Arkansans For Patient Access, the ballot question committee that drafted the amendment on cannabis, can amend their proposal and seek approval from the Attorney General again.
By Hunter Field, Arkansas Advocate
Arkansas’s Attorney General rejected Monday language in a ballot measure that would have improved access to medical marijuana for patients, and would have triggered the legalization for recreational use of the drug if it became federally legal.
Attorney General Tim Griffin, (R), determined that the Arkansas Medical Cannabis Amendment 2024 ballot title was inadequate due to the improper formatting of proposed constitutional amendments and ambiguity about how the measure will affect existing state laws.
The original drafter of the amendment will make changes and resubmit the document.
The initiative, which is backed by the medical marijuana industry, would allow patients to grow cannabis at home as well as make a number of changes to Amendment 98 in the Arkansas Constitution. This amendment was ratified by Arkansans in 2016 for marijuana to be legalized for medical purposes.
The main changes proposed are:
- Patients and designated caregivers older than 21 years old can grow up to 7 mature marijuana plants and 7 younger plants.
- Physician assistants, nurse practitioner and pharmacists can now certify medical marijuana patients instead of only doctors.
- Allowing providers to qualify their patients based on medical needs rather than the 18 conditions currently required by state law.
- Telemedicine allows health care providers the ability to assess patients via telemedicine.
- Expanding access for out-of-state patients by accepting patient cards from another state or allowing non-residents to get Arkansas patient cards.
- Patients who want to register ID cards will no longer be charged any fees.
- The expiration date of new patient cards will be increased from one to three years.
The proposal also includes a recreational cannabis law that would allow adults to possess an ounce or less of cannabis in the event the federal government removed marijuana from its list of controlled substances, or if marijuana is no longer considered a federal offense.
The U.S. Drug Enforcement Administration (DEA) is currently evaluating a proposal by the federal Department of Health and Human Services for rescheduling cannabis from Schedule I into Schedule III.
According to the DEA, Schedule III drugs include substances such as anabolic steroids or ketamine which have a “moderate to low potential” for physical and mental dependence and medical applications.
According to the DEA, Schedule I drugs are “drugs that have no currently accepted medical uses and a potential for abuse.”
Language problems
Griffin pointed out a few formatting issues that the supporters of the amendment could easily fix.
He said that the section of the proposal aimed at limiting how the state could regulate advertising for marijuana businesses was not clear as to which set of state regulations were being referenced.
Griffin’s Monday opinion, like several other ballot initiatives rejected this election cycle for their language, also criticised the drafters for failing to define a number of terms, some of which were taken from state law elsewhere.
Griffin also opined the part of the measure that would prevent the General Assembly, if it passed the amendment, from tweaking it, was unclear.
Griffin must approve the title of the ballot and popular name before canvassing begins.
Arkansans for Patient Access, the ballot question committee that drafted the cannabis amendment, can amend their proposal and seek Griffin’s approval again. Or the group can ask the Arkansas Supreme Court for intervention and certification of the measure.
“Arkansans for Patient Access” is reviewing the Attorney General Tim Griffin’s ballot proposal opinion. Erika Gee is an attorney representing the group. She said, “We intend to address any issues raised and submit again.” “We’re confident that the ballot language presented will ultimately be approved.”
This article was originally published by Arkansas Advocate.
Kansas GOP Senate president fears legalizing medical marijuana would fuel gang activity
Photo by Philip Steffan.
The post Arkansas AG Rejects Ballot initiative to Allow Medical Marijuana homegrow and trigger recreational legalization after federal reform appeared on Marijuana Moment.
