A majority of judges on the Arkansas Supreme Court have ordered election officials not to count votes cast in favor of a proposed ballot initiative (the Arkansas Medical Marijuana Amendment of 2024) because they found the measure’s ballot title to be misleading.
In their opinion, judges ruled that the proposition’s title only referenced expanding the state’s medical cannabis program, but that its provisions also addresses matters specific to broader legalization.
“In sum, the popular name ‘Arkansas Medical Marijuana Amendment of 2024’ falsely suggests that the amendment is only about medical marijuana when, in reality, it is about much more,” they opined. “The language used is deceptive and misleading and renders the proposal insufficient.”
The Amendment sought to revise the state’s existing medical cannabis access law, which voters approved in 2016. It would have expanded the pool of practitioners permitted to recommend medical cannabis and it would have allowed providers to recommend cannabis to any patient who they believe will benefit from it, among other modifications. Separate provisions in the amendment authorized adults to legally possess up to one ounce of cannabis if the federal government removed it from the Controlled Substances Act.
Statewide survey data showed that most likely voters supported the Amendment’s passage.
In response to the Court’s ruling, a spokesperson for campaigners Arkansas for Patient Access said: “We are deeply disappointed in the Court’s decision. It seems politics has triumphed over legal precedent. … This is a setback for the growth and improvement of our existing program, but it will not be the last attempt to ease the barriers Arkansas’s medical patients encounter.”
Arkansas voters will still see the Amendment on their ballots because they were printed prior to the Court’s decision. Early voting in Arkansas began today.
In recent years, opponents have successfully litigated against a number of marijuana-related ballot measures, resulting in those measures either being struck from the ballot or having the election results set aside.
“Whether or not one personally supports or opposes cannabis legalization, these cynical and undemocratic tactics ought to be a cause of deep concern,” NORML’s Deputy Director Paul Armentano wrote in an op-ed addressing the trend. “In a healthy and functioning democracy, elected officials represent the views of the electorate. They should not consistently seek to undermine them.”
State officials in four other states — Florida, Nebraska, North Dakota, and South Dakota — have certified marijuana-related ballot measures for the ballot. (However, in Nebraska, the state’s decision to certify a pair of medical cannabis legalization initiatives is being challenged in court.) In Texas, voters in the cities of Bastrop (population 11,200), Dallas (population: 1.3 million), and Lockhart (population 15,000) will decide on municipal ballot measures prohibiting local law enforcement from making low-level marijuana-related arrests.
Additional Election 2024 coverage is available from NORML.
Related
Medical Disclaimer:
The information provided in these blog posts is intended for general informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. The use of any information provided in these blog posts is solely at your own risk. The authors and the website do not recommend or endorse any specific products, treatments, or procedures mentioned. Reliance on any information in these blog posts is solely at your own discretion.
