Help us improve in just 2 minutes—share your thoughts in our reader survey.
Arkansas Issue 3, Medical Marijuana Expansion Initiative (2024)
Arkansas Medical Marijuana Expansion Initiative | |
---|---|
![]() | |
Election date November 5, 2024 | |
Topic Marijuana | |
Status Not on the ballot | |
Type Constitutional amendment | Origin Citizens |
The Arkansas Medical Marijuana Expansion Initiative was included on the ballot in Arkansas as an initiated constitutional amendment on November 5, 2024; however, on September 30, 2024, Secretary of State John Thurston announced that votes on the measure would not be counted. Thurston determined that proponents submitted a total of 88,040 signatures, falling short of the 90,704 signatures required. Proponents of the measure said they would pursue legal action to overturn Thurston's determination. The measure was provisionally placed on the ballot because signature verification was ongoing amid the deadline for the final statewide ballot to be printed.[1] On October 21, 2024, the Arkansas Supreme Court ruled that, although the sponsors submitted enough valid signatures to qualify for the ballot, the amendment's ballot language was misleading and that votes on the measure would not be counted.[2]
Overview
What would Issue 3 have done?
- See also: Measure design
Issue 3 would have expanded certain provisions of the state's medical marijuana program, which was created through voter approval of Issue 6 in 2016. The initiative would have:[3]
- allowed medical marijuana patients to grow up to 14 marijuana plants including up to seven mature plants;
- allowed health care practitioners, including doctors of medicine, doctors of osteopathic medicine, physician assistants, nurse practitioners, and pharmacists to certify patients;
- expanded qualifying medical conditions to include any condition that a health care practitioner finds debilitating to the patient and that may be alleviated by the use of marijuana;
- allowed patient assessments through telemedicine;
- removed certain restrictions on marijuana advertising;
- accepted out-of-state medical marijuana cards; and
Under Issue 3, adults would have been allowed to possess up to one ounce of marijuana if federal law changes to remove marijuana from the schedule of controlled substances or if marijuana possession is decriminalized.
Issue 3 would have added a provision to Section 1 of Article 5 of the state constitution providing that, "Unless expressly allowed in such constitutional amendment, no constitutional amendment shall be amended or repealed unless approved by a vote of the people under this Constitution."
How would Issue 3 have changed the existing medical marijuana program?
- See also: Measure design and Background
Arkansas' medical marijuana program was established following voter approval of Issue 6 in 2016. Issue 6 was approved with 53.11% of voters in favor. The amendment was placed on the ballot through a signature petition drive sponsored by the group Arkansans United for Medical Marijuana.
The following table details existing provisions under Issue 6 alongside proposed changes under Issue 3.[3]
Current medical marijuana provisions under Issue 6 of 2016 | Provisions proposed under Issue 3 |
---|---|
No home-grow allowed | Allow medical marijuana patients to grow up to 14 (and up to seven mature) marijuana plants at home |
Only doctors of medicine or doctors of osteopathic medicine may certify patients | Allow all health care practitioners, including doctors of medicine, doctors of osteopathic medicine, physician assistants, nurse practitioners, and pharmacists to certify patients |
Allow medical marijuana treatment for 12 listed conditions and other conditions with symptoms of wasting syndrome, neuropathy, intractable pain, severe nausea, seizures, or severe and persistent muscle spasms; as well as any additional condition approved by the Department of Health | Retains present provision but adds that any health care practitioner may certify a patient for any condition the provider considers to be debilitating to the patient and which may be alleviated by the use of marijuana |
Requires in-person appointments for medical marijuana certification | Provides for telemedicine appointments for medical marijuana certification |
Marijuana cards are valid for one year and require a $50 application fee and a $50 renewal fee each year | Extends the time period that medical marijuana cards are valid to three years and removes the initial application and renewal fees |
Usable marijuana includes stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, and other portions of the marijuana plant and any mixture or preparation thereof | Usable marijuana includes cannabis and other substances including any parts of the plant Cannabis sativa, whether growing or not, its seeds and the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, isomer or preparation of the plant, including tetrahydrocannabinol and all other cannabinol derivatives |
Individuals with out-of-state medical marijuana cards may apply and receive a visiting patient card (with a fee of $50) allowing them to purchase medical marijuana for a 90-day period | Allows individuals with out-of-state medical marijuana cards to use their card to purchase medical marijuana at Arkansas dispensaries |
How many states provide for medical marijuana?
- See also: Medical marijuana in the U.S.
As of September 2024, medical marijuana was legal in 38 states and the District of Columbia. Twelve states (shaded grey in the map below) did not provide for a medical marijuana program.[4]
- Of the 38 states, 18 states established medical marijuana through the ballot initiative process.
- In 20 states, medical marijuana programs were established through legislation.
From 1972 through 2020, 30 initiatives to create medical marijuana programs were on the ballot, of which, 22 (73%) were approved and eight (27%) were defeated.
What did supporters and opponents say about Issue 3?
- See also: Support and Opposition
Arkansans for Patient Access led the campaign in support the initiative. Donors to the campaign include marijuana cultivation facilities and dispensaries such as Osage Creek Cultivation, NEA Green LLC, Capital City Medicinal, and Valentine Holdings. Bill Paschall, a member of the campaign committee, said, "Our canvassers found voters eager to place an amendment on the ballot that will eliminate barriers to access and make it less expensive to acquire and keep a medical marijuana card. ... We are confident that Arkansans will respond positively and ultimately vote for the proposed amendment because it will reduce barriers to obtaining a medical marijuana card, eliminate the annual renewal hassle and give patients more product choices."[5]
Stronger Arkansas led the campaign in opposition to the initiative. HUCK PAC, formed by former Arkansas Gov. Mike Huckabee (R), contributed to the opposition campaign. The Family Council Action Committee opposes Issue 3, saying, "This amendment gives free marijuana cards to immigrants and out-of-state residents at a cost to Arkansas taxpayers. Just like in Colorado, California, and Oregon, people from out-of-state will flood our streets with marijuana. Arkansas already has medical marijuana. This is recreational marijuana by another name. Under this amendment, healthy people could qualify for a free marijuana card because they would no longer need a doctor’s certification saying they suffer from a specific condition listed in state law. That means people may be able to use marijuana without proving they have a qualifying medical condition. This is not true medicine or healthcare. The marijuana industry crafted this amendment and they are writing themselves and marijuana into our state constitution. The amendment prohibits the Arkansas Legislature, cities, or counties from passing any laws, including zoning and taxes, to regulate marijuana use."
Text of measure
Popular name
The popular name for this initiative was as follows:[6]
“ | The Arkansas Medical Marijuana Amendment of 2024[7] | ” |
Ballot title
The ballot title for this initiative was as follows:[6]
|
Measure design
Issue 3 would have expanded certain provisions of the state's medical marijuana program, which was established following voter approval of Medical marijuana in Arkansas was created through voter approval of Issue 6 in 2016, also known as Amendment 98.
Issue 3 would have allowed for adult use of recreational marijuana if marijuana is removed as a controlled substance from the Federal Controlled Substance Act or if and when possession of marijuana is no longer a criminal offense.
Issue 3 would have added a provision to the state constitution stating, "Unless expressly allowed in such constitutional amendment, no constitutional amendment shall be amended or repealed unless approved by a vote of the people under this Constitution."
Changes to state medical marijuana program
The initiative would have made the following changes to the state's medical marijuana program:[3]
Current medical marijuana provisions under Issue 6 of 2016 | Provisions proposed under Issue 3 |
---|---|
No home-grow allowed | Allow medical marijuana patients to grow up to 14 (and up to seven mature) marijuana plants at home |
Only doctors of medicine or doctors of osteopathic medicine may certify patients | Allow all health care practitioners, including doctors of medicine, doctors of osteopathic medicine, physician assistants, nurse practitioners, and pharmacists to certify patients |
Allow medical marijuana treatment for 12 listed conditions and other conditions with symptoms of wasting syndrome, neuropathy, intractable pain, severe nausea, seizures, or severe and persistent muscle spasms; as well as any additional condition approved by the Department of Health | Retains present provision but adds that any health care practitioner may certify a patient for any condition the provider considers to be debilitating to the patient and which may be alleviated by the use of marijuana |
Requires in-person appointments for medical marijuana certification | Provides for telemedicine appointments for medical marijuana certification |
Marijuana cards are valid for one year and require a $50 application fee and a $50 renewal fee each year | Extends the time period that medical marijuana cards are valid to three years and removes the initial application and renewal fees |
Usable marijuana includes stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, and other portions of the marijuana plant and any mixture or preparation thereof | Usable marijuana includes cannabis and other substances including any parts of the plant Cannabis sativa, whether growing or not, its seeds and the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, isomer or preparation of the plant, including tetrahydrocannabinol and all other cannabinol derivatives |
Individuals with out-of-state medical marijuana cards may apply and receive a visiting patient card (with a fee of $50) allowing them to purchase medical marijuana for a 90-day period | Allows individuals with out-of-state medical marijuana cards to use their card to purchase medical marijuana at Arkansas dispensaries |
Adult use provision if marijuana is removed from the federal controlled substance list
The amendment would have created a new provision allowing all adults in Arkansas to possess up to one ounce of marijuana if the federal government removes marijuana from the list federal controlled substances or, if and when marijuana possession is no longer a criminal offense. In this event, Issue 3 would have authorized medical marijuana dispensaries to sell marijuana to adults.
Change to constitutional initiative and referendum provisions
Issue 3 would have added a provision to Section 1 of Article 5 of the state constitution providing that, "Unless expressly allowed in such constitutional amendment, no constitutional amendment shall be amended or repealed unless approved by a vote of the people under this Constitution."
Currently, any change to a state constitution must be referred to the ballot for voter approval or rejection, except in the state of Delaware.
Support
Arkansans for Patient Access led the campaign in support the initiative.[8]
Supporters
If you are aware of organizations or individuals that have endorsed the campaign in support of Issue 3, please send an email with a link to editor@ballotpedia.org.
Arguments
Opposition
Stronger Arkansas led the campaign in opposition to the initiative.[8]
Opponents
Officials
- Gov. Sarah Huckabee Sanders (R)
Organizations
Arguments
Campaign finance
Arkansans for Patient Access registered to support the initiative. The committee reported $1.65 million in contributions.[8]
Stronger Arkansas registered to oppose the initiative, as well as the abortion initiative. The committee reported $375,000 in contributions. Because the committee is opposing both measures, it is impossible to differentiate specific funds spent on each measure individually.[8]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $2,021,568.65 | $0.00 | $2,021,568.65 | $2,023,037.72 | $2,023,037.72 |
Oppose | $375,000.00 | $0.00 | $375,000.00 | $373,344.05 | $373,344.05 |
Total | $2,396,568.65 | $0.00 | $2,396,568.65 | $2,396,381.77 | $2,396,381.77 |
Support
The following table includes contribution and expenditure totals for the committee in support of the initiative.[8]
Committees in support of Issue 3 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Arkansans for Patient Access | $2,021,568.65 | $0.00 | $2,021,568.65 | $2,023,037.72 | $2,023,037.72 |
Total | $2,021,568.65 | $0.00 | $2,021,568.65 | $2,023,037.72 | $2,023,037.72 |
Donors
The top donors to the support campaign were as follows:[8]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Osage Creek Cultivation | $102,000.00 | $0.00 | $102,000.00 |
Danny Brown | $100,000.00 | $0.00 | $100,000.00 |
NEA Green LLC | $100,000.00 | $0.00 | $100,000.00 |
Valentine Holdings | $91,538.59 | $0.00 | $91,538.59 |
Capital City Medicinal | $85,934.59 | $0.00 | $85,934.59 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to the initiative.[8]
Committees in opposition to Issue 3 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Stronger Arkansas | $375,000.00 | $0.00 | $375,000.00 | $373,344.05 | $373,344.05 |
Total | $375,000.00 | $0.00 | $375,000.00 | $373,344.05 | $373,344.05 |
Donors
The top donors to the opposition campaign were as follows:[8]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Ray Ruddy | $100,000.00 | $0.00 | $100,000.00 |
HUCK PAC | $25,000.00 | $0.00 | $25,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Arkansas medical marijuana
Arkansas approved a medical marijuana initiative in 2016.
As of September 21, 2024, the Arkansas Department of Health reported 106,640 active medical marijuana cards. The state had 37 licensed dispensaries.[9]
The following statistics were published in the state's 2023 medical marijuana report, which covered information from July 1, 2022, through June 30, 2023.
Medical marijuana ballot measures in Arkansas
In 2016, Arkansas voters approved Issue 6 with 53.11% of voters in favor. The amendment was placed on the ballot through a signature petition drive sponsored by the group Arkansans United for Medical Marijuana. The initiative established a medical marijuana program for 17 qualifying conditions and allowed for the establishment and regulation of marijuana dispensaries and cultivation facilities. Issue 6 applied the state and local taxes on sales to medical marijuana. The measure was designed to allocate revenue from these taxes to cover administration costs and then, of the remaining revenue, 50% to the Vocational and Technical Training Special Revenue Fund, 30% to the General Fund, 10% to the workforce training programs, 5% to the Department of Health, 4% to Alcoholic Beverage Control administrative and enforcement divisions, and 1% to the Medical Marijuana Commission. The measure permitted voters to ban marijuana dispensaries and cultivation facilities in their municipalities. Issue 6 authorized the Arkansas Legislature to amend sections of the amendment, except the sections legalizing medical marijuana and setting the number of dispensaries, by a two-thirds vote.
In 2012, Arkansas voters defeated Issue 5, a citizen initiative sponsored by a group called Arkansans for Compassionate Care. The measure was rejected by a vote of 51.44% opposed to 48.66% in favor.
Medical marijuana in the U.S.
As of September 2024, medical marijuana was legal in 38 states and the District of Columbia. Twelve states (shaded grey in the map below) did not provide for a medical marijuana program.[4]
- Of the 38 states, 18 states established medical marijuana through the ballot initiative process.
- In 20 states, medical marijuana programs were established through legislation.
Medical marijuana ballot measures since 1972
The following table provides information on medical marijuana ballot measures since 1972.
Path to the ballot
The state process
In Arkansas, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of the votes cast for governor in the most recent gubernatorial election. Proponents must collect signatures equaling at least half of the designated percentage of gubernatorial votes in at least 50 of the state's counties. Signatures remain valid until the date of the next general election following the certification of ballot language. Signature petitions must be submitted four months prior to the election at which the measure is to appear.
The requirements to get initiated constitutional amendments certified for the 2024 ballot:
- Signatures: 90,704 valid signatures
- Deadline: The deadline to submit signatures was July 5, 2024.
If the secretary of state certifies that enough signatures were submitted in a petition, the initiative is put on the ballot. If a petition fails to meet the signature requirement, but the petition has at least 75 percent of the valid signatures needed, petitioners have 30 days to collect additional signatures or demonstrate that rejected signatures are valid.
Details about this initiative
- Attorney General Tim Griffin approved the ballot language for the initiative in Opinion 2024-037 on February 29, 2024.[3]
- Sponsors reported submitting 111,402 signatures on July 5.[10]
- Secretary of State John Thurston found that sponsors submitted about 77,000 valid signatures. Sponsors were given a cure period to collect additional signatures due by August 30.[11]
- Sponsors submitted an additional 38,933 signatures on August 30, 2024.[12]
- On September 30, 2024, Secretary of State John Thurston announced that proponents submitted a total of 88,040 signatures, falling short of the number required, and therefore that votes on the measure would not be counted. Proponents of the measure said they would pursue legal action to overturn Thurston's determination.[13]
- On October 2, 2024, the Arkansas Supreme Court ordered the secretary of state's office to "immediately begin verifying the (~18,000) remaining signatures submitted during the cure period until the 90,704 threshold or just beyond is met.”[14]
Lawsuit
Lawsuit overview | |
Issue: Whether the initiative is sufficient to have votes cast; whether the ballot language is inaccurate or misleading | |
Court: Arkansas Supreme Court | |
Plaintiff(s): Arkansans for Patient Access | Defendant(s): Secretary of State John Thurston (R) |
Source: Arkansas Supreme Court
On October 21, 2024, the Arkansas Supreme Court ruled that, although the sponsors submitted enough valid signatures to qualify for the ballot, the amendment's ballot language was misleading and that votes on the measure would not be counted.[15]
See also
External links
Footnotes
- ↑ Arkansas Advocate, "Medical marijuana group expected to appeal rejected ballot measure to Arkansas Supreme Court," accessed September 30, 2024
- ↑ Arkansas Supreme Court, "No. CV-24-652," accessed October 21, 2024
- ↑ 3.0 3.1 3.2 3.3 Arkansas Attorney General, "Opinion No. 2024-028," accessed February 21, 2024
- ↑ 4.0 4.1 Cite error: Invalid
<ref>
tag; no text was provided for refs namedncsl
- ↑ 5 News Online, "Arkansas group submits over 100,000 signatures to expand medical marijuana amendment," accessed September 23, 2024
- ↑ 6.0 6.1 UAEX, "Issue 3 of 2024 - Arkansas Medical Marijuana Amendment," accessed September 22, 2024
- ↑ 7.0 7.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 8.0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 Arkansas Ethics, "Ballot question committee filings," accessed July 16, 2024
- ↑ Arkansas Department of Health, "Number of Active Medical Marijuana ID Cards," accessed September 23, 2024
- ↑ Marijuana Moment, "Arkansas Activists Submit Signatures To Put Medical Marijuana Expansion Initiative On November Ballot," accessed July 6, 2024
- ↑ KARK, "Arkansas secretary of state approves casino ballot measure, marijuana proposal gets more time to gather signatures," accessed August 13, 2024
- ↑ KATV, "Arkansans for Patient Access submits 150,335 signatures for Medical Marijuana Amendment," accessed August 30, 2024
- ↑ Arkansas Advocate, "Medical marijuana group expected to appeal rejected ballot measure to Arkansas Supreme Court," accessed September 30, 2024
- ↑ Green Market Report, "Arkansas Supreme Court orders state to count rejected signatures for medical marijuana ballot question," accessed October 3, 2024
- ↑ Arkansas Supreme Court, "No. CV-24-652," accessed October 21, 2024
![]() |
State of Arkansas Little Rock (capital) |
---|---|
Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |