“The resubmission focuses on responding to issues raised in Attorney General’s reject opinion.”
By Hunter Field, Arkansas Advocate
A marijuana industry group and a patient group have resubmitted to the attorney general new language for a ballot question to expand access in Arkansas to medical cannabis.
Attorney General Tim Griffin has rejected the first draft of the Arkansas Medical Cannabis Amendment 2024 because of improper formatting. There were also ambiguities regarding how the measure might affect state laws and regulations.
Arkansans for Patient Access submitted on Monday new versions of proposed constitutional Amendment, Ballot Title and popular name, with most technical changes. However, the new version would also prevent the state Legislature from changing constitutional amendments.
Bill Paschall is the executive director of Arkansas Cannabis Industry Association. He said that the resubmission was aimed at addressing the issues raised by the Attorney General in his rejection opinion. Legal counsel believes Arkansans For Patient Access’s latest submission should address these issues.
“Also, the latest submission builds on Judge Chip Welch’s ruling that the General Assembly’s revisions of Amendment 98 were illegal. This proposed amendment expands the language to include future amendments, whether they are related to medical marijuana or otherwise. The language added protects the will and integrity of the proposed amendment. The law also reinforces the current law that has been in effect since Arkansas adopted its initiative process more than a century ago.
“Arkansans for patient access takes our state motto, Regnat Populus, to heart.”
Regnat populus means “the people rule”.
The medical marijuana industry’s initiative will make it legal for patients grow their own cannabis in the home. It also makes a number of changes to Amendment 98 which Arkansans ratified to legalize marijuana as a medical drug.
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 patients to receive medical marijuana cards.
- 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 residents 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 trigger, which would allow adults to possess an ounce of marijuana if the federal government removed marijuana from its Schedule of Controlled Substances.
The amendment would also amend the Arkansas Constitution, Article 5, to prevent the General Assembly from changing constitutional amendments without the consent of the people. This provision would have the same effect as parts of an initiative that was proposed on Monday.
Griffin must approve the title of the ballot and the popular name before canvassing begins.
This article was originally published by Arkansas Advocate.
The Arkansas Medical Marijuana program has reached record sales, but litigation and ballot measures could expand access even more
Photo by Chris Wallis // Side Pocket Images.
The article Arkansas activists resubmit ballot initiative to expand medical marijuana and trigger recreational legalization after federal reform first appeared on Marijuana Moment.
