Legal/Law/Criminal Justice and Reform

Red State Supreme Court Blocks Vote Counting For Medical Marijuana Expansion

The Arkansas Supreme Court invalidated a ballot measure Monday intended to expand medical marijuana access, ruling that it did not sufficiently inform voters of its full implications.

The initiative aimed to redefine which medical professionals could certify patients for medical cannabis use, broaden the list of qualifying conditions and extend the validity of medical cannabis cards to three years, according to The Associated Press (AP). However, the justices, in a 4-3 decision, determined that the measure failed to adequately disclose that it would prevent the Legislature from amending the 2016 constitutional amendment that originally legalized medical marijuana in Arkansas.

Justice Shawn Womack stated that the ballot title was “plainly misleading,” as it also omitted that the amendment would allow possession of up to an ounce of marijuana for any use should federal law change, AP reported. Justice Cody Hiland, in his dissent, argued that the court’s ruling contradicted long-standing precedents on ballot measure descriptions.

Votes won’t be counted for Arkansas medical marijuana ballot measure, court says https://t.co/vypaNybPhv

— The Associated Press (@AP) October 21, 2024

“Long ago, this court established definitive standards for evaluating the sufficiency of popular names and ballot titles,” Hiland wrote, according to a court document shared by KATV. “This court has not deviated from those standards until today.”

The issue also extended to the measure’s petition signatures as the group behind the initiative, Arkansans for Patient Access, had been told by the secretary of state that they did not meet the required number of signatures, a claim the group disputed and attributed to political interference, AP stated. The court, however, rejected the state’s justification for disqualifying some of the gathered signatures, which related to the procedures followed by paid signature collectors.

Despite the legal setbacks, Arkansans for Patient Access vowed to continue advocating for the expansion of the state’s medical marijuana program, citing widespread support as evidenced by the signatures they collected, the outlet reported. The issue was first brought to court attention by Protect Arkansas Kids, a group opposing the measure, who challenged the clarity of the ballot’s wording.

It was reported in April that the Biden administration planned to propose moving marijuana from a Schedule I to Schedule III classification. The Drug Enforcement Administration is expected to act on a recommendation from the Department of Health and Human Services, which argues the drug has medicinal benefits and a lower abuse potential than other Schedule I substances.