Why Has Arkansas Cannabis Legalization Failed? And what happens next?
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Arkansas voters rejected the ballot measure to legalize recreational marijuana in Tuesday’s midterm elections. The measure did not receive enough votes, surprising many as a recent poll found that a comfortable majority of likely voters had backed the electoral measure. On Tuesday, however, the vote collapsed, with 57% against legalization and 43% in favor.
Arkansas was one of five states voting to legalize cannabis at this year’s Midterms. Only Missouri and Maryland voted to legalize cannabis for adults.
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Why did the action fail?
This time, the proposed legalization measure was opposed by both marijuana opponents and proponents who argued it was not comprehensive enough, Arkansas Advocate reported.
Melissa Fults, an advocate for medical marijuana patients, was opposed to Issue 4, although on Wednesday she said she would help lead a 2024 initiative. She has plans to work with the attorney who drafted the 2016 medical marijuana amendment and that they would address Issue 4’s shortcomings.
What was in issue 4?
The measure would have legalized cannabis use for anyone over the age of 21 and allowed the commercial sale of marijuana with a 10% tax. Of the tax revenue collected, 15% should be used to fund an annual stipend for all full-time law enforcement officers certified in good standing by the Commission on Law Enforcement Standards and Training.
Under the initiative, sponsored by the group Responsible Growth Arkansas, adults would have been allowed to possess up to an ounce of cannabis, while growing it themselves would not have been allowed.
RELATED: Here are the big medium-term gains and losses for cannabis legalization
Additionally, the measure would have allowed current Arkansas medical marijuana licensees to sell cannabis at their existing locations and establish an additional location for commercial sales only. A further 40 licenses would have been awarded to companies via a lottery.
The Department of Treasury and Administration’s Alcoholic Beverages Control (ABC) Division would have been responsible for regulating the program and issuing cannabis business licenses.
The measure did not include provisions to erase or seal prior cannabis convictions or to provide social justice licensing opportunities for people from communities hardest hit by the War on Drugs.
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What’s next?
“We’re going to be doing deletions, home growing and greatly expanding the industry and making it more affordable for ordinary people to get into the industry,” Fults said.
A campaign manager for Responsible Growth Arkansas told the Arkansas Democrat-Gazette Tuesday that the group could present voters with another change in 2024.
“We’re proud of what we’ve done and the first time in history that’s been on the ballot and we’ll go back and look back at what we can do next time and tell voters in 2024.” return. said Robert McLarty, Campaign Manager for Issue 4.
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Eddie Armstrong, Chair of Responsible Growth, did not confirm plans for another change in two years, but stated, “Responsible Growth Arkansas is committed to responsibly expanding adult use of cannabis in Arkansas and is seeking to become the first Southern state to do so.” put it on the ballot through a citizens’ initiative. While hundreds of thousands of Arkansans supported this effort, they ended up falling behind. We thank everyone who worked to get this initiative on the ballot and supported our campaign with their voice and vote.”
Opponents have plans too
On the other hand, opponents of marijuana legalization also believe in their strengths. Jerry Cox, director of the Anti-Marijuana Family Council Action Committee, said the organization plans to continue fighting legalization.
“Any future recreational marijuana effort is hampered by the fact that wealthy donors have spent over $15 million on this campaign and have nothing to show for it,” Cox said. “You’ll think twice before doing this again. They tried their best and failed. We did our best and won. It will be interesting to see how much money future efforts can raise.”
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Past Cannabis Efforts in Arkansas
After collecting more than enough valid signatures, the initiative to legalize recreational marijuana was rejected by the state Board of Election Commissioners in August 2022. The Commissioners opposed the change, citing the lack of specific guidelines as the reason. More specifically, the commissioner opposed the measure on the grounds that the voting title was not clear enough as to its effects, with the main issue being the THC levels allowed in cannabis edibles.
Hours before the initiative was rejected, Gov. Asa Hutchinson encouraged law enforcement to “stand firm” against legalizing marijuana, saying, “Marijuana is a harmful drug.”
RELATED: Here’s why the Arkansas government is opposed to legalizing weed
Shortly thereafter, Responsible Growth Arkansas filed an appeal with the Arkansas Supreme Court to overturn a decision by the Arkansas Board of Election Commissioners prohibiting a proposed amendment to proceed to the November vote.
The Arkansas Supreme Court ruled in September that voters can decide whether to legalize recreational cannabis, overturning a decision by the Board of Election Commissioners.
“We are giving the ballot a liberal construction and interpretation to ensure its purpose is to reserve that power for the people,” the court said. “And we recognize that it is impossible to prepare an election title that will suit everyone. With these standards in mind, we conclude that the voting title in question is sufficiently complete to provide a reasonable understanding of the scope and significance of the proposed change.”
Whatever happens next, it’s clear that both supporters and opponents will continue to fight with all their might for what they believe in.
This article originally appeared on Benzinga and has been republished with permission.
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