The Arkansas Supreme Court on Wednesday granted a petition to allow a proposed constitutional amendment that would legalize recreational marijuana back on the November ballot until it decides how to proceed with the Arkansas Board of Election Commissioners' decision to not approve its ballot title.
The Arkansas Supreme Court stated in court documents that the secretary of state had been ordered to conditionally certify Responsible Growth Arkansas' proposed initiated amendment pending its decision in this case.
Officials for Responsible Growth Arkansas filed a petition that stated they were seeking a preliminary injunction because the Aug. 25 deadline for certification of initiated measures is pressing, and it asks the court to order John Thurston, Arkansas' secretary of state, to conditionally certify the petitioners' proposed initiated amendment pending the court's decision.
The proposed constitutional amendment would issue adult-use cannabis cultivation and dispensary licenses to businesses that already hold licenses under the state's medical marijuana program, followed by an additional 40 licenses chosen by a lottery.
Board of Election Commissioners member Bilenda Harris-Ritter, the Republican Party's designee, made the motion to deny the ballot title and popular name for the amendment partly because it would repeal the current THC limits without explaining if a new limit would be set.
THC, or tetrahydrocannabinol, is the main psychoactive compound in marijuana.
Responsible Growth counsel Steve Lancaster argued that the role of the Board of Election Commissioners is not to judge the amendment itself but to see if the ballot title has language that is misleading or omits information that could change a voter's mind.
Lancaster also said the ballot title explains that while the THC limit would be repealed, the Alcoholic Beverage Control Division will be in charge of making new rules with requirements for child-proof packaging and restrictions on advertising that appeals to children. He said the repeal of the THC limit doesn't mean the limit is gone, and argued that the ballot title explains the rules would be decided by the Alcoholic Beverage Control Division.
Certification of the ballot title and popular name is one of the two requirements under state law for a proposal to get on the general election ballot. The other requirement is for the secretary of state to certify the sponsor has submitted the required number of valid signatures of registered voters on petitions.
Petitioners said in July that they had submitted 192,828 signatures, more than twice the number required, in their bid to qualify the measure for the general election ballot.
The measure was approved by the secretary of state after signature counters reached 90,000 verified signatures last week.
The initiative limits the sale of cannabis to people 21 or older and prohibits advertising and packaging designed to appeal to children. It provides regulatory oversight by limiting the number of licensed businesses, and does not allow for homegrown cannabis.
It also limits the number of cannabis licenses to 20 cultivators and 120 dispensaries statewide, which includes existing medical marijuana licenses.
Medical marijuana patients spent $22.29 million at Arkansas dispensaries in June, obtaining 3,926 pounds of cannabis, according to the Arkansas Department of Finance and Administration. On average, patients spend $22.37 million each month among the state's 38 dispensaries to purchase approximately 3,920 pounds of marijuana.
There were 88,012 active medical marijuana ID cards in the state as of July 30, according to the state Department of Health.