Why did the Arkansas AG reject Mary Berry's first cannabis amendment ballot title?
Apply this to your situation
This page answers the general question as of 2017. Ezel answers yours: what it means for your facts, under current Arkansas law, with citations.
Plain-English summary
Mary L. Berry submitted a popular name and ballot title for a proposed constitutional amendment that would have legalized the cultivation, production, distribution, sale, possession, and use of recreational marijuana, cannabis hemp, and products produced from those plants in Arkansas.
Attorney General Leslie Rutledge rejected the submission, citing ambiguities in the underlying text of the proposed amendment. The same framework appears in three related opinions from the 2017 cycle:
- Op. 2017-017 (Larry Morris's marijuana/hemp amendment, rejected)
- Op. 2017-021 (this one, Berry's first attempt)
- Op. 2017-030 (Berry's revised submission three weeks later, rejected)
The legal framework is the same in each: under Roberts v. Priest (2000), where a proposal's text contains internal inconsistencies, "those inconsistencies would inevitably lead to confusion in drafting a popular name and ballot title and to confusion in the ballot title itself." A ballot title cannot resolve ambiguity in the underlying amendment. The AG's substitute-and-certify authority under § 7-9-107(b) does not extend to rewriting the proposed amendment.
Berry's later submission (Op. 2017-030) is a useful comparator because it identifies five specific ambiguities in the cannabis hemp and recreational marijuana text, including field-tag math, hypothetical examples, cultivation-consent rules, packaging scope, and expungement scope. Read together, the two Berry opinions show the AG patiently flagging concrete drafting issues for the sponsor to address in future revisions.
Currency note
This opinion was issued in 2017. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Q: How is this rejection related to Op. 2017-030?
A: This (2017-021) was Berry's first submission. Op. 2017-030, issued three weeks later, was Berry's revised submission. Both were rejected. The 2017-030 opinion is the more detailed of the two: it lists five specific drafting ambiguities the AG found in the revised text.
Q: What was the practical instruction to Berry?
A: Resolve the ambiguities in the underlying amendment, then resubmit. Berry did. The result (Op. 2017-030) addressed somewhat different ambiguities but reached the same conclusion.
Q: What was the recurring class of drafting issues?
A: Across the 2017 cannabis-rejection cluster, the recurring issues were definitional contradictions (e.g., a field tag described as both "for ten acres or less" and "required every ten acres"), incomplete hypothetical examples that suggested unstated rules, licensing-chain gaps (consent rules that addressed persons but not businesses), and uncertain scope of expungement provisions.
Q: Could Berry have circulated the amendment without certification?
A: No. Under § 7-9-107, AG certification of the popular name and ballot title is required before circulation of any initiative petition. Without certification, signatures collected on a petition would not count.
Q: Is the AG's textual-ambiguity standard rigorous, or selective?
A: The standard is rigorous and applied consistently. Across the 2017 ballot-title cluster, the AG cited Roberts and Bailey in essentially every rejection. The standard is the same for all sponsors regardless of viewpoint.
Background and statutory framework
Arkansas's 2017 ballot-title cluster around cannabis amendments is illustrative of the broader initiative drafting challenge: complex policy ideas require careful drafting, and individual sponsors without legal-drafting support routinely produce texts that fail certification. The AG's pattern in this cluster was to identify specific issues, encourage revision, and re-review.
The result was that no recreational-marijuana amendment cleared certification in the 2017-2018 cycle.
Citations
- Ark. Code Ann. § 7-9-107
- Ark. Code Ann. § 7-5-309
- Roberts v. Priest, 341 Ark. 813 (2000)
- Bailey v. McCuen, 318 Ark. 277 (1994)
- Op. Att'y Gen. 2017-017 (Morris parallel rejection)
- Op. Att'y Gen. 2017-030 (Berry's resubmission, also rejected)
Source
Original opinion text
Opinion No. 2017-021
March 3, 2017
Mary L. Berry, Sponsor
Post Office Box 511
Summit, AR 72677
Dear Ms. Berry:
STATE OF ARKANSAS
ATTORNEY GENERAL
LESLIE RUTLEDGE
I am writing in response to your request for certification, pursuant to Ark. Code
Ann. § 7-9-107 (Supp. 2015), of the popular name and ballot title for a proposed
initiated measure.
At the outset, I wish to make clear to you that the decision to certify or reject
a popular name and ballot title is in no way a reflection of my view of the
merits of a particular proposal. I am not authorized to, and do not, consider
the merits of the measure when making my determination to certify or reject
a popular name and ballot title.
The Attorney General is required, pursuant to Ark. Code Ann. § 7-9-107, to certify
the popular name and ballot title of all proposed initiative and referendum acts or
amendments before the petitions are circulated for signature. The law provides that
the Attorney General may, if practicable, substitute and certify a more suitable and
correct popular name and ballot title. Or, if the proposed popular name and ballot
title are sufficiently misleading, the Attorney General may reject the entire
petition.
Section 7-9-107 neither requires nor authorizes this office to make legal
determinations concerning the merits of the act or amendment, or concerning the
likelihood that it will accomplish its stated objective. In addition, consistent with
Arkansas Supreme Court precedent, unless the measure is "clearly contrary to
323 CENTER STREET, SUITE 200 • LITTLE ROCK, ARKANSAS 72201
TELEPHONE (501) 682-2007 · FAX (501) 682-8084
ARKANSASAG.GOV Mary L. Berry, Sponsor
Opinion No. 2017-021
Page2
law,"1 this office will not require that a measure's proponents acknowledge in the
ballot title any possible constitutional infirmities.2 Consequently, this review has
been limited primarily to a determination, pursuant to the guidelines that have
been set forth by the Arkansas Supreme Court, discussed below, of whether the
popular name and ballot title you have submitted accurately and impartially
summarize the provisions of your proposal.
The purpose of my review and certification is to ensure that the popular name and
ballot title honestl1', intelligibly, and fairly set forth the purpose of the proposed
amendment or act.
REQUEST
You have requested certification, pursuant to Ark. Code Ann. § 7-9-107, of
the following popular name and ballot title for a proposed constitutional
amendment:
Popular Name
Arkansas Cannabis Hemp and Recreational Marijuana Amendment of 2018
Ballot Title
An amendment to the Arkansas Constitution concermng the
cannabis plant, providing that the cultivation, production,
distribution, sale, possession, and use of recreational marijuana and
cannabis hemp and products produced therefrom may not be
prohibited under State law, but shall be regulated under State law;
recognizing that such activities remain unlawful under federal law;
providing for the release from incarceration, probation, or parole of
all persons whose current and only conviction(s) in which they are
1 See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326
Ark. 353, 359, 931 S.W.2d 119, 121 (1996); Plugge v. Mccuen, 310 Ark. 654, 841 S.W.2d 139
(1992).
2 As part of my review, however, I may address constitutional concerns for consideration by the
measure's proponents.
3 See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846 (1984). Mary L. Berry, Sponsor
Opinion No. 2017-021
Page 3
serving were of State laws pertaining to the cultivation, production,
distribution, sale, possession of marijuana, marijuana paraphernalia,
and the unlawful use of a communication device as it pertains to the
sale of marijuana; and the expungement of records relating to such
conviction(s); dividing cannabis in to [sic] cannabis hemp
(containing 0.3% or less THC) and marijuana (containing more than
0.3% THC); regulating the cultivation, production, distribution and
the sale of cannabis hemp and products produced therefrom;
providing that a business and anyone 21 years of age or older may
obtain a cannabis hemp license permitting the business or person to
cultivate cannabis hemp; authorizing recreational use of marijuana;
providing that a business and anyone 21 years of age or older may
obtain a marijuana license permitting the business or person to
cultivate, produce, and sell marijuana and products produced
therefrom for recreational purposes; providing that a licensed person
or business may cultivate up to 36 marijuana plants in a location not
subject to public view without optical aid; providing that sales of
recreational marijuana will be subject to existing sales taxes and an
additional 5% recreational marijuana excise tax and a local sales tax
of 2%; permitting any business with a marijuana license that is 1500
feet away or more from a public or private school, church, or
daycare may [sic] sell recreational marijuana to any business with a
marijuana license, or person 21 years of age or older; providing that
the owner(s) of the business and any and all employees have a
marijuana license, and that the recreational marijuana being sold in
the form of edibles or drinkables (a)is [sic] not designed to appeal to
children; (b) shall not exceed 10 milligrams of THC per serving, and
( c) labeling or packaging must provide product information;
providing that the manufacture, possession, purchase, sale, and
distribution of marijuana paraphernalia is lawful under State law;
and providing that the amendment (a) is not intended to require
employers to permit activities relating to recreational marijuana in
the workplace, (b) is not intended to permit driving under the
influence of marijuana, ( c) is not intended to permit the transfer of
recreational marijuana to anyone under 21 years of age, ( d) nor
permit anyone under 21 years of age to cultivate, produce, sell,
possess, or use recreational marijuana; providing that if the State
fails to begin issuing cannabis hemp license [sic], field tags,
marijuana license [sic], and plant tags by April 19th, 2019 such
license and tags shall not be required to cultivate, produce, and sale
[sic] cannabis hemp and or recreational marijuana until such licenses Mary L. Berry, Sponsor
Opinion No. 2017-021
Page4
and tags are issued by the State and 30 days is given for those
engaged in such activity to obtain such license [sic] and tags for the
activity in which they are engaged.
RESPONSE
The popular name is primarily a useful legislative device. 4 It need not contain
detailed information or include exceptions that might be required of a ballot title,
but it must not be misleading or give partisan coloring to the merit of the
proposal. 5 The popular name is to be considered together with the ballot title in
determining the ballot title's sufficiency.6
The ballot title must include an impartial summary of the proposed amendment or
act that will give the voter a fair understanding of the issues presented. 7 According
to the Court, a ballot title will not be legally sufficient unless it "adequately
inform[ s ]" the voters of the contents of a proposed amendment or act so that they
can make a "reasoned decision in the voting booth."8 A ballot title's failure to
"honestly and accurately reflect what is contained in the proposed [act or J
Amendment" may lead the Court to conclude that the "omission is significant."
The Court has also disa~proved the use of terms that are "technical and not readily
understood by voters."1 Without a definition of such terms in the ballot title, the
title may be deemed insufficient.11
4 Pafford v. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950).
5 See, e.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229
Ark. 411, 316 S.W.2d 207 (1958). For a better understanding of the term "partisan coloring," see
note 16 infra.
6 May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004).
7 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980) (internal citations omitted).
8 Lange v. Martin, 2016 Ark. 337, 9, at n. 2.
9 Id. at 9.
10 Wilson v. Martin, 2016 Ark. 334, *9.
II Id. Mary L. Berry, Sponsor
Opinion No. 2017-021
Page 5
Additionally, if information omitted from the ballot title is an "essential fact which
would give the voter serious ground for reflection, it must be disclosed."12 At the
same time, however, a ballot title must be brief and concise; 13 otherwise voters
could run afoul of Ark. Code Ann. § 7-5-309's five-minute limit in voting booths
when other voters are waiting in line.14 The ballot title is not required to be perfect,
nor is it reasonable to expect the title to cover or anticipate every possible legal
argument the proposed measure might evoke.15 The title, however, must be "free
of any misleading tendency whether by amplification, omission, or fallacy, and it
must not be tinged with partisan coloring."16 The ballot title must be honest and
impartial, 17 and it must conver; an intelligible idea of the scope and significance of
a proposed change in the law. 8
Furthermore, the Court has confirmed that a proposed measure cannot be approved
if the text of the proposal itself contributes to confusion and disconnect between
the language in the popular name and the ballot title and the language in the
proposed measure.19 The Court concluded that "internal inconsistencies would
inevitably lead to confusion in drafting a popular name and ballot title and to
confusion in the ballot title itself."20 Where the effects of a proposed measure on
current law are unclear or ambiguous, it is impossible for me to perform my
statutory duty to the satisfaction of the Arkansas Supreme Court without ( 1)
12 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994).
13 See Ark. Code Ann. § 7-9-107(b).
14 Bailey at 284, 884 S.W.2d at 944.
15 Id. at 293, 844 S.W.2d at 946-47.
16 Id. at 284, 884 S.W.2d at 942. Language "tinged with partisan coloring" has been identified by
the Arkansas Supreme Court as language that "creates a fatally misleading tendency" (Crochet v.
Priest, 326 Ark. 338, 347, 931 S.W.2d 128, 133 (1996)) or that "gives the voter only the
impression that the proponents of the proposed amendment wish to convey of the activity
represented by the words." (Christian Civic Action Committee v. McCuen, 318 Ark. 241, 249, 884
S.W.2d 605, 610 (1994)).
17 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990).
18 Christian Civic Action Committee, 318 Ark. at 245, 884 S.W.2d at 607 (internal quotations
omitted).
19 Cf Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000).
20 Id. Mary L. Berry, Sponsor
Opinion No. 2017-021
Page 6
clarification or removal of the ambiguities in the proposal itself, and (2)
conformance of the popular name and ballot title to the newly worded proposal.
It is my opinion, based on the above precepts, that a number of additions or
changes to your ballot title are necessary in order to more fully and correctly
summarize your proposal. I cannot, however, at this time, fairly or completely
summarize the effect of your proposed measure to the electorate in a popular name
or ballot title without the resolution of the ambiguities in the text of the measure
itself. And thus I cannot determine precisely what changes to the ballot title are
necessary to fully and correctly summarize your proposal. It is therefore not
appropriate, in my opinion, for me to try to substitute and certify a more suitable
and correct popular name and ballot title pursuant to Ark. Code Ann. § 7-9-107(b).
Instead, you may, if you wish, redesign the proposed measure and ballot title, and
then resubmit for certification. In order to aid your redesign, I highlight below the
more concerning ambiguities in the text of your proposal.
- Section 3(b) of your proposed amendment defines a
"cannabis hemp field tag or field tag" as a state-issued
label that must be "attache[ d] to any post or fencing
where cannabis hemp is being grown." The field tag is
to be "used for identifying ten (10) acres or less of
cannabis hemp plants." But section 4(b) of your
proposal states that "there shall be no limit to the
number of [cannabis hemp] field tags allowed per
licensed business or person per year." And section
4( c) states that any "person or business issued a[]
cannabis hemp license and field tag(s) may cultivate
cannabis hemp on property he or she owns, or with the
consent of the person(s) who own the property."
I am unable to reconcile the ten-acre limitation on cannabis-hemp field tags under
section 3(b) with the "no limit" language in sections 4(b) and 4( c ). Multiple
ambiguities are present. First, a reasonable voter might believe the ten-acre
language is significant in terms of the number of acres a field tag can mark, e.g.
using one field tag to label 11 acres of cannabis hemp would be improper.
Second, a reasonable voter might also conclude that cultivation of more than ten
acres of cannabis hemp is prohibited, given that a field tag may only be obtained
to mark ten acres or less of the crop. In this sense, the definition of cannabis-hemp
field tag appears to confine use of the mandatory label to "ten (10) acres or less of
cannabis hemp plants." But section 4(c) appears to sanction an unlimited amount Mary L. Beny, Sponsor
Opinion No. 2017-021
Page 7
of cannabis-hemp cultivation, by stating that there is no maximum number of field
tags that can be issued to a licensee per year. Likewise, section 4(c) allows
licensees with field tags simply to "cultivate cannabis hemp." There is no mention
of a ten-acre limitation.
Third, a voter might also interpret the ten-acre parameter as a limit, not on the total
area of cannabis hemp that can be cultivated, but on the total area of cannabis
hemp that must be labeled. So it is unclear if ( 1) a licensee can cultivate no more
than ten acres of cannabis hemp, or (2) a licensee must use field tags to label up to
ten acres of cannabis hemp, while no field tags are necessary for any amount of
cannabis hemp over ten acres.
Until these ambiguities are clarified, I cannot summarize the proposed amendment
in a ballot title so as to give voters a fair understanding of the field-tag
requirements for cannabis hemp.
CONCLUSION
The ambiguities noted above are not necessarily all the ambiguities contained in
your proposal, but they are sufficiently serious to require me to reject your popular
name and ballot title. I am unable to substitute language in a ballot title for your
measure due to these ambiguities. Further, additional ambiguities may come to
light on review of any revisions of your proposal.
My office, in the certification of ballot titles and popular names, does not address
the merits, philosophy, or ideology of proposed measures. I have no constitutional
role in the shaping or drafting of such measures. My statutory mandate is
embodied only in Ark. Code Ann. § 7-9-107, and my duty is to the electorate.
Based on what has been submitted, my statutory duty is to reject your proposed
ballot title for the foregoing reasons and instruct you to redesign the proposed
measure and ballot title.21 You may resubmit your proposed act along with a
proposed popular name and ballot title at your convenience.
Sincerely,
~ =>/~ LESLIERUTLE~
Attorney General
Enclosure
21 Ark. Code Ann. § 7-9-107(c). ARKANSAS CANNABIS HEMP AND RECREATIONAL MARIJUANA AMENDMENT OF 2018
(Popular Name)
(Ballot Title)
AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE CANNABIS PLANT,
P~OVIDING THAT THE CULTIVATION, PRODUCTION, DISTRIBUTION, SALE, POSSESSION, AND USE
OF RECREATIONAL MARIJUANA AND CANNABIS HEMP AND PRODUCTS PRODUCED THEREFROM
MAY NOT BE PROHIBITED UNDER STATE LAW, BUT SHALL BE REGULATED UNDER STATE LAW;
RECOGNIZING THAT SUCH ACTIVITIES REMAIN UNLAWFUL UNDER FEDERAL LAW; PROVIDING FOR
THE RELEASE FROM INCARCERATION, PROBATION, OR PAROLE OF ALL PERSONS WHOSE
CURRENT AND ONLY CONVICTION(S) IN WHICH THEY ARE SERVING WERE OF STATE LAWS
PERTAINING TO THE CULTIVATION, PRODUCTION, DISTRIBUTION, SALE, POSSESSION OF
MARIJUANA, MARIJUANA PARAPHERNALIA, AND THE UNLAWFUL USE OF A COMMUNICATION
DEVICE AS IT PERTAINS TO THE SALE OF MARIJUANA; AND THE EXPUNGEMENT OF RECORDS
RELATING TO SUCH CONVICTION(S); DIVIDING CANNABIS IN TO CANNABIS HEMP (CONTAINING
0.3% OR LESS THC) AND MARIJUANA (CONTAINING MORE THAN 0.3% THC); REGULATING THE
CULTIVATION, PRODUCTION, DISTRIBUTION AND THE SALE OF CANNABIS HEMP AND PRODUCTS
PRODUCED THEREFROM; PROVIDING THAT A BUSINESS AND ANYONE 21 YEARS OF AGE OR
OLDER MAY OBTAIN A CANNABIS HEMP LICENSE PERMITTING THE BUSINESS OR PERSON TO
CULTIVATE CANNABIS HEMP; AUTHORIZING RECREATIONAL USE OF MARIJUANA; PROVIDING
THAT A BUSINESS AND ANYONE 21 YEARS OF AGE OR OLDER MAY OBTAIN A MARIJUANA
LICENSE PERMITTING THE BUSINESS OR PERSON TO CULTIVATE, PRODUCE, AND SELL
MARIJUANA AND PRODUCTS PRODUCED THEREFROM FOR RECREATIONAL PURPOSES;
PROVIDING THAT A LICENSED PERSON OR BUSINESS MAY CULTIVATE UP TO 36 MARIJUANA
PLANTS IN A LOCATION NOT SUBJECT TO PUBLIC VIEW WITHOUT OPTICAL AID; PROVIDING THAT
SALES OF RECREATIONAL MARIJUANA WILL BE SUBJECT TO EXISTING SALES TAXES AND AN
ADDITIONAL 5% RECREATIONAL MARIJUANA EXCISE TAX AND A LOCAL SALES TAX OF 2%;
PERMITTING ANY BUSINESS WITH A MARIJUANA LICENSE THAT IS 1500 FEET AWAY OR MORE
FROM A PUBLIC OR PRIVATE SCHOOL, CHURCH, OR DAYCARE MAY SELL RECREATIONAL
MARIJUANA TO ANY BUSINESS WITH A MARIJUANA LICENSE, OR PERSON 21 YEARS OF AGE OR
OLDER; PROVIDING THAT THE OWNER(S) OF THE BUSINESS AND ANY AND ALL EMPLOYEES HAVE
A MARIJUANA LICENSE, AND THAT THE RECREATIONAL MARIJUANA BEING SOLD IN THE FORM OF
EDIBLES OR DRINKABLES (A)IS NOT DESIGNED TO APPEAL TO CHILDREN; (B) SHALL NOT EXCEED
10 MILLIGRAMS OF THC PER SERVING, AND (C) LABELING OR PACKAGING MUST PROVIDE
PRODUCT INFORMATION; PROVIDING THAT THE MANUFACTURE, POSSESSION, PURCHASE, SALE,
AND DISTRIBUTION OF MARIJUANA PARAPHERNALIA IS LAWFUL UNDER STATE LAW; AND
PROVIDING THAT THE AMENDMENT (A) IS NOT INTENDED TO REQUIRE EMPLOYERS TO PERMIT
ACTIVITIES RELATING TO RECREATIONAL MARIJUANA IN THE WORKPLACE, (B) IS NOT INTENDED
TO PERMIT DRIVING UNDER THE INFLUENCE OF MARIJUANA, (C) IS NOT INTENDED TO PERMIT THE
TRANSFER OF RECREATIONAL MARIJUANA TO ANYONE UNDER 21 YEARS OF AGE, (D) NOR
PERMIT ANYONE UNDER 21 YEARS OF AGE TO CULTIVATE, PRODUCE, SELL, POSSESS, OR USE
RECREATIONAL MARIJUANA; PROVIDING THAT IF THE STATE FAILS TO BEGIN tSSUING CANNABIS
HEMP LICENSE, FIELD TAGS, MARIJUANA LICENSE, ANO PLANT TAGS BY APRIL 19TH, 2019 SUCH
LICENSE AND TAGS SHALL NOT BE REQUIRED TO CULTIVATE, PRODUCE, AND SALE CANNABIS
HEMP AND OR RECREATIONAL MARIJUANA UNTIL SUCH LICENSES AND TAGS ARE ISSUED BY THE
STATE AND 30 DAYS IS GIVEN FOR THOSE ENGAGED IN SUCH ACTIVITY TO OBTAIN SUCH LICENSE
AND TAGS FOR THE ACTIVITY IN WHICH THEY ARE ENGAGED. Section 1. Short Title.
This is an amendment to the Arkansas Constitution that shall be called "The Arkansas Cannabis Hemp and
Recreational Marijuana Amendment of 2018.
Section 2. Effective Date.
Effective on and after November 07, 2018 the cultivation, production, distribution, sale, possession, and use of
the cannabis plant (genus Cannabis) as it pertains to cannabis hemp and recreational marijuana and the
products produced therefrom shall be regulated pursuant to the provision of this amendment and made lawful
in every geographic area of every county of this state under Arkansas law.
Section 3. Definitions.
The following terms are defined for the purposes of this amendment:
(a) "Cannabis hemp" means any part of the cannabis sativa L plant species, living or not, and when harvested
in its mature plant stage contains three tenths of one percent (0.3%) or less, by dry weight,
Delta-9-tetrahydrocannabinol (f19THC) and is not cultivated to produce an intoxicant.
(b) "Cannabis hemp field tag or field tag" means a label issued by the state that a cultivator attaches to any
post or fencing where cannabis hemp is being grown, and is used for identifying ten (10) acres or less of
cannabis hemp plants. Each field tag shall display the cannabis hemp license account number and an
expiration date that corresponds with the cultivator's cannabis hemp license. Each field tag may be bar-coded
or embedded with radio frequency identification (RFID) smart chip.
(c) "Cannabis hemp license" means a registration card issued by the state to a business or person who is a
resident of the state and is twenty-one (21) years of age or older to lawfully cultivate, produce, and sell
cannabis hemp and products produced from cannabis hemp that is cultivated in this state. Each license shall
display a license account number, an expiration date, and the photo, name or business name, date of birth,
and current address of the holder or business.
(d) "Driving under the influence of marijuana" means operating a motorized vehicle on any public road,
highway, or street when the Delta-9-tetrahydrocannabinol (~
9
THC) content of the operator's blood exceeds
thirteen micrograms per liter (13µg/L).
(e) "Marijuana" means any part of the cannabis plant (genus Cannabis), living or not, and when harvested in its
mature plant stage contains greater than three tenths of one percent (0.3%), by dry weight,
Delta-9-tetrahydrocannabinol (f19THC) and is cultivated to produce an intoxicant.
(f) "Marijuana license" means a registration card issued by the state to a business or person who is a resident
of the state and is twenty-one (21) years of age or older to lawfully cultivate, produce, and sell marijuana and
products produced from marijuana for recreational purposes. Each license shall display a license account
number, an expiration date, and the photo, name or business name, date of birth, and current address of the
holder or business.
(g) "Marijuana paraphernalia" means any equipment, utensils, products, and materials which are used,
intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging,
containing, or concealing recreational marijuana, or for ingesting, inhaling or otherwise introducing recreational
marijuana into the human body.
(h) "Marijuana plant tag or plant tag" means a label issued by the state that the cultivator attaches to the base
or branch of a growing marijuana plant. Such a label may be bar-coded or be embedded with a radio frequency
identification (RFID) smart chip. Each tag shall display the marijuana license account number and an expiration
date that corresponds with the cultivator's marijuana license. (i) "Products produced from cannabis hemp" means items and substances manufactured from cannabis hemp,
containing three tenths of one percent (0.3%) or less delta-9-tetrahydrocannabinol (a9THC) and is not used as
an intoxicant.
UY "Products produced from marijuana" means items and substances manufactured from marijuana, containing
more than three tenths of one percent delta-9-tetrahydrocannabinol (a9THC) and is used as an intoxicant that
is consumed into the human body in the form of food, drink, vapor, or smoke.
U) "Recreational marijuana" means marijuana and products produced from marijuana that is used as an
intoxicant.
(k)"Recreational marijuana excise tax" means a tax that is imposed upon the purchase of recreational
marijuana.
(I) "Remuneration" means an act in which money is being paid to purchase recreational marijuana.
Section 4. The regulation of cannabis hemp.
The cultivation, production, distribution, sale, possession, and use of cannabis hemp and products produced
from cannabis hemp shall be lawful in every geographic area of every county of this state under Arkansas law,
and shall be regulated by the state, and such regulations shall include the following provisions, but do not
preclude the imposition of additional rules, regulations, and penalties that the state may adopt and impose.
(a) The cost of a cannabis hemp license that shall be issued and required by the state shall not exceed thirty
dollars ($30.00) a year, and there shall be no limit to the number of licenses issued in this state, and any
business or person who is a resident of this state, and is twenty-one (21) years of age or older shall qualify to
obtain such a license, providing that he or she has not had such a license permanently revoked by the state for
violating the provisions pursuant to this amendment.
(b) The cost of a cannabis hemp field tag that shall be issued and required by the state to regulate the
cultivation of cannabis hemp shall not exceed ten dollars ($10.00) per field tag per year, and any business or
person with a cannabis hemp license as defined in Section 3(c) may obtain such field tags, and there shall be
no limit to the number of field tags allowed per licensed business or person per year.
(c) Any person or business issued an cannabis hemp license and field tag(s) may cultivate cannabis hemp on
property he or she owns, or with the consent of the person(s) who owns the property.
(d) Any person or business who violates the provisions pursuant to this section the following penalties may be
imposed:
(1 .) First offense: Upon conviction is guilty of a Class C misdemeanor, a penalty no greater than
five-hundred dollars ($500) shall be imposed, up to thirty (30) days in jail, and a suspension to obtain a
cannabis hemp license for one year.
(2.) Second offense: Upon conviction is guilty of a Class C misdemeanor, a penalty no greater than
five-hundred dollars ($500) shall be imposed, up to thirty (30) days in jail, and a suspension to obtain a
cannabis hemp license for five years.
(3.) Third offense: upon conviction is guilty of a Class B misdemeanor, a penalty no greater than
one-thousand dollars ($1,000) shall be imposed, and up to ninety (90) days in jail, and a permanent revocation
of a cannabis hemp license.
Section 5. The regulation of recreational marijuana.
The cultivation, production, distribution, sale, possession, and use of marijuana and products produced from
marijuana for recreational purposes shall be lawful in every geographic area of every county of this state under
Arkansas law, and shall be regulated by the state, and such regulations shall include the following provisions,
but do not preclude the imposition of additional rules, regulations, and penalties that the state may adopt and
impose:
(a) The cost of a marijuana license that shall be issued and required by the state shall not exceed thirty dollars
($30.00) per license per year, and there shall be no limit to the number of licenses issued in this state, and any business or person who is a resident of this state and is twenty-one (21) years of age or older shall qualify to
obtain such a license, providing that he or she has not had such a license permanently revoked by the state for
violating the provision pursuant to this amendment.
(b) The cost of a marijuana plant tag that shall be issued and required by the state to regu_late the cultivation of
recreational marijuana produced in this state, shall not exceed six dollars ($6.00) per plant tag, and any person
or business who has a marijuana license as defined in Section 3(f) shall qualify to obtain such tags, and there
shall be a limit of thirty-six (36) plant tags allowed per year per licensed person or business. Marijuana plant
tags may be purchased in any quantity, but not to exceed thirty-six (36) tags per licensed person or business
per year.
(c) The quantity of marijuana plants cultivated and displaying a marijuana plant tag shall be limited to thirty-six
(36) growing plants per person or business who has a marijuana license, but the quantity of the products
produced from marijuana shall not be limited.
(d) Any person or business who is issued a marijuana license and plant tag(s) may cultivate marijuana in a
location where the plant(s) is (are) not subject to public view without the use of binoculars, aircraft, or other
optical aids on property he or she owns, or with the consent of the person(s) who owns the property.
( e) Any person who is twenty-one (21) years of age or older may purchase, possess, and use recreational
marijuana, and may distribute recreational marijuana without remuneration to another person who is
twenty-one (21) years of age or older.
(f) Any business with a marijuana license whose owner(s) and employee(s) all have a marijuana license as
defined in section 3(f) may sell recreational marijuana to another business with a marijuana license, or any
person who is twenty-one years of age or older in that place of business providing:
(1) All buyers of recreational marijuana must first show proof of age with a valid driver's license or valid
identification card prior to the purchase.
(2) The business where recreational marijuana is being sold is not located within one thousand five
hUndred feet (1,500') of a public or private school, church, or daycare center, and;
(3) All recreational marijuana being sold is designed, packaged, and labeled pursuant to section 6 of
this amendment.
(g) Any business or person who violates the provision of this section the following penalties may be imposed:
(1.) First offense: upon conviction is guilty of a Class C misdemeanor, a penalty not greater than
five-hundred dollars ($500) shall be imposed, up to thirty 30 days in jail, and a suspension to obtain a
marijuana license for one year.
(2.) Second offense: upon conviction is guilty of a Class B misdemeanor, a penalty of one-thousand
dollars ($1 ,000) shall be imposed, up to ninety days (90) days in jail, and a suspension to obtain a marijuana
license for five years.
(3.) Third offense: upon conviction is guilty of a Class B misdemeanor, a penalty not greater than one
thousand dollars ($1,000) shall be imposed, up to ninety (90) days in jail, and a permanent revocation of a
marijuana license.
Section 6. Recreational marijuana product design, serving size, labeling and packaging.
(a) All edible and drinkable products produced from marijuana that are sold for recreational purposes shall;
(1) Shall not be designed to be appealing to children or easily confused with commercially sold candy
or foods that do not contain marijuana.
(2) Shall be produced and sold with a standardized dosage not to exceed ten (10) milligrams of
delta-9-tetrahydrocannabinol (a9THC) per serving.
(3) Shall be delineated or scored into standardized serving sizes if the product contains more than one
serving and is in solid form.
(4) Shall be homogenized to ensure uniform disbursement of delta-9-tetrahydrocannabinol (a9THC)
throughout the product. (5) Shall provide information on the packaging or labeling to enable the informed consumption of such
product, including the potential effects of the product, and directions as to how to consume the product.
(b) All smokable and vaporizable products produced from marijuana that are sold for recreational purposes
shall; ·
(1) Shall provide information on the packaging to enable the informed consumption of such product,
including the delta-9-tetrahydrocannabinol (a9THC) content, potential effects of the product, and directions as
to how to consume the product.
Section 7. Marijuana paraphernalia authorized.
Notwithstanding any other provision of law, the following acts regarding marijuana paraphernalia shall not be
an offense under Arkansas law, or be a basis for seizure or forfeiture of assets pursuant to The Uniform
Controlled Substances Act §5-64-505:
(a) Any business or person twenty-one (21) years of age or older may manufacture, possess, and purchase
marijuana paraphernalia, or may sell marijuana paraphernalia to another business or person who is twenty-one
years of age or older, providing that the marijuana paraphernalia being sold does not contain recreational
marijuana, unless the seller of such paraphernalia has a marijuana license.
Section 8. Employers, driving, and minors.
(a) Nothing in this amendment is intended to require an employer to permit or accommodate the cultivation,
production, distribution, sale, possession, or use of recreational marijuana in the workplace or to affect the
ability of employers to have policies restricting the use of recreational marijuana by employees.
(b) Nothing in this amendment is intended to permit driving under the influence of marijuana.
(c) Nothing in this amendment is intended to permit the transfer of recreational marijuana, with or without
remuneration, to a person under the age of twenty-one (21 ).
( d) Nothing in this amendment is intended to permit a person under the age of twenty-one (21) to cultivate,
produce, sell, possess, or use recreational marijuana.
(e) Nothing in this amendment is intended to permit the unauthorized cultivation, production, distribution, or
sale, of any substance that is controlled or prohibited by the state pursuant to the Arkansas Uniform Controlled
Substances Act.
Section 9. Non-violent marijuana offenders and criminal record expungement.
All persons currently serving incarceration, probation, or parole in this state, whose current and only
conviction(s) to which they are now serving were due to violating state laws as they pertain to the cultivation,
production, distribution, sale, and possession of marijuana, possession of marijuana paraphernalia, and or the
unlawful use of a communication device pertaining to the sale of marijuana, and whose violation(s) occurred
prior to the effective date of this amendment shall be released, and all criminal records in this state shall be
expunged of such convictions that occurred prior to the effective date of this amendment.
Section 10. Taxation and distribution of proceeds from the sale of recreational marijuana and cannabis
hemp.
(a) The following taxes shall be imposed upon the purchase of recreational marijuana sold in Arkansas:
(1) The Arkansas State Sales and Use Tax,
(2) a five percent (5%) recreational marijuana excise tax, and
(3) a two percent (2%) local sales tax.
(b) The following taxes shall be imposed upon the purchase of cannabis hemp cultivated and sold in Arkansas:
(1) The Arkansas State Sales and Use Tax
(c) The sales tax that are currently imposed upon the sale of products produced from cannabis hemp shall not
be affected by this amendment. (d) The distribution of tax revenues received by the Department of Finance and Administration from the sale of
recreational marijuana and cannabis hemp under this amendment may be determined by the general
assembly.
Section 11. Marijuana licenses, plant tags, cannabis hemp licenses, and field tags
The state shall begin issuing marijuana licenses, plant tags, cannabis hemp licenses, and field tags by April
19th, 2019. If the state fails to begin issuing such licenses and tags by April 19th, 2019 the provisions of this
amendment requiring such license and tags shall not be enforced, and the state shall not prohibit or penalize
any business or person twenty-one years of age or older, engaged in the cultivation, production, and sale of
cannabis hemp and or recreational marijuana until such licenses and tag(s) are issued by the state, and thirty
days is given in order for those engaged in such activity to obtain the proper license and tag(s) for the activity
in which they are engaged.
Section 12. Conflicting Laws.
The provisions of this Amendment are hereby declared to be severable and self-executing, and except where
otherwise indicated in this Amendment, shall supersede all conflicting state and local laws, charters,
regulations, and any and all other provisions in conflict with this Amendment. If any provision of this
Amendment, or the application of such provision to any person or circumstance is declared invalid by any court
for any reason, such declaration shall not affect the validity of the remaining portions of this Amendment.
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