Why did Arkansas reject Mary Berry's recreational marijuana ballot title in Opinion 2017-097?

Plain-English summary

Mary L. Berry asked the Arkansas Attorney General to certify the name and ballot title of a proposed recreational marijuana amendment. The AG rejected them because the proposal's definitions of “carry on” and “personal effects” were too unclear to summarize for voters. Possession of marijuana was one of the activities the proposal sought to make lawful, so uncertainty about what it meant to carry an item mattered to the proposed title.

Section 3(c) defined “carry on” or “carrying on” as possession of an item “on one's body and personal effect.” The AG could not tell what “and personal effect” meant in that phrase. Section 3(k) defined “personal effects” as items a person “often” carries, without giving “often” a clear meaning. The AG told Berry she could redesign and resubmit the proposal and its title. She cautioned that these might not be the only ambiguities.

Currency note

This is a 2017 decision about a proposed amendment. The proposal described in the enclosed text did not become law through this opinion. Check current Arkansas law and the status of any later ballot measure before relying on this record.

Background and statutory framework

Ark. Code Ann. § 7-9-107 required AG review of a proposed popular name and ballot title before petitions circulated. The opinion explains that a title must give voters an honest, intelligible and fair account of the proposed measure. The AG may substitute better title language when practicable, but said she could not do so here until the proposal's own ambiguities were resolved.

The attached amendment proposed to allow specified recreational marijuana activities under state law. The AG's letter focused on the terms used to describe possession. It did not say whether other language in the amendment was acceptable.

The AG's reasoning

“Carry on.” If “and personal effect” continued the phrase “on one's body,” the AG said it was an unusual way to describe where an item could be located. If it did not continue that phrase, she could not see what it added. She asked the sponsor to make the intended meaning explicit.

“Personal effects.” The definition referred to items people “often carry with them.” The AG called “often” vague and subjective. She could not tell voters what frequency of carrying an item would satisfy the definition.

Because the amendment repeatedly referred to possession of marijuana and paraphernalia, the AG said those ambiguities prevented an accurate ballot title. She rejected the submission, declined to substitute a title and invited a revised proposal.

Common questions

What was wrong with “carry on”?

The phrase “on one's body and personal effect” could be read more than one way. The AG could not determine whether “personal effect” described another place an item could be located or was simply extra wording.

Why did “often” matter?

It was part of the proposed definition of “personal effects.” Because “often” was not defined, the AG could not explain to voters which carried items the amendment meant to cover.

Did the AG reject marijuana legalization on its merits?

No. The opinion says certification review does not address the measure's merits, philosophy or ideology. It addresses whether the proposed name and title can fairly summarize the text submitted.

Could Berry submit a revised proposal?

Yes. The AG instructed her to redesign the measure and ballot title and said she could resubmit them with a proposed popular name. She warned that further review could reveal other ambiguities.

Source

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

Original opinion text

STATE O F ARKAN SAS
ATTO RN EY G EN ERAL
LES LI E RUTL EDGE

Opinion No. 2017-097

September 22, 2017

Mary L. Berry, Committee Officer
Arkansas True Grass BQC
Post Office Box 511
Summit, AR 72677

Dear Ms. Berry:

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 constitutional amendments before the petitions are circulated for signature. The law provides that the Attorney General may, ifpracticable, substitute and certify a more suitable and correct popular name and ballot title. Or, if the proposed popular name and ballot title are sufficiently misleading, the Attorney General may reject the entire petition.

Section 7-9-107 neither requires nor authorizes this office to make legal determinations concerning the merits of the proposed 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

323 CENTE lt STREET. SU ITE 200 · LI TTLE ROC K. ARKAN SAS 7220 I TELEP H ONE (501) 682-2007 · FAX (50 1) 682 -8084 ARKANSASAG .GOV

Mary L. Berry, Committee Officer
Arkansas True Grass BQC
Opinion No. 2017-097
Page 2

contrary to 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 Recreational Marijuana Amendment

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 products produced therefrom for recreational purposes by adults, 18 years of age or older may not be prohibited under State law; recognizing that such activities remain unlawful under federal law; providing for 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).

Mary L. Berry, Committee Officer
Arkansas True Grass BQC
Opinion No. 2017-097
Page 3

expungement of marijuana related conviction(s) from all criminal records in the state; defining recreational marijuana containing more than 0.3% THC; permitting the cultivation, production, distribution, and sale of recreational marijuana by any business entity or adult; providing that a business entity or an adult may cultivate, produce, distribute, sell, purchase, transport, carry, marijuana and products produced therefrom for recreational purposes; providing that a person 18 years of age or older, or business entity may cultivate up to 25 mature and 25 non mature marijuana plants in a location not subject to public view without optical aid; providing that the location with more than 12 growing marijuana plants is registered with the county sheriffs office; permitting the transport of recreational marijuana upon any public highway or street; providing that sales of recreational marijuana will be subject to existing sales taxes and an additional 5% recreational marijuana excise tax and a local sales tax of 2%; permitting any business that is 1500 feet away or more from a public or private school, church, or daycare may sell recreational marijuana to any adult person 18 years of age or older; providing that the recreational marijuana that is sold in the form of edibles or drinkables (a)shall [sic] not be 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 affect the ability of employers to have policies restricting the use of recreational marijuana by employees, (b) is not intended to permit driving under the influence of marijuana, (c) is not intended to permit the transfer of recreational marijuana to anyone under 18 years of age, (d) does not permit anyone under 18 years of age to cultivate, produce, sell, purchase, transport, carry, or use recreational marijuana and; (e) is not intended to limit any privileges or rights of a qualifying patient, caregiver, physician, or, any license entity pursuant to the Arkansas Medical Marijuana Amendment of 2016.

Mary L. Berry, Committee Officer
Arkansas True Grass BQC
Opinion No. 2017-097
Page 4

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] Amendment" may lead the Court to conclude that the "omission is significant. " 9 The Court has also disapf roved 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

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

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, 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.
12
Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994).

Mary L. Berry, Committee Officer
Arkansas True Grass BQC
Opinion No. 2017-097
Page 5

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." 1 The ballot title must be honest and impartial, 17 and it must convey an intelligible idea of the scope and significance of a proposed change in the law. 18

Furthermore, the Court has confirmed that a proposed measure cannot be approved if the text of the proposal itself contributes to confusion and disconnect between the language in the popular name and the ballot title and the language in the proposed measure. 19 The Court concluded that "internal inconsistencies would inevitably lead to confusion in drafting a popular name and ballot title and to confusion in the ballot title itself."20 Where the effects of a proposed measure on current law are unclear or ambiguous, it is impossible for me to perform my statutory duty to the satisfaction of the Arkansas Supreme Court without ( 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.

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, note 16 supra, 318 Ark. at 245, 884 S.W.2d at 607 (internal quotations omitted). 19 Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000).

20 Id.

Mary L. Berry, Committee Officer
Arkansas True Grass BQC
Opinion No. 2017-097
Page 6

It is my opm10n, 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.

Subsection 3(c) of your proposed amendment defines "carry on" or "carrying on" as "to have possession of an item on one's body and personal effect." And subsection 3(k) defines "personal effects" as "items a person has in his or her possession that they often carry with them."

These subsections contain ambiguities that must be resolved before I can accurately summarize their language in a ballot title. First, the meaning of "and personal effect" from subsection 3(c) is unclear. If it is intended as part of the prepositional phrase "on one's body ... ,"this would be an unusual construction. In everyday usage, "items" are not described as being located "on one's ... personal effect." If this is the construction intended, the subsection would need to more explicitly convey this intent. On the other hand, if "and personal effect" is not governed by the prepositional phrase "on one's body," then it appears to be extraneous verbiage with no obvious meaning.

Relatedly, "personal effects" are defined in subsection 3(k) as items that people "often carry with them." "Often" is a vague and subjective modifier, and it is not itself a defined term. I am therefore unable to give voters a fair understanding, in a ballot title, of what it means to carry or possess items "often."

Your proposed amendment references possession of marijuana and marijuana paraphernalia throughout, and marijuana possession is one of the primary activities your proposed amendment seeks to legalize. It is therefore crucial that the ambiguities identified above be clarified, so that your proposal can be summarized in a ballot title that will meet the standards established by the Court.

Mary L. Berry, Committee Officer
Arkansas True Grass BQC
Opinion No. 2017-097
Page 7

CONCLUSION

The ambiguities noted above are not necessarily all the ambiguities contained in your proposal, but they are sufficiently serious to require me to reject your popular name and ballot title. I am unable to substitute language in a ballot title for your measure due to these ambiguities. Further, additional ambiguities may come to light on review of any revisions of your proposal.

My office, in the certification of ballot titles and popular names, does not address the merits, philosophy, or ideology of proposed measures. I have no constitutional role in the shaping or drafting of such measures. My statutory mandate is embodied only in Ark. Code Ann. § 7-9-107, and my duty is to the electorate.

Based on what has been submitted, my statutory duty is to reject your proposed ballot title for the foregoing reasons and instruct you to redesign the proposed measure and ballot title. 21 You may resubmit your proposed act along with a proposed popular name and ballot title at your convenience.

Sincerely,

~~
LESLIE RUTLEDGE
Attorney General

Enclosure

21
Ark. Code Ann.§ 7-9- 107(c).

(POPULAR NAME)
THE ARKANSAS RECREATIONAL MARIJUANA AMENDMENT

(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 PRODUCTS PRODUCED THEREFROM FOR RECREATIONAL PURPOSES BY ADULTS, 18 YEARS OF AGE OR OLDER MAY NOT BE PROHIBITED UNDER STATE LAW; RECOGNIZING THAT SUCH ACTIVITIES REMAIN UNLAWFUL UNDER FEDERAL LAW; PROVIDING FOR THE EXPUNGEMENT OF MARIJUANA RELATED CONVICTION($) FROM ALL CRIMINAL RECORDS IN THE STATE; DEFINING RECREATIONAL MARIJUANA CONTAINING MORE THAN 0.3% THC; PERMITTING THE CULTIVATION, PRODUCTION, DISTRIBUTION, AND SALE OF RECREATIONAL MARIJUANA BY ANY BUSINESS ENTITY OR ADULT; PROVIDING THAT A BUSINESS ENTITY OR AN ADULT MAY CULTIVATE, PRODUCE, DISTRIBUTE, SELL, PURCHASE, TRANSPORT, CARRY, MARIJUANA AND PRODUCTS PRODUCED THEREFROM FOR RECREATIONAL PURPOSES; PROVIDING THAT A PERSON 18 YEARS OF AGE OR OLDER, OR BUSINESS ENTITY MAY CULTIVATE UP TO 25 MATURE AND 25 NON MATURE MARIJUANA PLANTS IN A LOCATION NOT SUBJECT TO PUBLIC VIEW WITHOUT OPTICAL AID; PROVIDING THAT THE LOCATION WITH MORE THAN 12 GROWING MARIJUANA PLANTS IS REGISTERED WITH THE COUNTY SHERIFF'S OFFICE; PERMITTING THE TRANSPORT OF RECREATIONAL MARIJUANA UPON ANY PUBLIC HIGHWAY OR STREET; PROVIDING THAT SALES OF RECREATIONAL MARIJUANA WILL BE SUBJECT TO EXISTING SALES TAXES AND AN ADDITIONAL 5% RECREATIONAL MARIJUANA EXCISE TAX AND A LOCAL SALES TAX OF 2%; PERMITTING ANY BUSINESS THAT IS 1500 FEET AWAY OR MORE FROM A PUBLIC OR PRIVATE SCHOOL, CHURCH, OR DAYCARE MAY SELL RECREATIONAL MARIJUANA TO ANY ADULT PERSON 18 YEARS OF AGE OR OLDER; PROVIDING THAT THE RECREATIONAL MARIJUANA THAT IS SOLD IN THE FORM OF EDIBLES OR DRINKABLES (A)SHALL NOT BE 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 AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE USE OF RECREATIONAL MARIJUANA BY EMPLOYEES, (B) IS NOT INTENDED TO PERMIT DRIVING UNDER THE INFLUENCE OF MARIJUANA, (C) IS NOT INTENDED TO PERMIT THE TRANSFER OF RECREATIONAL MARIJUANA TO ANYONE UNDER 18 YEARS OF AGE, (D) DOES NOT PERMIT ANYONE UNDER 18 YEARS OF AGE TO CULTIVATE, PRODUCE, SELL, PURCHASE, TRANSPORT, CARRY, OR USE RECREATIONAL MARIJUANA AND; (E) IS NOT INTENDED TO LIMIT ANY PRIVILEGES OR RIGHTS OF A QUALIFYING PATIENT, CAREGIVER, PHYSICIAN, OR, ANY LICENSE ENTITY PURSUANT TO THE ARKANSAS MEDICAL MARIJUANA AMENDMENT OF 2016.

Section I. The following is added as an amendment to the Arkansas Constitution:

§ 1. Short title.
This is an amendment to the Arkansas Constitution that may be cited as "The Arkansas Recreational Marijuana Amendment".

§ 2. Effective Date.
This amendment is effective on and after November 7th 2018.

§ 3. Definitions.
The following terms are defined for the purposes of this amendment: (a) "Adult" means a person who is eighteen years of age or older. (b) "Business entity" means a person or group of persons, who are eighteen (18) years of age or older, performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit. (c) "Carry on" or "Carrying on" means to have possession of an item on one's body and personal effect. (d) "Cultivation location" means the physical address where marijuana is being grown for recreational purposes. (e) "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 fourteen nanograms per milliliter (14ng/ml). (f) "Marijuana" or "Recreational 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. (g) "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 recreational marijuana, or for ingesting, inhaling or otherwise introducing recreational marijuana into the human body. (h) "Marijuana related offense(s)" means a violation of the Uniformed Controlled Substances Act that occurred prior to the effective date of this amendment for one or more of the following:
1) Possession of marijuana;
2) Possession with the intent to manufacture and deliver marijuana;
3) Manufacturing, distributing, and delivering marijuana;
4) Distributing or delivering marijuana in proximity of certain facilities;
5) The unlawful use of a communication device as it pertains to the distribution of marijuana;
6) Possession of marijuana paraphernalia.
(i) "Mature marijuana plants" means recreational marijuana plants that are in the flowering stage and producing colas. U) "Minor" means a person who is under the age of eighteen (18) years of age. (k) "Personal effects" means items a person has in his or her possession that they often carry with them. (I) "Products produced from recreational marijuana", "products produced therefrom", or "products therefrom" means items and substances manufactured from recreational marijuana, containing more than three tenths of one percent (0.3%) delta-9-tetrahydrocannabinol (ll9THC) and is used as an intoxicant for recreational purposes, and is consumed into the human body in the form of food, drink, vapor, or smoke. (m) "Recreational purposes" means to be used as an intoxicant for the reason of enjoyment or pleasure. (n) "Remuneration" means an act in which money is being paid to purchase recreational marijuana and or products produced therefrom for recreational purposes (o) "Use recreational marijuana and products produced therefrom" means to ingest, inhale, or otherwise introduce recreational marijuana into the human body.

§ 4. Lawful Recreational Marijuana Activities
Notwithstanding any other provision of law, the following activities regarding recreational marijuana and products produced therefrom shall not be offenses under Arkansas law, or be a basis for seizure or forfeiture of assets pursuant to The Uniform Controlled Substances Act: (a) Any adult or business entity may cultivate up to twenty-five (25) mature marijuana plants, and up to twenty-five (25) non mature marijuana plants, and produce products therefrom provided that:

1) Recreational 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.
2) The location where more than twelve (12) marijuana plants is being cultivated is placed on record with the county sheriffs office in the county in which the plants are being grown, provided that:
A. the cost to register a cultivation location shall not exceed two-hundred and fifty dollars ($250.00) per year per adult or business entity registered at a location, and B. not more than four adults or four business entities may be registered at the same location.
C. the number of cultivation locations registered per county shall not be limited.
3) The act of using flammable solvents to extract delta-9-tetrahydrocannabinol (~9THC) from the marijuana plant to produce recreational marijuana concentrates shall be prohibited in residential areas.
(b) Any adult or business entity may distribute, sell, and purchase recreational marijuana and products produced therefrom provided that:
1) The adult or business entity provides proof of age with any valid state identification card or any state driver's license prior to purchase, provided that;
A. Any adult or business entity who provides an out of state identification to purchase recreational marijuana shall be limited to the following purchases per day:
(i) up to one-half ounce (1/2 oz) of smokable or vaporizable recreational marijuana, and (ii) up to thirty-two ounces (32 oz) of edible or drinkable recreational marijuana.
2) The location where recreational marijuana and products produced therefrom 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 recreational marijuana being sold is designed and packaged pursuant to §5 of this amendment.
(c) Any adult or business entity may transport recreational marijuana and products produced therefrom by motorized vehicle, watercraft, aircraft, and carry on one's personal effects on any Arkansas public highway, road, street, waterway, and any public place provided that:
1) Recreational marijuana and products produced therefrom must not be subject to public view during transport or while carrying on one's personal effects.
(d) Any adult or business entity may use recreational marijuana and products produced therefrom wheresoever the consumption of alcohol is permitted, provided that:
1) The owner(s) of the property does not prohibit such use.

§ 5. Recreational marijuana product design and packaging.
(a) All edible and drinkable products produced from recreational marijuana that is sold by any business entity or adult 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 (ll9THC) 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 (ll9THC) 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 recreational marijuana that is sold by any business entity or adult;
1) Shall provide information on the packaging or labeling to enable the informed consumption of such product, including the delta-9-tetrahydrocannabinol (~9 THC) content, potential effects of the product, and directions as to how to consume the product.
(c) All recreational marijuana and products produced therefrom that is distributed by an adult or business entity without remuneration to any adult or business entity shall be exempt from the design, packaging, and labeling requirements of this section.

§6. Marijuana paraphernalia
Any business entity or adult may manufacture, possess, and purchase marijuana paraphernalia, or may sell marijuana paraphernalia to another business entity or adult, providing that such paraphernalia sold that contains recreational marijuana is designed, packaged, and labeled pursuant to §5 of this amendment.

§7. Employers, driving, minors, medical marijuana privileges:
(a) Nothing in this amendment is intended to affect the ability of employers to have policies restricting the use of recreational 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 recreational marijuana or products produced therefrom, with or without remuneration, to a minor. (d) Nothing in this amendment is intended to permit any minor to cultivate, produce, sell, purchase, transport, possess, or use recreational marijuana and products produced therefrom. (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 is intended to limit any privileges or rights of a qualifying patient, caregiver, physician, or licensed entity in regards to medical marijuana pursuant to the Arkansas Medical Marijuana Amendment of 2016.

§8. Expungement of Convictions for Marijuana Related Offenses.
(a) All convictions for a marijuana related offense, as defined in §3(h) of this amendment, shall be expunged from all criminal records in this state. (b) The State shall release from incarceration, probation, and parole all persons whose current and only conviction(s) in which they are serving was for a marijuana related offense as defined in §3(h) of this amendment.

§9. Taxation and distribution of proceeds from the sale of recreational marijuana (a) The following taxes shall be imposed upon the purchase of recreational marijuana in Arkansas:
1) The Arkansas State Sales and Use Tax, 2) a five percent (5%) recreational marijuana excise tax, and 3) a two percent (2%) local sales tax.
(b) The distribution of tax revenues received by the Department of Finance and Administration from the sale of recreational marijuana under this amendment may be determined by the general assembly.

§10. Penalties
The following offenses upon conviction is guilty of a violation, a penalty no greater than one-hundred and fifty dollars ($150) shall be imposed: (a) providing recreational marijuana to a minor, with or without remuneration, and

(b) cultivating, producing, distributing, selling, possessing or attempting to possess recreational marijuana while under the age of eighteen (18).

§11. Conflicting Laws.
The provisions of this Amendment are hereby declared to be severable, 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.