Governor stacks state Supreme Court to block medical cannabis expansion initiative 

On October 21, 2024, Arkansas advocates were dealt a cruel blow to their efforts to expand the state’s medical cannabis program and to legalize simple possession for adults when federal law evolves.

In a mysterious set of circumstances, two Arkansas Supreme Court justices recused themselves from a case deciding the fate of a medical cannabis expansion initiative. Governor Huckabee-Sanders appointed two temporary justices.

Both of the temporary justices had reactionary reputations and one had made public anti-cannabis statements in the past. 

In a 4-3 ruling — with a majority that included the two temporary justices — the state  Supreme Court then decided that votes would not be counted on the initiative, and it could not become law even if voters approved it. This was based on supposed issues with signatures along with issues with the title of the initiative, despite the Court approving the measure several months prior. Dissenting permanent judges objected that decades of precedent were being discarded.

In addition to the governor’s actions to block this expansion, the legislature has shown little to no appetite for cannabis policy reform.

Ballot campaign launches to expand Arkansas’ medical cannabis program

On February 20, 2024, Arkansas Attorney General Tim Griffin (R) approved revised ballot initiative language submitted by Arkansans for Patient Access to expand the state’s existing medical cannabis law. The campaign now has until July 5 to gather the 90,709 valid voter signatures to place the Arkansas Medical Cannabis Amendment of 2024 on the November 2024 ballot. To become law, the state constitutional amendment needs a simple majority.

If the amendment is enacted, it would:

• Allow home cultivation — patients/caregivers over 21 could grow seven mature and seven immature cannabis plants  
• Expand practitioners who can recommend medical cannabis to include pharmacists, nurse practitioners, and physician assistants (currently only doctors can certify patients)
• Allow medical cannabis for any medical need (there is currently a limited list of qualifying conditions)
• Allow healthcare providers to recommend cannabis via telemedicine
• Expand reciprocity for out-of-state patients, including issuing cards for non-residents
• Remove the prohibition on the manufacturing and sale of paraphernalia used in the combustion of cannabis
• Make recommendations valid for three years moving forward (currently they are valid for one year)

The amendment also has language that contains a trigger law. When the federal government removes cannabis from the CSA or removes criminal penalties for possession, adults 21+ could legally possess up to an ounce of cannabis and medical dispensaries could sell to adult consumers. The entire revised amendment can be found here.

Lawmakers, court protect medical cannabis patients’ rights

Both the legislature and a court delivered modest victories for patients in recent years. 

In 2023, the state legislature approved and Gov. Sarah Huckabee Sanders signed a bill protecting Arkansas medical cannabis patients’ right to concealed carry of a firearm. The issue of cannabis consumers’ firearm rights remains a contentious issue among federal courts and agencies. 

Also in 2023, an Arkansas judge struck down several amendments to the state’s medical cannabis law previously approved by the state legislature. The judge found lawmakers overstepped their authority by imposing limits on the constitutional medical cannabis program approved by voters in 2016.

Ballot measure to legalize cannabis for adults falls short

In November 2022, for the first time ever, an initiated constitutional measure to legalize cannabis for adults appeared on the Arkansas ballot. With just over half of eligible voters participating in the election, Issue 4 was defeated by a 56.3% - 43.7% margin. 

Opponents relied on a standard playbook of fear tactics to fight against the proposal, and although the measure would have directed cannabis tax revenue to Arkansas police departments, many local law enforcement groups urged voters to reject Issue 4. Several prominent politicians also campaigned against the ballot measure. Existing medical cannabis businesses in Arkansas were major backers of the effort.

Despite the loss, there is good reason to believe Arkansas voters are supportive of cannabis legalization in principle. Recent polls show that a majority of residents favor the idea, which suggests there is hope for future attempts to legalize cannabis. Fortunately, voters also soundly defeated Issue 2, which would have made future ballot initiatives more difficult to pass by raising the threshold for approval for constitutional amendments from a 50% simple majority to a 60% supermajority.

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