Rejected cannabis ballot initiative brought to Arkansas Supreme Court

The ballot initiative submitted by Responsible Growth Arkansas, a cannabis advocacy group, was recently rejected by the Board of Election Commissioners on August 3 because of its name and title. On August 4, the group filed a lawsuit in the state Supreme Court to challenge the decision.

As of July 29, Responsible Growth Arkansas provided at least 90,000 valid signatures required to qualify for voting (the group provided more than needed). However, after the commissioners reviewed the filing, they claimed that the ballot title did not fully explain the description of the change to voters, and specifically stated that the current language would change current restrictions on THC edibles in Arkansas. The proposal in question, titled “An Amendment to Permit the Possession, Personal Use and Consumption of Cannabis by Adults, Permit the Cultivation and Sale of Cannabis by Licensed Commercial Establishments, and Regulate Those Establishments,” would allow possession of up to an ounce of cannabis for adults over the age of 21 and would allow state licensed dispensaries to sell recreational cannabis if passed.

Commissioner J. Harmon Smith focused on THC limits for edibles. “If I’m a voter, I might be all for it, but I want to maintain that edible boundary,” Smith said.

Responsible Growth Arkansas attorney Steven Lancaster said it was an unreasonable request. “The kind of detail that the board expected or requested in this case would make our ballot thousands and thousands of words long,” Lancaster said. “That’s just not practical for a vote.”

After the rejection, the group filed a lawsuit to appeal the decision “to challenge the state electoral commission’s frustration of the will of the people and their right to legislate by initiative,” according to KNWA in the filing. “The Board attacked that heart by wrongly rejecting the electoral title.” The filing includes a complaint against Secretary of State and Chair of Commissioner John Thurston, who had confirmed the initiative had garnered enough signatures to go live on August 2 to be put on the ballot.

The filing claims Thurston is required to confirm the popular name and choice title if they are “not misleading.” “The popular name and electoral title are legally sufficient under the precedent of this court because they provide voters with an impartial summary of the change that provides a reasonable understanding of the issues addressed and the scope and importance of the proposed legislative changes,” the statement said Submission continues. “Nothing is left out that would give voters serious food for thought, and nothing in the popular name and ballot is in any way misleading. The board has thus made a mistake by refusing certification.”

Ultimately, the lawsuit alleges that the rejection was unconstitutional and is asking for a Supreme Court injunction to take up the ballot initiative “because the court is unlikely to consider this lawsuit before the November 25, 2022 ballot deadline.”

Shortly before the initiative was rejected by the commissioners, Arkansas Governor Asa Hutchinson voiced his opposition to the recreational cannabis initiative when speaking before the Arkansas Municipal Police Association on Aug. 3. “And the reason I’m against it is simply because it’s going to increase marijuana use,” Hutchinson said. “I believe marijuana is a harmful drug. It’s that simple. I look back to Alaska. In the ’70s, they decriminalized marijuana. Marijuana use increased dramatically, especially among their teens, and Alaska reversed course and criminalized marijuana again.”

Hutchinson claimed cannabis was “harmful”. “Now they will sell this as something that will help law enforcement. Fifteen percent of marijuana sales tax revenue goes to a law enforcement grant support fund, 10 percent of that goes to the UAMS in Little Rock, and 5 percent goes to drug courts,” Hutchinson continued. “And so they are once again selling a harmful drug to the citizens of Arkansas based on promises that look good. Well, those promises could come true, but I think you need to be prepared for that debate.”