The Arkansas Supreme Court has ruled that votes for a ballot measure seeking to expand the state’s medical marijuana program will not be counted due to concerns about the initiative’s wording.
The court found the language of the proposal misleading, citing that voters were not fully informed of its potential consequences.
In a narrow 4-3 decision, the court determined that the proposed amendment did not make clear that it would limit the state legislature’s authority to modify Arkansas’ 2016 medical marijuana law. The initiative also sought to expand the types of medical professionals who could certify patients, add more qualifying conditions, allow patients to grow their own marijuana, and extend the validity of medical cannabis cards to three years.
Despite being listed on the ballot, votes cast for the measure, which will still appear on voting forms, will not be counted. Early voting in Arkansas began on the same day the ruling was issued.
The court also rejected the state’s arguments that the group behind the measure, Arkansans for Patient Access, failed to gather enough valid signatures to qualify for the ballot. The ruling came after Protect Arkansas Kids, an anti-marijuana group, intervened in the case, arguing that voters were not adequately informed that the amendment would legalize possession of up to an ounce of marijuana if federal law changes.
Arkansans for Patient Access expressed frustration with the court’s decision, stating, “We are deeply disappointed in the Court’s decision. It seems politics has triumphed over legal precedent.”
The group had previously sued Arkansas Secretary of State John Thurston after he claimed they didn’t meet the signature requirement, a decision the court ultimately overruled.
