Difference between revisions of "Arkansas Medical Cannabis Act (2014)"

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{{marijuana}}{{tnr}}An '''Arkansas Medical Marijuana Initiative''' may appear on a [[Arkansas 2014 ballot measures|2014 election ballot]] in [[Arkansas]] as an {{issfull}}.
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{{marijuana}}{{tnr}}The '''Arkansas Medical Cannabis Act''' may appear on a [[Arkansas 2014 ballot measures|2014 election ballot]] in [[Arkansas]] as an {{issfull}}. If the measure is approved by voters, medical marijuana would be legalized in the state, allowing patients with certain medical conditions to obtain marijuana from nonprofit dispensaries.<ref name=pot1>[http://thecabin.net/news/2013-08-09/ark-voters-could-see-multiple-marijuana-proposals#.UhOKIYXtjih ''TheCabin.net'', "Ark. voters could see multiple marijuana proposals," August 9, 2013]</ref><ref name=campaigndrops>[https://archive.today/7jIog ''Arkansas Democrat-Gazette'', "Pro-‘pot’ effort is step up in state: Legalization bid gains ballot title," June 5, 2014]</ref>
  
Two groups are currently attempting to land similar measures on a 2014 ballot. If a measure is approved by voters, medical marijuana would be legalized in the state, allowing patients with certain medical conditions to obtain marijuana from nonprofit dispensaries. Both measures have been cleared for circulation and are in the signature collection phase.<ref name=pot1>[http://thecabin.net/news/2013-08-09/ark-voters-could-see-multiple-marijuana-proposals#.UhOKIYXtjih ''TheCabin.net'', "Ark. voters could see multiple marijuana proposals," August 9, 2013]</ref>
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==Background==
 +
::''See also: [[Arkansas Medical Marijuana Question, Issue 5 (2012)]]''
 +
In November 2012, [[Arkansas Medical Marijuana Question, Issue 5 (2012)|Issue 5]], which would have legalized the medicinal use of marijuana in Arkansas, was defeated 51.44 percent to 48.56 percent. Due to the narrow margins, supporters of legalizing medical marijuana decided to try again in 2014.<ref name=pot1/>  
  
==Arkansans for Compassionate Care 2014==
+
Two groups were attempting to land similar measures on a 2014 ballot: Arkansans for Compassionate Care 2014 and Arkansans for Responsible Medicine. Unlike the 2012 measure, neither 2014 proposal would have allowed patients to grow their own marijuana. The later group decided to end their campaign for 2014 and, instead, focus on 2016.<ref name=campaigndrops/> According to Arkansans for Compassionate Care 2014, the two initiatives were similar, except the Arkansans for Responsible Medicine initiative did not contain a provision for hardship cultivation certification of low-income affordability.<ref name=ACC><[http://arcompassion.com/about-the-arkansas-medical-cannabis-act/read-the-arkansas-medical-cannabis-act/ Arkansans for Compassionate Care 2014 website, accessed March 5, 2014]</ref>
  
According to Arkansans for Compassionate Care 2014, the two initiatives are similar, except the Arkansans for Responsible Medicine initiative does not contain a provision for hardship cultivation certification of low-income affordability.<ref name=ACC><[http://arcompassion.com/about-the-arkansas-medical-cannabis-act/read-the-arkansas-medical-cannabis-act/ Arkansans for Compassionate Care 2014 website, accessed March 5, 2014]</ref>
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==Text of measure==
 +
===Popular title===
 +
The official popular title given to this initiative by the attorney general is "The Arkansas Medical Cannabis Act."<ref name=AGopionion>[http://ag.arkansas.gov/opinions/docs/2013-118.html?utm_source=PPC+News+%26+Notes+22&utm_campaign=Ballot+Issue&utm_medium=email ''Attorney General of Arkansas'', "Opinion No. 2013-118," October 3, 2013]</ref>
  
===Text of measure===
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===Ballot title===
====Ballot title====
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The following popular name and ballot title was approved for circulation by the attorney general:<ref name=AGopinion/>
The following popular name and ballot title was approved for circulation by the attorney general:<ref name=ACC/>
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{{Quote|An act making the medical use of marijuana legal under Arkansas state law, but acknowledging that marijuana use, possession, and distribution for any purpose remain illegal under federal law; establishing a system for the cultivation and distribution of marijuana for qualifying patients through nonprofit medical marijuana dispensaries and granting those nonprofit dispensaries limited immunity; providing for hardship cultivation certificates allowing limited cultivation of marijuana by qualifying patients who are physically incapable of accessing reasonable transportation to a nonprofit dispensary and who meet other requirements or by the designated caregivers of such qualifying patients; allowing localities to limit the number of nonprofit dispensaries and to enact reasonable zoning regulations governing their operations; providing that qualifying patients, their designated caregivers and nonprofit dispensary agents shall not be subject to criminal or civil penalties or other forms of discrimination for engaging in or assisting with the qualifying patients’ medical use of marijuana; allowing compensation for designated caregivers; requiring that in order to become a qualifying patient, a person submit to the state a written certification from a physician licensed in the State of Arkansas that he or she is suffering from a qualifying medical condition; establishing an initial list of qualifying medical conditions; directing the Department of Health to establish rules related to the processing of applications for registry identification cards and hardship cultivation certificates, the operations of nonprofit dispensaries, and the addition of qualifying medical conditions if such additions will enable patients to derive therapeutic benefit from the medical use of marijuana; setting maximum registration fees for nonprofit dispensaries; directing the Department of Health to establish a system to provide affordable marijuana from nonprofit dispensaries to low income patients; establishing qualifications for registry identification cards; establishing standards to ensure that qualifying patient and designated caregiver registration information is treated as confidential; directing the Department of Health to provide the legislature annual quantitative reports about the medical marijuana program; setting certain limitations on the use of medical marijuana by qualifying patients; establishing an affirmative defense for the medical use of marijuana; establishing registration and operation requirements for nonprofit dispensaries; setting limits on the number of nonprofit dispensaries; setting limits on the amount of marijuana a nonprofit dispensary may cultivate and the amount of usable marijuana a nonprofit dispensary may dispense to a qualifying patient; prohibiting certain conduct by and imposing certain conditions and requirements on physicians, nonprofit dispensaries, nonprofit dispensary agents, qualifying patients, and designated caregivers; prohibiting felons from serving as designated caregivers, owners, board members, or officers of nonprofit dispensaries, or as nonprofit dispensary agents; allowing visiting qualifying patients suffering from qualifying medical conditions to utilize the medical marijuana program; and directing the sales tax revenues received from the sale of marijuana to cover the costs to the Department of Health for administering the medical marijuana program and fifty (50%) of the remainder to the Newborn Umbilical Cord Initiative Fund and fifty percent (50%) to drug education programs administered through the Department of Human Services.}}
 
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{{Quote|
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'''Popular name:'''
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The Arkansas Medical Cannabis Act
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'''Ballot Title:'''
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An act making the medical use of marijuana legal under arkansas state law, but acknowledging that marijuana use, possession, and distribution for any purpose remain illegal under federal law; establishing a system for the cultivation and distribution of marijuana for qualifying patients through nonprofit medical marijuana dispensaries and granting those nonprofit dispensaries limited immunity; allowing localities to limit the number of nonprofit dispensaries and to enact zoning regulations governing their operations; providing that qualifying patients, their designated caregivers and nonprofit dispensary agents shall not be subject to criminal or civil penalties or other forms of discrimination for engaging in or assisting with the qualifying patients’ medical use of marijuana; allowing limited cultivation of marijuana by qualifying patients and designated caregivers if the qualifying patient and his or her designated caregiver lacks access to reasonable transportation to a nonprofit dispensary and obtains a hardship cultivation certificate from the department of health; allowing compensation for designated caregivers; requiring that in order to become a qualifying patient, a person submit to the state a written certification from a physician that he or she is suffering from a qualifying medical condition; establishing an initial list of qualifying medical conditions; directing the department of health to establish rules related to the processing of applications for registry identification cards, hardship cultivation certificates; the operations of nonprofit dispensaries, and the addition of qualifying medical conditions if such additions will enable patients to derive therapeutic benefit from the medical use of marijuana; setting maximum registration fees for nonprofit dispensaries; directing the department of health to establish a system to provide affordable marijuana from nonprofit dispensaries to low income patients; establishing qualifications for registry identification cards; establishing qualifications for hardship cultivation certificates; establishing standards to ensure that qualifying patient and designated caregiver registration information is treated as confidential; directing the department of health to provide the legislature annual quantitative reports about the medical marijuana program; setting certain limitations on the use of medical marijuana by qualifying patients; establishing an affirmative defense for the medical use of marijuana; establishing registration and operation requirements for nonprofit dispensaries; setting limits on the number of nonprofit dispensaries; setting limits on the amount of marijuana a nonprofit dispensary may cultivate and the amount of usable marijuana a nonprofit dispensary may dispense to a qualifying patient; prohibiting certain conduct by and imposing certain conditions and requirements on physicians, nonprofit dispensaries, nonprofit dispensary agents, qualifying patients, and designated caregivers; prohibiting felons from serving as desginated caregivers, owners, board members, or officers of nonprofit dispensaries, or as nonprofit dispensary agents; allowing visiting qualifying patients suffering from qualifying medical conditions to utilize the arkansas medical marijuana program; and directing the sales tax revenues received from the sale of marijuana to cover the costs to the department of health for administering the medical marijuana program and fifty percent (50%) of the remainder to the newborn umbilical cord initiative fund and fifty percent (50%) to drug education programs administered through the department of human services.}}
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==Arkansans for Responsible Medicine==
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The proposal by Arkansans for Responsible Medicine was approved on August 7, 2013, and has the same deadline to collect the required 62,507 signatures.<ref name=cabin>[http://thecabin.net/news/2013-08-09/ark-voters-could-see-multiple-marijuana-proposals#.UxciefldVw6 ''The Cabin'', "Ark. voters could see multiple marijuana proposals," August 9, 2013]</ref><ref name=ARM>[http://arkansansformedicalcannabis.info/ Arkansans for Medical Cannabis website, accessed March 5, 2014]</ref>
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===Text of measure===
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====Ballot title====
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The following popular name and ballot title were certified for this initiative effort by the attorney general:<ref name=TEXT2>[http://ag.arkansas.gov/opinions/docs/2013-081.html ''Attorney General website'', "Letter in response to popular name and title certification request," August 6, 2013]</ref>
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{{Quote|
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'''Popular Name:'''
+
 
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The Arkansas Medical Marijuana Act
+
 
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'''Ballot Title:'''
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An act making the medical use of marijuana legal under Arkansas state law, but acknowledging that marijuana use, possession, and distribution for any purpose remain illegal under federal law; establishing a system for the cultivation, acquisition and distribution of marijuana for qualifying patients through nonprofit medical marijuana dispensaries and granting those nonprofit dispensaries limited immunity; allowing localities to limit the number of nonprofit dispensaries and to enact reasonable zoning regulations governing their operations; providing that qualifying patients, and nonprofit dispensary agents shall not be subject to criminal or civil penalties or other forms of discrimination for engaging in or assisting with the patients’ medical use of marijuana; requiring that in order to become a qualifying patient, a person submit to the state a written certification from a physician licensed in the State of Arkansas that he or she is suffering from a qualifying medical condition; establishing an initial list of qualifying medical conditions; directing the Department of Health to establish rules related to the processing of applications for registry identification cards, the operations of nonprofit dispensaries, and the addition of qualifying medical conditions if such additions will enable patients to derive therapeutic benefit from the medical use of marijuana; setting initial maximum application fees for nonprofit dispensaries; establishing qualifications for registry identification cards; establishing standards to ensure that qualifying patient registration information is treated as confidential; directing the Department of Health to provide the Legislature annual quantitative reports about the Medical Marijuana Program; setting certain limitations on the use of medical marijuana by qualifying patients; establishing an affirmative defense for the medical use of marijuana; establishing registration and operation requirements for nonprofit dispensaries; setting limits on the amount of marijuana a nonprofit dispensary may cultivate and the amount of marijuana a nonprofit dispensary may dispense to a qualifying patient; prohibiting certain conduct by imposing certain conditions and requirements on physicians, nonprofit dispensaries, nonprofit dispensary agents, and qualifying patients; establishing a list of felony offenses which preclude certain types of participation in the Medical Marijuana Program; providing that the sale of usable marijuana is subject to all state and local sales taxes; and providing that the state sales tax revenue shall be distributed 25% to the Newborn Umbilical Cord Blood Bank, 25% to the Arkansas Historic Preservation Fund (established by the act), 25% to the Public Health Fund and 25% to the Behavioral Health Services Fund Account.}}  
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==Background==
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In November 2012, [[Arkansas Medical Marijuana Question, Issue 5 (2012)|Issue 5]], which would have legalized the medicinal use of marijuana in Arkansas, was defeated 51.44% to 48.56%. Due to the narrow margins, supporters of legalizing medical marijuana decided to try again in 2014.<ref name=pot1/>
+
  
 
==Support==
 
==Support==
There are currently two groups sponsoring separate but similar medical marijuana measures for 2014. One group, Arkansans for Responsible Medicine, had its petition certified for circulation by [[Dustin McDaniel|Attorney General Dustin McDaniel]]. The second group, Arkansans for Compassionate Care 2014 - a spinoff of the group that sponsored the 2012 medical marijuana measure - is revising its proposal after McDaniel rejected its initial petition due to "ambiguities." Unlike the 2012 measure, neither 2014 proposal would allow patients to grow their own marijuana.<ref name=pot1/>   
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Arkansans for Compassionate Care 2014 - a spinoff of the group that sponsored the 2012 medical marijuana measure - is revising its proposal after McDaniel rejected its initial petition due to "ambiguities." <ref name=pot1/>   
 +
===Supporters===
 +
* Gary Melissa Fults, president<ref>[https://archive.today/l6ZhN ''Arkansas Democrat-Gazette'', "Medical ‘pot’ push strictly volunteer in 2014," May 25, 2014]</ref>
 +
* Melissa Fults, campaign director
 +
* Michael Cary, southwestern canvassing director
 +
* James Smith, signature gatherer
  
 
==Path to the ballot==
 
==Path to the ballot==
 
::''See also: [[Laws governing the initiative process in Arkansas]]''
 
::''See also: [[Laws governing the initiative process in Arkansas]]''
For an initiated state statute, signatures equal to at least 8% of the total number of votes cast for the office of governor in the last gubernatorial election are required. Supporters must collect at least [[Laws_governing_the_initiative_process_in_Arkansas#Number_required|62,507 valid signatures]] by [[BC#July|July 7, 2014]] in order to land a measure on the ballot.
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For an initiated state statute, signatures equal to at least 8 percent of the total number of votes cast for the office of governor in the last gubernatorial election are required. Supporters must collect at least [[Laws_governing_the_initiative_process_in_Arkansas#Number_required|62,507 valid signatures]] by [[BC#July|July 7, 2014]] in order to land a measure on the ballot.
  
 
==Similar measures==
 
==Similar measures==
Line 58: Line 39:
 
==External links==
 
==External links==
 
{{submit a link}}
 
{{submit a link}}
* [http://arkansansformedicalcannabis.info/ Arkansans for Medical Cannabis website]
 
 
* [http://arcompassion.com/about-the-arkansas-medical-cannabis-act/read-the-arkansas-medical-cannabis-act/ Arkansans for Compassionate Care 2014 website]
 
* [http://arcompassion.com/about-the-arkansas-medical-cannabis-act/read-the-arkansas-medical-cannabis-act/ Arkansans for Compassionate Care 2014 website]
 +
 +
==Additional reading==
 +
*  [https://archive.today/l6ZhN ''Arkansas Democrat-Gazette'', "Medical ‘pot’ push strictly volunteer in 2014," May 25, 2014]
  
 
==References==
 
==References==

Revision as of 12:11, 20 June 2014

Voting on Marijuana
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Ballot Measures
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Not on ballot
The Arkansas Medical Cannabis Act may appear on a 2014 election ballot in Arkansas as an initiated state statute. If the measure is approved by voters, medical marijuana would be legalized in the state, allowing patients with certain medical conditions to obtain marijuana from nonprofit dispensaries.[1][2]

Background

See also: Arkansas Medical Marijuana Question, Issue 5 (2012)

In November 2012, Issue 5, which would have legalized the medicinal use of marijuana in Arkansas, was defeated 51.44 percent to 48.56 percent. Due to the narrow margins, supporters of legalizing medical marijuana decided to try again in 2014.[1]

Two groups were attempting to land similar measures on a 2014 ballot: Arkansans for Compassionate Care 2014 and Arkansans for Responsible Medicine. Unlike the 2012 measure, neither 2014 proposal would have allowed patients to grow their own marijuana. The later group decided to end their campaign for 2014 and, instead, focus on 2016.[2] According to Arkansans for Compassionate Care 2014, the two initiatives were similar, except the Arkansans for Responsible Medicine initiative did not contain a provision for hardship cultivation certification of low-income affordability.[3]

Text of measure

Popular title

The official popular title given to this initiative by the attorney general is "The Arkansas Medical Cannabis Act."[4]

Ballot title

The following popular name and ballot title was approved for circulation by the attorney general:[5]

An act making the medical use of marijuana legal under Arkansas state law, but acknowledging that marijuana use, possession, and distribution for any purpose remain illegal under federal law; establishing a system for the cultivation and distribution of marijuana for qualifying patients through nonprofit medical marijuana dispensaries and granting those nonprofit dispensaries limited immunity; providing for hardship cultivation certificates allowing limited cultivation of marijuana by qualifying patients who are physically incapable of accessing reasonable transportation to a nonprofit dispensary and who meet other requirements or by the designated caregivers of such qualifying patients; allowing localities to limit the number of nonprofit dispensaries and to enact reasonable zoning regulations governing their operations; providing that qualifying patients, their designated caregivers and nonprofit dispensary agents shall not be subject to criminal or civil penalties or other forms of discrimination for engaging in or assisting with the qualifying patients’ medical use of marijuana; allowing compensation for designated caregivers; requiring that in order to become a qualifying patient, a person submit to the state a written certification from a physician licensed in the State of Arkansas that he or she is suffering from a qualifying medical condition; establishing an initial list of qualifying medical conditions; directing the Department of Health to establish rules related to the processing of applications for registry identification cards and hardship cultivation certificates, the operations of nonprofit dispensaries, and the addition of qualifying medical conditions if such additions will enable patients to derive therapeutic benefit from the medical use of marijuana; setting maximum registration fees for nonprofit dispensaries; directing the Department of Health to establish a system to provide affordable marijuana from nonprofit dispensaries to low income patients; establishing qualifications for registry identification cards; establishing standards to ensure that qualifying patient and designated caregiver registration information is treated as confidential; directing the Department of Health to provide the legislature annual quantitative reports about the medical marijuana program; setting certain limitations on the use of medical marijuana by qualifying patients; establishing an affirmative defense for the medical use of marijuana; establishing registration and operation requirements for nonprofit dispensaries; setting limits on the number of nonprofit dispensaries; setting limits on the amount of marijuana a nonprofit dispensary may cultivate and the amount of usable marijuana a nonprofit dispensary may dispense to a qualifying patient; prohibiting certain conduct by and imposing certain conditions and requirements on physicians, nonprofit dispensaries, nonprofit dispensary agents, qualifying patients, and designated caregivers; prohibiting felons from serving as designated caregivers, owners, board members, or officers of nonprofit dispensaries, or as nonprofit dispensary agents; allowing visiting qualifying patients suffering from qualifying medical conditions to utilize the medical marijuana program; and directing the sales tax revenues received from the sale of marijuana to cover the costs to the Department of Health for administering the medical marijuana program and fifty (50%) of the remainder to the Newborn Umbilical Cord Initiative Fund and fifty percent (50%) to drug education programs administered through the Department of Human Services.[6]

Support

Arkansans for Compassionate Care 2014 - a spinoff of the group that sponsored the 2012 medical marijuana measure - is revising its proposal after McDaniel rejected its initial petition due to "ambiguities." [1]

Supporters

  • Gary Melissa Fults, president[7]
  • Melissa Fults, campaign director
  • Michael Cary, southwestern canvassing director
  • James Smith, signature gatherer

Path to the ballot

See also: Laws governing the initiative process in Arkansas

For an initiated state statute, signatures equal to at least 8 percent of the total number of votes cast for the office of governor in the last gubernatorial election are required. Supporters must collect at least 62,507 valid signatures by July 7, 2014 in order to land a measure on the ballot.

Similar measures

See also

External links

BP-Initials-UPDATED.png
Suggest a link

Additional reading

References