Medical Cannabis Expansion In Arkansas Blocked Days Before Election

In a 4-3 decision on Monday, the Arkansas Supreme Court ruled that a proposed constitutional amendment to expand medical cannabis access was “plainly misleading,” effectively blocking it from being considered by voters in the upcoming November election.

Although the initiative by Arkansans for Patient Access (APA) will remain on the ballot, the court ordered election officials not to count any votes cast for the measure. The decision comes just two weeks before Election Day, marking the culmination of a prolonged legal battle over the initiative.

Voter Initiative Deemed Misleading

As MJBiz Daily reported, the court’s majority opinion argued that the amendment’s authors failed to adequately inform voters that, if passed, state lawmakers would no longer have the power to amend the 2016 law that legalized medical marijuana in Arkansas. The ruling dealt a significant blow to the state’s medical marijuana industry, which saw record sales of $283 million in 2023 but has been shrinking this year.

In response to the decision, APA expressed disappointment, stating, "It seems politics has triumphed over legal precedent."

The proposed Arkansas Medical Cannabis Amendment of 2024 sought to expand who could approve medical cannabis cards, allow telemedicine evaluations and authorize medical marijuana for any condition. The initiative also proposed legalizing home cultivation of cannabis and permitting adult-use cannabis if the federal government were to legalize it.

Long Road To The Ballot

After submitting the proposal in January, APA faced multiple legal hurdles, including the state attorney general initially rejecting the ballot language, leading to a rewrite and further approval. Earlier this month, elections officials claimed the group's petition drive fell short by 2,600 signatures, prompting a lawsuit that ultimately led to Monday's ruling.

Just days before this ruling, the conservative group Family Council Action Committee announced a statewide tour ahead of the elections to encourage voters to reject the Arkansas Medical Marijuana Amendment of 2024, citing concerns about illegal immigration and the market monopoly in the state.

Cover image made with AI