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.