it is now. Grow it, smoke it, give it to your friends, and even to those who might have a true medical need. But keep government out. Most of those favoring legalized medical marijuana appear to be users themselves. I wonder if they also have a "Handicap tag" on their car.
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WaCoHillbilly says... September 27, 2012 at 2:30 p.m.
I'm not a user, I signed the ballot, and I'm going to vote in favor of this in November. First of all, all drug laws are completely unconstitutional based on an implied right to privacy granted in the Bill of Rights. Second, marijuana has SCIENTIFICALLY PROVEN medical benefits. It's far safer than alcohol and drugs prescribed as muscle relaxants, pain-relievers, and anti-depressants. It's also been proven to be good for anxiety and stress. Beside that, who cares if some people go to a doctor in order to get a medical-marijuana card so they can legally use marijuana recreatioanlly? I would much rather deal with more potheads than one more d@mned drunk or pill addict any day of the week.
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inquire says... September 27, 2012 at 2:55 p.m.
RaulDuke, though Christian, I hardly qualify as a BIble thumper, although I think that pejorative is in poor taste, as is failing to capitalize Bible. If you were a participant in political discussions elsewhere on here, you would know I am liberal on many issues. That doesn't mean I can't be conservative on a few things if I feel that is right.
I am perfectly able to relax and enjoy life without being a druggie. I was raised better. The fact that users want it so badly they will risk their jobs, property, and reputation for it proves it has some kind of hold on them, or has given them a skewed sense of priorities.
It IS the business of the citizens. That is why it has to be brought before a vote of the people.
I have known many Baptist ministers. Some are hypocrites and some are not. For you to publicly cast aspersion on this man you don't know, and be rude to everyone who disagrees with you, does nothing but add to the mistrust of respectable citizens about the real goals of those in favor of this legislation.
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GoodMorningUncleSam says... September 27, 2012 at 3:04 p.m.
With almost 20 years of law enforcement service and counting, I have fought meth-heads, crack addicts, pill junkies and speed freaks but I cannot recall having ever fought someone that was just a pot head. Pot tends to have a mellowing effect.
Although I would not smoke it even if it were legal, I cannot see how marijuana is any different from or worse than alcohol. They both are intoxicants and both can lead to some medical problems if abused. So can breathing to much oxygen.
Marijuana has been used for a variety of purposes for hundreds of years and the use and possession of it was legal until 1937 when congress enacted the Marijuana Tax Act. The act did not ban marijuana itself as that would be unconstitutional. Instead in order to possess marijuana one would have to have a tax-stamp. In a classic catch 22 situation, it was a legal impossibility to obtain a marijuana tax stamp (unless you were a doctor or dentist). For the recreational user, in order to obtain the tax stamp you had to have the marijuana in hand – which was itself a felony. Not surprisingly, there was not a single recreational marijuana stamp tax ever issued.
In 1969, the United States Supreme Court declared the Marijuana Tax Stamp Act of 1937 unconstitutional, because it required that the person seeking a tax stamp incriminate himself, in direct violation of the Fifth Amendment to the U.S. Constitution.
Congress responded by passing the Controlled Substance Act of 1970 and cited the Interstate Commerce Clause as the basis for its authority and marijuana has been illegal ever since. If this circumvention of the constitution sounds familiar, it should because its exactly how obama-care was rammed down our throats. First they attempted to regulate it as Interstate Commerce but that was found to be unconstitutional so the Supreme Court declared it a tax and as such its legal and we must all abide by it. Bad things happen when you mess with the Constitution.
In 2005 the SCOTUS ruled that state laws allowing for medical marijuana cannot over-ride federal laws banning it so the Obama administration through the Department of Justice issued a letter stating it would not actively prosecute those who are authorized through state laws to grow, possess or use medical marijuana. Given the conflicting policies at all levels of government along with questionable constitutional activity, I can certainly understand why some would like to see marijuana completely legalized with the same regulations and taxes currently in place for alcohol.
RaulDuke, trust me, Inquire is a liberal and insulting peoples religious beliefs will not help your cause.
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trw197703281630 says... September 27, 2012 at 3:18 p.m.
inquire,
You're clearly grasping at straws here and have a tough time distinguishing your imagination from reality. You accused me of posting someone's phone number and suggested that I would have a tough time finding yours. Why would I want to call you? In fact you should apologize to me for the false accusation. Furthermore, I wasn't rude to anyone. I simply pointed out lies told by "TheBatt". If showing that someone is liar is "casting aspersions", then yes I did that. I'm sure you have known many Baptist ministers. I'm sure they tell you exactly what to think and I'm sure you agree. And don't worry about my capitalization error with "Bible". I'm sure I'll burn in hell for that one as well as my sin of supporting medical marijuana and you can gloat all you want then.
Your sense of "proof" is ironic since you only give anecdotal descriptions about things you obviously know nothing about. If people are risking their jobs, property and reputation by seeking medical marijuana then that should tell you it has some real benefit. And who are you to judge someone else's priorities? You've probably never smoked marijuana or seen how it benefits people. You have no idea of its effects and you probably never will. All you know is that you're supposed to fight the “evil” marijuana at all costs. You're right about one thing though, it should be brought up for a vote. That fact this it is and wasn’t pulled away from the citizens show progress. And if it passes you should be comforted to know that your life won't change in the least. Unless one day you need it and in that case you'll be glad it passed.
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trw197703281630 says... September 27, 2012 at 3:20 p.m.
GoodMorningUncleSam,
Well stated. And you're right, I should not have insulted anyone's beliefs. I apologize to anyone who's been offended.
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Packman says... September 27, 2012 at 4:21 p.m.
Hey RaulDuke - Your last response to GoodMorningUnlceSam shows you to be a person of high character and gives credibility to your words. I was on the fence on the issue but your sincerity has put me in favor of the proposal.
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inquire says... September 27, 2012 at 6:08 p.m.
Raul, I never said you posted anyone's phone number. You published two people's last names, done in anger because you disagreed with us. I figured it was in hopes pot heads would harass us. That's why I mentioned having an unlisted number.
YOU are grabbing at straws if you think preachers tell me what to do. I've been at cross purposes with their political machinations since the eighties.
You're right about one thing---I have never used pot or any other illegal substance. I was raised to be a law abiding citizen.
Please read more carefully. I did not say people were risking their jobs, property, and reputations for MEDICAL marijuana. I said marijuana, period. Meaning the people who are current users care more for dope than they care for their jobs and reputations. Most anyone except a pot head would think that was having skewed priorities.
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DerbiRider says... September 27, 2012 at 6:20 p.m.
Drinking coffee makes one as much of a "druggie" as using cannabis. Coffee can impart a state of well-being and mild euphoria. It can definitely make one nervous and jittery. They are both naturally occuring and, in fact, coffee has to be roasted with high heat to prepare it for consumption. Cannaibis, on the other hand, is merely allowed to dry in the natural air. Cannabis can provoke innovative and "out-of-the-box" thinking. Astrophysicist, Carl Sagan, was known to use it in widening his scope of thought in formulating theoy. The medical marijuana community has developed many strains with known beneficial effect for specific ailiments.
How can governments come between God and man in denying the latter that which The Provider has given?
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morebeer says... September 27, 2012 at 6:36 p.m.
Making pot illegal is having the same effect that making alcohol illegal had in the 1930s. It's created an illegal, untaxed trade, that is sometimes violent (on the border), and often provides an inferior product. Make it legal and it will help with the drug war, provide a much better, taxable product. Tell me folks, who would you rather have next to you on the freeway, someone who has had a couple drinks, or a couple of tokes? drso1, since you say people who grow pot in their garden are left alone, do you mind if I grow some cannabis in your garden?
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arkateacher54_aol.com says... September 27, 2012 at 7:28 p.m.
What a crock. Next let's get Old Crow approved as a medicine so my insurance will pay for it.
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SickOfTheLies says... September 27, 2012 at 7:40 p.m.
I must interject, I live in Los Angeles California and the news LIES about our medical cannabis dispensaries!!!! The FACT is that dispensaries REDUCE CRIME in the surrounding neighborhoods! There are the few shops not in compliance with prop 215 and S.B. 420, but those are the minority! I also feel it necessary to mention that the Supreme Court deemed it unconstitutional to put a city wide ban on dispensaries.
RaulDuke is the only one of you making any sense. Don't fall into the Arkansas stereotype, do your own research, but avoid fox news at all costs!!!! They were recently in a lawsuit that they "mysteriously won, accusing them of broadcasting blatant lies, but they are hiding behind the 1st amendment to justify lying to the American people! Look elsewhere for your news! CNN and msnbc aren't so honest anymore either.
The fact is that if you personally have not experienced or witnessed the miraculously effective benefits of APPROPRIATE cannabis use you have no business judging anyone that has! Like RaulDuke said, noone is forcing YOU to do it, they are simply seeking safe access for themselves... Think about that when you vote on the issue... How would you feel if they were trying to prohibit beer or chicken? Cannabis has NEVER killed a single person, thus making it safer that peanuts or pen caps.
I'm sorry if I come off angry, but I am. I am 30 years old and I have severe health problems ranging from nerve damage and chronic pain to PTSD, lack of appetite, and insomnia, and the only thing that helps without taking addictive and dangerous pills!
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SickOfTheLies says... September 27, 2012 at 7:45 p.m.
Sorry, typo. I was saying the only thing that has helped ANY of my symptoms has been medical cannabis! The morphine and other actual narcotics the Drs pushed on me are DANGEROUS where cannabis has been safe and effective.
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BarichMilhusseinObamaNixonPOTUS says... September 27, 2012 at 8:35 p.m.
Raul you are obviously a Michael Vick fan. So you support killing dogs in addition to legalizing ganja don't you? BTW inquire is 10 times a better human being than you ever thought about being, and I disagree with most anything she says.
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DontDrinkDatKoolAid says... September 27, 2012 at 9:01 p.m.
In my life time I have seen what cancer can do to a person. I'm voting yes for this.
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dildel says... September 28, 2012 at 7:03 a.m.
The way I see it is this is a plant not a drug and should be reclassified as such and its use be legal just as tobacco or alcohol. Hopefully, that will happen in the future aand as others have statedif yoyou are not for ,don<t use it . It is a great thing that the "plant" has true medical value.Our Fed. gov. has already patented it as such #6630507. Contacting Tim Griffin about this was a joke with the outdated bogus info. he spouted,probably the same stuff the big pharm. co. gave him to say.
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Jfish says... September 28, 2012 at 8:15 a.m.
If it has no negative effects, why do people always say that they were stoned or f'ed up? Remember the woman who drove her three chilren into Lake Brewer three or four years ago and she was the only one that miraculously survived.
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jway says... September 28, 2012 at 11:07 a.m.
American taxpayers are being forced to pay $40 Billion a year for a prohibition that causes 10,000 brutal murders & 800,000 needless arrests each year, but which doesn't even stop CHILDREN getting marijuana.
After seventy years of prohibition, it's obvious that the federal marijuana prohibition causes FAR more harm than good and must END! Drug Dealers Don't Card, Supermarkets Do.
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TomN says... September 28, 2012 at 2:54 p.m.
Don't gamble, but won't stand in the way of those who do. Don't smoke marijuana (or do any other drugs, not even prescription drugs), but won't stand in the way of those who do. Etc. As long as it does no harm to others, is practiced in moderation, with respect for and without harm to others, etc., I see such activities as inalienable rights and personal liberties. Do not need the government or moral police (with a particular brand of values) micromanaging our lives. Just like illegal liquor during Prohibition years ago, illegal marijuana feeds organized crime, weighs down law enforcement, impeding the pursuit of other more serious offenses, creates an unjustifiable burden cost-wise and resource-wise upon the court system, etc. Probably the most “practical” thing that could be done is legalize it out right.
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GAITOR says... September 28, 2012 at 3:24 p.m.
If you think this will allow you to eventually be able to grow and smoke it at home, you are wrong. In the 18th century, whiskey was freely distilled in every other home in the US. Then the government saw taxing it as a way to pay for things. MJ is just another vice, as is alcohol and tobacco, and as such, the Tax and Spend government will control and tax it to the inth degree. Law enforcement time and money will continue to be spent to catch and jail growers and sellers, just as they are today.
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inquire says... September 28, 2012 at 10:24 p.m.
The doctor who is head of the residents at AR Health Education Center in Fort Smith was recently arrested at his Crawford County home for having an indoor marijuana growing operation and evidence of distributing. If pot doesn't have a hold on people, why would a doctor with a high position risk everything for it. His career is toast, and he was willing to risk it.
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