Why did the Arkansas AG reject Larry Morris's cannabis amendment ballot title in Opinion 2017-031?

Plain-English summary

Larry B. Morris submitted a proposed Arkansas Cannabis Amendment of 2018 for Attorney General Leslie Rutledge to certify its popular name and ballot title. Rutledge rejected the submission because eight ambiguities in the measure's own text prevented her from writing a fair substitute title. The proposal addressed both marijuana and industrial hemp, and its adult provisions used age 18. The opinion identified no general silence on hemp or inconsistent adult age limit.

The eight issues she listed were:

1. Transport-pass holders and drivers. Section 3(i) used "business," "person responsible," and "driver" without making clear whose names had to appear on a pass or who was responsible for transport.
2. Which sheriff issues a pass. "An Arkansas County Sheriff" could mean the sheriff of Arkansas County or a sheriff of any county in Arkansas. The proposed title did not explain transport passes.
3. Hemp-field markers. Section 4 required blaze-orange posts at all four corners of a hemp field, leaving the rule unclear for triangular or irregularly shaped fields.
4. The 1,500-foot sales limit. Section 5 restricted a "business" near schools, churches, or daycare centers while allowing sales by a business or an adult person. It was unclear whether the location restriction also applied to individuals.
5. Child-appealing products. Section 6 restricted the design of marijuana edibles and drinks, but it was unclear whether that restriction also applied to industrial-hemp products.
6. Medicinal use by minors. Section 8(d) said the amendment was not intended to permit people under 18 to possess or use marijuana. Rutledge could not tell whether that also covered medicinal marijuana.
7. Expungement. Section 9 did not make clear which marijuana-related convictions would be expunged.
8. Penalties and state actors. Section 11 did not clarify whether criminal penalties could apply to state actors or whether it attempted to waive sovereign immunity.

Currency note

This opinion was issued in 2017. Check current election and cannabis law before applying its analysis to a new measure.

Common questions

Q: Was the sheriff issue about choosing among routes or destinations? A: No. Rutledge identified an ambiguity in the phrase "an Arkansas County Sheriff": it could name the sheriff of Arkansas County or refer to any Arkansas county's sheriff.

Q: Did the proposal omit rules for industrial hemp?
A: No. It included hemp provisions. The AG questioned how fields without four corners should be marked and whether the design restriction for marijuana edibles also covered hemp products.

Q: Was there a conflict between age 18 and age 21?
A: The opinion identifies no such conflict. Its question about minors was whether Section 8(d)'s under-18 possession and use language applied to medicinal marijuana.

Q: Did the AG identify every possible problem?
A: No. She said the listed ambiguities were not necessarily all the problems and that further issues could emerge when a revision was reviewed.

Background and statutory framework

Ark. Code Ann. § 7-9-107 gives the AG a pre-circulation role in reviewing a proposed popular name and ballot title. Rutledge said that ambiguities in a measure's text must be resolved by its sponsor before she can summarize it fairly for voters. She therefore rejected this submission and invited redesign and resubmission without deciding its merits.

Citations

• Ark. Code Ann. § 7-9-107

Source

• Arkansas Attorney General opinions search: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2017-031
March 21, 2017
Larry B. Morris, Sponsor
5 0 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. 2017-031 Page2 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 honestlr, intelligibly, and fairly set forth the purpose of the proposed amendment or act. REQUEST You have requested certification, pursuant to Ark. Code Ann. § 7-9-107, of the following popular name and ballot title for a proposed constitutional amendment: Popular Name The Arkansas Cannabis Amendment of 2018 Ballot Title 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 1 See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326 Ark. 353, 359, 931 S.W.2d 119, 121 (1996); Plugge v. McCuen, 310 Ark. 654, 841 S.W.2d 139 (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. 2017-031 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 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) does not prohibit the State from appointing a regulatory Larry B. Morris, Sponsor Opinion No. 2017-031 Page4 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 disa~proved the use of terms that are "technical and not readily understood by voters."1 Without a definition of such terms in the ballot title, the title may be deemed insufficient. 11 4 Paffordv. 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, 500 S.W.3d 154, at n. 2. 9 Id. at 9, 500 S.W.3d at 159. 10 Wilson v. Martin, 2016 Ark. 334, 9, 500 S.W.3d 160, 167. 11 Id., 500 S.W.3d at 167. Larry B. Morris, Sponsor Opinion No. 2017-031 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 conver; 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 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) 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, 318 Ark. 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. 2017-031 Page 6 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(i) of your proposed amendment
   concerns the transport of four or more pounds of
   industrial hemp, marijuana, and marijuana products.
   This section requires a "transport pass" 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 business, or person responsible
   for the transport, and the name of driver if not the
   same, Arkansas driver's license Identification number,
   and a date of expiration."
   There are ambiguities in Section 3(i) caused by the simultaneous use of "business," "person responsible," and "driver." First, it is unclear if a transport pass must be issued in the name of the "person" who requests the pass from the sheriff. It is also unclear when the name of a "driver" must appear on the pass. That is, the phrase "if not the same" might refer to the business authorized by the pass to transport the hemp, marijuana, or marijuana products; alternatively, the phrase "if not the same" might refer to the person authorized by the pass to transport the hemp, marijuana, or marijuana products. I cannot summarize the transport-pass requirements with respect to "drivers" until these ambiguities are resolved. Larry B. Morris, Sponsor Opinion No. 2017-031 Page 7 And the term "person responsible" is ambiguous because it is unclear what activities or status would make an individual "responsible" for the transport of hemp, marijuana, or marijuana products. It is likewise unclear whether Section 3(i) contemplates that a business, as well as (or in the alternative to) a person, might be "responsible" for transport. Given that statewide transportation of large quantities of industrial hemp, marijuana, and products produced from marijuana would be of significance to voters, these ambiguities in Section 3(i) must be clarified in order to ensure that a ballot title accurately summarizes the transport- pass framework.
2. Section 3(i) of your proposed amendment
   defines "transport pass" as a "permit provided by an
   Arkansas County Sheriff' to businesses or individuals
   over the age of 18. Your proposed ballot title does not
   refer to transport passes, and the only mention of a
   sheriff in the ballot title is by reference to the "county
   sheriff where the industrial hemp is being grown."
   Because the State of Arkansas includes Arkansas County, the proposed amendment's text is ambiguous as to which sheriffs office would be authorized to issue transport passes. It is unclear whether the transport passes may be issued by (1) an Arkansas County sheriff, or (2) any sheriff of a county in Arkansas. This confusion is exacerbated by the fact that the ballot title, as proposed, is silent regarding transport passes. And where the ballot title addresses the role of sheriffs with respect to recording the location of hemp fields, the sheriff is identified in terms of the "county ... where the industrial hemp is being grown." Thus, a reasonable voter would be unsure of how your proposal allocates responsibility for transport passes among sheriffs' offices. This ambiguity must be clarified before a ballot title can be certified.
3. Section 4 of your proposed amendment states
   that a cultivator of industrial hemp must "mark[] such
   field with a blaze orange painted post on all four
   comers of said field."
   While the blaze-orange requirement is clear with respect to fields having four sides, I am unable to summarize in a ballot title how a field without four sides must be demarcated. That is, a reasonable voter would be unsure if the blaze- orange requirement applies to triangular or irregularly shaped fields of industrial hemp, and if it does, in what way. This ambiguity prevents me from certifying a Larry B. Morris, Sponsor Opinion No. 2017-031 Page 8 ballot title that fairly summarizes the requirements for marking industrial-hemp fields.
4. Section 5( c )(2) of your proposed amendment
   states that it will not be an offense for a business or
   person 18 years of age or older to "produce, distribute,
   and sell marijuana and products produced from
   marijuana to any business or person 18 years of age or
   older, provided that ... [t]he business where marijuana
   and products produced from marijuana is being sold is
   not located within on thousand five hundred feet
   (1,500') of a public or private school, church, or
   daycare center."
   There is an ambiguity caused by, on the one hand, legalizing the production/distribution/sale of recreational marijuana for businesses and persons 18 and older, while prohibiting only businesses from engaging in these activities within 1,500 feet of a school, church, or daycare center. A reasonable voter would therefore be unsure if the proposed amendment intends to apply the 1,500-foot restriction to persons 18 years of age or older as well. This ambiguity must be clarified in order to accurately summarize the production/distribution/sale requirements for recreational marijuana.
5. Section 6(a)(l) of your proposed amendment
   states that "edible and drinkable products produced
   from marijuana . . . shall not be designed to be
   appealing to children or easily confused with
   commercially sold candy or foods that do not contain
   marijuana."
   However, Section 4 of the proposed amendment, applying to regulation of industrial hemp, does not purport to limit the design of industrial hemp products in such a way as to discourage their appeal to children. It is unclear if this is an intentional omission, or if the restrictions in Section 6(a)(l) apply equally to industrial hemp. Because the marketing and sale of hemp products to minors is a matter of significance to voters, this ambiguity must be clarified before certification of a ballot title.
6. Section 8( d) states that the proposed
   amendment is not "intended to permit a person under Larry B. Morris, Sponsor Opinion No. 2017-031 Page 9 the age of eighteen (18) to cultivate, produce, sell, possess, or use marijuana." This section is ambiguous with respect to the possession or use of marijuana for medicinal purposes by a person younger than 18 years of age. I am tasked with certifying a ballot title that accurately apprises voters of changes to substantive law. Without clarification of whether the limits on cultivation, production, sale, possession, and use stated in Section 8( d) apply to medicinal marijuana, I cannot certify a ballot title that fairly summarizes the potential changes to existing law.
7. Section 9 provides that "all criminal records in
   this state shall be expunged of such [marijuana-related]
   convictions that occurred prior to the effective date of
   this amendment."
   The extent of the expungement requirement in Section 9 is unclear. Specifically, a reasonable voter would not know if the proposed amendment intends to expunge all current marijuana-related convictions that "occurred prior to the effective date." Under this interpretation, a marijuana-related conviction would be only expunged if (1) the conviction occurred prior to the amendment's effective date, and (2) the sentence associated with the conviction was being served when the amendment took effect. But a reasonable voter might also conclude that each and every marijuana-related conviction must be expunged, regardless of when the conviction occurred and whether the associated sentence was being served when the amendment took effect. The effect of the proposed amendment on criminal convictions is a matter of great importance to Arkansas voters. This ambiguity must be clarified before I can accurately summarize the expungement requirement in a ballot title.
8. Section 11 enumerates criminal penalties that
   may be imposed against any "person or business who
   violates the provisions pursuant to this amendment."
   A reasonable voter would be unsure if the criminal-penalties section is meant to apply to the State of Arkansas (or to one of the State's subdivisions). That is, Section 11 is ambiguous with respect to whether State actors could be held liable for engaging in conduct prohibited by the amendment. And it is unclear whether, and to what extent, the criminal-penalties section is intended as a waiver of the State's sovereign immunity. These ambiguities are noteworthy especially in light of the legalization of medicinal marijuana in Arkansas. Larry B. Morris, Sponsor Opinion No. 2017-031 Page 10 CONCLUSION The ambiguities noted above are not necessarily all the ambiguities contained in your proposal, but they are sufficiently serious to require me to reject your popular name and ballot title. I am unable to substitute language in a ballot title for your measure due to these ambiguities. Further, additional ambiguities may come to light on review of any revisions of your proposal. My office, in the certification of ballot titles and popular names, does not address the merits, philosophy, or ideology of proposed measures. I have no constitutional role in the shaping or drafting of such measures. My statutory mandate is embodied only in Ark. Code Ann. § 7-9-107, and my duty is to the electorate. Based on what has been submitted, my statutory duty is to reject your proposed ballot title for the foregoing reasons and instruct you to redesign the proposed measure and ballot title.21 You may resubmit your proposed act along with a proposed popular name and ballot title at your convenience.
   }incerS/~
   LESLIERUTL~
   Attorney General
   21 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) 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 (89THC) 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 (89THC), 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 (89THC) 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) "Mature marijuana plant" means a marijuana plant that is in the flowering stage and producing colas. (f) "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 (89THC) and is not used as an intoxicant. (g) "Products produced from marijuana" means items and substances manufactured from marijuana, containing more than three tenths of one percent (0.3%) delta-9-tetrahydrocannabinol (89THC) and is used as an intoxicant that is consumed into the human body in the form of food, drink, vapor, or smoke. (h) "Remuneration" means an act in which money is being paid to purchase marijuana and products produced from marijuana .. (i) "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 business, or person responsible for the transport, and the name of driver if not the same, 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 marijuana plants is being cultivated is placed on record with the county sheriff's 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 prior to purchase. (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 (l19THC) 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 (l19THC) 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 (l19THC) 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 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. Confllctlng 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.