Voters will decide the fate of a proposal to legalize the adult use of marijuana in the Nov. 8 general election.
At least nine states and the District of Columbia currently allow people to grow cannabis for personal use, but Arkansas would be the only one that would require marijuana to be purchased from a commercial dispensary.
Ballot No. 4 would amend the Arkansas Constitution to allow the possession, personal use and consumption of cannabis by adults, but would only allow it to be grown and sold on licensed commercial premises .
The state’s ban on the sale of drug paraphernalia would be lifted for licensed facilities and would repeal the Arkansas residency requirement for owners and eliminate the need for a criminal background check for owners who have less than 5 percent of the business.
It would also eliminate the sales tax on medical cannabis and collect the tax on recreational sales. The Arkansas Cooperative Extension Service Voters Guild says the 6.5 percent sales tax and an additional 4 percent special privileges tax have generated more than $70.6 million for state coffers since medical marijuana sales began in 2019.
However, the use, sale, and possession of cannabis over 0.3% THC, also known as marijuana, remains illegal under federal law, regardless of state laws. Tetrahydrocannabinol, or THC, is the main psychoactive chemical in cannabis.
As a Schedule I drug under the federal Controlled Substances Act of 1970, cannabis with more than 0.3% THC is declared to have no “accepted medical use” and a high potential for abuse and physical dependence or psychological
Industrial hemp, another variety of cannabis, contains 0.3 percent or less of THC. The 2018 federal bill removed industrial hemp from the Schedule I drug list, although under federal regulatory law, a Drug Enforcement Administration license is required to grow it .
Under federal law, the use of marijuana remains illegal for any reason, with the exception of research programs approved by the US Food and Drug Administration.
Last week, the Village Voice asked the federal Drug Enforcement Administration’s Office of Public Affairs how DEA enforcement was handled in states that have passed laws authorizing the recreational use of marijuana. An automated email response from the DEA said it would respond to media inquiries within 24 hours; however, no statement was received within that time frame or at press time.
Arkansas is among the states that have enacted legislation creating an exemption for cannabis for medical use. Louisiana, Massachusetts and Michigan have adopted exemptions for industrial use, and California, Oregon and Colorado are among the states that allow recreational marijuana.
Possession, sale, delivery or manufacture of more than 500 pounds of marijuana is considered a trafficking offense under Arkansas statute, with a mandatory minimum of 10 years in prison and a maximum of 40, along with a fine of up to $15,000.
A group called Responsible Growth Arkansas sponsored the proposed constitutional amendment. Groups that have registered with the Arkansas Ethics Commission to oppose Issue 4 are the Arkansas Family Council Action Committee, Safe and Secure Communities, and Save Arkansas from Epidemics.
The Arkansas State Police does not take a position on voting matters, including those involving law enforcement. “The Arkansas State Police, as a law enforcement agency that represents the public as a whole, is not involved in speaking for or against a referendum issue that will be decided by the voters of Arkansas,” spokesman Bill Sadler said.
State Rep. Lanny Fite, who represents part of the town, says he opposes Issue 4 for these reasons:
1) “Medical marijuana growers and dispensaries will have a monopoly on growing and selling marijuana. They now have that monopoly on medical marijuana.”
2) “I think it’s a gateway drug for many people with an addictive nature.”
3) “It is a constitutional amendment and it will be difficult to change; please read and make sure this is what you want. Colorado approved recreational marijuana a few years ago and now they’re going to vote to legalize psychedelic mushrooms.”
A gubernatorial candidate opposes No. 4; two others support it. Republican Sarah Sanders Huckabee opposes it; Democrat Chris Jones and Libertarian Ricky Harrington support it.
Also announcing opposition are Gov. Asa Hutchinson, Lt. Gov. Tim Griffin, U.S. Sen. Tom Cotton and U.S. Rep. French Hill, who represents the Saline County portion of HSV.
Former Arkansas Gov. Mike Huckabee announced his opposition to Issue 4 in a video from the Arkansas Family Council Action Committee.
Huckabee said states that have legalized marijuana have seen an “increase in vehicle accidents and workplace issues.” He called No. 4 a “disastrous proposition” and rejected the claim that “our state and our citizens and especially our children will be better off for somehow making recreational drugs a part of their daily lives.”
Responsible Growth Arkansas has refused to stop using ads that include images of Little Rock Police Department officers.
On Oct. 4, Little Rock City Attorney Tom Carpenter sent Responsible Growth Arkansas a cease-and-desist letter asking the group to stop using the ads, because the ads included images of officials from the ‘LRPD without the knowledge or consent of the department.
An Arkansas Responsible Growth attorney reportedly told the city “we see no legal basis for the lawsuit that RGA [Responsible Growth Arkansas] cease and desist from using this video.
On October 12, marijuana advocate Melissa Fults held a press conference against Issue 4 at the Arkansas Capitol. Fults supports medical and recreational marijuana in Arkansas, but said he is “strongly opposed” to Issue 4.
In a statement, Fults said, “Proposition 4 allows a greedy monopoly to control marijuana in Arkansas. The way this measure distributes grow and dispensary licenses, the entire cannabis industry could be owned by four or eight people. who may not even live in Arkansas. That’s not right.”
“Number 4 does not eliminate marijuana convictions. Growers will make millions of dollars, and it will be legal for consumers to use marijuana, but people whose lives have been ruined by marijuana convictions will continue to have their lives ruined by this criminal record”.
Fults, a Saline County dairy goat farmer and executive director of the nonprofit Arkansans for Cannabis Reform, said No. 4 would hurt sales of industrial hemp and CBD oil. “According to #4, the same monopoly that controls the cultivation of marijuana would also control the production of hemp and CBD.
The definition of cannabis in #4 does not exclude industrial hemp and CBD oil. This would remove the licenses of hemp farmers and put CBD shops out of business. Other states excluded hemp from their recreational cannabis laws, but #4 fails to do so.”
Another Saline County lawmaker, state Rep. Julie Mayberry, told the Village Voice she opposes No. 4.
“I’m against No. 4 because I’m against recreational marijuana. It’s only going to add to our drug problems in the state, it’s not going to solve them.”
“Voters should know that some of Arkansas’ top recreational marijuana advocates are also against it for a variety of reasons, not least because of the amendment’s wording.”
“So even if you don’t agree with me on my stance against recreational marijuana, I urge a voter to read between the lines and take the time to understand the unintended consequences of this proposal,” he said. Mayberry.
On Thursday, October 12, the Arkansas Supreme Court chose to leave No. 4 on the ballot.
Arkansas Family Council President Jerry Cox said in a statement: “Proposition 4 is a deceptive proposal to legalize marijuana in Arkansas. It was created and supported by the marijuana industry. If passed , Arkansas will have the most unregulated cannabis industry of any state in America. This could lead to serious crime and drug problems in Arkansas.”
Cox said No. 4 could spell disaster. “Number 4 specifically prohibits the state from requiring criminal background checks for certain marijuana business owners. Legalizes all products, chemicals and derivatives made from the cannabis plant. Prevents public officials from zoning marijuana businesses or restrict the use of marijuana. It blankly states that state and local government cannot levy additional taxes on marijuana. The amendment makes marijuana one of the least regulated industries in Arkansas. This is a prescription for disaster.”
Cox said Arkansans need to know that the legalization of marijuana is driven by drug cartels and big business. “Marijuana is a multibillion-dollar business. Drug cartels and shady corporations are taking advantage of marijuana in states like Oregon and California. Clearly, they want to expand their market in Arkansas. We remain committed to fighting them every step of the way. Our state doesn’t need another drug problem.”
Sales would begin next March 7, according to a study commissioned by the Arkansas Economic Development Institute, or AEDI, a unit of the University of Arkansas at Little Rock.
The constitutional amendment would earmark some revenue for law enforcement and medical purposes, and eliminate the sales tax on medical cannabis. As an amendment, the Arkansas General Assembly could not change the details; voters would have to approve another amendment.
The AEDI study states that “much of the potential economic impact is derived from purchases by out-of-state consumers, particularly new tourists who are drawn to Arkansas vacations specifically because of availability of cannabis for adults”. But even setting that input to zero, researchers believe the state would take money from recreational marijuana.
The Village Voice had also reached out to Fite’s Arkansas House District 83 general election opponent, Libertarian Jason Reeves, as well as the candidates for Arkansas Senate District 5, Democrat Cortney McKee and Republican Matt McKee, but no responses had been received at press time.
After redistricting, Arkansas House District 83 will cover much of Hot Springs Village on Jan. 1, and Senate District 5 will include the entire village.
The Arkansas Cooperative Extension Service offers information on the four proposed constitutional amendments in its print and online voter guide at https://www.uaex.uada.edu/ballot.
