Why did the Arkansas AG reject Larry B. Morris's 2017 ballot title for the proposed Arkansas Cannabis Amendment?

Plain-English summary

Larry B. Morris submitted a proposed constitutional amendment titled "The Arkansas Cannabis Amendment" for AG certification. The amendment would have legalized marijuana, industrial hemp, and paraphernalia in Arkansas effective November 7, 2018, removed cannabis from the Uniform Controlled Substances Act, and provided release and expungement for persons convicted only of marijuana offenses.

AG Leslie Rutledge rejected the popular name and ballot title because of five drafting ambiguities in the underlying measure. The pattern was familiar from contemporaneous Berry and Romane submissions: the proposal's substantive scheme was sketched at a high level but left enough internal contradictions that no honest ballot title could summarize it.

Currency note

This opinion was issued in 2017. 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.

The five specific defects the AG identified

Defect 1: Section 3(f)'s sheriff-issued transport pass ambiguity. Section 3(f) required a transport pass "provided by an Arkansas County Sheriff" to transport more than four pounds of industrial hemp, marijuana plants, or marijuana products. Two ambiguities sat inside that sentence:

• The pass had to "provide a name of driver" but the underlying provision referred to "person" elsewhere in the section. It was unclear whether the named driver had to match the person to whom the pass was issued, or whether one person could request a pass and someone else could drive.
• The phrase "an Arkansas County Sheriff" could be read as either "any sheriff in Arkansas" or "the sheriff of Arkansas County" specifically (Arkansas has both meanings). The AG flagged this footnote-level ambiguity directly.

Without resolving these, voters could not be told who issues the transport pass or who can use it.

Defect 2: Section 5(a)'s "consent" clause and 12-plant household rule. Section 5(a)(1) let any "business or person 18 years of age or older" cultivate up to 50 mature cannabis plants in a location "not subject to public view ... on the property he or she owns, or with the consent of the person(s) who owns the property." A reasonable voter could read that two ways:

• A grower must be on owned property AND out of public view, OR have owner consent (and still be out of public view); OR
• A grower must be out of public view on owned property, OR may grow even in public view if the owner consents.

Section 5(a)(2) added that no more than 12 mature plants may grow inside a "cultivator's household" using electric sunlamps. That triggered two more sub-ambiguities: (a) whether the 12-plant cap applied if the cultivator did not own the household, and (b) what counts as a "household" for greenhouse-or-similar setups. The proposed ballot title only said "up to 50 marijuana plants in a location not subject to public view without optical aid," which papered over all of this.

Defect 3: Section 5(b)'s "products produced from marijuana" undefined. Section 5(b) addressed transport of plants and "products produced from marijuana," but no definition appeared in Section 3, Section 5(b), or Section 6 ("Marijuana Products"). A ballot title cannot summarize the legalization of an undefined category of items.

Defect 4: Section 5(c)'s person-versus-business ambiguity. Section 5(c) authorized production, distribution, and sale "of marijuana and products produced from marijuana to any person 18 years of age or older." The 18-year limit implied "person" meant a natural person. But Section 7 ("Marijuana Paraphernalia") explicitly let paraphernalia be sold "to another business or person who is eighteen (18) years of age or older." Reading the two together, paraphernalia could go to business entities but marijuana itself could only go to natural persons, which is a strange asymmetry. Voters could not be told which way the proposal cut.

Defect 5: Section 2's silence on regulators. Section 2 made the cannabis plant lawful "in every geographical area of every county" effective November 7, 2018, and removed it from the Uniform Controlled Substances Act. But no regulatory body, licensing scheme, or oversight mechanism appeared anywhere in the amendment. As with Romane's contemporaneous submission, this silence made it impossible to summarize the amendment's regulatory effect for voters.

What the proposal would have done (assuming the defects were fixed)

For policy researchers tracking the substantive features:

• Effective November 7, 2018
• Removes cannabis plant from Uniform Controlled Substances Act
• Allows business or person 18+ to cultivate up to 50 mature plants out of public view
• 12-plant cap inside a "household" using electric sunlamps
• Sheriff-issued transport pass for moves over four pounds
• Release and expungement for persons whose only convictions were marijuana-related
• Carve-outs for employer policies, DUI prohibition, transfer to minors

Notable contrasts with contemporaneous proposals: Morris included a sheriff-based transport pass system not seen in Berry or Romane drafts, plus a 50-plant cap (versus Berry's 36-plant cap with $6 plant tags).

Common questions

What does "Arkansas County Sheriff" mean?
Arkansas County is one of the 75 counties in Arkansas. The phrase "an Arkansas County Sheriff" could mean (a) any county sheriff within the state of Arkansas, or (b) the specific sheriff of Arkansas County. The AG flagged this directly in a footnote: "Section 3(f) can be interpreted to mean that only a sheriff of Arkansas County can issue transport passes."

Why is the household 12-plant rule problematic?
Because it conflicts with the 50-plant rule in 5(a)(1) and is silent on common scenarios. A grower who owns a greenhouse on their land, uses sunlamps, but lives in the same building, faces an unanswered question: 12 plants or 50? Voters cannot vote intelligently on a rule that does not specify which scenarios it governs.

Could business entities sell paraphernalia but not marijuana? Read literally, yes, that's what the proposal said (Section 7 explicitly permitted sales "to another business or person," Section 5(c) only "to any person"). The asymmetry was probably an oversight, but the AG cannot guess what the sponsor meant. Voters need to know which industries the amendment legalizes.

Can sponsors fix all of these and resubmit?
Yes. The AG flagged the defects specifically as a roadmap for redrafting, and noted that "additional ambiguities may come to light on review of any revisions."

Background and statutory framework

Ark. Code Ann. § 7-9-107 implements Article 5, § 1 of the Arkansas Constitution (the initiative/referendum provision via Amendment 7). The AG can certify, substitute and certify, or reject. Bailey v. McCuen, 318 Ark. 277 (1994), and Roberts v. Priest, 341 Ark. 813 (2000), are the workhorse Arkansas Supreme Court standards for evaluating ballot titles.

The five-minute voting-booth limit in Ark. Code Ann. § 7-5-309 forces brevity. Roberts v. Priest prevents the AG from approving a measure when "internal inconsistencies would inevitably lead to confusion in drafting a popular name and ballot title." Griffin v. Rhoton (1907) addresses self-executing constitutional provisions and the legislature's role in supplementing them.

Citations

• Ark. Code Ann. § 7-9-107 (AG ballot-title certification authority)
• Ark. Code Ann. § 7-5-309 (five-minute voting-booth limit)
• Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994)
• Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000)
• Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980)
• Griffin v. Rhoton, 85 Ark. 89, 107 S.W. 380 (1907)
• Lange v. Martin, 2016 Ark. 337
• Wilson v. Martin, 2016 Ark. 334
• Op. Att'y Gen. 2017-010 (Mary Berry contemporaneous submission)
• Op. Att'y Gen. 2017-011 (Romane contemporaneous submission)
• Op. Att'y Gen. 2017-014 (Jason Berry contemporaneous submission)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion N . 2017-012
February 10, 2017
Larry Morris, Sponsor
50 Crest A venue
West Fork, AR 72774
Dear Mr. Morris:
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 initiated measure. 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, if practicable, 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 Larry B. Morris, Sponsor Opinion No. 2017-012 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 proposal. 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 Arkansas Cannabis Hemp and Recreational Marijuana Amendment Ballot Title An amendment to the Arkansas Constitution concernmg the cannabis plant, providing that the cultivation, production, distribution, sale, possession, and use of recreational marijuana and cannabis hemp and products produced therefrom may not be prohibited under State law, but shall be regulated under State law; recognizing that such activities remain unlawful under federal law; providing for the release from incarceration, probation, or parole of all persons whose current and only conviction(s) in which they are serving were of State laws pertaining to the cultivation, production, 1 See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326 Ark. 353, 359, 931S.W.2d119, 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). Larry B. Morris, Sponsor Opinion No. 2017-012 Page 3 distribution, sale, and possession of marijuana or possession of marijuana paraphernalia, and the expungement of records relating to such conviction(s); dividing cannabis in to [sic] cannabis hemp (containing 0.3% or less THC) and marijuana (containing more than 0.3% THC); regulating the cultivation, production, distribution and the sale of cannabis hemp and products produced therefrom; providing that a business and anyone 21 years of age or older may obtain a cannabis hemp license permitting the business or person to cultivate cannabis hemp; authorizing recreational use of marijuana; providing that a business and anyone 21 years of age or older may obtain a marijuana license permitting the business or person to cultivate, produce, and sell marijuana and products produced therefrom for recreational purposes; providing that a licensed person or business may cultivate up to 36 marijuana plants in a location not subject to public view without optical aid; providing that sales of recreational marijuana will be subject to existing sales taxes and an additional 5% recreational marijuana excise tax and a local sales tax of 2%; permitting any business that is 1500 feet away or more from a public or private school, church, or daycare may sell recreational marijuana to any person 21 years of age or older; providing that the owner(s) of the business and any and all employees have a marijuana license, and that the recreational marijuana being sold in the form of edibles or drinkables (a)is [sic] not designed to appeal to children; (b) shall not exceed 10 milligrams of TCH per service, and ( c) labeling or packaging must provide product information; providing that the manufacture, possession, purchase, sale, and distribution of marijuana paraphernalia is lawful under State law; and providing that the amendment (a) is not intended to require employers to permit activities relating to recreational marijuana in the workplace, (b) is not intended to permit driving under the influence of marijuana, ( c) is not intended to permit the transfer of recreational marijuana to anyone under 21 years of age, ( d) nor permit anyone under 21 years of age to cultivate, produce, sell, possess, or use recreational marijuana. 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, 4 Pafford v. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 ( 1950). Larry B. Morris, Sponsor Opinion No. 2017-012 Page 4 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, a ballot title will not be legally sufficient unless it "adequately inform[ s ]" the voters of the contents of a proposed amendment or act so that they can make a "reasoned decision in the voting booth."8 A ballot title's failure to "honestly and accurately reflect what is contained in the proposed [act or] Amendment" may lead the Court to conclude that the "omission is significant."9 The Court has also disapproved the use of tenns that are "technical and not readily understood by voters."10 Without a definition of such terms in the ballot title, the title may be deemed insufficient. 11 Additionally, if information omitted from the ballot title is an "essential fact which would give the voter serious ground for reflection, it must be disclosed."12 At the same time, however, a ballot title must be brief and concise; 13 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. 14 The ballot title is not required to be perfect, nor is it reasonable to expect the title to cover or anticipate every possible legal 5 See, 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 note 16 infra. 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 Lange v. Martin, 2016 Ark. 337, 9, at n. 2. 9 Id. at 9. 10 Wilson v. Martin, 2016 Ark. 334, *9. 11 Id. 12 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994). 13 See Ark. Code Ann. § 7-9-107(b ). 14 Bailey at 284, 884 S.W.2d at 944. Larry B. Morris, Sponsor Opinion No. 2017-012 Page 5 argument the proposed measure might evoke. 15 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."16 The ballot title must be honest and impartial, 17 and it must convey an intelligible idea of the scope and significance of a proposed change in the law.18 Furthermore, the Court has confirmed that a proposed measure cannot be approved if the text of the proposal itself contributes to confusion and disconnect between the language in the popular name and the ballot title and the language in the proposed measure.19 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."20 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 proposal itself, and (2) conformance of the popular name and ballot title to the newly worded proposal. 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 the measure 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 15 Id. at 293, 844 S.W.2d at 946-47. 16 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)). 17 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990). 18 Christian Civic Action Committee, 318 Ark. at 245, 884 S.W.2d at 607 (internal quotations omitted). 19 Cf Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000). 20 Id. Larry B. Morris, Sponsor Opinion No. 2017-012 Page 6 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 proposal.

1. Sections 3(t) of your proposed amendment concerns the
   transport of more than four pounds of industrial hemp, marijuana, and marijuana products. The subsection requires a transport pass "provided by an Arkansas County Sheriff'21 to enable "a person to transport industrial hemp crops, marijuana plants, and or products produced from marijuana" on any public road in Arkansas. The transport pass "shall provide a name of driver and a date of expiration." While the use of "person'' in Sections 4, 5, and 7 of your proposal create additional ambiguities (see below), there is an internal ambiguity in Section 3(f) caused by the simultaneous use of "person" and "driver." It is unclear if the "name of driver" appearing on the pass must match the name of the "person" to whom the sheriff has provided the pass. Thus, it is unclear if a "person" could request and be issued a transport pass on behalf of another individual who would be the actual "driver." The fact that Section 3(f) does not define "person" (e.g., as both a natural person and a business entity, or solely as a natural person) exacerbates this confusion. Because statewide transportation of large quantities of industrial hemp, marijuana, and products produced from marijuana would be of significance to voters, the ambiguities in Section 3(f) must be clarified in order to ensure that a ballot title accurately summarizes the transport-pass framework.
2. Section S(a) addresses the cultivation of marijuana, defined in
   Section 3(c) as any part of a mature cannabis plant containing more than .3% THC. According to Section S(a)(l), "any business or person 1·8 years of age or older" may cultivate up to 50 mature cannabis plants, and an unlimited number of seedlings, if the following conditions are satisfied: cultivation must occur in a location where the plants are "not subject to public view without the use of binoculars, aircraft, or other optical aids on the property he or she owns, or with the consent of the person(s) who owns the property." However, it is unclear what the dependent clause "or with the consent of the person(s) who owns the property" means in 21 Please note that Section 3(f) can be interpreted to mean that only a sheriff of Arkansas County can issue transport passes. Larry B. Morris, Sponsor Opinion No. 2017-012 Page 7 the context of the preceding limitations on marijuana growth. On the one hand, a reasonable voter could interpret the clause as requiring that a cultivator either own the property where the marijuana is grown out of public view, or obtain the property owner's consent prior to cultivation taking place out of public view. On the other hand, a voter could interpret the clause as requiring marijuana to be grown out of public view "on property [the cultivator] owns," or in (or out of) public view if the cultivator has the "consent of the person(s) who owns the property." But the ballot title currently proposed simply states that "a person or business may cultivate up to 50 marijuana plants in a location not subject to public view without optical aid." The ambiguity caused by this "consent" clause must be resolved before a ballot title can impart the requirements for cultivating marijuana. Likewise, the current version of Section 5(a)(2) would mislead voters if summarized in a ballot title. This subsection states that "[ n Jot more than twelve (12) mature plants may be growing inside the cultivator's household if electric sunlamps are being used." Two ambiguities are apparent: whether a cultivator is limited to 12 mature marijuana plants if he or she does not own the household where the plants are grown, and what constitutes a "household" for purposes of the 12-plant rule. Thus, a reasonable voter might believe that a cultivator who has a property owner's consent (but who does not own the property) could use electric sunlamps to grow up to 50 mature cannabis plants. And a voter might reasonably question whether a cultivator who uses electric sunlamps in a greenhouse-like structure, but who resides on the land containing the greenhouse, would be limited to 12 mature marijuana plants. These ambiguities prevent me from accurately summarizing the subsection.
3. Section 5(b) addresses the transport of marijuana plants and
   "products produced from marijuana." I discussed the confusion
   inherent in the "transport pass" subsection, 3(f), above. As well, I note there is no definition of "products produced from marijuana" in Section 5(b ), in Section 3 ("Definitions"), or in Section 6 ("Marijuana Products"). A ballot title would be misleading if it lacked a reasonable description of what "products produced from marijuana" are to become legal for purposes of transportation, possession, and use. Similarly, a ballot title without a reasonable description of "products produced from marijuana" would fail to alert voters of changes to existing law resulting from your proposed amendment. Larry B. Morris, Sponsor Opinion No. 2017-0 l 2 Page 8
4. Section 5( c) authorizes the production, distribution, and sale
   "of marijuana and products produced from marijuana to any person 18 years of age or older." Although "person" is not defined in this subsection, it seems clear from the 18-years-of-age limit that it means a natural person, i.e., an individual human being. But there is no express statement as to whether a non-natural person such as a business entity can engage in the marijuana-related activities that would be legalized under Section 5( c ). And it is unclear whether you intend to prohibit the sale of marijuana and marijuana products to business entities and other non-natural persons. This ambiguity is highlighted by review of Section 7 ("Marijuana Paraphernalia"), which makes it legal to "sell marijuana paraphernalia to another business or person who is eighteen (18) years of age or older." It appears, then, that a non-natural person cannot be sold marijuana or products produced from marijuana, whereas a non-natural person can be sold marijuana paraphernalia. The proposal's position on these issues is undoubtedly a significant matter for voters' consideration. Without clarification regarding what, if any, requirements or opportunities apply to non-natural persons in connection with the distribution and sale of (1) marijuana and (2) products produced from marijuana, this significant point cannot be accurately summarized for voters in a ballot title.
5. Section 2 of your proposed amendment simply states that
   "effective November 7th, 2018 the cultivation, production,
   distribution, sale, possession, and use of the cannabis plant (genus cannabis) shall be made lawful in every geographical area of every county of this state under Arkansas law, and shall not be an offense, or be a basis for seizure or forfeiture of assets pursuant to the Arkansas Uniform[] Controlled Substance Act." Neither Section 2, nor the remainder of the amendment, refers to creation of a regulatory body or legislative committee that would implement the proposal. And while Section 11 states that the amendment is self- executing,22 it is unclear if the amendment contemplates any scheme-beyond the issuance of transport passes-for regulation or licensure of those engaged in the "cultivation, production, 22 Griffin v. Rhoton, 85 Ark. 89, 107 S.W. 380, 382 (1907) (contrasting self-executing provisions with those that "do not in and of themselves constitute a sufficient rule by means of which such right may be protected or such duty enforced."). Larry B. Morris, Sponsor Opinion No. 2017-012 Page 9 distribution, sale, possession, and use of the cannabis plant." Because a voter would reasonably question the manner and extent of regulatory oversight for statewide recreational marijuana, these ambiguities must be resolved in order to accurately summarize the amendment in a ballot title. 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 or your proposal. My otlice, 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.23 You may resubmit your proposed act along with a proposed popular name and ballot title at your convenience. Sincerely, C:: r :>~ LESLIER~T~ Attorney General Enclosure 23 Ark. Code Ann. ~ 7-9-1 07( c ). THE ARKANSAS CANNABIS AMENDMENT OF 2018 AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE CANNABIS PLANT, PROVIDING THAT THE CULTIVATION, PRODUCTION, DISTRIBUTION, SALE, POSSESSION, AND USE OF MARIJUANA AND INDUSTRIAL HEMP AND PRODUCTS PRODUCED THEREFROM MAY NOT BE PROHIBITED UNDER STATE LAW; RECOGNIZING THAT SUCH ACTIVITIES REMAIN UNLAWFUL UNDER FEDERAL LAW; PROVIDING FOR THE RELEASE FROM INCARCERATION, PROBATION, OR PAROLE OF ALL PERSONS WHOSE CURRENT AND ONLY CONVICTION(S) IN WHICH THEY ARE SERVING WERE OF STATE LAWS PERTAINING TO THE CULTIVATION, PRODUCTION, DISTRIBUTION, SALE, AND POSSESSION OF MARIJUANA, POSSESSION OF MARIJUANA PARAPHERNALIA, AND OR THE UNLAWFUL USE OF COMMUNICATION DEVICES TO SELL MARIJUANA, AND THE EXPUNGEMENT OF RECORDS RELATING TO SUCH CONVICTION($); DIVIDING CANNABIS IN TO INDUSTRIAL HEMP (CONTAINING 0.3% OR LESS THC) AND MARIJUANA (CONTAINING MORE THAN 0.3% THC); PERMITTING THE CULTIVATION, PRODUCTION, DISTRIBUTION, AND SALE OF MARIJUANA AND PRODUCTS PRODUCED THEREFROM BY ANY BUSINESS OR PERSON 18 YEARS OF AGE OR OLDER; PROVIDING THAT A BUSINESS AND ANYONE 18 YEARS OF AGE OR OLDER MAY CULTIVATE, PRODUCE, AND SELL MARIJUANA AND PRODUCTS PRODUCED THEREFROM FOR RECREATIONAL PURPOSES; PROVIDING THAT A PERSON OR BUSINESS MAY CULTIVATE UP TO 50 MARIJUANA PLANTS IN A LOCATION NOT SUBJECT TO PUBLIC VIEW WITHOUT OPTICAL AID; PROVIDING THAT SALES OF RECREATIONAL MARIJUANA WILL BE SUBJECT TO EXISTING SALES TAXES AND AN ADDITIONAL 5% MARIJUANA EXCISE TAX AND A LOCAL SALES TAX OF 2%; PERMITTING ANY BUSINESS THAT IS 1500 FEET AWAY OR MORE FROM A PUBLIC OR PRIVATE SCHOOL, CHURCH, OR DAYCARE MAY SELL MARIJUANA AND PRODUCTS PRODUCED THEREFROM TO ANY PERSON 18 YEARS OF AGE OR OLDER; PROVIDING THAT THE MARIJUANA BEING SOLD FOR RECREATIONAL PURPOSES IN THE FORM OF EDIBLES OR DRINKABLES (A)IS NOT DESIGNED TO APPEAL TO CHILDREN; (B) SHALL NOT EXCEED 10 MILLIGRAMS OF THC PER SERVING, AND (C) LABELING OR PACKAGING MUST PROVIDE PRODUCT INFORMATION; PROVIDING THAT THE MANUFACTURE, POSSESSION, PURCHASE, SALE, AND DISTRIBUTION OF MARIJUANA PARAPHERNALIA IS LAWFUL UNDER STATE LAW; AND PROVIDING THAT THE AMENDMENT (A) IS NOT INTENDED TO REQUIRE EMPLOYERS TO PERMIT ACTIVITIES RELATING TO MARIJUANA IN THE WORKPLACE, (B) IS NOT INTENDED TO PERMIT DRIVING UNDER THE INFLUENCE OF MARIJUANA, (C) IS NOT INTENDED TO PERMIT THE TRANSFER OF MARIJUANA TO ANYONE UNDER 18 YEARS OF AGE, (D) NOR PERMIT ANYONE UNDER 18 YEARS OF AGE TO CULTIVATE, PRODUCE, SELL, POSSESS, OR USE MARIJUANA. Section 1. Short Title. This is an amendment to the Arkansas Constitution that shall be called "The Arkansas Cannabis Amendment of 2018" Section 2 Effective Date. Effective November 7th, 2018 the cultivation, production, distribution, sale, possession, and use of the cannabis plant (genus Cannabis) as it pertains to industrial hemp and marijuana and the products produced therefrom shall be made lawful in every geographic area of every county of this state under Arkansas law, and shall not be an offense, or be a basis for seizure or forfeiture of assets pursuant to the Arkansas Uniformed Controlled Substance Act. Section 3. Definitions. The following terms are defined for the purposes of this amendment: (a) "Driving under the influence of marijuana" means operating a motorized vehicle on any public road, highway, or street when the Delta-9-tetrahydrocannabinol (L\9THC) content of the operator's blood exceeds thirteen micrograms per liter (13µg/L). (b) "Industrial hemp" means any part of the cannabis plant (genus Cannabis), living or not, and when harvested in its mature plant stage contains three tenths of one percent (0.3%) or less, by dry weight, Delta-9-tetrahydrocannabinol (L\9THC). (c) "Marijuana" means any part of the cannabis plant (genus Cannabis), living or not, and when harvested in its mature plant stage contains greater than three tenths of one percent (0.3%), by dry weight, Delta-9-tetrahydrocannabinol (L\9THC). (d) "Marijuana paraphernalia" means any equipment, utensils, products, and materials which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, containing, or concealing marijuana, or for ingesting, inhaling or otherwise introducing marijuana into the human body. (e) "Remuneration" means an act in which money is being paid to purchase marijuana. (f) "Transport Pass" means a permit provided by an Arkansas County Sheriff to permit a person to transport industrial hemp crops , marijuana plants, and or products produced from marijuana that weigh more than 41bs on any Arkansas public road, highway, or street. Each pass shall provide a name of driver, and a date of expiration. A transport pass shall be valid for 3 days and cost five dollars ($5.00). Section 4 The Restoration of Industrial Hemp. Notwithstanding any other provision of law, the following acts by any business, or person 18 years of age or older, regarding industrial hemp shall not be an offense under Arkansas law, or be a basis for seizure or forfeiture of assets pursuant to The Uniform Controlled Substances Act: (a) may cultivate up to one-hundred acres of industrial hemp on his or her own land, provided that: (1) the location of the industrial hemp field is placed on record with the county sheriff's office in the county in which the industrial hemp is being grown, and (2) the cultivator marks such field with a blaze orange painted post on all four corners of said field. (b) may transport industrial hemp crop on any public road, highway, or street, provided that if the crop weighs four pounds (4 lbs) or more a transport pass is obtained from the county sheriff. (c) may produce, distribute, and sell industrial hemp and products produced from industrial hemp. Section 5 The Restoration of Marijuana. Notwithstanding any other provision of law, the following acts by any business, or person 18 years of age or older, regarding marijuana shall not be an offense under Arkansas law, or be a basis for seizure or forfeiture of assets pursuant to The Uniform Controlled Substances Act: (a) may have cultivating up to 50 mature marijuana plants, and an unlimited number of seedlings provided that: (1) Marijuana is cultivated in a location where the plant(s) is (are) not subject to public view without the use of binoculars, aircraft, or other optical aids on property he or she owns, or with the consent of the person(s) who owns the property, and (2) Not more than twelve (12) mature marijuana plants may be growing inside the cultivator's household if electric sunlamps are being utilized. (b) may transport marijuana plants and products produced from marijuana on any public road, highway, or street provided that: (1) If more than four pounds (4 lbs) of plants or products produced from marijuana is being transported a transport pass is obtained from the county sheriff prior to transport. (c) may produce, distribute, and sell marijuana and products produced from marijuana to any person 18 years of age or older, provided that: (1) The buyer shows proof of age with a valid state identification card or state driver's license. (2) The business where marijuana and products produced from marijuana is being sold is not located within one thousand five hundred feet (1 ,500') of a public or private school, church, or daycare center, and (3) All products produced from marijuana being sold is designed and packaged pursuant to section 6 of this amendment. Section 6. Marijuana product design, serving size, and packaging. (a) All edible and drinkable products produced from marijuana that are sold for recreational purposes shall: (1) Shall not be designed to be appealing to children or easily confused with commercially sold candy or foods that do not contain marijuana. (2) Shall be produced and sold with a standardized dosage not to exceed ten (10) milligrams of delta-9-tetrahydrocannabinol (f19THC) per serving. (3) Shall be delineated or scored into standardized serving sizes if the product contains more than one serving and is in solid form. (4) Shall be homogenized to ensure uniform disbursement of delta-9-tetrahydrocannabinol (f19THC) throughout the product. (5) Shall provide information on the packaging or labeling to enable the informed consumption of such product, including the potential effects of the product, and directions as to how to consume the product. (b) All smokable and vaporizable products produced from marijuana that are sold for recreational purposes shall; (1) Shall provide information on the packaging or labeling to enable the informed consumption of such product, including the delta-9-tetrahydrocannabinol (f19THC) content, potential effects of the product, and directions as to how to consume the product. Section 7. Marijuana Paraphernalia Any business or person eighteen (18) years of age or older may manufacture, possess, and purchase rnarijuana paraphernalia, or may sell marijuana paraphernalia to another business or person who is eighteen (18) years of age or older. Section 8. Employers, driving, and minors. (a) Nothing in this amendment is intended to require an employer to permit or accommodate the cultivation, production, distribution, sale, possession, or use 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 permit driving under the influence of marijuana. (c) Nothing in this amendment is intended to permit the transfer of marijuana, with or without remuneration, to a person under the age of eighteen (18). (d) Nothing in this amendment is intended to permit a person under the age of eighteen (18) to cultivate, produce, sell, possess, or use marijuana. (e) Nothing in this amendment is intended to permit the cultivation, production, distribution, or sale, of any other substance that is controlled or prohibited by the state pursuant to the Arkansas Uniform Controlled Substances Act. Section 9. Non-violent marijuana offenders and criminal record expungement. All persons currently serving incarceration, probation, or parole in this state, whose current and only conviction(s) to which they are now serving were due to violating state laws as they pertain to the cultivation, production, distribution, sale, and possession of marijuana, possession of marijuana paraphernalia.and or the unlawful use of a communication device(s) as it relates to the sale of marijuana, and whose violation(s) 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 10. Taxation and distribution of proceeds from the sale of marijuana and industrial hemp. (a) The following taxes shall be imposed upon the purchase of marijuana sold for recreational purposes in Arkansas: (1) The Arkansas State Sales and Use Tax, (2) a five percent (5%) marijuana excise tax, and (3) a two percent (2%) local sales tax. (b) The following taxes shall be imposed upon the purchase of industrial hemp cultivated and sold in Arkansas: (1) The Arkansas State Sales and Use Tax (c) The sales tax that are currently imposed upon the sale of products produced from industrail hemp shall not be affected by this amendment. (d) The distribution of tax revenues received by the Department of Finance and Administration from the sale of recreational marijuana and cannabis hemp under this amendment may be determined by the general assembly. Section 11. Conflicting Laws. The provisions of this Amendment are hereby declared to be severable and self-executing, and except where otherwise indicated in this Amendment, shall supersede all conflicting state and local laws, charters, regulations, and any and all other provisions in conflict with this Amendment. If any provision of this Amendment, or the application of such provision to any person or circumstance, is declared invalid by any court for any reason, such declaration shall not affect the validity of the remaining portions of this Amendment.