Arkansas marijuana activists file lawsuit after top official says measure to expand medical access has “not enough” signatures

Just a day after Arkansas’ top elections official determined that an initiative to expand medical marijuana legalization had “insufficient” signatures, the campaign behind that reform proposal has filed a lawsuit with the state Supreme Court challenging that finding.

Last month, Arkansans for Patient Access (APA) submitted a final batch of petitions for the cannabis measure, with over 150,000 signatures from all 75 counties in the state. But Secretary of State John Thurston (R) told the campaign on Monday that only 88,040 were valid while they needed 90,704.

Now advocates are fighting back, filing a lawsuit with the Arkansas Supreme Court on Tuesday seeking an expedited hearing as Election Day approaches.

“The court should issue a preliminary injunction requiring the Secretary of State to count and verify all signatures submitted to the Secretary and then certify that the amendment appears on the ballot pending resolution of this lawsuit,” the filing states .

“The court should find that the APA has submitted enough signatures to qualify the 2024 medical marijuana amendment for the general election and force the secretary to certify the initiative for the ballot,” it says.

A supplemental motion to expedite the process states that “the relief is necessary because early voting begins October 15 and irreparable harm will be caused to applicants if the court does not expedite this action” and directs Thurston to grant the initiative confirm.

The measure will definitely be on the ballot since the printing deadline has already passed. The question now is whether the voting results will actually be counted after Election Day.

After activists submitted an initial batch of petitions in early August, state officials said they did not have enough valid signatures at the time and initiated a 30-day processing period for the campaign to make up the difference. According to Thurston’s office, they did not meet that goal.

The campaign pushed back against the state’s action, highlighting that supporters “submitted over 150,000 signatures from all 75 counties, showing clear support for an amendment that would remove barriers to access and reduce the cost of obtaining and maintaining a patient card for.” medical marijuana will decrease.” ”

“Unfortunately, the exclusion of 20,000 valid signatures collected during the healing period — due to an arbitrary, last-minute change in clerical rules — is unfair and contrary to the democratic process,” a campaign spokesman said in a statement after the secretary of state determined that none The number of signatures left was insufficient.

The problem for medical cannabis activists is a policy that blocked a separate proposed amendment to legalize abortion from access to ballots, which requires documents training paid canvassers to come from the measure’s sponsor rather than a representative of the company that hires the petition gatherers has to be signed.

The marijuana proposal primarily aims to build on the state’s existing medical cannabis program, which was created under a previous voter-approved measure. This would be accomplished by allowing medical professionals to provide patients with recommendations for any medical condition they deem appropriate and by allowing patients to grow their own marijuana at home.

Nurse practitioners, physician assistants, pharmacists and osteopathic physicians would be added to the list of professionals who could make these recommendations. Additionally, patients would only have to renew their medical marijuana cards after three years, as opposed to one year under the current law.

Additionally, the measure contains a trigger provision that would completely end cannabis prohibition in Arkansas if the federal government enacts legalization.

The initiative would also allow pharmacies to begin selling pre-rolled joints.

A recent poll found that a majority of likely voters in Arkansas support the initiative to significantly expand the state’s medical marijuana program.

—
Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25 per month get access to our interactive maps, charts and hearings calendar so you don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon for access.
—

The state’s medical marijuana has grown in popularity since its introduction in 2019. In May, officials announced that at least 102,000 residents had registered for patient cards, exceeding expectations.

Meanwhile, a law went into effect in the state last August clarifying that patients who use medical marijuana can obtain a license to carry concealed firearms.

Arkansas voters rejected a ballot initiative that would allow for broader legalization of marijuana for adults in 2022.

Read the text of the campaign’s court filing on the ballot initiative to expand medical marijuana below:

Leading Democrats in Congress are urging DEA to “swiftly” move marijuana and “continue to explore” full legalization.

Photo courtesy of Brian Shamblen.