The state of Arkansas has passed a critical milestone in its quest to legalize recreational cannabis sales.
The Responsible Growth Arkansas initiative has now collected enough signatures to qualify for the November ballot, and it might end up there soon. The only additional step is for the state Board of Election Commissioners to review the measure before sending it to voters.
If voters approve the measure, recreational marijuana sales would begin March 8, 2023—just in time for spring break! The referendum also calls for existing medical marijuana providers to be able to sell recreational marijuana as well.
Unfortunately, the Arkansas Board of Election Commissioners may have put a wrench in the Responsible Growth Arkansas’ plans.
Responsible Growth Arkansas And The Upcoming Vote
The advocacy group Responsible Growth Arkansas is taking legal action against the Board of Election Commissioners claiming their decision to deny the popular name and ballot title for a constitutional amendment that would legalize medical marijuana in Arkansas is unconstitutional.
The commissioners on Wednesday unanimously denied the popular name and ballot title for the proposed constitutional amendment, saying the measure did not clearly state whether there would be a certain THC limit on edibles.
“After nearly 200,000 Arkansans signed Responsible Growth Arkansas’ petition, the State Board of Election Commissioners incorrectly rejected the ballot title and thus thwarted the will of the people and their freedom to adopt laws by initiative,” Lancaster said in the release. “The power to adopt laws by initiative lies at the heart of our democratic institutions. That power must be respected. The Court should correct the Board’s error and let the people decide.”
The Board of Election Commissions made the motion to deny the ballot title and popular name for the amendment because it would repeal the current THC limits without explaining if a new limit would be set. The Board of Election Commissions does not have the authority to do this and should not be assessing the amendment, just the title.
Lancaster added the ballot title makes clear, while the THC limit would be eliminated, the Alcoholic Beverage Control Division would be in charge of establishing new regulations that would require child-proof packaging and place limitations on child-oriented advertising. He stated the ballot title clearly states that the Alcoholic Beverage Control Division would make the rules and the repeal of the THC limit does not indicate the limit is no longer in effect.
Fighting For Cannabis
Considering growth, according to the Arkansas Democrat-Gazette, Arkansas requested the state’s high court to reverse the Board of Election Commissioners’ decision to reject the proposed constitutional amendment due to its ballot title and name.
The complaint challenges a 2019 statute that gives the Election Board the authority to certify ballot proposals and asserts the Election Board’s “overly demanding” approach violates the state constitution.
Considering growth before the deadline of August 25 for certifying initiated steps, Arkansas is looking for a preliminary injunction, according to the Democrat-Gazette.
It seems Arkansas has a choice to make.
The Board of Elections Commissioners are overstepping their role by refusing to place the recreational cannabis law on the ballot, leading to a call for an investigation into the matter. This is not only undemocratic, but denies Arkansas citizens their right to decide whether or not they want recreational cannabis legalized in their state.
Arkansas deserves recreational cannabis legalization.
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