Arkansas Court Ruling Threatens Medical Cannabis Program Rollback
State Supreme Court decision gives legislature power to amend voter-approved initiatives
The Arkansas Supreme Court ruled Thursday that state lawmakers can amend or repeal voter-approved constitutional amendments, a decision that could fundamentally alter the state's medical marijuana program established by ballot initiative in 2016.
The 4-3 decision reverses more than a century of legal precedent protecting citizen-initiated amendments from legislative interference. Under the new interpretation, the General Assembly gains authority to modify Amendment 98, which legalized medical cannabis for qualifying patients across Arkansas.
"The thing that bothers me the most is they applied it retroactively, not prospectively," said David Couch, the attorney who drafted Arkansas's medical marijuana amendment. "They upended 115 years of work by the people of the state of Arkansas on these initiatives."
Impact on Patients
Emily Williams, an Arkansas medical cannabis patient, struggled to find medication that alleviated chemotherapy side effects like nausea and loss of appetite following her cancer diagnosis. She eventually found relief through the state's medical marijuana program, which currently serves approximately 90,000 registered patients.
The ruling creates immediate uncertainty for patients like Williams and the 38 licensed dispensaries operating statewide. Arkansas's medical cannabis market generated over $350 million in sales in 2023, according to state revenue data.
Melissa Fults, executive director of Arkansans for Cannabis Reform, warned the decision could embolden lawmakers who have previously attempted to restrict program access. "This opens the door for the legislature to gut protections that patients fought hard to win," Fults said.
Legislative History
Arkansas voters approved medical marijuana by a 53% margin in 2016 after rejecting a similar measure in 2012. The program launched in 2019 and has steadily expanded, with cultivation facilities producing over 12,000 pounds of cannabis monthly.
State legislators have introduced multiple bills attempting to restrict the program since its inception. Previous efforts targeted advertising restrictions, product potency limits, and qualifying condition requirements. All failed due to constitutional protections—safeguards the court's new ruling effectively eliminates.
The decision stemmed from a case challenging the legislature's authority to refer constitutional amendments to voters. Chief Justice Dan Kemp wrote in the majority opinion that the court's previous interpretation "cannot be reconciled with the plain text" of the state constitution.
Industry Response
The Arkansas Medical Marijuana Association, representing licensed operators, expressed concern about investment stability. "Businesses have invested tens of millions of dollars based on voter-approved protections," said association president Robert Brech. "This ruling introduces regulatory uncertainty that could freeze expansion plans."
Several multi-state operators with Arkansas licenses—including Acreage Holdings and Green Thumb Industries—have significant capital deployed in cultivation and retail infrastructure. The companies did not immediately respond to requests for comment.
Legal experts noted the decision could affect pending adult-use legalization efforts. Responsible Growth Arkansas plans to submit signatures for a 2024 recreational cannabis ballot initiative. If approved by voters, the new ruling would allow lawmakers to subsequently amend or repeal legalization provisions.
What's Next
The Arkansas General Assembly reconvenes in January 2025. Multiple legislators have already signaled intent to introduce medical marijuana restrictions, according to statehouse sources.
Couch and other reform advocates plan to challenge the ruling through additional litigation or pursue a new constitutional amendment explicitly protecting voter-approved initiatives from legislative modification. "We're exploring every legal option," Couch said.
Patient advocates are mobilizing opposition campaigns ahead of the legislative session. Arkansas NORML announced plans for a January rally at the state capitol and is organizing constituent outreach to key lawmakers.
The state Department of Finance and Administration, which oversees the medical marijuana program, declined to comment on potential regulatory changes pending legislative action.
This article is based on original reporting by www.marijuanamoment.net.
Original Source
This article is based on reporting from Marijuana Moment.
Read the original articleOriginal title: "Arkansas Supreme Court Ruling Could Let Lawmakers Roll Back Medical Marijuana Access"
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