A coalition of cannabis advocates and industry leaders submitted their second proposal for an amendment that would expand the state’s medical marijuana program.
Arkansans for Patient Access submitted the revised proposal on Monday. The group made changes Attorney General Tim Griffin suggested when denying their first submission last month. Here are the group’s latest submissions for the ballot title and amendment, including the changes from their first submissions.
In a letter from attorney Steve Lancaster, the group pushed back on Griffin’s additional suggestion from last month that the group’s ballot title had not adequately described how the amendment would change state law regarding advertising. Lancaster said in his letter that the amendment and ballot title include a provision that says all laws inconsistent or in conflict with the amendment would be null and void. That is all that a precedent from the state Supreme Court requires, Lancaster said.
Griffin’s denial also said the ballot title did not adequately summarize the law being repealed and that any measure certified by the attorney general’s office would need to adequately summarize existing law and the proposed law. Lancaster, however, said the state Supreme Court has said it is not necessary for a ballot title to summarize existing law.
The measure has the support of cannabis advocates Melissa Fults and David Couch, as well as the Arkansas Cannabis Industry Association. The measure would expand the state medical marijuana program approved by voters in 2016. The amendment would all pharmacists, nurse practitioners and physicians’ assistants to certify patients as eligible for medical marijuana. The current law allows only doctors to grant certification. The amendment would allow patients to be certified based on any medical need, not just the 18 qualifying conditions that exist under the current program.
The amendment would extend the length of time patient cards remain active, from one year to three years. It would eliminate the $50 fee the state charges for the cards. Patients would also be allowed to grow up to seven mature plants and seven immature plants under rules to be established by the state Alcoholic Beverage Control Division.
In addition to expanding medical marijuana in Arkansas, the revised amendment states that “no constitutional amendment may be amended or repealed without a vote of the people.” Last year, Circuit Judge Chip Welch struck down 27 changes made by the state Legislature to the medical marijuana law.
Bill Paschall, executive director of the Arkansas Cannabis Industry Association, said the language would apply to all amendments whether they are related to medical marijuana or not.
“The added language protects the will of the people and maintains the integrity and intent of the proposed amendment,” Paschall said.
Griffin has 10 business days from the time the proposal was submitted to approve or deny the ballot title.