Arkansas Supreme Court Orders State To Count All Disputed Medical Marijuana Ballot Signatures After Threat Of Lawsuit

The Arkansas Supreme Court ordered the Secretary of State to resume counting approximately 18,000 disputed signatures for Issue 3, a proposed amendment to expand the state’s medical marijuana program. 

The Supreme Court’s ruling comes as a preliminary injunction in the ongoing legal battle. Arkansans for Patient Access (APA) sued the state on Tuesday after Secretary of State John Thurston declared the group fell 2,664 signatures short of the amount needed to qualify for the November ballot.

Court Decision Bolsters APA’s Fight For Ballot Inclusion

On Wednesday, the state’s highest court intervened, instructing Thurston to “immediately begin verifying the (~18,000) remaining signatures submitted during the cure period until the 90,704 threshold or just beyond is met.” The court set a deadline of Friday for Thurston to file a report on the verification process, according to the Arkansas Times.

The conflict centers on Thurston’s refusal to count signatures collected during the cure period, alleging that required certifications were signed by representatives of the canvassing company rather than the measure’s sponsors, violating state law. However, APA contends that delegating such duties to agents has been an accepted practice. “It would be fundamentally unfair for the secretary’s newly ‘discovered’ position to be imposed on APA at the eleventh hour of the signature collection process,” the group stated in its filing, as reported by the Arkansas Times.

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APA Confident About Valid Signature Count

In their petition, APA requested that all submitted signatures be counted and the measure certified for the ballot. They also asked for an expedited review of the case. “We are confident that well more than 5,000 of those will be deemed valid once counted,” said Bill Paschall, a member of APA. 

Stephen Lancaster, the attorney representing APA, criticized the state’s approach. “This is a clear attempt to thwart the will of the people. Thousands of voters' voices are being silenced by arbitrary technicalities,” said Lancaster, according to the Arkansas Advocate.

Ongoing Legal Proceedings And Political Intrigue

The Arkansas Supreme Court has ordered all parties to file briefs by October 7, as reported by 4029 News. This expedited timetable reflects the court’s urgency in resolving the matter before the upcoming election, highlighting the high stakes for both supporters and opponents of the amendment.

In a twist, Chief Justice Dan Kemp and Associate Justice Courtney Hudson recused themselves from the case. Their recusal requires Governor Sarah Huckabee Sanders (R), former President Donald Trump’s White House press secretary, to appoint replacements, raising concerns about potential political influence. According to the Arkansas Times, Sanders has ties to Protect Arkansas Kids, an anti-marijuana group that has now joined the lawsuit. The group is expected to challenge the amendment’s ballot title and popular name, though their specific objections remain unclear. This development adds another layer of political tension to an already contentious legal battle.

The case has the potential to set important precedents, not only for the cannabis community but also for future ballot measure qualifications across Arkansas.

Read Also: Arkansas Poultry Executive Donates $200k+ To Group Opposing Medical Marijuana And Abortion Initiatives

Attorney General Backs Ballot Disqualification

Attorney General Tim Griffin has publicly defended Thurston’s decision, emphasizing the need to follow state law to the letter. “Our laws protect the integrity of the ballot initiative process,” Griffin said, according to the Associated Press. He reiterated his commitment to defending Thurston's stance in court, maintaining that only sponsors—not their agents—can sign key documents related to ballot initiatives.

The Attorney General’s office argues that sponsors play a critical role in ensuring that paid canvassers are well-informed of their legal responsibilities. This, they claim, prevents misunderstandings and maintains the integrity of the ballot process, a stance they are preparing to defend as the case progresses.

Implications For Arkansas Medical Marijuana Program

The proposed amendment seeks to expand the medical marijuana program established in 2016. It aims to broaden the definition of medical professionals authorized to certify patients, include more qualifying conditions and extend the validity of medical cannabis cards from one to three years.

Despite the legal tussle, Issue 3 will appear on the ballot due to certification deadlines. However, the counting of votes depends on the court’s final decision regarding the disputed signatures.

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