Why did the Arkansas AG reject Larry Morris's recreational marijuana ballot title?

Plain-English summary

Larry B. Morris submitted a popular name and ballot title for a proposed constitutional amendment that would have legalized the cultivation, production, distribution, sale, possession, and use of recreational marijuana, industrial hemp, and products derived from those plants.

Attorney General Leslie Rutledge rejected the submission. Following the same framework she applied across the 2017 cluster of cannabis ballot-title rejections, the AG identified ambiguities in the underlying text of the proposed amendment that made faithful summarization in a ballot title impossible.

Under Roberts v. Priest (2000), "internal inconsistencies would inevitably lead to confusion in drafting a popular name and ballot title and to confusion in the ballot title itself." When a proposed amendment is itself unclear, the AG cannot fix the ballot title alone, because any title would inherit the underlying ambiguity. Her substitute-and-certify authority under § 7-9-107(b) does not extend to rewriting the proposal.

The AG instructed Morris to redesign the proposed measure to resolve the ambiguities and resubmit. The pattern across this and the parallel Berry rejection (Op. 2017-021) and the later Berry rejection (Op. 2017-030) was that the AG kept finding the same kinds of internal contradictions in cannabis-amendment drafts: definitions that did not align with operative provisions, hypothetical examples that contradicted general rules, and licensing rules that did not specify who could exercise them.

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.

Common questions

Q: How is this opinion different from the Berry cannabis rejections (Op. 2017-021 and Op. 2017-030)?
A: They are parallel rulings on different sponsors' drafts of similar policy ideas. Each of these 2017 cannabis rejections used the same legal framework: identify ambiguities in the underlying text, explain why a ballot title cannot fix them, and instruct the sponsor to revise. The specific ambiguities differed by draft, but the analytical approach was uniform.

Q: Could the AG have certified just the popular name?
A: No. Under May v. Daniels (2004), the popular name and ballot title are considered together. A flawed ballot title taints the whole submission, even if the popular name alone might be acceptable.

Q: What is the practical advice for cannabis amendment sponsors?
A: Retain a drafting attorney before circulating. The recurring pattern in 2017 was that sponsors without legal-drafting support produced texts with contradictions in definitions, licensing chains, and enforcement provisions. Even when the underlying policy was plausible, the drafting flaws prevented certification.

Q: Was Morris specifically rebuffed for partisan framing?
A: No, this opinion is about textual ambiguities. The AG separately addresses partisan framing under cases like Crochet v. Priest and Christian Civic Action Committee v. McCuen. Here the issue was clarity, not bias.

Q: Did Morris resubmit?
A: The opinion does not address what Morris did next. The 2017 cannabis cluster includes multiple sponsors making multiple submissions, each rejected on similar grounds. None of the recreational marijuana proposals submitted in this period made it to circulation in Arkansas.

Background and statutory framework

The 2017 cluster of cannabis ballot-title rejections in Arkansas reflects a common dynamic in initiative politics: a popular policy idea attracts multiple competing sponsors, each with different drafts, each with different drafting flaws. The AG's role is not to pick the best draft, but to apply the certification standards uniformly. The result was a wave of rejections during the 2017-2018 cycle, with no recreational-marijuana measure reaching the ballot.

This opinion is most useful as a procedural illustration: it shows how the AG handled multiple parallel cannabis submissions in the same period (Berry, Morris, others), applying the same framework to each.

Citations

• Ark. Code Ann. § 7-9-107
• Ark. Code Ann. § 7-5-309
• Roberts v. Priest, 341 Ark. 813 (2000)
• Bailey v. McCuen, 318 Ark. 277 (1994)
• Op. Att'y Gen. 2017-021 (Berry parallel rejection)
• Op. Att'y Gen. 2017-030 (Berry follow-up)

Source

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

Original opinion text

Opinion No. 2017-017
March 6, 2017
Larry B. Morris, Sponsor
50 Crest Street
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. 2017-017
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 honestly, intelligibly, and fairly set forth the purpose of the proposed
amendment or act. 3
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 of 2018
Ballot Title
An amendment to the Arkansas Constitution concemmg 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
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. 2017-017
Page 3
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(s); dividing
cannabis in to [sic] industrial hemp (containing 0.3% or less THC)
and marijuana (containing more than 0.3% THC); permitting the
cultivation, production, distribution and sale of industrial hemp by
any business or person 18 years of age or older and permitting such
business or person to cultivate up to 100 acres of industrial hemp on
property owned by the business or person(s) providing that;(a) [sic]
the location of the industrial hemp field is placed on record with the
county sheriff where the industrial hemp is being grown, and;(b)
[sic] the industrial hemp field is marked on all four comers of said
field with blaze orange colored post [sic]; 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 mature marijuana plants in a location
not subject to public view without optical aid; providing that sales of
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 [sic] sell marijuana and products
produced therefrom to any business or 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 [sic] 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) does not permit anyone under
18 years of age to cultivate, produce, sell, possess, or use marijuana
and; ( e) shall not require any business or persons 18 years of age or
older to obtain an industrial hemp or marijuana license to participate Larry B. Morris, Sponsor
Opinion No. 2017-017
Page 4
in the cultivation, production, distribution, and sale of industrial
hemp or marijuana and products produced therefrom, and; (f) does
not prohibit the State from appointing a regulatory body to regulate
the cultivation, production, distribution and sale thereof pursuant to
the amendment.
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, 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 J
Amendment" may lead the Court to conclude that the "omission is significant."
The Court has also disapproved the use of terms that are "technical and not readily
understood by voters."Io Without a definition of such terms in the ballot title, the
title may be deemed insufficient. I I
4 Pafford v. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950).
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 Larry B. Morris, Sponsor
Opinion No. 2017-017
Page 5
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
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 conve~ an intelligible idea of the scope and significance of
a proposed change in the law. 8
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
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.
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. 2017-017
Page 6
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 ( 1)
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
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. Section 3(h) of your proposed amendment
   concerns the transport of four or more pounds of
   industrial hemp, marijuana, and marijuana products.
   The subsection requires a transport pass "provided by
   an Arkansas County Sheriff'21 in order to authorize a
   "business or person who is 18 years of age or older 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 the driver, Arkansas driver's license
   Identification number, and a date of expiration."
   There is an ambiguity in Section 3(h) caused by the simultaneous use of "person"
   and "driver." It is unclear if the "name of the driver" appearing on the transport
   pass must match the name of the "person" who initially requested the pass. Thus,
   it is unclear if a "person" could be issued a transport pass on behalf of another
   individual who would be the eventual "driver,'' or if a transport pass must be
   issued in the name of the "person" who requests the pass from the sheriff.
   Because statewide transportation of large quantities of industrial hemp, marijuana,
   and products produced from marijuana would be of significance to voters, this
   21 Please note that Section 3(h) can be interpreted to mean that only a sheriff of Arkansas County
   can issue transport passes. Larry B. Morris, Sponsor
   Opinion No. 2017-017
   Page 7
   ambiguity in Section 3(h) must be clarified in order to ensure that a ballot title
   accurately summarizes the transport-pass framework. I also note that the ballot
   title you proposed lacks any reference to transport passes.
2. Section 5(a) of your proposed amendment states
   that a business or person 18 years of age or older may
   cultivate22 "up to 50 mature marijuana plants and up to
   50 non-mature plants," provided that the "location
   where more than 25 mature plants is being cultivated is
   placed on record with the county sheriffs office in the
   county in which the marijuana is being grown." The
   amendment does not define "mature marijuana plant."
   Your proposed ballot title states, among other things,
   that "a person or business may cultivate up to 50
   mature marijuana plants."
   The text of your proposal is unclear regarding how a cultivator of "marijuana," so
   defined, would ascertain the significance of the number of marijuana plants
   cultivated. It is apparent from the text that a cultivator may grow no more than
   100 total marijuana plants. And it appears that up to 50 of those plants may be
   mature plants. But because "mature" marijuana is not distinguished from "non-
   mature" marijuana, the text is ambiguous as to the difference between cultivating
   24 plants and 25 plants. In other words, a cultivator with 25 marijuana plants
   would not know (nor would a reasonable voter) if he were required to contact the
   county sheriff. I am unable, due to this ambiguity, to certify a ballot title that
   gives voters a fair understanding of a person or business's obligation to record
   with the sheriff the location where marijuana is being cultivated.
3. Section 8(t) of your proposed amendment states
   that "[n]othing in this amendment requires a business,
   or person eighteen 18 years of age or older to obtain an
   industrial hemp license or marijuana license or its
   equivalent to participate in the cultivation, production,
   distribution, or sale of industrial hemp or marijuana."
   And your proposed ballot title states that the
   amendment "shall not require any business or persons
   22 Section 5(a) begins, "may have cultivating .... " This appears to be a typographical error
   inasmuch as section 5(b) reads, "may transport," and section 5( c) reads, "may produce, distribute,
   and sell .... " Larry B. Morris, Sponsor
   Opinion No. 2017-017
   Page 8
   eighteen 18 years of age or older to obtain an industrial
   hemp or marijuana license to participate in the
   cultivation, production, distribution, and sale of
   industrial hemp or marijuana and products produced
   therefrom."
   There is at least one ambiguity that must be addressed before a ballot title can
   accurately summarize the language in Section 8(f). While a voter might conclude
   that the proposed amendment does not mandate an "industrial hemp license" or
   "marijuana license" as such, it is unclear what you mean by "license or its
   equivalent." For example, Section 3(h) of the amendment requires a "transport
   pass." A transport pass could reasonably be considered the "equivalent" of a
   license, and something that must be obtained prior to distribution of large
   quantities of industrial hemp or marijuana. Because it appears that the amendment
   does in fact require a "license or its equivalent," a reasonable voter would be
   misled by a ballot title attempting to summarize the text of Section 8(f) as it
   currently reads.
4. Section 8(g) states that "[ n ]othing in this
   amendment prohibits the state from appointing a
   regulatory body to regulate the cultivation,
   distribution, and sale of industrial hemp and marijuana
   pursuant to this amendment."
   Because section 8(g) expressly contemplates the regulation of industrial hemp and
   marijuana, it potentially conflicts with section 8(f), which provides that the
   amendment does not require "an industrial hemp license or marijuana license or its
   equivalent." On the one hand, it appears that the amendment does not allow the
   issuance of an industrial hemp license, marijuana license, or equivalent. On the
   other hand, the amendment appears to sanction the creation of a "regulatory body"
   that would be empowered to mandate licenses as a condition of hemp and
   marijuana cultivation, distribution, or sale. The manner and extent of regulatory
   oversight for statewide recreational marijuana is of crucial importance. But the
   interplay between sections 8(f) and 8(g) is unclear, such that a reasonable voter
   could not determine how-or if-your amendment regulates the cultivation,
   distribution, and sale of industrial hemp and marijuana. These ambiguities must
   be resolved before I can accurately summarize the amendment in a ballot title. Larry B. Morris, Sponsor
   Opinion No. 2017-017
   Page 9
   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 1s
   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,
   ~~
   Attorney General
   Enclosure
   23 Ark. Code Ann.§ 7-9-107(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(S); 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
   INDUSTRIAL HEMP BY ANY BUSINESS OR PERSON 18 YEARS OF AGE OR OLDER AND PERMITTING
   SUCH BUSINESS OR PERSON TO CULTIVATE UP TO 100 ACRES OF INDUSTRIAL HEMP ON
   PROPERTY OWNED BY THE BUSINESS OR PERSON(S) PROVIDING THAT;(A) THE LOCATION OF THE
   INDUSTRIAL HEMP FIELD IS PLACED ON RECORD WITH THE COUNTY SHERIFF WHERE THE
   INDUSTRIAL HEMP IS BEING GROWN, AND;(B) THE INDUSTRIAL HEMP FIELD IS MARKED ON ALL
   FOUR CORNERS OF SAID FIELD WITH BLAZE ORANGE COLORED POST; 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 MATURE MARIJUANA
   PLANTS IN A LOCATION NOT SUBJECT TO PUBLIC VIEW WITHOUT OPTICAL AID; PROVIDING THAT
   SALES OF 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 BUSINESS OR 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) DOES NOT
   PERMIT ANYONE UNDER 18 YEARS OF AGE TO CULTIVATE, PRODUCE, SELL, POSSESS, OR USE
   MARIJUANA AND; (E) SHALL NOT REQUIRE ANY BUSINESS OR PERSONS 18 YEARS OF AGE OR
   OLDER TO OBTAIN AN INDUSTRIAL HEMP OR MARIJUANA LICENSE TO PARTICIPATE IN THE
   CULTIVATION, PRODUCTION, DISTRIBUTION, AND SALE OF INDUSTRIAL HEMP OR MARIJUANA AND
   PRODUCTS PRODUCED THEREFROM, AND; (F) DOES NOT PROHIBIT THE STATE FROM APPOINTING
   A REGULATORY BODY TO REGULATE THE CULTIVATION, PRODUCTION, DISTRIBUTION AND SALE
   THEREOF PURSUANT TO THE AMENDMENT.
   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 (Ll9THC) content of the operator's blood exceeds
   thirteen micrograms per liter (13µg/L).
   (b) "Industrial hemp" means any part of the cannabis sativa L plant species, 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 (Ll9THC), and is not cultivated to be used as an intoxicant..
   (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 (Ll9THC) and is cultivated to be used as an intoxicant.
   (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) "Products produced from industrial hemp" means any item or substance manufactured from industrial hemp
   that contains three tenths of one percent (0.3%) or less delta-9-tetrahydrocannabinol (Ll9THC) and is not used
   as an intoxicant.
   (f) "Products produced from marijuana" means items and substances manufactured from marijuana, containing
   more than three tenths of one percent (0.3%) delta-9-tetrahydrocannabinol (Ll9THC) and is used as an
   intoxicant that is consumed into the human body in the form of food, drink, vapor, or smoke.
   (g) "Remuneration" means an act in which money is being paid to purchase marijuana.
   (h) "Transport Pass" means a permit provided by an Arkansas County Sheriff to permit a business or person
   who is 18 years of age or older to transport industrial hemp crops , marijuana plants, and or products
   produced from marijuana that weigh four pounds (4 lbs) or more on any Arkansas public road, highway, or
   street. Each pass shall provide a name of the driver, Arkansas driver's license Identification number, and a
   date of expiration. A transport pass shall be valid for 3 days and cost five dollars ($5.00).
   Section 4 The Regulation 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 provided that:
   (1) the location of the industrial hemp field is placed on record with the county sheriffs 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 Regulation 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 fifty (50) mature marijuana plants, and up to fifty (50) non mature plants
   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 owned by the business or
   person(s), or with the consent of the business or person(s) who owns the property, and
   (2) The location where more than 25 mature marijuana plants is being cultivated is placed on
   record with the county sheriffs office in the county in which the marijuana is being grown.
   (b) may transport marijuana plants and products produced from marijuana on any public road, highway, or
   street provided that:
   (1) If the weight of the marijuana plants or products produced from marijuana is four pounds (4 lbs)
   or more a transport pass is obtained from the county sheriff where the plants or product is being
   transported from prior to transport.
   (c) may produce, distribute, and sell marijuana and products produced from marijuana to any business or
   person 18 years of age or older, provided that:
   (1) The buyer provides proof of age with any valid state identification card or any 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 (A9THC) 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 (A9THC)
   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 (A9THC) 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
   marijuana 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.
   (f) Nothing in this amendment requires a business, or any person eighteen 18 years of age or older to obtain
   an industrial hemp license or marijuana license or its equivalent to participate in the cultivation, production,
   distribution, or sale of industrial hemp or marijuana.
   (g) Nothing in this amendment prohibits the state from appointing a regulatory body to regulate the cultivation,
   production, distribution and sale of industrial hemp and marijuana pursuant to this amendment.
   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 industrial 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
   marijuana and industrial hemp under this amendment may be determined by the general assembly.
   Section 11. Penalties
   Any person or business who violates the provisions pursuant to this Amendment the following penalties may
   be imposed: (a.) First offense: Upon conviction is guilty of a Class C misdemeanor, a penalty no greater than
   five-hundred dollars ($500) shall be imposed, up to thirty (30) days in jail.
   (b.) Second offense: Upon conviction is guilty of a Class C misdemeanor, a penalty no greater than
   five-hundred dollars ($500) shall be imposed, up to thirty (30) days in jail.
   (c.) Third offense: upon conviction is guilty of a Class B misdemeanor, a penalty no greater than
   one-thousand dollars ($1,000) shall be imposed, and up to ninety (90) days in jail.
   Section 12. 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.