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Arkansas Hemp and Marijuana Legalization Amendment (2016)
| Arkansas Marijuana Legalization Amendment | |
|---|---|
 | |
| Type | initiated constitutional amendment |
| Origin | Citizens |
| Topic | Marijuana |
| Status | Not on the ballot |
| Not on Ballot |
|---|
 |
| This measure was not put on an election ballot |
The Arkansas Hemp and Marijuana Legalization Amendment did not make the 2016 ballot in Arkansas as an initiated constitutional amendment.
If approved by voters, the measure would have legalized the "cultivation, production, distribution, sale, possession, and use of the cannabis plant...and all products derived from the cannabis plant." Furthermore, it would have allowed people to grow up to 36 plants. Sale to and use by people under the age of 21 would have been prohibited.[1][2]
Text of measure
Popular name
The official popular name given to this measure by the attorney general was THE ARKANSAS HEMP AND MARIJUANA AMENDMENT.[1]
Ballot title
The official ballot title given to this initiative by the attorney general was as follows:[1]
| Arkansas Constitution |
|---|
|
| Preamble |
| Articles |
| 1 • 2 • 3 • 4 • 5 • 6 • 7 • 8 • 9 • 10 • 11 • 12 • 13 • 14 • 15 • 16 • 17 • 18 • 19 • 20 • Schedule • Proclamation |
| Amendments |
| “ | An amendment proposed by the people to the Arkansas Constitution to provide, effective April 20, 2017, that the cultivation, production, distribution, sale, possession, and use of the cannabis plant (genus cannabis) and all products derived from the cannabis plant are lawful within the entire geographic area of every county of this State; that for purposes of the amendment “hemp” means any part of the cannabis plant, living or not, containing one percent or less, by dry weight, Delta-9-Tetrahydrocannabinol (Delta-9-THC), and “marijuana” means any part of the cannabis plant, living or not, containing more than one percent, by dry weight, Delta-9-THC; that the listed activities with respect to hemp for personal, industrial, or commercial use may be regulated but not prohibited, provided that the quantity and size of plants cultivated and the products produced shall not be limited or prohibited; that the listed activities with respect to marijuana for personal, industrial, or commercial use by any person 21 years of age or older are lawful in this State and may be regulated but not prohibited, provided that (1)(a) the cost of a license that shall be required by the State to authorize and regulate the cultivation, production, distribution, and sale of marijuana and products containing marijuana shall not exceed $250.00 per year; (b) any person 21 years of age or older shall qualify to obtain such license; and (c) there shall be no limit to the number of licenses issued in this State; (2) the quantity of plants cultivated shall be limited to 36 growing plants per qualified person, but the size of plants cultivated and the products produced shall not be limited or prohibited; (3) the State excise tax imposed on the sale of marijuana and products containing marijuana shall not exceed five percent; and (4) the use of marijuana and products containing marijuana shall not be prohibited to any person under 21 years of age whose physician has prescribed it; and that all laws that conflict with the amendment are repealed to the extent that they conflict with the amendment. Voters should note that the listed activities with respect to the cannabis plant are unlawful under federal law and that the amendment can have no effect on federal law.
Section 1. This is an amendment to the Arkansas Constitution that shall be called "The Arkansas Hemp and Marijuana Amendment." Section 2. Effective April 20, 2017, the cultivation, production, distribution, sale, possession and use of the cannabis plant (genus cannabis) and all products derived from the cannabis plant (genus cannabis) shall be lawful within the entire geographic area of each and every county of this State. Section 3. “Hemp”is defined for purposes of this amendment as any part of the cannabis plant (genus cannabis), living or not, containing one percent or less, by dry weight, Delta-9-tetrahydrocannabinol (Delta-9-THC). Section 4. “Marijuana” is defined for purposes of this amendment as any part of the cannabis plant (genus cannabis), living or not, containing greater than one percent, by dry weight, Delta-9-tetrahydrocannabinol (Delta-9-THC). Section 5. The cultivation, production, distribution, sale, possession and use of hemp for personal, industrial, or commercial use may be regulated, but not prohibited, subject to the following condition: (a.) The quantity and size of plants cultivated and the products produced shall not be limited or prohibited. Section 6. The cultivation, production, distribution, sale, possession and use of marijuana for personal, industrial, or commercial use by any person twenty-one (21) years of age and older is lawful in this state and may be regulated, but not prohibited, subject to the following conditions: (a.) The cost of a license that shall be required by the state to authorize and regulate the cultivation, production, distribution, and the sale of marijuana and products containing marijuana shall not exceed two-hundred and fifty dollars ($250.00) per license per year, and any person twenty-one (21) years of age and older shall qualify to obtain such license, and there shall be no limit to the number of license issued in this state. (b.) The quantity of plants cultivated shall be limited to thirty-six (36) growing plants per qualified person, but the size of plants cultivated and the products produced shall not be limited or prohibited. (c.) The State excise tax imposed upon the sale of marijuana and products containing marijuana shall not exceed five percent (5%). (d.) The use of marijuana and products containing marijuana shall not be prohibited to any person under twenty-one (21) years of age whose physician has prescribed it. Section 7. All laws which conflict with this amendment are hereby repealed to the extent that they conflict with this amendment.[3] |
” |
Support
The group Arkansas C.A.L.M. was sponsoring this measure.[1]
Path to the ballot
To place an initiated constitutional amendment on the ballot, petitioners were required to submit signatures equal to at least 10 percent of the total number of votes cast for the office of governor in the last gubernatorial election. Further, proponents were required to collect signatures equaling at least 5 percent of the previous gubernatorial votes in at least 15 of the state's counties. For example, if 1,000 people voted for governor in a county, the signatures of 50 qualified electors would have been required. Signatures were not submitted by the July 8, 2016, deadline.
Related measures
- Arkansas Medical Marijuana Act (2014)
- Arkansas Hemp and Cannabis Amendment (2014)
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Arkansas C.A.L.M., "The Arkansas Hemp and Marijuana Amendment," accessed January 20, 2015
- ↑ The Daily Chronic, "Arkansas Attorney General Approves Marijuana Legalization Initiative," November 12, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
