Can a proposed Arkansas constitutional amendment legalize recreational and medical marijuana along with state-regulated cultivation, retail, and testing facilities?

Plain-English summary

Sponsor Mary L. Berry of Summit submitted a redrafted version of "The Arkansas Cannabis Amendment," a proposed constitutional amendment to legalize recreational marijuana for adults 21 and over, regulate industrial hemp similar to corn or cotton, authorize medical marijuana, impose a 5% excise tax on recreational sales, and release non-violent marijuana offenders with expungement. The proposal also added language to allow operation of facilities for marijuana cultivation, product manufacturing, product testing, and retail.

Attorney General Leslie Rutledge rejected the popular name and ballot title for the second time (the first rejection was Opinion 2016-012, which addressed a separate version of the same proposal). She identified ten ambiguities in the text, most of which were introduced by changes after the previous submission, including a fundamental inconsistency between the individual-only definition of "Marijuana License" and operative provisions that contemplated entity licensees, mismatched use of defined and undefined terms, and unclear scope of various exclusions. The AG could not substitute a corrected ballot title because the problems were in the underlying amendment text.

Currency note

This opinion was issued in 2016. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the AG flagged

The AG identified ten specific issues in the redraft, most of which were new since Berry's previous submission:

1. Entity vs. individual licensing mismatch. Section 9 referred to entities holding marijuana licenses, but the Section 4 definition of "Marijuana License" provided that licenses could be issued only to individual human beings. The provisions could not be reconciled as drafted.
2. "Products Produced" exclusion unclear. The definition contained an exclusion sentence whose meaning was unclear because of pronoun ambiguity ("It"), an item/substance distinction, and a conditional "would constitute" that did not clearly map to the operative text.
3. "Marijuana Plant Tag" / seed-tracking mismatch. The tag definition referred to tracking "from seed to sale," but no other provision in the proposal addressed seeds.
4. Section 6 tax exemption scope unclear. A provision that medical marijuana products "shall not be taxed" sat next to a sales/excise-tax provision. It was unclear whether the exemption reached sales tax, property tax, or both, and whether it applied to marijuana itself or only to products produced from marijuana.
5. Defined-license scope too narrow. Section 4 defined the license as permitting "cultivate, produce, distribute, and sell," but Section 9 contemplated a broader range of activities.
6. Section 9 ambiguity over individual vs. entity acts. The section purported to make lawful certain acts by license-holding entities and by adults acting in an owner/employee/agent capacity, but did not clearly require the human actor to be individually licensed.
7. "Written Recommendation" scope problems. The definition would have permitted naming a minor relative as the authorized purchaser, contradicting the proposal's general intent to keep marijuana out of minors' hands.
8. Overlapping facility categories. Section 9 referred to multiple categories of facilities without clarifying whether a single business could fall in more than one.
9. Reference to nonexistent local rules. Section 9 referred to "rules established by ... local governments pursuant to this amendment," but no provision addressed local rules.
10. Defined terms used inconsistently. The proposal defined "Written Recommendation," then in Section 7 referred to a "valid written recommendation letter," introducing an undefined "validity" requirement and other modifiers that made it unclear whether the section was invoking the defined term or imposing additional requirements.

How this relates to the other 2016 cannabis opinions

This is the second AG opinion rejecting Berry's Arkansas Cannabis Amendment. Opinion 2016-012 (issued February 23, 2016) rejected another version of the same proposal. While Berry struggled to get a clean draft certified, attorney David Couch's narrower medical-marijuana proposal cleared certification in Opinion 2016-007 (also issued in February 2016), and Arkansas voters approved a medical marijuana amendment in November 2016. The recreational/medical/hemp combination Berry sponsored did not make it to the ballot in that cycle.

Background on ballot-title review

Under Ark. Code Ann. § 7-9-107, the Attorney General reviews the popular name and ballot title for clarity, completeness, and fair presentation. The Arkansas Supreme Court has been emphatic that "internal inconsistencies" in the underlying proposal "would inevitably lead to confusion in drafting a popular name and ballot title and to confusion in the ballot title itself" (Roberts v. Priest, 341 Ark. 813 (2000)). The AG cannot rewrite the underlying amendment, only the title. When the act itself is ambiguous, no title can summarize it accurately.

Common questions

Did the Arkansas Cannabis Amendment ever reach the ballot?
Not in 2016. After this and Opinion 2016-012, the sponsor would have needed to redraft and resubmit. The historical record outside the AG's office would have to be checked for any later versions.

Why was Couch's medical marijuana amendment certified while Berry's amendment was rejected?
Couch's measure was narrower (medical only) and the AG was able to substitute a corrected ballot title under Ark. Code Ann. § 7-9-107(b). Berry's broader recreational-medical-hemp-expungement measure had internal contradictions in the underlying text that no substituted title could cure.

What is the practical effect of a ballot-title rejection?
The sponsor cannot collect signatures on the rejected draft. To proceed, the sponsor must redraft the proposal (fixing the substantive issues the AG identified) and start a new certification cycle.

Official summary

Request for certification of the popular name and ballot title of a constitutional amendment proposed to legalize the use of the cannabis plant and products produced from the cannabis plant in Arkansas, and other purposes. RESPONSE: Rejected due to ambiguities in the proposal's text.

Original opinion text

Opinion No. 2016-006
February 2, 2016
Mary L. Berry, Sponsor
Post Office Box 511
Summit, AR 72677
Dear Ms. Berry:
STATE OF ARKANSAS
ATTORNEY GENERAL
LESLIE RUTLEDGE
I am writing in response to your request for certification, pursuant to Ark. Code
Ann. § 7-9-107 (Supp. 2015), of the popular name and ballot title for a proposed
constitutional amendment.
At the outset, I wish to make clear to you that the decision to certify or reject
a popular name and ballot title is in no way a reflection of my view of the
merits of a particular proposal. I am not authorized to, and do not, consider
the merits of the measure when making my determination to certify or reject
a popular name and ballot title.
The Attorney General is required, pursuant to Ark. Code Ann. § 7-9-107, to certify
the popular name and ballot title of all proposed initiative and referendum acts or
amendments before the petitions are circulated for signature. The law provides that
the Attorney General may, ifpracticable, substitute and certify a more suitable and
correct popular name and ballot title. Or, if the proposed popular name and ballot
title are sufficiently misleading, the Attorney General may reject the entire
petition.
Section 7-9-107 neither requires nor authorizes this office to make legal
determinations concerning the merits of the act or amendment, or concerning the
likelihood that it will accomplish its stated objective. In addition, consistent with
Arkansas Supreme Court precedent, unless the measure is "clearly contrary to
323 CENTER STREET, SUITE 200 · LITTLE ROCK, ARKANSAS 72201
TELEPHONE (501) 682-2007 · FAX (501) 682~8084
ARKANSASAG.GOV Mary L. Berry, Sponsor
Opinion No. 2016-006
Page 2
law,"1 this office will not require that a measure's proponents acknowledge in the
ballot title any possible constitutional infirmities.2 Consequently, this review has
been limited primarily to a determination, pursuant to the guidelines that have
been set forth by the Arkansas Supreme Court, discussed below, of whether the
popular name and ballot title you have submitted accurately and impartially
summarize the provisions of your proposed amendment.
The purpose of my review and certification is to ensure that the popular name and
ballot title honestl1', intelligibly, and fairly set forth the purpose of the proposed
amendment or act.
REQUEST
You have requested certification, pursuant to Ark. Code Ann. § 7-9-107, of
the following popular name and ballot title for a proposed constitutional
amendment:
Popular Name
THE ARKANSAS CANNABIS AMENDMENT
Ballot Title
Shall there be an amendment to the Arkansas Constitution
concerning the cannabis plant and, in connection therewith,
providing for the regulation of recreational marijuana similar to
alcoholic beverages and the regulation of industrial hemp similar to
corn and cotton; permitting a person 21 years of age or older to
purchase and possess recreational marijuana, and to allow for the
licensing of persons 21 or older to cultivate and produce limited
amounts of marijuana for the personal, recreational, or medical
1
See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326
Ark. 353, 359, 931 S.W.2d 119, 121 (1996); Plugge v. McCuen, 310 Ark. 654, 841S.W.2d139
(1992).
2 As part of my review, however, I may address constitutional concerns for consideration by the
measure's proponents.
3 See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846 (1984). Mary L. Berry, Sponsor
Opinion No. 2016-006
Page 3
needs of our citizenry, and allow for the operation of facilities for
marijuana cultivation, product manufacturing, product testing, and
product retail; and permitting the state to regulate such facilities;
requiring the general assembly to enact an excise tax of 5% to be
levied upon the sales of recreational marijuana; permitting the use of
medical marijuana to assure that patients, including those under 21
years of age, may have safe access to medical marijuana to treat a
disease, injury, or illness; requiring the release of non-violent
marijuana offenders in this state from incarceration, probation, and
parole and expunging such convictions from all criminal records in
this state?
RESPONSE
The popular name is primarily a useful legislative device. 4 It need not contain
detailed information or include exceptions that might be required of a ballot title,
but it must not be misleading or give partisan coloring to the merit of the
proposal. 5 The popular name is to be considered together with the ballot title in
determining the ballot title's sufficiency.6
The ballot title must include an impartial summary of the proposed amendment or
act that will give the voter a fair understanding of the issues presented. 7 According
to the Court, if information omitted from the ballot title is an "essential fact which
would give the voter serious ground for reflection, it must be disclosed."8 At the
same time, however, a ballot title must be brief and concise;9 otherwise voters
could run afoul of Ark. Code Ann. § 7-5-309's five-minute limit in voting booths
when other voters are waiting in line. 10 The ballot title is not required to be perfect,
4 Pafford v. Hall, 217 Ark. 734, 739, 233 S.W .2d 72, 75 (1950).
5 E.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229
Ark. 411, 316 S.W.2d 207 (1958). For a better understanding of the term "partisan coloring," see
infra at note 12.
6 May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004).
7 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980) (internal citations omitted).
8 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994).
9 See Ark. Code Ann.§ 7-9-107(b).
10 Bailey at 284, 884 S.W.2d at 944. Mary L. Berry, Sponsor
Opinion No. 2016-006
Page 4
nor is it reasonable to expect the title to cover or anticipate every possible legal
argument the proposed measure might evoke. 11 The title, however, must be "free
of any misleading tendency whether by amplification, omission, or fallacy, and it
must not be tinged with partisan coloring." 12 The ballot title must be honest and
impartial, 13 and it must convey an intelligible idea of the scope and significance of
a proposed change in the law. 14 ·
Furthermore, the Court has confirmed that a proposed amendment cannot be
approved if "[t]he text of the proposed amendment itself contribute[s] to the
confusion and disconnect between the language in the popular name and the ballot
title and the language in the proposed measure."15 The Court concluded that
"internal inconsistencies would inevitably lead to confusion in drafting a popular
name and ballot title and to confusion in the ballot title itself."16 Where the effects
of a proposed measure on current law are unclear or ambiguous, it is impossible
for me to perform my statutory duty to the satisfaction of the Arkansas Supreme
Court without (I) clarification or removal of the ambiguities in the proposed
amendment itself, and (2) conformance of the popular name and ballot title to the
newly worded amendment.
It is my opinion, based on the above precepts, that a number of additions or
changes to your ballot title are necessary in order to more fully and correctly
summarize your proposal. I cannot, however, at this time, fairly or completely
summarize the effect of your proposed measure to the electorate in a popular name
or ballot title without the resolution of the ambiguities in the text of your proposed
11 Id. at 293, 844 S.W.2d at 946-47.
12 id. at 284, 884 S.W.2d at 942. Language "tinged with partisan coloring" has been identified by
the Arkansas Supreme Court as language that "creates a fatally misleading tendency" (Crochet v.
Priest, 326 Ark. 338, 347, 931 S.W.2d 128, 133 (1996)) or that "gives the voter only the
impression that the proponents of the proposed amendment wish to convey of the activity
represented by the words." (Christian Civic Action Committee v. McCuen, 318 Ark. 241, 249, 884
S.W.2d 605, 610 (1994)).
13 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990).
14 Christian Civic Action Committee, 318 Ark. at 245, 884 S.W.2d at 607 (internal quotations
omitted).
15 Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000).
16 Id. Mary L. Berry, Sponsor
Opinion No. 2016-006
Page 5
amendment itself. And thus I cannot determine precisely what changes to the
ballot title are necessary to fully and correctly summarize your proposal. It is
therefore not appropriate, in my opinion, for me to try to substitute and certify a
more suitable and correct popular name and ballot title pursuant to Ark. Code
Ann. § 7-9-107(b). Instead, you may, if you wish, redesign the proposed measure
and ballot title, and then resubmit for certification. In order to aid your redesign, I
highlight below the more concerning ambiguities in the text of your proposed
amendment. I note that all, or practically all, the ambiguities noted below arise
from changes made in the proposal after your last submission.

1. Section 9 refers to various entities possessing marijuana licenses. The term
   "Marijuana License" is, however, defined in section 4 in a way such that
   licenses may be issued only to individual human beings. The provisions
   cannot be reconciled as they are drafted.
2. Section 4, in the definition of "Products Produced," contains the following
   sentence: "It shall not include an item that may contain Delta-9-THC but
   whose other ingredient(s) would constitute a substance that is prohibited by
   this state." The meaning of this sentence is unclear in several respects. "It"
   presumably refers to "Products Prohibited" but it does not clearly do so.
   "Item" generally refers to an article or unit. "Substance" generally refers to
   a material, which may or may not be formed into "items." It is not clear
   whether the exclusion, which expressly addresses only "items," includes
   substances. Nor is it clear whether the exclusion applies when the end
   product is an "item" rather than a mere "substance." Also unclear is the
   phrase "would constitute a [prohibited] substance." You may intend that the
   phrase mean the same thing as "constitutes a [prohibited] substance" but
   your use of the word "would" casts doubt on that interpretation.
3. Section 4, in the definition of "Marijuana Plant Tag," provides that the tag
   is "used for tracking the plants [sic] origin from seed to sale." Section 6
   requires that growing marijuana plants display a tag, but the proposal
   appears to contain no provision regarding tags and seeds. The definition's
   meaning is therefore uncertain and ambiguous.
4. Section 6 provides that medical marijuana products "shall not be taxed." It
   is not clear whether this provision, which immediately follows a subsection
   referring to sales and excise taxes, applies to sales taxes, property taxes, or
   both. Nor it is clear whether the provision applies to marijuana itself, or
   only to products produced from marijuana.
5. The definition of "Marijuana License" in section 4 provides that the license
   permits a person to "cultivate, produce, distribute, and sell" marijuana.
   Section 9 purports to permit persons holding licenses to engage in a much Mary L. Berry, Sponsor
   Opinion No. 2016-006
   Page 6
   broader range of activities relating to marijuana. It is accordingly unclear
   why the term is defined in a more limited manner.
6. Section 9 purports to make lawful certain acts by entities holding Marijuana
   Licenses (which, as noted above, appears to be an impossibility) or by "a
   person 21 years of age or older who is acting in his or her capacity as an
   owner, employee or agent" of an entity engaging in marijuana-related
   activities. There is no express requirement in section 9 that such a human
   being be licensed to engage in the listed activities, though the proposal
   seems generally to imply that individuals must be licensed. It is impossible
   to summarize these provisions in a ballot title without clarification.
7. Section 4, in the definition of "Written Recommendation," provides that the
   document may name "an adult or relative" to purchase marijuana for the
   patient "if needed." As written, the definition clearly would permit the
   Written Recommendation to name a minor relative as the authorized "adult
   or relative." Elsewhere, however, the proposal appears intended to keep
   marijuana out of the hands of minors. I cannot determine the meaning of
   this provision. The definition also contains the phrase, "authorizing the use
   of medical marijuana to a patient." This phrase may mean "authorizing use
   by a patient," but I cannot be sure that is the intent.
8. Section 9 refers to "recreational marijuana stores," "marijuana testing
   facilities," "marijuana cultivation facilities," "marijuana product
   manufacturing facilities," and "medical marijuana stores." It is not clear
   whether the proposal is intended to permit a single business to be more than
   one of these things simultaneously.
9. Section 9 refers to "rules established by ... local governments pursuant to
   this amendment [sic]." The provision's meaning is unclear, as the proposal
   does not address local rules.
10. The proposal defines a number of terms, but often (apparently) refers to the
    things defined not by using the defined term but by using other words. For
    example, the proposal defines "Written Recommendation" in section 4, but
    section 7 refers to a "valid written recommendation letter from any medical
    doctor licensed in this state." The definition says nothing about "validity."
    As a result, the language in section 7, requiring "validity," appears to
    require something more than a Written Recommendation. Additionally, the
    definition provides that a writing is a Written Recommendation only if it is
    signed by a medical doctor licensed in the state. Accordingly, the quoted
    language about licensing contained in section 7 appears to be redundant and
    prone to cause confusion. Defining terms but not using them (or using them
    with lower-case first letters and additional modifiers) adds unnecessary
    uncertainty to the proposal. Mary L. Berry, Sponsor
    Opinion No. 2016-006
    Page 7
    CONCLUSION
    The ambiguities noted above are not necessarily all the ambiguities contained in
    your proposal, but they are sufficiently serious to require me to reject your popular
    name and ballot title. I am unable to substitute language in a ballot title for your
    measure due to these ambiguities. Further, additional ambiguities may come to
    light on review of any revisions of your proposal.
    My office, in the certification of ballot titles and popular names, does .not address
    the merits, philosophy, or ideology of proposed measures. I have no constitutional
    role in the shaping or drafting of such measures. My statutory mandate is
    embodied only in Ark. Code Ann. § 7-9-107, and my duty is to the electorate.
    Based on what has been submitted, my statutory duty is to reject your proposed
    ballot title for the foregoing reasons and instruct you to redesign the proposed
    measure and ballot title.17 You may resubmit your proposed act along with a
    proposed popular name and ballot title at your convenience.
    Sincerely,
    ~~- ,,. /./;>17
    LESLIE RUTLEDGE
    Attorney General
    17 Ark. Code Ann. § 7-9-107(c). Popular Name:
    THE ARKANSAS CANNABIS AMENDMENT
    Ballot Title:
    Shall there be an amendment to the Arkansas Constitution concerning the cannabis plant and, in connection therewith, providing for
    the regulation of recreational marijuana similar to alcoholic beverages and the regulation of industrial hemp similar to corn and
    cotton; permitting a person 21 years of age or older to purchase and possess recreational marijuana, and to allow for the I icensing of
    persons 21 or older to cultivate and produce limited amounts of marijuana for the personal, recreational, or medical needs of our
    citizenry, and allow for the operation of facilities for 111arijuana cultivation, product manufacturing, product testing, and product
    retail; and permitting the state to regulate such facilities; requiring the general assembly to enact an excise tax of 5% to be levied upon
    the sales of recreational marijuana; permitting the use of medical marijuana to assure that patients, including those under 21 years of
    age, may have safe access to medical marijuana to treat a disease, injury, or illness; requiring the release of non-violent marijuana
    offenders in this state from incarceration, probation, and parole and expunging such convictions from all criminal records in this
    state?
    Section I. This is an amendment to the Arkansas Constitution that shall be called "The Arkansas Cannabis Amendment."
    Section 2. Effective January 20, 2017 the cultivation, production, distribution, sale, possession, and use of the cannabis plant (genus
    Cannabis) and products produced from the cannabis plant (genus Cannabis) shall be lawful within the entire geographic area of each
    and every county of the state of Arkansas.
    Section 3, Purpose and Findings:
    (a) In the interest of allowing law enforcement to focus on crimes where there are victims, and to enhance individual freedom, the
    people of the state of Arkansas find and declare that the use of recreational marijuana should be legal for persons twenty-one (21)
    years of age or older.
    (b) In the interest of the health and public safety of our citizenry, the people of the state of Arkansas further find and declare that the
    production and sale of recreational and medical 111arijuana should be regulated so that:
    (I) Individuals will have to show proof of age before purchasing recreational marijuana;
    (2) Legitimate, taxpaying business people will conduct sales of recreational and medical marijuana; and
    (3) Marijuana sold by businesses will be labeled and subject to regulations to ensure that consumers and patients are informed and
    protected.
    (c) The people of the state of Arkansas further declare that industrial hemp should be regulated similar to corn, cotton, or any other
    agricultural crop produced in the state
    (d) Nothing in this Amendment proposes or intends to require any individual or entity to engage in any conduct that violates federal
    law, or exempt any individual or entity from any requirement of federal law, or pose any obstacle to federal enforcement of federal
    law.
    Section 4. Definitions:
    (a) "Industrial Hemp" is defined for purposes of this amendment as any part of the cannabis plant (genus Cannabis), living or not,
    containing one percent (I%) or less, by dry weight, Delta-9-tetrahydrocannabinol (Delta-9-THC).
    (b) "Marijuana" is defined for purposes of this amendment as any part of the cannabis plant (genus Cannabis}, living or not,
    containing greater than one percent (I%), by dry weight, Delta-9-tetrahydrocannabinol (Delta-9-THC).
    (c) "Marijuana License" is defined for purposes of this amendment as a registration card issued by the state to any person twenty-one
    (2 l) years of age or older to lawfully cultivate, produce, distribute, and sell marijuana and products produced containing marijuana for
    recreational or medical purposes. Each license shall display a license account number, an expiration date, and the photo, name, date of
    birth, and current address of the holder.
    (d) "Marijuana Paraphernalia" is defined for the purposes of this amendment as any device used to introduce marijuana into the body.
    (e) "Marijuana Plant Tag" is defined for purposes of this amendment as a bar-coded label issued by the state that the cultivator
    attaches to the base or branch of a growing marijuana plant and is used for tracking the plants origin from seed to sale,
    (f) "Medical Marijuana" is defined for the purposes of this amendment as marijuana and products produced containing marijuana that
    is used for the treatment of a disease, illness, or injury
    (g) "Products Produced" is defined for purposes of this amendment as items manufactured from the cannabis plant (genus Cannabis)
    that may contain Delta-9-tetrahydrocannabinol (Delta-9-THC), whereas marijuana products contain greater than one percent (1 %)
    Delta-9-tetrahydrocannabinol (Delta-9-THC) and hemp products contain one percent (l %) or less Delta-9-THC. Any item whose
    components may contain a variation in Delta-9-THC content that would span above the one percent (1%) threshold is to be
    considered marijuana. It shall not include an item that may contain Delta-9-THC but whose other ingredient(s) would constitute a
    substance that is prohibited by this state.
    (h) "Recreational Marijuana" is defined for the purposes of this amendment as marijuana and products produced containing marijuana
    that is used by adults twenty-one years of age or older as an intoxicant similar to an alcoholic beverage.
    (i) "Written Recommendation" is defined for the purposes of this amendment as a document signed by a medical doctor, who is
    licensed in this state, authorizing the use of medical marijuana lo a patient The document shall contain the patient's name, the
    doctor's name, type of marijuana product to be used, dosage, a list of dates in which orders may be filled to supply the patients
    monthly or weekly need, and an expiration date, and a name of an adult or relative who may purchase the monthly or weekly order for
    the patient if needed.
    Section 5. The Regulation orlndustrial Hemp.
    The cultivation, production, distribution, sale, possession, and use of industrial hemp and products produced comprised of industrial
    hemp shall be lawful in this state and may be regulated similar to cotton, corn, or any other crops that are currently regulated by this
    state.
    Section 6. The Regulation of Marijuana.
    The cultivation, production, distribution, sale, possession and use of recreational and medical marijuana shall be lawful and regulated
    by the state. Such regulations are subject to the following conditions:
    (a) The cost of a I icense that shall be issued by the state to authorize any person twenty-one (21) years of age or older to cultivate,
    produce, distribute, and sell marijuana and products containing marijuana for personal, recreational, or medical purposes shall not
    exceed fifty dollars ($50.00) per license per year, and any person twenty-one (21) years of age or older shall qualify to obtain such a
    license, and there shall be no limit to the number of licenses issued in this state
    (b) The cost ofa marijuana plant tag that shall be issued by the state to regulate the cultivation of marijuana plants produced in this
    state, shall not exceed five dollars ($5.00) per tag, and any person with a valid marijuana license as defined in section 4(c) shall
    qualify to purchase such tags, and there shall be a limit of thirty-six (36) tags allowed per year per licensed person. Each tag shall display the marijuana license account number and an expiration date that corresponds with the cultivators marijuana license
    Marijuana plant tags may be purchased in any quantity, but not to exceed thirty-six (36) tags per licensed person per year
    (e) The quantity of plants cultivated and displaying a state issued marijuana plant tag shall be limited to thirty-six (36) growing plants
    per person with a valid marijuana license, but the quantity of the products produced shall not be limited.
    (t) Marijuana plants may be cultivated in a location where the plants are not subject to public view without the use of binoculars,
    aircraft, or other optical aids on property lawfully in possession of the person with a marijuana license or with the consent of the
    person(s) lawfully in possession of the property.
    (g) All marijuana plants legally growing in this state shall display a state issued marijuana plant tag.
    (h) l n addition to the regular sales tax imposed upon the sale of recreational marijuana and products produced containing marijuana
    the state shall also impose an excise tax of five percent (5%).
    (i) Medical marijuana products sold in this state shall not be taxed.
    Section 7. Medical marijuana authorized
    Notwithstanding any other provision of law, the following acts regarding the use of medical marijuana are lawful and shall not be an
    offense under Arkansas law, or be a basis for seizure or forfeiture of assets under Arkansas law:
    (a) Any parent or guardian may provide medical marijuana to their minor child providing that they have valid proof of their child's
    participation in any state medical marijuana program, or have a valid written recommendation letter from any medical doctor licensed
    in this state authorizing the child's use.
    (b) Any medical doctor who is licensed in this state may authorize the use of medical marijuana to a patient by written
    recommendation for the purpose of treating an illness, injury, or disease_
    (c) Any person eighteen (18) years of age or older may purchase medical marijuana providing that they have valid proofoftheir
    participation in any state medical marijuana program or have a valid written recommendation from any medical doctor licensed in this
    state. This shall also include any adult designated by the written recommendation to purchase on behalf of a patient.
    (d) Any patient with valid proof of their participation in any state medical marijuana program or have a valid written recommendation
    from any medical doctor licensed in this state may possess and use medical marijuana.
    Section 8. Marijuana paraphernalia authorized
    Notwithstanding any other provision oflaw, it is lawful and shall not be an offense under Arkansas law or be a basis for seizure or
    forfeiture of assets under Arkansas law for persons twenty-one (21) years of age or older to manufacture, possess, or purchase
    marijuana paraphernalia, or to distribute or sell marijuana paraphernalia to a person who is twenty-one (21 )years of age or older_
    Section 9. Lawful operation of marijuana-related facilities.
    (a) Notwithstanding any other provision of law, the following acts, when performed by a recreational marijuana store with a current
    valid marijuana license, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent ofa
    the store, are lawful and shall not be an offense under Arkansas law or be a basis for seizure or forfeiture of assets under Arkansas
    law:
    (I) Possessing, displaying, storing, or transporting marijuana or marijuana products, except that marijuana and marijuana products
    may not be displayed in a manner that is visible to the general public from a public right-of-way:
    (2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;
    (3) Receiving marijuana or marijuana products from a marijuana testing facility;
    (4) Purchasing marijuana from a marijuana cultivation facility:
    (5) Purchasing marijuana or 111arijuarn1 products from a marijuana product manufacturing facility; and
    (6) Delivering, distributing, or selling marijuana or marijuana products to person 21 years of age or older.
    (b) Notwithstanding any other provision of law, the following acts, when performed by a medical marijuana store with a current valid
    marijuana license, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or agent of a the
    store, are lawful and shall not be an offense under Arkansas law or be a basis for seizure or forfeiture of assets under Arkansas law:
    (I) Possessing, displaying, storing, or transporting marijuana or marijuana products, except that marijuana and marijuana products
    may not be displayed in a manner that is visible to the general public from a public right-of-way;
    (2) Delivering or transferring medical marijuana or medical marijuana products to a marijuana testing facility;
    (3) Receiving medical marijuana or medical marijuana products from a marijuana testing facility;
    (4) Purchasing medical marijuana from a marijuana cultivation facility;
    (5) Purchasing medical marijuana or medical marijuana products from a marijuana product manufacturing facility; and
    ( 6) Delivering, distributing, or selling medical marijuana to a person eighteen ( 18) years of age or older that have val id proof of
    their participation in any state medical marijuana program or have a valid written recommendation from any medical doctor licensed
    in this state. This shall also include any adult designated by the written recommendation to purclrnse on behalf of a patient.
    (c) Notwithstanding any other prov1s1on of law, the following acts, when performed by a marijuana cultivation facility with current.
    valid marijuana license holders, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee or
    agent ofa marijuana cultivation facility, are lawful and shall not be an offense under Arkansas law or be a basis for seizure or
    forfeiture of assets under Arkansas law:
    (I) Cultivating, harvesting, processing, packaging, transporting, displaying, storing, or possessing marijuana;
    (2) Delivering or transferring marijuana to a marijuana testing facility;
    (3) Receiving marijuana from a marijuana testing facility;
    (4) Delivering, distributing, or selling marijuana to a marijuana product manufacturing facility, or a medical or recreational
    marijuana store; and
    (5) Renting cultivation space and providing cultivation services to others with a marijuana license and plant tags.
    (d) Notwithstanding any other provision of Jaw, the following acts, when performed by a marijuana product manufacturing facility
    with a current, valid marijuana license, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee
    or agent of a marijuana product manufacturing facility, are lawful and shall not be an offense under Arkansas law or be a basis for
    seizure or forfeiture of assets under Arkansas law:
    (I) Packaging. processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products;
    (2) Delivering or transferring marijuana or marijuana products to a marijuana testing facility;
    (3) Receiving marijuana or marijuana products from a marijuana testing facility;
    (4) Delivering or selling marijuana or marijuana products to a medical or recreational marijuana store or a marijuana product
    manufacturing facility;
    (5) Purchasing marijuana from a marijuana cultivation facility; and
    (6) Purchasing of marijuana or marijuana products from a marijuana product manufacturing facility.
    (e) Notwithstanding any other provision of law, the following acts, when performed by a marijuana testing facility with a current,
    valid marijuana license, or a person 21 years of age or older who is acting in his or her capacity as an owner, employee, or agent of a
    marijuana testing facility, are lawful and shall not be an offense under Arkansas law or be a basis for seizure or forfeiture of assets under Arkansas law:
    (I) Possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana;
    (2) Receiving marijuana or marijuana products from a marijuana cultivation facility, a medical or recreational marijuana store, a
    marijuana products manufacturer, or a person with a marijuana license; and
    (3) Returning marijuana or marijuana products to a marijuana cultivation facility, recreational or medical marijuana store,
    marijuana products manufacturer, or a person with a marijuana license.
    (t) Notwithstanding any other provision of law, it is lawful and shall not be an offense under Arkansas law or be a basis for seizure or
    forfeiture of assets under Arkansas law to lease or otherwise allow the use of property owned, occupied or controlled by any person,
    corporation or other entity for any of the activities conducted lawfully in accordance with paragraphs (a) through (e) of this section.
    (g) Nothing in this section prevents the imposition of penalties upon marijuana establishments for violating this section or rules
    established by the state or local governments pursuant to this amendment.
    Section JO. Employers, driving, minors, public use, and control of property.
    (a) Nothing in this amendment is intended to require an employer to permit or accommodate the use, consumption, possession,
    transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies
    restricting the use of marijuana by employees.
    (b) Nothing in this amendment is intended to allow driving under the influence of marijuana or to supersede Jaws related to driving
    under the influence of marijuana
    (c) Nothing in this amendment is intended to permit the transfer of recreational marijuana, with or without remuneration, to a person
    under the age of 21.
    (d) Nothing in this amendment is intended to permit a person under the age of21 to cultivate, produce, sell, possess, or use
    recreational marijuana.
    (e) Nothing in this amendment is intended to permit the consumption of marijuana or products containing marijuana in public.
    (t) Nothing in this amendment shall prohibit a person, employer, school, hospital, recreation or youth center, correction facility,
    corporation or any other entity who occupies, owns or controls private property from prohibiting or otherwise regulating the
    possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property
    Section 11. Non-violent marijuana offenders and criminal record expungement
    All persons who are serving incarceration, probation, and parole in this state whose only conviction(s) were due to violating state laws
    as they pertain to the cultivation, production, distribution, sale, and possession of marijuana and or possession of marijuana
    paraphernalia, and whose violations occurred prior to the effective date of this amendment shall be released, and all criminal records
    in this state shall be expunged of such convictions that occurred prior to the effective date of this amendment.
    Section 12. Connicting Laws
    The provisions of this amendment are independent and severable, and, except where otherwise indicated in the text, shall supersede
    conflicting statutes, local charter, ordinance, or resolution, and other state and local provisions. If any provision of this amendment, or
    the application thereof to any person or circumstance, is found to be invalid or unconstitutional, the remainder of this amendment
    shall not be affected and shall be given effect to the fullest extent possible.