Supreme Court rejects challenge to medical marijuana act's ballot description | Arkansas Blog

Thursday, September 22, 2016

Supreme Court rejects challenge to medical marijuana act's ballot description

Posted By on Thu, Sep 22, 2016 at 10:18 AM

The Arkansas Supreme Court today rejected a legal challenge to the sufficiency of the ballot title for an initiated act to legalize medical marijuana, dispensed by non-profit facilities.

The lawsuit, by Arkansans Against Legal Marijuana, a coalition including the Farm Bureau and the Arkansas State Chamber of Commerce, cited a number of potential developments from the law not mentioned in the title. On one of the points, the court observed:

.. it is not necessary that a ballot title include every possible consequence or impact of a proposed measure. Further, we have noted above that it is sufficient for the ballot title to be complete enough to convey an intelligible idea of the scope and import of the proposed law.
The court concluded:

the ballot title is an impartial summary of the proposed measure that will give voters a fair understanding of the issues presented and of the scope and significance of the proposed changes in the law. 
Separately, a special master has heard testimony this week about a challenge to sufficiency of signatures on petitions to put the act on the ballot. Attacking the signatures has included a witness for a for-profit signature canvassing company, Heidi Gay of National Ballot Access, whose company was hired to gather signatures for a competing constitutional amendment to allow medical marijuana sales at for-profit dispensaries. That amendment also faces a legal challenge from Arkansans Against Legal Marijuana. That company also was hired to gather signatures for an amendment to allow three additional casinos in Arkansas.

The special master is due to issue proposed findings on signatures Friday. Then the parties will submit briefs on them.

Should the initiated act survive, it's sure some of the legal arguments rejected will be part of the campaign against it: Such as the ability to see marijuana in food or drink form and the prhobition against discrimination against people who use marijuana for medicine. Other arguments included a failure to mention a lack of testing for the limited exception that allows home-grown marijuana and the possibility that state regulators could choose to ignore a cap on dispensaries of one for every 20 pharmacies.

Justice Jo Hart wrote the decision. There were no dissents.

Tags: , , , ,

From the ArkTimes store

Favorite

Comments (14)

Showing 1-14 of 14

Add a comment

 
Subscribe to this thread:
Showing 1-14 of 14

Add a comment

More by Max Brantley

Readers also liked…

  • LR speakers blast state board for double standard

    A series of speakers, beginning with Sen. Joyce Elliott, denounced what they saw as a hidden agenda favoring charter schools at the state Department of Education and asked the state Board of Education for return of local control.
    • May 12, 2016
  • Among the last words from Kenneth Williams: 'Finger Lickin' Good Fried Chicken'

    What's purported to be a final-words essay from condemned prisoner Kenneth Williams was distributed today by Deborah Robinson, a freelance journalist in Arkansas.  He reflects on his execution, his victims, reactions of inmates and big servings of fried chicken, which he says are given to all inmates on execution days.
    • Apr 27, 2017
  • Saturday's open line

    Got any thoughts? Put them here.
    • May 21, 2016

Most Shared

  • Conflicts of interest in the legislatures

    The Center for Public Integrity and the Associated Press collaborated for a project aimed at highlighting state legislators whose lawmaking might be affected by private business interests.
  • Industrial hemp pilot program coming soon to Arkansas

    One of the booths at this week's Ark-La-Tex Medical Cannabis Expo was hosted by the Arkansas Hemp Association, a trade group founded to promote and expand non-intoxicating industrial hemp as an agricultural crop in the state. AHA Vice President Jeremy Fisher said the first licenses to grow experimental plots of hemp in the state should be issued by the Arkansas State Plant Board next spring.
  • Cats and dogs

    I've always been leery of people who dislike animals. To my wife and me, a house without dog hair in the corners and a cat perched on the windowsill is as barren as a highway rest stop. We're down to three dogs and two cats, the smallest menagerie we've had for years.

Most Viewed

Most Recent Comments

  • Re: Open line

    • Cato, there is a reason that the bill of a farmer's cap is bent to…

    • on December 10, 2017
  • Re: Open line

    • John Oliver deserved winning the 2016 and 2017 Emmy Award for Outstanding Variety Talk Series…

    • on December 10, 2017
  • Re: Open line

    • I will have to say, Cato, that it was us Democrats who started subsidizing agriculture,…

    • on December 10, 2017

Blogroll

 

© 2017 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation