Why was the December 2017 True Grass cannabis ballot title rejected?
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, on behalf of the Arkansas True Grass Ballot Question Committee, submitted "The Arkansas Recreational Marijuana Amendment of 2018" for AG certification. This was the True Grass committee's second submission in the cycle, following the November 2017 rejection in Op. Att'y Gen. 2017-122. The proposal was substantially similar to the earlier submission: adult (18+) cultivation, production, sale, and use of recreational cannabis with a 5% state excise tax and 2% local sales tax, with detailed provisions on packaging, paraphernalia, employer policies, and penalties.
The AG rejected this submission for fundamental ambiguities in the underlying text. The decisional pattern recalls the November rejection: the regulatory scheme remained too convoluted to be summarized in an intelligent, impartial, and honest manner. This iteration kept some structural problems from the prior submission (verbatim ballot-title copying of unlawful-activities lists, internal inconsistency between Section 7's "not permitted" framework and Section 10's "unlawful" framework). The November-to-December change apparently did not address the core drafting concerns.
The committee resubmitted yet again in January 2018. Op. Att'y Gen. 2017-135 reviewed that final submission, where the committee had attempted to fix problems by deleting language. The AG rejected that one too, concluding that subtraction without restructuring did not address the underlying problems.
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.
How three-strike ballot-title cycles run
The True Grass series (2017-122, 2017-127, 2017-135) shows how iterative ballot drafting works in Arkansas:
Submission 1 (2017-122, November 2017). AG identifies threshold problems: (a) ballot title verbatim copies of Section 10's unlawful-activities clause, requiring AG to draft a substitute from scratch; (b) internal inconsistency between Section 7 ("not permitted") and Section 10 ("unlawful") for the same conduct.
Submission 2 (2017-127, December 2017, this opinion). Committee resubmits, presumably with modifications to address some 2017-122 concerns. AG identifies "fundamental ambiguities in the text of the proposed measure." Without seeing the redline against the November submission, the most likely scenario is that the committee tweaked the ballot title without restructuring the underlying Section 7-Section 10 inconsistency.
Submission 3 (2017-135, January 2018). Committee resubmits again, this time deleting "large sections" of prior text. The AG rejects, explaining that simply deleting problematic language does not address fundamental shortcomings: the regulatory scheme is still too convoluted to be summarized.
The pattern illustrates something important about the AG ballot-title process: it is not an editing exercise on the title alone. The AG's review treats title and underlying text together, because no title can fairly summarize an internally inconsistent measure. Proponents who try to fix titles without fixing underlying-text problems will keep failing. The constructive path is structural redesign of the measure.
Common questions
What was different between the November 2017 (2017-122) and December 2017 (2017-127) submissions?
The opinion does not detail the changes between submissions. Both rejections describe similar ambiguities. The most likely substantive change was language tweaks within similar overall structure, not the kind of fundamental restructuring needed to address the 2017-122 concerns.
Can a sponsor learn from earlier rejections?
Yes, and many do. The Driving Arkansas Forward casino amendment (2018-001), which the AG also rejected for similar reasons, eventually became Amendment 100 (Arkansas Casino Gaming Amendment of 2018) after substantial restructuring by a different drafting group. Iteration with thoughtful structural redesign can succeed; superficial title edits typically cannot.
Why does the AG focus on the underlying measure when the formal request is about the title?
Because Roberts v. Priest established that ballot titles cannot be approved when the underlying text creates a disconnect. If the text is internally inconsistent or fundamentally ambiguous, no title can summarize it accurately. The AG's review necessarily reaches the underlying measure when text-level problems prevent fair summary.
Are there limits on how many times a sponsor can resubmit?
Section 7-9-107 does not cap submissions. As a practical matter, sponsors can resubmit until they get certification or run out of time before the petition signature deadline. The AG's review is per-submission; each generates a new opinion.
Did Arkansas eventually legalize recreational cannabis through any of these efforts?
No. The True Grass committee's submissions did not lead to a 2018 ballot. Issue 4 in 2022 (Arkansas Recreational Marijuana Amendment of 2022) reached the ballot but failed at the polls. The state's medical-cannabis framework (Amendment 98 of 2016) remains the only constitutional cannabis authorization.
Background and statutory framework
Section 7-9-107 governs AG ballot-title certification. The Arkansas Supreme Court's leading cases on ballot-title sufficiency are Becker v. Riviere (fair understanding), Bailey v. McCuen (essential-fact rule, no misleading tendency), Lange v. Martin (adequately inform), and Roberts v. Priest (text-title connection).
The True Grass committee's three submissions in the 2017-2018 cycle illustrate the iterative pattern: each rejection identifies specific problems, each resubmission attempts but does not fully address those problems, and the cycle continues without certification.
Citations
- Ark. Code Ann. § 7-9-107 (popular name and ballot title certification)
- Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994) (intelligible scope and import)
- Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154 (adequately inform voters)
- Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000) (text-title connection)
- Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980) (fair understanding standard)
- Op. Att'y Gen. 2017-122 (True Grass first submission)
- Op. Att'y Gen. 2017-135 (True Grass third submission)
Source
Original opinion text
Opinion No. 2017-127
December 14, 2017
Ms. Mary L. Berry, Sponsor
STATE OF ARKANSAS
ATTORNEY GENERAL
LESLI E RUTLEDGE
Arkansas True Grass Ballot Question Committee
Post Office Box 511
Summit, AR 72677
Dear Ms. Berry:
At the outset, I wish to make clear 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 a measure when making a decision to certify or reject.
Section 7-9-107 authorizes my office to 1) certify the popular name and ballot title
of a proposed measure, 2) substitute and certify the popular name and ballot title,
or 3) reject the entire submission if the "nature of the issue [] is presented in such
manner that the ballot title would be misleading" to voters. 1 The purpose of my
review under section 7-9-107 is to ensure that the popular name and ballot title
honestly, intelligibly, and fairly set forth the purpose of the proposed amendment. 2
In this way, voters will have a fair understanding of the issues presented by
reference to the ballot title alone. 3
At the time they are submitted to my office under section 7-9-107, the popular
name and ballot title for proposed constitutional amendments and acts "should be
complete enough to convey an intelligible idea of the scope and import of the
1 Ark. Code Ann.§ 7-9-107(c) (Supp. 2017).
2 See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846, 848
(1984).
3 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980) (internal citations omitted).
323 CENTER STREET. SU ITE 200 · LITTLE ROCK. ARKANSAS 72201
TE LEPHONE (501) 682-2007 · FAX (501) 682-8084
ARKANSASAG.GOV Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
Page 2
proposal."4 And it follows from my duty to reject misleading submissions that any
ballot title submitted for review should represent the sponsor's attempt to
summarize her proposed amendment or act in a non-misleading fashion. While I
am authorized to substitute and certify a ballot title that is more suitable (in terms
of affording voters a fair understanding of the issues presented), section 7-9-107
does not contemplate that I generate a ballot title when the ballot title submitted is
wholly deficient. Nor does the statute require that I modify the proposed measure
itself in order to then summarize the measure's text in a suitable ballot title.
Crafting the measure's text and accurately summarizing that text in a ballot title
are the sponsor's responsibility prior to submission.
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 Recreational Marijuana Amendment of 2018
Ballot Title
An amendment to the Arkansas Constitution concemmg the
cannabis plant, and in connection therewith, providing for the
regulation and taxation of recreational marijuana in the State;
providing that the cultivation, production, distribution, sale,
transport, possession, and use of recreational marijuana and products
produced therefrom by adults (18 years of age or older) shall be
lawful under Arkansas law; recognizing that such activities remain
prohibited under federal law; providing for the release from
4 Ba;/ey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 ( 1994) (internal quotation omitted).
The Arkansas Supreme Cow1 has explained that ballot titles are legally insufficient unless they
"adequately inform" voters and enable a "reasoned decision in the voting booth." Lange v.
Martin, 2016 Ark. 337, 500 S.W.3d 154, at n. 2. Likewise, a ballot title cannot be approved if the
text of the proposal creates a disconnect between the ballot title and the content of the proposed
measure. Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000). This is because
"internal inconsistencies would inevitably lead to confusion in drafting a popular name and ballot
title, and to confusion in the ballot title itself." Id. Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
Page 3
incarceration, probation, and parole of all persons whose current and
only conviction(s) in which they are serving were for violating the
Arkansas Uniformed Controlled Substances Act in regards to
marijuana; and providing for the expungement of marijuana related
convictions that were imposed prior to the Amendments [sic]
effective date of November 7th, 2018; providing that any adult or
business entity may cultivate, produce, and sell recreational
marijuana and products produced therefrom; providing that any adult
or business entity may have up to 36 marijuana plants growing in a
location not subject to public view without optical aid; permitting
the transport of recreational marijuana out of public view; permitting
the consumption of recreational marijuana wheresoever the
consumption of alcohol is permitted; providing that sales of
recreational marijuana will be subject to existing sales tax, and an
additional 5% recreational marijuana excise tax, and a local sales tax
of 2%; permitting any adult or business entity that is 1500 feet away
or more from a public or private school, church, or daycare may sell
recreational marijuana and products produced therefrom to any adult
person 18 years of age or older with proof of age; limiting the
quantity of recreational marijuana products that can be sold per day
to buyers presenting an out of state proof of age; providing that the
recreational marijuana being sold in the form of food or drink
(a )shall [sic] not be designed to appeal to children; (b) shall not
exceed I 0 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; providing
penalties for violations pursuant to the Amendment that include (a) a
fine not to exceed two-hundred dollars ($200.00) for a first time
offense,(b) [sic] a Class C misdemeanor charge for second time
offense with the recreational marijuana license to cultivate, produce
and sell recreational marijuana suspended for one year, and ( c) a
Class B misdemeanor charge for subsequent offenses with the
recreational marijuana license to cultivate, produce, and sell
recreational marijuana suspended for 5 years and providing that the
Amendment (a) shall not be construed to affect the ability of
employers to have policies restricting the use of recreational
marijuana by employees, (b) shall not be construed to permit driving
under the influence of marijuana, ( c) shall not be construed to permit
the transfer of recreational marijuana to anyone under 18 years of Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
Page 4
age, ( d) nor permit anyone under 18 years of age to cultivate,
produce, sell, distribute, transport, possess, or use recreational
marijuana, and ( e) shall not be construed to limit any privileges or
rights of a qualifying patient, caregiver, physician, or licensed entity
in regards to medical marijuana pursuant to the Arkansas Medical
Marijuana Amendment of 2016; providing that the State shall begin
issuing recreational marijuana licenses and plant tags by April 19th,
2019 such licenses and tags shall not be required to cultivate,
produce, and sell recreational marijuana upon the effective date of
this Amendment but shall be required after June 19th [sic] 2019.
RESPONSE
My statutory duty is to certify, substitute and certify, or reject the entire proposal.
And my office attempts in the usual course to identify problems in the text of a
proposed measure that prevent certification of a satisfactory ballot title. But there
is at least one threshold shortcoming in your submission that precludes detailed
review under section 7-9-107(c).
The proposed ballot title and amendment refer to a regulatory scheme that is
overly complex at best, and at worst so convoluted it cannot be summarized in a
manner that is "intelligent," "honest," and "impartial. "5 Section 4( c) of your
proposed amendment ("The Regulation of Recreational Marijuana") states that on
and after the amendment's effective date, "any adult or business entity may
cultivate recreational marijuana and produce products therefrom," subject to
certain restrictions. One of these restrictions is that "cultivators and product
producers ... will be required to have a recreational marijuana license after June
19th, 2019. "6 Another is the requirement that "all recreational marijuana plants ...
have a plant tag after June 19th, 2019."7 And according to the proposed
amendment, the "state shall begin issuing" both marijuana licenses and plant tags
"by April 19, 2019."8
5 Riviere, 283 Ark. at 466, 677 S.W.2d at 848.
6 Section 4(c)(2).
7 Section 4(c)(4)(A).
8 Sections 4(a) and 4(b). Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
Page 5
Given that the proposed amendment's effective date is "on or after November 07,
2018,"9 the regulations quoted above create three time periods, each partially
overlapping the next, and each legalizing (but some restricting) different aspects of
recreational-marijuana use. The first period begins on November 7, 2018, when
the proposed amendment would take effect. Ostensibly, at this time, "the
cultivation, production, distribution, sale, transport, possession, and use" of
recreational marijuana will be lawful throughout Arkansas. 10 But the legality of
the same activities will somehow be altered on or before April 19, 2019, when the
State must begin issuing marijuana licenses and plant tags. And the amendment
purports to affect these activities yet again after June 19, 2019, by requiring
certain people and business to "have" licenses and tags. The proposed regulatory
scheme is further muddied in that regulations "shall include" the above, while at
the same time the scheme must accommodate whatever "additional rules,
regulations, and penalties that the state may adopt."11
I cannot substitute language that fairly and accurately summarizes the quoted
sections of the amendment itself. These sections are simply too confusing.
Consequently, I cannot certify the ballot title as proposed.12
You have previously submitted proposed amendments involving "plant tags,"
effective dates, and staggered time periods within which the State must begin
regulating recreational-marijuana activities. I have consistently rejected those
submissions because of ambiguities very similar, if not identical, to the defects
found in your current submission.13 In my judgment, it is doubtful that future
9 Section 2.
10 Section 4.
II Id.
12 Your proposed ballot title reads, in pertinent part, "the state shall begin issuing recreational
marijuana licenses and plant tags by April 19th, 2019[;] such licenses and tags shall not be
required to cultivate, produce, and sell recreational marijuana upon the effective date of this
amendment[,] but shall be required after June 19th 2019."
13 See, e.g., Op. Att'y Gen. 2017-076 (stating that "a reasonable voter would believe that the
activities permitted by issuance of a license or plant tag might not be lawful until at least April
19, 2019. And if licenses and plant tags are not issued until April 19, 2019 (or afterward), it is
unclear what would be the legal status of "cultivation, production, distribution, sale, possession,
and use of the cannabis plant" upon the measure's effective date of November 7, 2018."). Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
Page 6
submissions with similar defects will ever be capable of summary in a ballot title
giving voters a fair understanding of the issues presented.
CONCLUSION
The Arkansas Constitution does not charge my office with any role in drafting
initiated constitutional amendments or acts. My duty in reviewing submissions
under section 7-9-107 is to the electorate as a whole. I cannot advise or advocate
for individual sponsors. 14 Sponsors must make the necessary efforts to ensure that
their proposed measures, popular names, and ballot titles have been thoroughly
vetted for compliance with the high standards established by the Court prior to
their submission to my office.
Your submission falls short of the minimum criteria under section 7-9-107. While
the deficiencies noted above are not necessarily all of the issues preventing
certification of a popular name and ballot title for your proposed measure, they are
serious enough that I am unable to further review the submission. I must therefore
reject your entire ballot title, popular name, and proposed measure.
Sincerely,
~-~~
LESLIE RUTL~D~
Attorney General
Enclosure
14 See Op. Att'y Gen. 2017-032 (citing Ark. Code Ann. § 25-16-701 (Supp. 2015), which
prohibits the Attorney General from engaging in the private practice of law). THE ARKANSAS RECREATIONAL MARIJUANA AMENDMENT OF 2018
(Popular Name)
(Ballot Title)
AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE CANNABIS PLANT, AND IN
CONNECTION THEREWITH, PROVIDING FOR THE REGULATION AND TAXATION OF RECREATIONAL
MARIJUANA BY THE STATE; PROVIDING THAT THE CULTIVATION, PRODUCTION, DISTRIBUTION,
SALE, TRANSPORT, POSSESSION, AND USE OF RECREATIONAL MARIJUANA AND PRODUCTS
PRODUCED THEREFROM BY ADULTS (18 YEARS OF AGE OR OLDER) SHALL BE LAWFUL UNDER
ARKANSAS LAW; RECOGNIZING THAT SUCH ACTIVITIES REMAIN PROHIBITED UNDER FEDERAL
LAW; PROVIDING FOR THE RELEASE FROM INCARCERATION, PROBATION, AND PAROLE OF ALL
PERSONS WHOSE CURRENT AND ONLY CONVICTION(S) IN WHICH THEY ARE SERVING WERE FOR
VIOLATING THE ARKANSAS UNIFORMED CONTROLLED SUBSTANCES ACT IN REGARDS TO
MARIJUANA; AND PROVIDING FOR THE EXPUNGEMENT OF MARIJUANA RELATED CONVICTIONS
THAT WERE IMPOSED PRIOR TO THE AMENDMENTS EFFECTIVE DATE OF NOVEMBER 7TH, 2018;
PROVIDING THAT ANY ADULT OR BUSINESS ENTITY MAY CULTIVATE, PRODUCE, AND SELL
RECREATIONAL MARIJUANA AND PRODUCTS PRODUCED THEREFROM; PROVIDING THAT ANY
ADULT OR BUSINESS ENTITY MAY HAVE UP TO 36 MARIJUANA PLANTS GROWING IN A LOCATION
NOT SUBJECT TO PUBLIC VIEW WITHOUT OPTICAL AID; PERMITTING THE TRANSPORT OF
RECREATIONAL MARIJUANA OUT OF. PUBLIC VIEW; PERMITTING THE CONSUMPTION OF
RECREATIONAL MARIJUANA WHERESOEVER THE CONSUMPTION OF ALCOHOL IS PERMITTED;
PROVIDING THAT SALES OF RECREATIONAL MARIJUANA WILL BE SUBJECT TO EXISTING SALES
TAX, AND AN ADDITIONAL 5% RECREATIONAL MARIJUANA EXCISE TAX, AND A LOCAL SALES TAX
OF 2%; PERMITTING ANY ADULT OR BUSINESS ENTITY THAT IS 1500 FEET AWAY OR MORE FROM A
PUBLIC OR PRIVATE SCHOOL, CHURCH, OR DAYCARE MAY SELL RECREATIONAL MARIJUANA AND
PRODUCTS PRODUCED THEREFROM TO ANY ADULT PERSON 18 YEARS OF AGE OR OLDER WITH
PROOF OF AGE; LIMITING THE QUANTITY OF RECREATIONAL MARIJUANA PRODUCTS THAT CAN
BE SOLD PER DAY TO BUYERS PRESENTING AN OUT OF STATE PROOF OF AGE; PROVIDING THAT
THE RECREATIONAL MARIJUANA BEING SOLD IN THE FORM OF FOOD OR DRINK (A)SHALL NOT BE
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; PROVIDING PENALTIES FOR VIOLATIONS
PURSUANT TO THE AMENDMENT THAT INCLUDE (A) A FINE NOT TO EXCEED TWO-HUNDRED
DOLLARS ($200.00) FOR A FIRST TIME OFFENSE,(B) A CLASS C MISDEMEANOR CHARGE FOR
SECOND TIME OFFENSE WITH THE RECREATIONAL MARIJUANA LICENSE TO CULTIVATE,
PRODUCE AND SELL RECREATIONAL MARIJUANA SUSPENDED FOR ONE YEAR, AND (C) A CLASS
B MISDEMEANOR CHARGE FOR SUBSEQUENT OFFENSES WITH THE RECREATIONAL MARIJUANA
LICENSE TO CULTIVATE, PRODUCE, AND SELL RECREATIONAL MARIJUANA SUSPENDED FOR 5
YEARS AND PROVIDING THAT THE AMENDMENT (A) SHALL NOT BE CONSTRUED TO AFFECT THE
ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE USE OF RECREATIONAL
MARIJUANA BY EMPLOYEES, (B) SHALL NOT BE CONSTRUED TO PERMIT DRIVING UNDER THE
INFLUENCE OF MARIJUANA, (C) SHALL NOT BE CONSTRUED TO PERMIT THE TRANSFER OF
RECREATIONAL MARIJUANA TO ANYONE UNDER 18 YEARS OF AGE, (D) NOR PERMIT ANYONE
UNDER 18 YEARS OF AGE TO CULTIVATE, PRODUCE, SELL, DISTRIBUTE, TRANSPORT, POSSESS,
OR USE RECREATIONAL MARIJUANA, AND (E) SHALL NOT BE CONSTRUED TO LIMIT ANY
PRIVILEGES OR RIGHTS OF A QUALIFYING PATIENT, CAREGIVER, PHYSICIAN, OR LICENSED ENTITY IN REGARDS TO MEDICAL MARIJUANA PURSUANT TO THE ARKANSAS MEDICAL
MARIJUANA AMENDMENT OF 2016; PROVIDING THAT THE STATE SHALL BEGIN ISSUING
RECREATIONAL MARIJUANA LICENSES AND PLANT TAGS BY APRIL 19TH, 2019 SUCH LICENSES
AND TAGS SHALL NOT BE REQUIRED TO CULTIVATE, PRODUCE, AND SELL RECREATIONAL
MARIJUANA UPON THE EFFECTIVE DATE OF THIS AMENDMENT BUT SHALL BE REQUIRED AFTER
JUNE 19TH 2019.
Section I. The following is added as an amendment to the Arkansas Constitution
§1. Short Title
This is an amendment to the Arkansas Constitution that may be cited as "The Arkansas Recreational
Marijuana Amendment of 2018".
§ 2. Effective Date
This Amendment is effective on and after November 07, 2018.
§ 3. Definitions
The following terms are defined for the purposes of this amendment:
(a) "Adult" means a person who is eighteen years of age or older.
(b) "Business entity" means a person or group of persons, who are eighteen (18) years of age or older,
performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or
livelihood, whether for profit or not for profit.
(c) "Cultivator(s)" means an adult or business entity that is growing recreational marijuana plants.
(d) "Drive or Driving under the influence of marijuana" means operating a motorized vehicle on any public
road, highway, or street when the Delta-9-tetrahydrocannabinol (t.9THC) content of the operator's blood
exceeds fourteen nanograms per milliliter (14ng/ml).
(e) "Marijuana" or "Recreational 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 (t.9THC), and is cultivated to be used as an intoxicant.
(f) "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.
(g) "Marijuana related offense(s)" means a violation of the Uniformed Controlled Substances Act that
occurred prior to the effective date of this amendment for one or more of the following:
- Possession of marijuana;
- Possession with the intent to manufacture and deliver marijuana;
- Manufacturing, distributing, and delivering marijuana;
- Distributing or delivering marijuana in proximity of certain facilities;
- The unlawful use of a communication device as it pertains to the distribution of marijuana;
- Possession of marijuana paraphernalia.
(h) "Minor" means a person who is under the age of eighteen (18) years of age.
(i) "Products produced from recreational marijuana", "products produced therefrom", "products
therefrom" or "recreational marijuana products" means items and substances manufactured from
recreational marijuana, containing more than three tenths of one percent (0.3%) delta-9-tetrahydrocannabinol
(~9THC) and is used as an intoxicant for recreational purposes, and is consumed into the human body in the
form of food, drink, vapor, or smoke. (j) "Product producer(s)" means an adult or business entity that manufactures products from recreational
marijuana that is used as an intoxicant for recreational purposes.
(k) "Recreational marijuana excise tax" means a tax that is imposed upon the purchase of recreational
marijuana.
(I) "Recreational Marijuana License" or "marijuana license" means a registration card issued by the state
to an adult or business entity engaged in the cultivation, production, and sale of recreational marijuana and
products produced there from. 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 adult or business entity.
(m) "Recreational Marijuana Plant tags", "plant tags", or "tags" 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 barcoded 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.
(n) "Recreational purposes" means to be used as an intoxicant for the reason of enjoyment or pleasure.
(o) "Remuneration" means an act in which money is being paid to purchase recreational marijuana and or
products produced therefrom for recreational purposes.
(p) "Use recreational marijuana and products produced there from", "use recreational marijuana", or
"consume recreational marijuana" means to ingest, inhale, or otherwise introduce recreational marijuana
into the human body.
§4. The Regulation of Recreational Marijuana
On and after the effective date of this Amendment, the cultivation, production, distribution, sale, transport,
possession, and use of recreational marijuana and products produced therefrom by any adult or business
entity is 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 state shall begin issuing recreational marijuana licenses by April 19th 2019 to regulate the cultivation,
production, and sale of recreational marijuana in the state, and after June 19th 2019 all persons engaged in
the cultivation, production, and sale of recreational marijuana shall be required to have a recreational
marijuana license; - The cost of a recreational marijuana license shall not exceed thirty dollars ($30.00) per license per
year. - any adult or business entity shall qualify to obtain a recreational marijuana license, provided that;
A. He or she is a resident of the state;
B. The license is not suspended by the state for violating the provisions pursuant to this
amendment.
(b) The state shall begin issuing recreational marijuana plant tags by April 19th 2019 to regulate the cultivation
of recreational marijuana plants grown and produced in this state, and after June 19th 2019 all recreational
marijuana plants being grown in the state shall be required to have a plant tag. - The cost of a plant tag shall not exceed six dollars ($6.00) per tag,
- any cultivator who has a recreational marijuana license may obtain such tags,
- plant tags may be purchased in any quantity, but not to exceed thirty-six (36) plant tags per year per
licensed cultivator.
(c) On and after the effective date of this amendment any adult or business entity may cultivate recreational
marijuana, and produce products therefrom provided that: - Recreational 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. 2. All cultivators and product producers of recreational marijuana will be required to have a recreational
marijuana license after June 19th 2019. - The act of using flammable solvents to extract delta-9-tetrahydrocannabinol (t.9THC) from the
marijuana plant shall be prohibited in residential areas. - The quantity of recreational marijuana plants shall be limited to thirty-six (36) growing plants per
cultivator, but the quantity of the products produced from recreational marijuana shall not be limited,
provided that;
A. all recreational marijuana plants being grown in the state are required to have a plant tag after
June 19th 2019.
(d) On and after the effective date of this Amendment any adult or business entity may distribute, sell, and
purchase recreational marijuana and products produced there from provided that: - The location where recreational marijuana and products produced therefrom 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 - All products produced from recreational marijuana being sold is designed and packaged pursuant to §5
of this amendment. - All who sell recreational marijuana and products produced therefrom will be required to have a
recreational marijuana license after June 19th 2019. - All buyers of recreational marijuana provides proof of age with any valid state or out of state
identification card or driver's license prior to purchase, provided that;
A. Any adult or business entity that provides an out of state identification to purchase recreational
marijuana shall be limited to the following purchases per day:
(i) up to one-half ounce (1/2 oz) of smokable or vaporizable recreational marijuana, and
(ii) up to thirty-two ounces (32 oz) of edible or drinkable recreational marijuana.
(e) On and after the effective date of this Amendment any adult or business entity may transport recreational
marijuana and products produced therefrom provided that; - Recreational marijuana and products produced therefrom must not be subject to public view during
transport.
(f) On and after the effective date of this Amendment any adult or business entity may use recreational
marijuana and products produced therefrom wheresoever the consumption of alcohol is permitted, provided
that; - The owner(s) of the property does not prohibit such use.
(g) Penalties imposed by the state under this Amendment for violations pursuant to this section shall be as
follows; - First time offense: upon conviction is guilty of a violation, a penalty not greater than two-hundred dollars
($200) shall be imposed. - Second time 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 days (30) days in jail, and his or her
recreational marijuana license to cultivate, produce, and sell recreational marijuana and products
produced therefrom shall be suspended for one (1) year. - Third time or subsequent 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 his or
her recreational marijuana license to cultivate, produce, and sell recreational marijuana and products
produced therefrom shall be suspended for five (5) years.
§ 5. Recreational Marijuana Product Design, Packaging, and Labeling Requirements (a) All edible and drinkable products produced from recreational marijuana that is sold by any business entity
or adult shall; - Shall not be designed to be appealing to children or easily confused with commercially sold candy or
foods that do not contain marijuana. - Shall be produced and sold with a standardized dosage not to exceed ten (10) milligrams of
delta-9-tetrahydrocannabinol (A9THC) per serving. - Shall be delineated or scored into standardized serving sizes if the product contains more than one
serving and is in solid form. - Shall be homogenized to ensure uniform disbursement of delta-9-tetrahydrocannabinol (A9THC)'
throughout the product. - 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 recreational marijuana that is sold by any business
entity or adult; - Shall provide information on the packaging or labeling 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.
(c) All products produced from recreational marijuana that is distributed by any adult or business entity without
remuneration to any adult or business entity shall be exempt from the design, packaging, and labeling
requirements of this section.
§6. 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 entity or adult may manufacture, possess, and purchase marijuana paraphernalia, or may sell
marijuana paraphernalia to another business entity or adult, providing that; - the marijuana paraphernalia being sold that contains recreational marijuana is designed, packaged,
and labeled pursuant to §5 of this amendment, and - sellers of such marijuana paraphernalia will be required to have a recreational marijuana license after
June 19, 2019.
§7. Employers, Driving, Minors, Other Controlled Substances, and Medical Marijuana Privileges
(a) Nothing in this Amendment shall be construed to affect the ability of employers to have policies restricting
the use of recreational marijuana by employees.
(b) Nothing in this Amendment shall be construed to permit driving under the influence of marijuana.
(c) Nothing in this Amendment shall be construed to permit the transfer of recreational marijuana, with or
without remuneration, to a minor.
(d) Nothing in this Amendment shall be construed to permit a person under the age of eighteen (18) to
cultivate, produce, sell, possess, or use recreational marijuana.
(e) Nothing in this Amendment shall be construed 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 shall be construed to limit any privileges or rights of a qualifying patient,
caregiver, physician, or licensed entity pursuant to the Arkansas Medical Marijuana Amendment of 2016.
§8. Expungement of Prior Convictions for Marijuana Related Offenses (a) All convictions for a marijuana related offense, as defined in §3(g) of this amendment, shall be expunged
from all criminal records in this state.
(b) The State shall release from incarceration, probation, and parole all persons whose current and only
conviction(s) in which they are serving was for a marijuana related offense as defined in §3(g) of this
amendment.
§9. The Taxation and Distribution of Proceeds from the Sale of Recreational Marijuana
(a) The following taxes shall be imposed upon the purchase of recreational marijuana sold in Arkansas: - The Arkansas State Sales and Use Tax,
- a five percent (5%) recreational marijuana excise tax, and
- a two percent (2%) local sales tax.
(b) The distribution of tax revenues received by the Department of Finance and Administration from the sale of
recreational marijuana under this amendment may be determined by the general assembly.
§10. Conflicting Laws
The provisions of this Amendment are hereby declared to be severable, 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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