Why did the Arkansas AG reject Larry Morris's first 2017 recreational-marijuana 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
Larry B. Morris of West Fork submitted a recreational-marijuana constitutional amendment to Attorney General Leslie Rutledge for ballot-title certification. This was the first of several recreational-marijuana proposals the AG would receive in 2017 from Mr. Morris and other sponsors. Each was rejected and resubmitted; this opinion is the first rejection in that sequence.
The AG identified seven ambiguities serious enough to prevent certification:
- Section 3(i) "drivers." The proposal used "business," "person," and "driver" inconsistently when describing transport-pass requirements. It was unclear who exactly needed a transport pass.
- Transport-pass issuing authority. The amendment said sheriffs' offices would issue transport passes but did not say which sheriff's office (the cultivator's? the destination's? the route's?). With 75 county sheriffs, the routing question was material.
- Hemp interaction. The proposal did not address whether or how it would interact with industrial hemp cultivation under existing or future state law. Hemp and marijuana are botanically the same plant; the silence created confusion.
- Age inconsistency. The proposal legalized recreational marijuana for adults 21 and older but in some sections referenced age 18, creating uncertainty about the actual age threshold.
- Child-appeal restrictions. Section 5 said edibles could not be designed to "appeal to children" but it was unclear whether this was an absolute prohibition or merely a labeling/marketing rule.
- Possession or use for medical purposes. Because Amendment 98 (medical marijuana, voter-approved 2016) was already in effect, the recreational amendment's silence on medical-purpose possession created ambiguity about which framework would govern.
- Section 11 sovereign immunity. The penalty provisions raised questions about whether state actors could be sued, an issue the AG flagged as particularly significant given the state's sovereign-immunity protections.
Because the proposal text itself was internally ambiguous, the AG could not draft a substitute ballot title under § 7-9-107(b). The entire petition was rejected under § 7-9-107(c), with an invitation to redesign and resubmit. Mr. Morris did so; the next iteration appears as Op. 2017-041.
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: Was this the only marijuana proposal pending at the time?
A: No. Mary Berry filed parallel proposals (Op. 2017-040, 2017-043, 2017-048). Multiple sponsors were attempting to put recreational marijuana on the 2018 ballot. Each submission went through the same iterative rejection-and-redesign process.
Q: Why does the AG reject for "ambiguity" rather than just rewriting the ballot title?
A: Section 7-9-107(b) lets the AG substitute a more suitable popular name and ballot title only if a faithful summary is possible. When the underlying proposal is internally ambiguous, no summary can be faithful. The AG cannot redraft substantive provisions of a proposed amendment; only the sponsor can.
Q: What is the significance of the Amendment 98 (medical marijuana) silence?
A: Voters approved Amendment 98 in November 2016. Any new amendment legalizing recreational marijuana would need to specify how it interacts with the existing medical-marijuana framework (licensing, possession limits, AMMC authority, employer protections). Silence creates risk that voters cannot understand what they are voting on.
Q: How does the sovereign-immunity flag fit in?
A: Arkansas's constitution and statutes provide significant sovereign-immunity protections for state actors. Penalty provisions in a constitutional amendment can interact with those protections in unintended ways. The AG flagged this as a "noteworthy" ambiguity, signaling that the sponsor needed to think carefully about who exactly could be liable under the proposed penalty scheme.
Q: What does it mean that "additional ambiguities may come to light" on review of revisions?
A: Standard caveat in ballot-title rejection opinions. The AG identifies the most serious ambiguities but does not commit to having found them all. A revised proposal may surface new issues. Sponsors who treat the rejection list as exhaustive risk repeated rejections.
Background and statutory framework
The Arkansas initiative-and-referendum process requires AG certification of the popular name and ballot title before petitions can be circulated. Section 7-9-107 sets out the process and the AG's authority (substitute, certify, or reject). The Arkansas Supreme Court has built a body of precedent around what makes a ballot title sufficient: it must "honestly, intelligibly, and fairly" set forth the proposed amendment's purpose; it must not be "tinged with partisan coloring"; and it must convey "an intelligible idea of the scope and significance of a proposed change in the law."
Recreational-marijuana proposals were a recurring feature of the 2017 to 2018 initiative cycle. The AG rejected several, often for similar reasons: ambiguous expungement provisions, unclear interaction with Amendment 98, and definitional inconsistencies. None of the proposals from this rejection sequence ultimately made the 2018 ballot.
Citations and references
Statutes:
- Ark. Code Ann. § 7-9-107 (popular name and ballot title certification)
- Ark. Code Ann. § 7-5-309 (voting-booth time limit)
Cases (all Arkansas Supreme Court):
- Kurrus v. Priest, 342 Ark. 434, 29 S.W.3d 669 (2000)
- Donovan v. Priest, 326 Ark. 353, 931 S.W.2d 119 (1996)
- Plugge v. McCuen, 310 Ark. 654, 841 S.W.2d 139 (1992)
- Pafford v. Hall, 217 Ark. 734, 233 S.W.2d 72 (1950)
- May v. Daniels, 359 Ark. 100, 194 S.W.3d 771 (2004)
- Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980)
- Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154
- Wilson v. Martin, 2016 Ark. 334, 500 S.W.3d 160
- Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994)
- Crochet v. Priest, 326 Ark. 338, 931 S.W.2d 128 (1996)
- Christian Civic Action Committee v. McCuen, 318 Ark. 241, 884 S.W.2d 605 (1994)
- Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000)
Source
Original opinion text
Opinion No. 2017-031
March 21, 2017
Larry B. Morris, Sponsor
5 0 Crest Street
West Fork, AR 72774
Dear Mr. Morris:
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 Larry B. Morris, Sponsor
Opinion No. 2017-031
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 honestlr, 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
The Arkansas Cannabis Amendment of 2018
Ballot Title
An amendment to the Arkansas Constitution concerning the
cannabis plant, providing that the cultivation, production,
distribution, sale, possession, and use of marijuana and industrial
hemp and products produced therefrom may not be prohibited 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
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). Larry B. Morris, Sponsor
Opinion No. 2017-031
Page 3
cultivation, production, distribution, sale, and possession of
marijuana, possession of marijuana paraphernalia, and or the
unlawful use of communication devices to sell marijuana, and the
expungement of records relating to such conviction(s); dividing
cannabis in to [sic] industrial hemp (containing 0.3% or less THC)
and marijuana (containing more than 0.3% THC); permitting the
cultivation, production, distribution and sale of industrial hemp by
any business or person 18 years of age or older and permitting such
business or person to cultivate up to 100 acres of industrial hemp on
property owned by the business or person(s) providing that;(a) [sic]
the location of the industrial hemp field is placed on record with the
county sheriff where the industrial hemp is being grown, and;(b)
[sic] the industrial hemp field is marked on all four comers of said
field with blaze orange colored post [sic]; permitting the cultivation,
production, distribution, and sale of marijuana and products
produced therefrom by any business or person 18 years of age or
older; providing that a business and anyone 18 years of age or older
may cultivate, produce, and sell marijuana and products produced
therefrom for recreational purposes; providing that a person or
business may cultivate up to 50 mature marijuana plants in a location
not subject to public view without optical aid; providing that sales of
marijuana will be subject to existing sales taxes and an additional
5% marijuana excise tax and a local sales tax of 2%; permitting any
business that is 1500 feet away or more from a public or private
school, church, or daycare may sell marijuana and products
produced therefrom to any business or person 18 years of age or
older; providing that the marijuana being sold for recreational
purposes 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 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 marijuana
to anyone under 18 years of age, ( d) does not permit anyone under
18 years of age to cultivate, produce, sell, possess, or use marijuana
and; ( e) does not prohibit the State from appointing a regulatory Larry B. Morris, Sponsor
Opinion No. 2017-031
Page4
body to regulate the cultivation, production, distribution and sale
thereof pursuant to the amendment.
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 Paffordv. 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, 500 S.W.3d 154, at n. 2.
9 Id. at 9, 500 S.W.3d at 159.
10 Wilson v. Martin, 2016 Ark. 334, 9, 500 S.W.3d 160, 167.
11 Id., 500 S.W.3d at 167. Larry B. Morris, Sponsor
Opinion No. 2017-031
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, 318 Ark. 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. Larry B. Morris, Sponsor
Opinion No. 2017-031
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(i) of your proposed amendment
concerns the transport of four or more pounds of
industrial hemp, marijuana, and marijuana products.
This section requires a "transport pass" in order to
authorize a "business or person who is 18 years of age
or older to transport industrial hemp crops, marijuana
plants, and or products produced from marijuana" on
any public road in Arkansas. The transport pass "shall
provide a name of the business, or person responsible
for the transport, and the name of driver if not the
same, Arkansas driver's license Identification number,
and a date of expiration."
There are ambiguities in Section 3(i) caused by the simultaneous use of
"business," "person responsible," and "driver." First, it is unclear if a transport
pass must be issued in the name of the "person" who requests the pass from the
sheriff. It is also unclear when the name of a "driver" must appear on the pass.
That is, the phrase "if not the same" might refer to the business authorized by the
pass to transport the hemp, marijuana, or marijuana products; alternatively, the
phrase "if not the same" might refer to the person authorized by the pass to
transport the hemp, marijuana, or marijuana products. I cannot summarize the
transport-pass requirements with respect to "drivers" until these ambiguities are
resolved. Larry B. Morris, Sponsor
Opinion No. 2017-031
Page 7
And the term "person responsible" is ambiguous because it is unclear what
activities or status would make an individual "responsible" for the transport of
hemp, marijuana, or marijuana products. It is likewise unclear whether Section
3(i) contemplates that a business, as well as (or in the alternative to) a person,
might be "responsible" for transport. Given that statewide transportation of large
quantities of industrial hemp, marijuana, and products produced from marijuana
would be of significance to voters, these ambiguities in Section 3(i) must be
clarified in order to ensure that a ballot title accurately summarizes the transport-
pass framework. - Section 3(i) of your proposed amendment
defines "transport pass" as a "permit provided by an
Arkansas County Sheriff' to businesses or individuals
over the age of 18. Your proposed ballot title does not
refer to transport passes, and the only mention of a
sheriff in the ballot title is by reference to the "county
sheriff where the industrial hemp is being grown."
Because the State of Arkansas includes Arkansas County, the proposed
amendment's text is ambiguous as to which sheriffs office would be authorized to
issue transport passes. It is unclear whether the transport passes may be issued by
(1) an Arkansas County sheriff, or (2) any sheriff of a county in Arkansas. This
confusion is exacerbated by the fact that the ballot title, as proposed, is silent
regarding transport passes. And where the ballot title addresses the role of sheriffs
with respect to recording the location of hemp fields, the sheriff is identified in
terms of the "county ... where the industrial hemp is being grown." Thus, a
reasonable voter would be unsure of how your proposal allocates responsibility for
transport passes among sheriffs' offices. This ambiguity must be clarified before a
ballot title can be certified. - Section 4 of your proposed amendment states
that a cultivator of industrial hemp must "mark[] such
field with a blaze orange painted post on all four
comers of said field."
While the blaze-orange requirement is clear with respect to fields having four
sides, I am unable to summarize in a ballot title how a field without four sides
must be demarcated. That is, a reasonable voter would be unsure if the blaze-
orange requirement applies to triangular or irregularly shaped fields of industrial
hemp, and if it does, in what way. This ambiguity prevents me from certifying a Larry B. Morris, Sponsor
Opinion No. 2017-031
Page 8
ballot title that fairly summarizes the requirements for marking industrial-hemp
fields. - Section 5( c )(2) of your proposed amendment
states that it will not be an offense for a business or
person 18 years of age or older to "produce, distribute,
and sell marijuana and products produced from
marijuana to any business or person 18 years of age or
older, provided that ... [t]he business where marijuana
and products produced from marijuana is being sold is
not located within on thousand five hundred feet
(1,500') of a public or private school, church, or
daycare center."
There is an ambiguity caused by, on the one hand, legalizing the
production/distribution/sale of recreational marijuana for businesses and persons
18 and older, while prohibiting only businesses from engaging in these activities
within 1,500 feet of a school, church, or daycare center. A reasonable voter would
therefore be unsure if the proposed amendment intends to apply the 1,500-foot
restriction to persons 18 years of age or older as well. This ambiguity must be
clarified in order to accurately summarize the production/distribution/sale
requirements for recreational marijuana. - Section 6(a)(l) of your proposed amendment
states that "edible and drinkable products produced
from marijuana . . . shall not be designed to be
appealing to children or easily confused with
commercially sold candy or foods that do not contain
marijuana."
However, Section 4 of the proposed amendment, applying to regulation of
industrial hemp, does not purport to limit the design of industrial hemp products in
such a way as to discourage their appeal to children. It is unclear if this is an
intentional omission, or if the restrictions in Section 6(a)(l) apply equally to
industrial hemp. Because the marketing and sale of hemp products to minors is a
matter of significance to voters, this ambiguity must be clarified before
certification of a ballot title. - Section 8( d) states that the proposed
amendment is not "intended to permit a person under Larry B. Morris, Sponsor
Opinion No. 2017-031
Page 9
the age of eighteen (18) to cultivate, produce, sell,
possess, or use marijuana."
This section is ambiguous with respect to the possession or use of marijuana for
medicinal purposes by a person younger than 18 years of age. I am tasked with
certifying a ballot title that accurately apprises voters of changes to substantive
law. Without clarification of whether the limits on cultivation, production, sale,
possession, and use stated in Section 8( d) apply to medicinal marijuana, I cannot
certify a ballot title that fairly summarizes the potential changes to existing law. - Section 9 provides that "all criminal records in
this state shall be expunged of such [marijuana-related]
convictions that occurred prior to the effective date of
this amendment."
The extent of the expungement requirement in Section 9 is unclear. Specifically, a
reasonable voter would not know if the proposed amendment intends to expunge
all current marijuana-related convictions that "occurred prior to the effective
date." Under this interpretation, a marijuana-related conviction would be only
expunged if (1) the conviction occurred prior to the amendment's effective date,
and (2) the sentence associated with the conviction was being served when the
amendment took effect. But a reasonable voter might also conclude that each and
every marijuana-related conviction must be expunged, regardless of when the
conviction occurred and whether the associated sentence was being served when
the amendment took effect. The effect of the proposed amendment on criminal
convictions is a matter of great importance to Arkansas voters. This ambiguity
must be clarified before I can accurately summarize the expungement requirement
in a ballot title. - Section 11 enumerates criminal penalties that
may be imposed against any "person or business who
violates the provisions pursuant to this amendment."
A reasonable voter would be unsure if the criminal-penalties section is meant to
apply to the State of Arkansas (or to one of the State's subdivisions). That is,
Section 11 is ambiguous with respect to whether State actors could be held liable
for engaging in conduct prohibited by the amendment. And it is unclear whether,
and to what extent, the criminal-penalties section is intended as a waiver of the
State's sovereign immunity. These ambiguities are noteworthy especially in light
of the legalization of medicinal marijuana in Arkansas. Larry B. Morris, Sponsor
Opinion No. 2017-031
Page 10
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.
}incerS/~
LESLIERUTL~
Attorney General
21 Ark. Code Ann. § 7-9-107(c). THE ARKANSAS CANNABIS AMENDMENT OF 2018
AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE CANNABIS PLANT,
PROVIDING THAT THE CULTIVATION, PRODUCTION, DISTRIBUTION, SALE, POSSESSION, AND USE
OF MARIJUANA AND INDUSTRIAL HEMP AND PRODUCTS PRODUCED THEREFROM MAY NOT BE
PROHIBITED 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, AND POSSESSION OF MARIJUANA, POSSESSION OF MARIJUANA PARAPHERNALIA, AND OR
THE UNLAWFUL USE OF COMMUNICATION DEVICES TO SELL MARIJUANA, AND THE
EXPUNGEMENT OF RECORDS RELATING TO SUCH CONVICTION(S); DIVIDING CANNABIS IN TO
INDUSTRIAL HEMP (CONTAINING 0.3% OR LESS THC) AND MARIJUANA (CONTAINING MORE THAN
0.3% THC); PERMITTING THE CULTIVATION, PRODUCTION, DISTRIBUTION AND SALE OF
INDUSTRIAL HEMP BY ANY BUSINESS OR PERSON 18 YEARS OF AGE OR OLDER AND PERMITTING
SUCH BUSINESS OR PERSON TO CULTIVATE UP TO 100 ACRES OF INDUSTRIAL HEMP ON
PROPERTY OWNED BY THE BUSINESS OR PERSON(S) PROVIDING THAT;(A) THE LOCATION OF THE
INDUSTRIAL HEMP FIELD IS PLACED ON RECORD WITH THE COUNTY SHERIFF WHERE THE
INDUSTRIAL HEMP IS BEING GROWN, AND;(B) THE INDUSTRIAL HEMP FIELD IS MARKED ON ALL
FOUR CORNERS OF SAID FIELD WITH BLAZE ORANGE COLORED POST; PERMITTING THE
CULTIVATION, PRODUCTION, DISTRIBUTION, AND SALE OF MARIJUANA AND PRODUCTS
PRODUCED THEREFROM BY ANY BUSINESS OR PERSON 18 YEARS OF AGE OR OLDER; PROVIDING
THAT A BUSINESS AND ANYONE 18 YEARS OF AGE OR OLDER MAY CULTIVATE, PRODUCE, AND
SELL MARIJUANA AND PRODUCTS PRODUCED THEREFROM FOR RECREATIONAL PURPOSES;
PROVIDING THAT A PERSON OR BUSINESS MAY CULTIVATE UP TO 50 MATURE MARIJUANA
PLANTS IN A LOCATION NOT SUBJECT TO PUBLIC VIEW WITHOUT OPTICAL AID; PROVIDING THAT
SALES OF MARIJUANA WILL BE SUBJECT TO EXISTING SALES TAXES AND AN ADDITIONAL 5%
MARIJUANA EXCISE TAX AND A LOCAL SALES TAX OF 2%; PERMITTING ANY BUSINESS THAT IS
1500 FEET AWAY OR MORE FROM A PUBLIC OR PRIVATE SCHOOL, CHURCH, OR DAYCARE MAY
SELL MARIJUANA AND PRODUCTS PRODUCED THEREFROM TO ANY BUSINESS OR PERSON 18
YEARS OF AGE OR OLDER; PROVIDING THAT THE MARIJUANA BEING SOLD FOR RECREATIONAL
PURPOSES 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 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 MARIJUANA TO ANYONE UNDER 18 YEARS OF AGE, (D) DOES NOT
PERMIT ANYONE UNDER 18 YEARS OF AGE TO CULTIVATE, PRODUCE, SELL, POSSESS, OR USE
MARIJUANA AND; (E) DOES NOT PROHIBIT THE STATE FROM APPOINTING A REGULATORY BODY
TO REGULATE THE CULTIVATION, PRODUCTION, DISTRIBUTION AND SALE THEREOF PURSUANT
TO THE AMENDMENT.
Section 1. Short Title.
This is an amendment to the Arkansas Constitution that shall be called "The Arkansas Cannabis Amendment
of 2018". Section 2 Effective Date.
Effective November 7th, 2018 the cultivation, production, distribution, sale, possession, and use of the
cannabis plant (genus Cannabis) as it pertains to industrial hemp and marijuana and the products produced
therefrom shall be made lawful in every geographic area of every county of this state under Arkansas law, and
shall not be an offense, or be a basis for seizure or forfeiture of assets pursuant to the Arkansas Uniformed
Controlled Substance Act.
Section 3. Definitions.
The following terms are defined for the purposes of this amendment:
(a) "Driving under the influence of marijuana" means operating a motorized vehicle on any public road,
highway, or street when the Delta-9-tetrahydrocannabinol (89THC) content of the operator's blood exceeds
thirteen micrograms per liter (13µg/L).
(b) "Industrial 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 (89THC), and is not cultivated to be used as an intoxicant..
(c) "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 (89THC) and is cultivated to be used as an intoxicant.
(d) "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 marijuana, or for ingesting, inhaling or otherwise introducing marijuana into the
human body.
(e) "Mature marijuana plant" means a marijuana plant that is in the flowering stage and producing colas.
(f) "Products produced from industrial hemp" means any item or substance manufactured from industrial hemp
that contains three tenths of one percent (0.3%) or less delta-9-tetrahydrocannabinol (89THC) and is not used
as an intoxicant.
(g) "Products produced from marijuana" means items and substances manufactured from marijuana,
containing more than three tenths of one percent (0.3%) delta-9-tetrahydrocannabinol (89THC) and is used as
an intoxicant that is consumed into the human body in the form of food, drink, vapor, or smoke.
(h) "Remuneration" means an act in which money is being paid to purchase marijuana and products produced
from marijuana ..
(i) "Transport Pass" means a permit provided by an Arkansas County Sheriff to permit a business or person
who is 18 years of age or older to transport industrial hemp crops , marijuana plants, and or products
produced from marijuana that weigh four pounds (4 lbs) or more on any Arkansas public road, highway, or
street. Each pass shall provide a name of the business, or person responsible for the transport, and the name
of driver if not the same, Arkansas .driver's license Identification number, and a date of expiration. A transport
pass shall be valid for 3 days and cost five dollars ($5.00).
Section 4 The Regulation of Industrial Hemp.
Notwithstanding any other provision of law, the following acts by any business, or person 18 years of age or
older, regarding industrial hemp 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:
(a) may cultivate up to one-hundred acres of industrial hemp provided that:
(1) the location of the industrial hemp field is placed on record with the county sheriffs office in
the county in which the industrial hemp is being grown, and
(2) the cultivator marks such field with a blaze orange painted post on all four corners of said
field. (b) may transport industrial hemp crop on any public road, highway, or street, provided that if the crop
weighs four pounds (4 lbs) or more a transport pass is obtained from the county sheriff.
(c) may produce, distribute, and sell industrial hemp and products produced from industrial hemp.
Section 5 The Regulation of Marijuana.
Notwithstanding any other provision of law, the following acts by any business, or person 18 years of age or
older, regarding marijuana 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:
(a) may have cultivating up to fifty (50) mature marijuana plants, and up to fifty (50) non mature plants
provided that:
(1) Marijuana is cultivated 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 owned by the business or
person(s), or with the consent of the business or person(s) who owns the property, and
(2) The location where more than 25 marijuana plants is being cultivated is placed on record with
the county sheriff's office in the county in which the marijuana is being grown.
(b) may transport marijuana plants and products produced from marijuana on any public road, highway, or
street provided that:
(1) If the weight of the marijuana plants or products produced from marijuana is four pounds (4 lbs)
or more a transport pass is obtained from the county sheriff where the plants or product is being
transported from prior to transport.
(c) may produce, distribute, and sell marijuana and products produced from marijuana to any business or
person 18 years of age or older, provided that:
(1) The buyer provides proof of age with any valid state identification card or any state driver's
license prior to purchase.
(2) The business where marijuana and products produced from 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 products produced from marijuana being sold is designed and packaged pursuant to section
6 of this amendment.
Section 6. Marijuana product design, serving size, 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 (l19THC) 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 (l19THC)
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 or labeling to enable the informed consumption of such
product, including the delta-9-tetrahydrocannabinol (l19THC) content, potential effects of the product, and
directions as to how to consume the product. Section 7. Marijuana Paraphernalia
Any business or person eighteen (18) years of age or older may manufacture, possess, and purchase
marijuana paraphernalia, or may sell marijuana paraphernalia to another business or person who is eighteen
(18) years of age or older.
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 marijuana in the workplace or to affect the ability of
employers to have policies restricting the use of 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 marijuana, with or without remuneration, to a
person under the age of eighteen (18).
(d) Nothing in this amendment is intended to permit a person under the age of eighteen (18) to cultivate,
produce, sell, possess, or use marijuana.
(e) Nothing in this amendment is intended to permit the cultivation, production, distribution, or sale, of any other
substance that is controlled or prohibited by the state pursuant to the Arkansas Uniform Controlled Substances
Act.
(f) Nothing in this amendment prohibits the state from appointing a regulatory body to regulate the cultivation,
production, distribution and sale of industrial hemp and marijuana pursuant to this amendment.
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(s) as it relates 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 marijuana and industrial hemp.
(a) The following taxes shall be imposed upon the purchase of marijuana sold for recreational purposes in
Arkansas:
(1) The Arkansas State Sales and Use Tax,
(2) a five percent (5%) marijuana excise tax, and
(3) a two percent (2%) local sales tax.
(b) The following taxes shall be imposed upon the purchase of industrial 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 industrial 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
marijuana and industrial hemp under this amendment may be determined by the general assembly.
Section 11. Penalties
Any person or business who violates the provisions pursuant to this Amendment the following penalties may
be imposed:
(a.) 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.
(b.) 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. (c.) 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.
Section 12. Confllctlng 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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