The state of Arkansas has been making progress in expanding access to medical cannabis, but there are still limitations and restrictions that hinder patients from obtaining this form of medication. However, a new initiative has been proposed to further expand the program and potentially pave the way for adult-use legalization.
Earlier this month, advocates submitted a proposal for the Arkansas Medical Cannabis Amendment of 2024 to Attorney General Tim Griffin. This amendment aims to make significant changes to the state’s current medical cannabis program, including allowing home cultivation for patients and caregivers and expanding access for out-of-state residents, as reported first by Arkansas Advocate.
Proposed Changes to the Arkansas Medical Cannabis Program
Currently, only licensed dispensaries in Arkansas are allowed to grow and distribute medical cannabis, making it difficult for patients to access this form of treatment. However, if the proposed changes in the Arkansas Medical Cannabis Amendment are approved, patients and designated caregivers over 21 years old will be able to grow up to seven mature plants and seven younger plants.
In addition, the amendment seeks to expand the list of medical conditions that qualify for medical cannabis treatment beyond the current 18 conditions. This would allow health care providers to certify patients based on any medical need, giving more people access to this form of medication.
Also, access for out-of-state patients would be expanded by recognizing patient cards from other states or allowing nonresidents to obtain Arkansas patient cards. This will provide relief for patients who may travel to Arkansas for medical treatment and rely on medical cannabis.
Another barrier to accessing medical cannabis in Arkansas is the application fees and short expiration dates for patient cards. The proposed amendment aims to abolish application fees and increase the expiration date for new patient cards from one year to three years, making it easier and more affordable for patients to obtain and renew their cards.
“The goal of this ballot proposal is to reaffirm and build upon Amendment 98 to better serve patients,” Amy Martin, owner of The Greenery dispensary in Fort Smith, said a statement from the ballot question committee. “This amendment reflects a commitment to the principles established by the state’s voters. It reduces barriers and streamlines processes so qualifying patients can access the medicines and treatment options that best serve them.”
Creation of a Recreational Cannabis Trigger Law
The proposed Arkansas Medical Cannabis Amendment of 2024 goes beyond just expanding the state’s medical cannabis program. It also includes provisions for a recreational cannabis trigger law, which would activate if and when federal law changes to allow for adult-use legalization.
Under this trigger law, adults in Arkansas would be allowed to possess and consume cannabis once it becomes legal under federal law, without the need for a medical card. However, this would be limited to possession and consumption and would not allow for commercial growth or distribution of cannabis.
This trigger law is in line with the current trend across the country, where more and more states are legalizing adult-use cannabis. By including it in the proposed amendment, Arkansas is paving the way for potential future legalization while also ensuring that the regulation and control of cannabis remains in the hands of the state.
This is not the first time that advocates have tried to legalize recreational cannabis in Arkansas. In 2022, supporters of Issue 4 attempted to get a measure on the ballot to legalize adult-use cannabis. However, it was rejected by voters, with only 43.8% voting in favor.
The proposed Arkansas Medical Cannabis Amendment of 2024 has gained support from key figures, including attorney David Couch who played a major role in drafting the original amendment in 2016 (Amendment 98). Patient advocate Melissa Fults, who was previously against the 2022 recreational cannabis ballot initiative, along with Couch, is also involved in the new initiative and supports its goals.
The next step for the proposed Arkansas Medical Cannabis Amendment of 2024 is seeking approval from the state’s attorney general, who will review the measure and its ballot language to ensure it meets legal requirements. Once approved, supporters will need to collect signatures from registered voters in order to qualify for the November 2024 ballot.
If the measure receives enough signatures and is approved by voters, it will go into effect immediately upon certification of the election results. This means that patients and designated caregivers would have access to homegrown medical cannabis as soon as it becomes legal under federal law. Additionally, the trigger for recreational use would also be activated at this time if it becomes federally legal, allowing adults in Arkansas to possess and consume cannabis without a medical card.
Overall, the Arkansas Medical Cannabis Amendment of 2024 is a comprehensive and forward-thinking proposal that seeks to expand access to medical cannabis for patients while also preparing for potential future adult-use legalization.
With support from key figures and a clear timeline for ballot approval, it has the potential to make a positive impact on the lives of many Arkansans in need of alternative medical treatments. So, it is important for all voters in Arkansas to stay informed about this proposed amendment and make their voices heard through the voting process. This could be a major step towards progress and change in the state’s approach towards cannabis.
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