Highlight on Arkansas: medical marijuana amendment approved

On November 8, 2016, Arkansas voters approved Issue 6, the Arkansas Medical Marijuana Amendment which amended the state’s constitution, by a margin of 53 percent in favor to 47 percent against, and became the first state in the South to legalize medical marijuana. The governor had voiced his opposition to the measure. With the approval, more than half of the states in the U.S. have now legalized medical marijuana.

A “yes” vote supported legalizing medical marijuana for 17 qualifying conditions, creating a Medical Marijuana Commission, and allocating tax revenue to technical institutes, vocational schools, workforce training, and the state’s general fund. A “no” vote opposed the amendment to legalize medical marijuana. The amendment will allow patients with a variety of medical conditions, including cancer, Tourette’s syndrome, Crohn’s disease, fibromyalgia, post-traumatic stress disorder, and HIV/AIDS, along with a doctor’s permission to buy marijuana from dispensaries. Patients, however, won’t be allowed to grow their own marijuana.

The Arkansas Department of Health was given up to 120 days to adopt rules for various provisions of the amendment, including, but not limited to:

  1. applications for and renewals of registry identification cards;
  2. labeling and testing standards for marijuana distributed to patients;
  3. care givers assisting patients who are physically disabled or under the age of 18;
  4. requirements for oversight, recordkeeping, security requirements for dispensaries and cultivation facilities;
  5. the manufacture, processing, packaging, and dispensing of marijuana to patients;
  6. procedures for suspending or terminating the licenses of dispensaries and cultivation facilities that violate the provisions of the amendment;
  7. procedures for inspections and investigations of dispensaries and cultivation facilities; and
  8. advertising restrictions for dispensaries and cultivation facilities;

A separate marijuana question had been approved, but Arkansas’ Supreme Court last month directed that votes not be counted. Justices said the petition lacked enough valid signatures. In 2012, Arkansas voted on the Arkansas Medical Marijuana Question, which failed to garner enough support. Following the approval of Issue 6, opponents vowed to fight the amendment in the Arkansas legislature.