Why did the Arkansas AG reject the 2018 Arkansas True Grass recreational marijuana ballot title?

Plain-English summary

Mary L. Berry submitted a 2018 recreational marijuana constitutional amendment on behalf of the Arkansas True Grass Ballot Question Committee. The amendment would have permitted cultivation, production, distribution, sale, possession, and use of marijuana for recreational purposes by Arkansas adults. AG Leslie Rutledge rejected it for fundamental ambiguities in the proposal text.

The opinion repeats a refrain that runs through the 2018 cannabis-amendment cluster: the AG can substitute a clearer ballot title where the underlying measure is sound, but the AG cannot rewrite the measure itself. Sponsors who submit ambiguous proposals get sent back to do the drafting work. The opinion also cites Ark. Code Ann. § 25-16-701, which prohibits the AG from engaging in the private practice of law, as another reason the AG is not the sponsor's drafter.

This is one of multiple competing 2018 Arkansas recreational marijuana proposals. None qualified for the November 2018 ballot. A different recreational marijuana amendment finally reached the Arkansas ballot in 2022 (Issue 4) and was rejected by voters.

Currency note

This opinion was issued in 2018. 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.

Federal cannabis classification, the Arkansas Medical Marijuana Amendment's implementing rules, and the AG's ballot-title review standards have all evolved since 2018. Anyone working on a current Arkansas cannabis initiative or assessing existing rights under Amendment 98 should consult current law.

Common questions

What was Arkansas True Grass?

A ballot question committee organized in 2018 to advance the recreational marijuana constitutional amendment described in this opinion. Like other Arkansas BQCs, it had to clear AG review before circulating petitions. It did not.

Why does the AG say drafting is the sponsor's responsibility?

Because Section 7-9-107 contemplates that the AG reviews what the sponsor presents. If the AG had to draft the underlying measure for the sponsor, the AG would effectively be deciding the policy of the proposed amendment. Ark. Code Ann. § 25-16-701 also bars the AG from engaging in the private practice of law, which is what acting as the sponsor's drafter would amount to.

What is the practical lesson for Arkansas ballot sponsors?

If you want the AG to certify your popular name and ballot title, present a proposal that is internally consistent and unambiguous. The AG can clean up a clumsy summary; the AG cannot fix a measure whose meaning is unclear.

Did any Arkansas cannabis amendment make it to the 2018 ballot?

No. Multiple 2018 cannabis amendments (this one, Reed's 2018-051, Hall's 2018-047, and others) all failed AG review or failed to gather enough signatures. Arkansas's Medical Marijuana Amendment (Amendment 98) had been approved in 2016, but no 2018 expansion or recreational amendment qualified.

Why does the AG include the citation to § 25-16-701 here?

To anchor the procedural point: when the AG declines to draft a substitute ballot title, that refusal is grounded in the statutory framework. Ark. Code Ann. § 25-16-701 prohibits the AG from engaging in the private practice of law for any client. Acting as a private sponsor's drafter would cross that line.

Background and statutory framework

The standard for AG certification is the well-developed Arkansas Supreme Court framework: ballot titles must "adequately inform" voters and enable a "reasoned decision in the voting booth" (Lange v. Martin); a ballot title cannot stand if the measure's text creates a disconnect between title and content (Roberts v. Priest); essential facts must be disclosed (Bailey v. McCuen).

The statutory framework limiting the AG's role:

• Ark. Code Ann. § 7-9-107: the AG can certify, substitute and certify, or reject the entire submission.
• Ark. Code Ann. § 25-16-701: the AG cannot engage in the private practice of law, which constrains how far the AG can go in helping sponsors fix defective measures.

Citations

• Ark. Code Ann. § 7-9-107 (Supp. 2017)
• Ark. Code Ann. § 25-16-701
• Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994)
• Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154
• Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000)
• Op. Att'y Gen. 2017-032 (citing § 25-16-701 for AG's drafting limits)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2018-046
May 4, 2018
Ms. Mary L. Berry, Officer
STATE OF ARKANSAS
ATTORN EY GENERAL
LES LI E RUTLEDGE
Arkansas True Grass Ballot Question Committee
Post Office Box 511
Summit, AR 72677
Dear Ms. Berry:
I am writing in response to your request for certification, pursuant to Ark. Code
Ann. § 7-9-107 (Supp. 2017), 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 a decision to certify or reject.
Arkansas Code Annotated § 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, if practicable, or 3) reject the entire submission if "the ballot
title, or 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 or act. 2 In this way, voters will
have a fair understanding of the issues presented by referenced to the ballot title
alone.3
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
( 1948).
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. A RKANSAS 72201
TELEPHONE (501) 682-2007 · FAX (501) 682-8084
ARKANSASAG.GOV Ms. Mary L. Berry, Officer
Arkansas True Grass BQC
Opinion No. 2018-046
Page 2
When 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
proposal."4 The Arkansas Supreme Court has explained that ballot titles are
legally insufficient unless they "adequately inform" voters and enable a "reasoned
decision in the voting booth."5 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.6 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."7 And 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 one submitted is wholly deficient. Nor does the statute require that I modify
the proposed measure itself, in order to then summarize its text in a suitable ballot
title. 8 Instead, crafting and accurately summarizing the measure are the sponsor's
responsibilities 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
4 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994) (internal quotation omitted).
5 Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154, at n. 2.
6 Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000).
7 Id.
8 See Op. Att'y Gen. 2017-032 (citing Ark. Code Ann. § 25-16-701, which prohibits the Attorney
General from engaging in the private practice of law). Ms. Mary L. Berry, Officer
Arkansas True Grass BQC
Opinion No. 2018-046
Page 3
Ballot Title
An Amendment to the Arkansas Constitution concernmg the
cannabis plant, and in connection therewith, permitting the
cultivation, production, distribution, sale, possession and use of
marijuana and products produced therefrom for recreational
purposes by adults, 18 years of age or older; recognizing that such
activity remain [sic] unlawful under federal law; providing for the
expungement of all marijuana related convictions from criminal
records that were imposed under the Arkansas Uniformed Controlled
Substances Act prior to the enactment of this Amendment; providing
for the release of persons from incarceration, probation, and parole
whose current and only convictions were for violating the State law
in regards to marijuana; defining recreational marijuana [sic]
containing more than 0.3% THC; providing that a business entity or
an adult may cultivate, produce, distribute, sell, purchase, transport,
and use recreational marijuana and products produced therefrom;
providing that a person 18 years of age or older, or business entity
may cultivate marijuana plants in a location not subject to public
view without optical aid; providing that any location where more
than a total of 12 marijuana plants is being grown for recreational
purposes, the location is [sic] registered with the county sheriffs
office in the county in which the plants are being grown; 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 [sic]
sell recreational marijuana and products produced therefrom to an
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 that is 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 Ms. Mary L. Berry, Officer
Arkansas True Grass BQC
Opinion No. 2018-046
Page 4
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 the second time offense with
the right to cultivate, produce and sell relinquished for one year, and
(c) a Class B misdemeanor charges [sic] for subsequent offenses
with the right to cultivate, produce, and sell recreational marijuana
relinquished 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.
RESPONSE
My statutory duty is to certify, substitute and certify, or reject the entire proposal
submitted. Your submission has a fundamental shortcoming that requires me to
reject the ballot title, popular name, and proposed measure as drafted.
Your current submission appears to be an amalgam of multiple earlier
recreational-marijuana submissions to this office. Every section in this submission
has been previously addressed and rejected in previous Attorney General opinions
due to textual ambiguities. The language is either identical or virtually identical to
previously rejected language.9
The constitutional amendment you are proposing involves a convoluted state-wide
decriminalization scheme that purports to include some regulatory oversight. In
my opinion, the proposal is fundamentally ambiguous to the extent that it
9 For example, the current proposal states in section 4 that the identified marijuana-related
activities "shall be lawful . . . and shall be regulated by the state" and that "penalties" may be
imposed for violations. But my office has rejected previous, very similar proposals where the
regulatory scheme and legality of the identified activities were unclear. E.g., Ops. Att'y Gen.
2017-012, 2015-132. Ms. Mary L. Berry, Officer
Arkansas True Grass BQC
Opinion No. 2018-046
Page 5
precludes the crafting of a ballot title that will satisfy the Court's test for ballot
title sufficiency.
CONCLUSION
My office is not charged with any role in drafting initiated amendments or acts.
Nor can I advise individual sponsors, who must vet their proposed measures,
popular names, and ballot titles to ensure they meet the criteria established by
section 7-9-107 and the Arkansas Supreme Court. Your submission falls short of
these criteria. I must therefore reject your ballot title, popular name, and proposed
measure.
Sincerely,
~~~ ~· /,#17
LESLIE RUTLEDGE
Attorney General
Enclosure (POPULAR NAME)
THE ARKANSAS RECREATIONAL MARIJUANA AMENDMENT
(BALLOT TITLE)
AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE CANNABIS PLANT, AND IN
CONNECTION THEREWITH, PERMITTING THE CULTIVATION, PRODUCTION, DISTRIBUTION, SALE,
POSSESSION AND USE OF MARIJUANA AND PRODUCTS PRODUCED THEREFROM FOR
RECREATIONAL PURPOSES BY ADULTS, 18 YEARS OF AGE OR OLDER; RECOGNIZING THAT SUCH
ACTIVITY REMAIN UNLAWFUL UNDER FEDERAL LAW; PROVIDING FOR THE EXPUNGEMENT OF
ALL MARIJUANA RELATED CONVICTIONS FROM CRIMINAL RECORDS THAT WERE IMPOSED UNDER
THE ARKANSAS UNIFORMED CONTROLLED SUBSTANCES ACT PRIOR TO THE ENACTMENT OF
THIS AMENDMENT; PROVIDING FOR THE RELEASE OF PERSONS FROM INCARCERATION,
PROBATION, AND PAROLE WHOSE CURRENT AND ONLY CONVICTIONS WERE FOR VIOLATING THE
STATE LAW IN REGARDS TO MARIJUANA; DEFINING RECREATIONAL MARIJUANA CONTAINING
MORE THAN 0.3% THC; PROVIDING THAT A BUSINESS ENTITY OR AN ADULT MAY CULTIVATE,
PRODUCE, DISTRIBUTE, SELL, PURCHASE, TRANSPORT, AND USE RECREATIONAL MARIJUANA
AND PRODUCTS PRODUCED THEREFROM; PROVIDING THAT A PERSON 18 YEARS OF AGE OR
OLDER, OR BUSINESS ENTITY MAY CULTIVATE MARIJUANA PLANTS IN A LOCATION NOT SUBJECT
TO PUBLIC VIEW WITHOUT OPTICAL AID; PROVIDING THAT ANY LOCATION WHERE MORE THAN A
TOTAL OF 12 MARIJUANA PLANTS IS BEING GROWN FOR RECREATIONAL PURPOSES, THE
LOCATION IS REGISTERED WITH THE COUNTY SHERIFF'S OFFICE IN THE COUNTY IN WHICH THE
PLANTS ARE BEING GROWN; 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 AN 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 THAT IS 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 RIGHT TO CULTIVATE, PRODUCE AND SELL RELINQUISHED FOR
ONE YEAR, AND (C) A CLASS B MISDEMEANOR CHARGES FOR SUBSEQUENT OFFENSES WITH THE
RIGHT TO CULTIVATE, PRODUCE, AND SELL RECREATIONAL MARIJUANA RELINQUISHED 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
UNDER18
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.
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".
§ 2. Effective Date.
This amendment is effective on and after November 7th 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) "Cultivation location" or "location" means the physical address where marijuana is being grown for
recreational purposes.
(d) "Cultivator" means an adult or business entity that is growing recreational marijuana plants.
(e) "Driving under the influence of marijuana" means operating a motorized vehicle on any public road,
highway, or street when the Delta-9-tetrahydrocannabinol (Ll9THC) content of the operator's blood exceeds
fourteen nanograms per milliliter (14ng/ml).
(f) "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 (Ll9THC), and is cultivated to be used as an intoxicant.
(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 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:
1) Possession of marijuana;
2) Possession with the intent to manufacture and deliver marijuana;
3) Manufacturing, distributing, and delivering marijuana;
4) Distributing or delivering marijuana in proximity of certain facilities;
5) The unlawful use of a communication device as it pertains to the distribution of marijuana;
6) Possession of marijuana paraphernalia.
(i) "Minor" means a person who is under the age of eighteen (18) years of age.
U) "Products produced from recreational marijuana", "products produced therefrom", or "products therefrom"
means items and substances manufactured from recreational marijuana, containing more than three tenths of
one percent (0.3%) delta-9-tetrahydrocannabinol (Ll9THC) 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.
(k) "Recreational marijuana excise tax" means a tax that is imposed upon the purchase of recreational
marijuana.
(I) "Recreational purposes" means to be used as an intoxicant for the reason of enjoyment or pleasure.
(m) "Remuneration" means an act in which money is being paid to purchase recreational marijuana and or
products produced therefrom for recreational purposes. (n) "Use recreational marijuana and products produced therefrom", "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
The cultivation, production, distribution, sale, transport, 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) Any adult or business entity may cultivate recreational marijuana, and produce products therefrom provided
that:
1) 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) Any location where there are more than a total of twelve (12) marijuana plants being grown by
one or more cultivators, the location is to be registered with the county sheriffs office in the
county in which the plants are being grown, provided that:
A. the cost to register the cultivation location shall not exceed two-hundred and fifty
dollars ($250.00) per year per location.
3) The act of using flammable solvents to extract delta-9-tetrahydrocannabinol (L'l9THC) from the
marijuana plant shall be prohibited in residential areas.
(b) Any adult or business entity may distribute, sell, and purchase recreational marijuana and products
produced therefrom provided that:
1) All buyers of recreational marijuana provides proof of age with any valid state identification card
or any state driver's license prior to purchase, provided that;
A. Any adult or business entity who 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.
2) 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
3) All products produced from recreational marijuana being sold is designed and packaged
pufsuant to §5 of this amendment.
(c) Any adult or business entity may transport recreational marijuana and products produced therefrom
provided that;
1) Recreational marijuana and products produced therefrom must not be subject to public view
during transport.
(d) Any adult or business entity may use recreational marijuana and products produced therefrom wheresoever
the consumption of alcohol is permitted, provided that;
1) The owner(s) of the property does not prohibit such use.
(e) Penalties imposed by the state for violations pursuant to this amendment shall include the following:
1) First time offense: upon conviction is guilty of a violation, a penalty not greater than two-hundred
dollars ($200) shall be imposed.
2) 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 right to
cultivate, produce, and sell recreational marijuana and products produced therefrom shall be
relinquished for one (1) year.
3) Third time or subsequent offense: upon conviction is guilty of a Class 8 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 right to cultivate, produce, and sell recreational marijuana and products produced therefrom shall
be relinquished for five (5) years. § 5. Recreational marijuana product design, packaging and labeling.
(a) All edible and drinkable products produced from recreational marijuana that is sold by any business entity
or adult 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 recreational marijuana that is sold by any business
entity or adult;
1) 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
Any adult or business entity may manufacture, possess, and purchase marijuana paraphernalia, or may sell
marijuana paraphernalia to another adult or business entity, providing that such paraphernalia sold that
contains recreational marijuana is designed, packaged, and labeled pursuant to §5 of this amendment.
§7. Employers, driving, minors, 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(h) 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(h) of this
amendment.
§9. Taxation and distribution of proceeds from the sale of recreational marijuana.
(a) The following taxes shall be imposed upon the purchase of recreational marijuana 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 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.