Group Tries to Stop Arkansas Recreational Marijuana Issue from Going on the Ballot

A group looks to stop the Recreational Marijuana Issue from going on the ballot in Arkansas.

The story below from the Arkansas Gazette:

A ballot question committee opposed to the legalization of recreational marijuana has asked the Arkansas Supreme Court to allow it to intervene in the case that will determine if a proposed constitutional amendment remains on the November ballot.

The group, Save Arkansas from Epidemic, filed a motion Wednesday with the Arkansas Supreme Court to intervene with memorandum of authorities and a request to expedite consideration. Court documents state the group seeks to intervene to protect the interests and rights of Arkansans who oppose the legalization of recreational marijuana.

The documents were filed by David Burnett, in his capacity as chairman of Save Arkansas from Epidemic, and A.J. Kelly, a lawyer from Little Rock.

Officials for Responsible Growth Arkansas filed a response Thursday to the motion, saying it comes too late in the expedited proceeding without explanation, poses prejudice to petitioners by interjecting new issues when time is running short, and is unnecessary because respondents adequately represent intervenors’ interests.

No decision had been made by the court Thursday night.

Earlier this month, the state Supreme Court granted a petition to allow a proposed constitutional amendment that would legalize recreational marijuana back on the November ballot until it decides how to proceed with the Arkansas Board of Election Commissioners’ decision to not approve its ballot title.

The state Supreme Court said Secretary of State John Thurston had been ordered to conditionally certify Responsible Growth Arkansas’ proposed initiated amendment pending its decision in this case.

Officials for Responsible Growth Arkansas filed the petition seeking a preliminary injunction because the Aug. 25 deadline for certification of initiated measures is pressing, and asked the court to order the secretary of state to conditionally certify the petitioners’ proposed initiated amendment pending the court’s decision.

The proposed constitutional amendment would issue adult-use cannabis cultivation and dispensary licenses to businesses that already hold licenses under the state’s medical marijuana program, followed by an additional 40 licenses chosen by a lottery.

Board of Election Commissioners member Bilenda Harris-Ritter, the Republican Party’s designee, made the motion to deny the ballot title and popular name for the amendment partly because it would repeal the current THC limits without explaining if a new limit would be set. THC, or tetrahydrocannabinol, is the main psychoactive compound in marijuana.

Responsible Growth counsel Steve Lancaster argued the role of the Board of Election Commissioners is not to judge the amendment itself but to see if the ballot title has language that is misleading or omits information that could change a voter’s mind.

The initiative limits the sale of cannabis to people 21 or older and prohibits advertising and packaging designed to appeal to children. It provides regulatory oversight by limiting the number of licensed businesses, and does not allow for homegrown cannabis.

It also limits the number of cannabis licenses to 20 cultivators and 120 dispensaries statewide, which includes existing medical marijuana licenses.