Arkansas voters will no longer have the chance to vote on a ballot initiative aimed at expanding medical marijuana after the state Supreme Court ruled the measure did not adequately explain its full implications. The ruling comes just two weeks before the election, with early voting already underway.
Despite being on the ballot, the court ordered that any votes cast on the measure will not be counted. The proposed constitutional amendment sought to broaden the definition of medical professionals eligible to certify patients for medical cannabis, expand qualifying conditions, and extend the validity of medical cannabis cards to three years.
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In a narrow 4-3 decision, the justices concluded that the measure failed to inform voters it would remove the Legislature’s ability to amend the 2016 law that legalized medical marijuana in Arkansas. “This decision doomed the proposed ballot title, and it is plainly misleading,” Justice Shawn Womack wrote in the majority opinion.
The court also noted the measure didn’t disclose that, if federal law changes to legalize marijuana, the amendment would allow up to an ounce of possession for any purpose in the state.
Supporters of the initiative expressed disappointment, arguing that the measure’s title had provided sufficient information. However, opposition group Protect Arkansas Kids, which intervened in the case, raised concerns over its wording.
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The ruling follows a dispute over signature requirements. Secretary of State John Thurston had initially said the initiative didn’t meet the signature threshold due to issues with paperwork for paid signature gatherers. The court, however, overturned this decision, ruling that state law allows for flexibility in who can act as sponsors of a measure.
Despite the setback, the group behind the initiative, Arkansans for Patient Access, vowed to continue advocating for the expansion of the medical marijuana program, pointing to widespread support based on signatures gathered.
The decision comes as several other states, including Florida, North Dakota, and South Dakota, prepare to vote on recreational marijuana initiatives this November, while Nebraska voters will consider two medical marijuana proposals.
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