Why was the November 2017 Arkansas True Grass cannabis ballot title rejected by the AG?

Plain-English summary

Mary L. Berry submitted a proposed recreational marijuana amendment with a popular name and ballot title. The Arkansas Attorney General rejected the submission before a detailed review. She identified two threshold problems in the proposal and title that prevented her from deciding whether the title would adequately inform voters.

First, the ballot title's 11-part clause about unlawful activities closely tracked a 13-part section of the proposed amendment. To turn that text into a usable title, the AG said she would have to choose language from the measure and effectively draft a new title. She considered that beyond her authority under Ark. Code Ann. § 7-9-107.

Second, Section 10 called certain conduct “unlawful,” while Section 7 said the amendment was not “intended to permit” some of the same conduct, including driving under the influence of marijuana and minors cultivating or distributing it. The AG said those formulations have different operative effects and the measure did not explain how they related. She rejected the popular name, ballot title and proposed measure as submitted. The letter does not assess any later True Grass filing or explain whether a particular revision succeeded.

Currency note

This opinion addresses the submission before the AG in November 2017. The attached proposed amendment did not become law through this opinion. Check the status of any later ballot measure and current Arkansas law separately.

Background and statutory framework

Under Ark. Code Ann. § 7-9-107, the AG could certify, substitute and certify, or reject a proposed popular name and ballot title. The opinion says sponsors must submit a title that attempts to summarize their measure fairly. The AG could refine a suitable title but was not required to generate one when the submitted title was wholly deficient or to rewrite the proposed measure itself.

The AG cited Arkansas Supreme Court standards requiring a ballot title to give voters an intelligible idea of a proposal's scope and to adequately inform them for a reasoned vote. She said the two problems in Berry's submission stopped her before she could conduct a detailed review under the statute.

The AG's reasoning

Copied section. Section 10 of the measure had 13 subsections of allegedly unlawful activities. A clause in the ballot title repeated 11 of them in nearly the same language. The AG said evaluating that title would require her to pick and choose language from the measure, which would amount to crafting a title “out of whole cloth.”

Unclear relationship between sections. Section 7 used phrases such as “not intended to affect,” “not intended to permit,” and “not intended to limit.” Section 10 used “unlawful.” Driving under the influence and some activities by minors appeared in both. The AG said unlawful conduct and conduct merely not affirmatively permitted by a law differ, and the sponsor needed to explain within the measure how those categories interacted.

The AG said she could not begin to review the title's sufficiency until these threshold deficiencies were addressed. She also warned that the deficiencies she identified might not be exhaustive. Her letter did not decide what penalties would attach to the overlapping conduct under a revised proposal.

Common questions

Why did the AG reject the ballot title?

It closely copied a long part of the measure, and the measure itself used inconsistent descriptions for some conduct. The AG said she could not create a new title from the text or assess a fair summary without clarification.

Is “unlawful” the same as “not permitted” by an amendment?

The AG said there are important operative differences. The submitted measure did not explain how those two categories should interact when it described the same activity both ways.

Did the AG rule on a later True Grass submission?

No. This opinion addresses Berry's November 2017 submission. It contains no conclusion about a later draft or the effect of deleting a section from one.

Did the AG evaluate the merits of recreational marijuana legalization?

No. She expressly said certification review does not reflect her view of the measure's merits.

Source

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

Original opinion text

STAT E O F ARKAN SAS
ATTO RN EY G EN ERAL
LES LI E RUTLED GE

Opinion No. 2017-122

November 28, 2017

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

Dear Ms. Berry:

At the outset, I wish to make clear 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 a measure when making a decision to certify or reject.

Section 7-9-107 authorizes my office to 1) certify the popular name and ballot title of a proposed measure, 2) substitute and certify the popular name and ballot title, or 3) reject the entire submission if the "nature of the issue ~] is presented in such manner that the ballot title would be misleading" to voters. The purpose of my review under section 7-9-107 is to ensure that the popular name and ballot title honestly, intelligibly, and fairly set forth the purpose of the proposed amendment. 2 In this way, voters will have a fair understanding of the issues presented by reference to the ballot title alone. 3

At the time they are submitted to my office under section 7-9-107, the popular name and ballot title for proposed constitutional amendments and acts "should be complete enough to convey an intelligible idea of the scope and import of the

1
Ark. Code Ann.§ 7-9-107(c).
2
See Arkansas Women 's Political Caucus v. Riviere, 283 Ark. 463 , 466, 677 S.W.2d 846 (1984).
3
Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555 , 558 (1980) (internal citations omitted).

323 CENTER STRE ET. SU ITE 200 · LI TTLE ROCK. ARKAN SAS 7220 1 TELEPH ONE (501) 682-200 7 · FAX (50 I ) 682-8084 ARKA N SAS AG. GOV

Mary L. Berry, Officer
Ark. True Grass BQC
Opinion No. 2017-122
Page 2

proposal." 4 And it follows from my duty to reject misleading submissions that any ballot title submitted for review should represent the sponsor's attempt to summarize her proposed amendment or act in a non-misleading fashion. While I am authorized to substitute and certify a ballot title that is more suitable (in terms of affording voters a fair understanding of the issues presented), section 7-9-107 does not contemplate that I generate a ballot title when the ballot title submitted is wholly deficient. Nor does the statute require that I modify the proposed measure itself in order to then summarize the measure's text in a suitable ballot title. Crafting the measure's text and accurately summarizing that text in a ballot title are the sponsor's responsibility prior to submission.

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 concernmg the cannabis plant, and in connection therewith, permitting 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; recognizing that such activity remain unlawful under federal law; providing for the expungement of all marijuana related convictions from criminal records that were imposed under the Arkansas Uniformed Controlled

4
Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994) (internal quotation omitted). The Arkansas Supreme Cout1 has explained that ballot titles are legally insufficient unless they "adequately inform" voters and enable a "reasoned decision in the voting booth." Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154, at n. 2. Likewise, a ballot title cannot be approved ifthe text of the proposal creates a disconnect between the ballot title and the content of the proposed measure. Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000). This is because "internal inconsistencies would inevitably lead to confusion in drafting a popular name and ballot title, and to confusion in the ballot title itself." Id.

Mary L. Berry, Officer
Ark. True Grass BQC
Opinion No. 2017-122
Page 3

Substances Act prior to the enactment of this amendment; providing for the release of persons from incarceration, probation, and parole whose current and only convictions were for violating the State law in regards to marijuana; defining recreational marijuana containing more than 0.3% THC; providing that a business entity or an adult may cultivate, produce, distribute, sell, purchase, transport, and use recreational marijuana and products produced therefrom; providing that a person 18 years of age or older, or business entity may cultivate marijuana plants in a location not subject to public view without optical aid; providing that any location where more than a total of 12 marijuana plants is being grown for recreational purposes, the location is registered with the county sheriffs office in the county in which the plants are being grown; permitting the transport of recreational marijuana out of public view; permitting the consumption of recreational marijuana wheresoever the consumption of alcohol is permitted by adults; providing that sales of recreational marijuana will be subject to existing sales tax, and an additional 5% recreational marijuana excise tax, and a local sales tax of 2%; permitting any adult or business entity that is 1500 feet away or more from a public or private school, church, or daycare may sell recreational marijuana and products produced therefrom to any adult person 18 years of age or older with proof of age; limiting the quantity of recreational marijuana products that can be sold per day to buyers presenting an out of state proof of age; 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 the 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; providing that the following activities shall be or remain unlawful under State law; (a) cultivating, producing, distributing, selling, possessing and using recreational marijuana while under 18 years of age; (b) providing recreational marijuana to a person under 18 years of age with or without remuneration; (c) cultivating more than 12 marijuana plants in a location that has not been registered with the county sheriffs office; (d) cultivating recreational marijuana subject to public view without optical aid; (e) [sic] using flammable solvents to extract THC from the marijuana plant in a residential area; (f) selling more than one half an ounce of smokable [sic] or vaporizable recreational

Mary L. Berry, Officer
Ark. True Grass BQC
Opinion No. 2017-122
Page 4

marijuana and more than 32 ounces of edible or drinkable recreational marijuana to an adult who presents an out of state identification; (g) selling recreational marijuana within 1500 feet of a public or private school, daycare center, or church; (h) selling recreational marijuana products that does [sic] not provide labels with required product information, designed to appeal to children, or exceeds 10 mg per serving; (i) transporting marijuana subject to public view; U) consuming recreational marijuana where the consumption of alcohol is prohibited or where the owner(s) prohibited such use; (k) operating a motorized vehicle with a THC blood content that exceeds 14 nanograms per milliliter; providing penalties for violations pursuant to the Amendment that include (a) a fine not to exceed two-hundred dollars ($200.00) for a first time offense, (b) a Class C misdemeanor charge for second time offense with the right to cultivate, produce and sell relinquished for one year, and (c) a Class B misdemeanor charges for subsequent offenses with the right to cultivate, produce, and sell recreational marijuana relinquished for 5 years; 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, or use recreational marijuana and; (e) is not intended to limit any privileges or rights of a qualifying patient, caregiver, physician, or, any license [sic] entity pursuant to the Arkansas Medical Marijuana Amendment of2016.

RESPONSE

My statutory duty is to certify, substitute and certify, or reject the entire proposal. And my office attempts in the usual course to identify problems in the text of a proposed measure that prevent certification of a satisfactory ballot title. But there are threshold shortcomings in your submission that preclude any detailed review under section 7-9-107( c).

First, the text of your proposed measure contains a lengthy section that appears to have been simply copied over to the ballot title. Section 10 ("Unlawful activities pursuant to this Amendment") has 13 subsections, which purport to describe

Mary L. Berry, Officer
Ark. True Grass BQC
Opinion No. 2017-122
Page 5

activities related to recreational marijuana that will be "unlawful." And in a clause with 11 subsections, your proposed ballot title states that "the following activities shall be or remain unlawful under state law .... " The clause in the ballot title tracks the language in Section 10 almost exactly. As a result, determining if the ballot title "adequately inform[s]" 5 voters of the measure's content would require me to pick and choose language from the text of the measure itself, which is tantamount to crafting a ballot title out of whole cloth. This is beyond the scope of my authority under section 7-9-107.

Moreover, there is a fundamental inconsistency between the "unlawful" activities listed in Section 10, and the activities discussed in Section 7 ("Employers, driving, minors, medical marijuana privileges."). Section 7 appears to create three classes of marijuana-related activities: those the proposed measure is not "intended to affect," such as an employer's ability to restrict the use of marijuana by its employees; 6 those the proposed measure is "not intended to permit," such as driving under the influence of marijuana; 7 and those the proposed measure is not "intended to limit," such as rirhts and privileges under the Arkansas Medical Marijuana Amendment of2016.

As an initial matter, I cannot distinguish between the conduct described in Section 10 as "unlawful" and the conduct described in Section 7 as merely not "permit[ted]." For example, "driving under the influence of marijuana" appears to be both an unlawful activity 9 and an activity that the proposed measure is "not intended to permit .... " 10 And the same is true of minors cultivating, producing, distributing, etc. recreational marijuana. 11

5
Lange, 2016 Ark. 337, 500 S.W.3d 154, at n. 2 (noting the importance of voters' ability to make a "reasoned decision in the voting booth."). 6 See Section 7(a).
7
See Section 7( c).
8
See Section 7(g).
9
Section 10(a)(l3).
10
Section 7(c).
11
Compare Section 7( e) ("Nothing in this amendment is intended to permit any minor to cultivate
... recreational marijuana and products produced therefrom.") with Section 10(1) ("The following

Mary L. Berry, Officer
Ark. True Grass BQC
Opinion No . 2017-122
Page 6

There are important, operative differences between unlawful conduct and conduct that is not affirmatively permitted under a given law. To the extent a proposed amendment addresses both categories of conduct, the sponsor must attempt to explain (in the text of the measure itself) how these categories interact. Because your proposed measure fails to do so, I cannot begin to review the sufficiency of ' the proposed ballot title.

CONCLUSION

The Arkansas Constitution does not charge my office with any role in drafting initiated constitutional amendments or acts. My duty in reviewing submissions under section 7-9-107 is to the electorate as a whole. I cannot advise or advocate for individual sponsors. 12 Sponsors must make the necessary efforts to ensure that their proposed measures, popular names, and ballot titles have been thoroughly vetted for compliance with the high standards established by the Court prior to their submission to my office.

Your submission falls short of the mm1mum criteria under section 7-9-107. Therefore, I cannot analyze whether the ballot title, or the nature of the issue, is presented in such a way that the ballot title would be misleading. While the deficiencies noted above are not necessarily all of the issues preventing certification of a popular name and ballot title for your proposed measure, they are sufficiently serious that I am unable to further review your submission pursuant to section 7-9-107(c). I must reject your entire ballot title, popular name, and proposed measure.

Sincerely,

~~
LESLIE RUTLED
Attorney General

Enclosure

activities . . . are unlawful ... pursuant to this amendment: cultivating ... recreational marijuana if under the age of eighteen ( 18) years old ."). 12 See Op. Att'y Gen. 2017-032 (citing Ark. Code Ann. § 25-16-701 (Supp. 2015) for the proposition that the Attorney General is prohibited from engaging in the private practice of law).

(POPULAR NAME)
THE ARKANSAS RECREATIONAL MARIJUANA AMENDMENT

(BALLOT TITLE)
AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE CANNABIS PLANT, AND IN CONNECTION THEREWITH, PERMITTING 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; RECOGNIZING THAT SUCH ACTIVITY REMAIN UNLAWFUL UNDER FEDERAL LAW; PROVIDING FOR THE EXPUNGEMENT OF ALL MARIJUANA RELATED CONVICTIONS FROM CRIMINAL RECORDS THAT WERE IMPOSED UNDER THE ARKANSAS UNIFORMED CONTROLLED SUBSTANCES ACT PRIOR TO THE ENACTMENT OF THIS AMENDMENT; PROVIDING FOR THE RELEASE OF PERSONS FROM INCARCERATION, PROBATION, AND PAROLE WHOSE CURRENT AND ONLY CONVICTIONS WERE FOR VIOLATING THE STATE LAW IN REGARDS TO MARIJUANA; DEFINING RECREATIONAL MARIJUANA CONTAINING MORE THAN 0.3% THC; PROVIDING THAT A BUSINESS ENTITY OR AN ADULT MAY CULTIVATE, PRODUCE, DISTRIBUTE, SELL, PURCHASE, TRANSPORT, AND USE RECREATIONAL MARIJUANA AND PRODUCTS PRODUCED THEREFROM; PROVIDING THAT A PERSON 18 YEARS OF AGE OR OLDER, OR BUSINESS ENTITY MAY CULTIVATE MARIJUANA PLANTS IN A LOCATION NOT SUBJECT TO PUBLIC VIEW WITHOUT OPTICAL AID; PROVIDING THAT ANY LOCATION WHERE MORE THAN A TOTAL OF 12 MARIJUANA PLANTS IS BEING GROWN FOR RECREATIONAL PURPOSES, THE LOCATION IS REGISTERED WITH THE COUNTY SHERIFF'S OFFICE IN THE COUNTY IN WHICH THE PLANTS ARE BEING GROWN; PERMITTING THE TRANSPORT OF RECREATIONAL MARIJUANA OUT OF PUBLIC VIEW; PERMITTING THE CONSUMPTION OF RECREATIONAL MARIJUANA WHERESOEVER THE CONSUMPTION OF ALCOHOL IS PERMITTED BY ADULTS; PROVIDING THAT SALES OF RECREATIONAL MARIJUANA WILL BE SUBJECT TO EXISTING SALES TAX, AND AN ADDITIONAL 5% RECREATIONAL MARIJUANA EXCISE TAX, AND A LOCAL SALES TAX OF 2%; PERMITTING ANY ADULT OR BUSINESS ENTITY THAT IS 1500 FEET AWAY OR MORE FROM A PUBLIC OR PRIVATE SCHOOL, CHURCH, OR DAYCARE MAY SELL RECREATIONAL MARIJUANA AND PRODUCTS PRODUCED THEREFROM TO AN ADULT PERSON 18 YEARS OF AGE OR OLDER WITH PROOF OF AGE; LIMITING THE QUANTITY OF RECREATIONAL MARIJUANA PRODUCTS THAT CAN BE SOLD PER DAY TO BUYERS PRESENTING AN OUT OF STATE PROOF OF AGE; 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; PROVIDING THAT THE FOLLOWING ACTIVITIES SHALL BE OR REMAIN UNLAWFUL UNDER STATE LAW; (A) CULTIVATING, PRODUCING, DISTRIBUTING, SELLING, POSSESSING AND USING RECREATIONAL MARIJUANA WHILE UNDER 18 YEARS OF AGE; (B) PROVIDING RECREATIONAL MARIJUANA TO A PERSON UNDER 18 YEARS OF AGE WITH OR WITHOUT REMUNERATION; (C) CULTIVATING MORE THAN 12 MARIJUANA PLANTS IN A LOCATION THAT HAS NOT BEEN REGISTERED WITH THE COUNTY SHERIFF'S OFFICE; (D) CULTIVATING RECREATIONAL MARIJUANA SUBJECT TO PUBLIC VIEW WITHOUT OPTICAL AID;(E) USING FLAMMABLE SOLVENTS TO EXTRACT THC FROM THE MARIJUANA PLANT IN A RESIDENTIAL AREA; (F) SELLING MORE THAN ONE HALF AN OUNCE OF SMOKABLE OR VAPORIZABLE RECREATIONAL MARIJUANA AND MORE THAN 32 OUNCES OF EDIBLE OR DRINKABLE RECREATIONAL MARIJUANA TO AN ADULT WHO PRESENTS AN OUT OF STATE IDENTIFICATION; (G) SELLING RECREATIONAL MARIJUANA WITHIN 1500 FEET OF A PUBLIC OR PRIVATE SCHOOL, DAYCARE CENTER, OR CHURCH; (H) SELLING RECREATIONAL MARIJUANA

PRODUCTS THAT DOES NOT PROVIDE LABELS WITH REQUIRED PRODUCT INFORMATION, DESIGNED TO APPEAL TO CHILDREN, OR EXCEEDS 10 MG PER SERVING; (!)TRANSPORTING MARIJUANA SUBJECT TO PUBLIC VIEW; (J) CONSUMING RECREATIONAL MARIJUANA WHERE THE CONSUMPTION OF ALCOHOL IS PROHIBITED OR WHERE THE OWNER(S) PROHIBITED SUCH USE; (K) OPERATING A MOTORIZED VEHICLE WITH A THC BLOOD CONTENT THAT EXCEEDS 14 NANOGRAMS PER MILLILITER; PROVIDING PENALTIES FOR VIOLATIONS PURSUANT TO THE AMENDMENT THAT INCLUDE (A) A FINE NOT TO EXCEED TWO-HUNDRED DOLLARS ($200.00) FOR A FIRST TIME OFFENSE,(B) A CLASS C MISDEMEANOR CHARGE FOR SECOND TIME OFFENSE WITH THE RIGHT TO CULTIVATE, PRODUCE AND SELL RELINQUISHED FOR ONE YEAR, AND (C) A CLASS B MISDEMEANOR CHARGES FOR SUBSEQUENT OFFENSES WITH THE RIGHT TO CULTIVATE, PRODUCE, AND SELL RECREATIONAL MARIJUANA RELINQUISHED FOR 5 YEARS; 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, 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) "Cultivation location" or "location" means the physical address where marijuana is being grown for recreational purposes. (d) "Cultivator" means an adult or business entity that is growing recreational marijuana plants. (e) "Drive or Driving under the influence of marijuana" means operating a motorized vehicle on any public road, highway, or street when the Delta-9-tetrahydrocannabinol (b.9THC) 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 (b.9THC), 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) "Minor" means a person who is under the age of eighteen (18) years of age. U) "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 (~9THC) 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. (k) "Recreational purposes" means to be used as an intoxicant for the reason of enjoyment or pleasure. (I) "Remuneration" means an act in which money is being paid to purchase recreational marijuana and or products produced therefrom for recreational purposes. (m) "Use recreational marijuana and products produced therefrom", "use recreational marijuana", or "consume recreational marijuana" 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 recreational marijuana, 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) Any location where there are more than a total of twelve (12) marijuana plants being grown by one or more cultivators, the location is to be registered with the county sheriff's office in the county in which the plants are being grown, provided that:
A. the cost to register the cultivation location shall not exceed two-hundred and fifty dollars ($250.00) per year per location.
3) The act of using flammable solvents to extract delta-9-tetrahydrocannabinol (~9THC) from the marijuana plant 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) All buyers of recreational marijuana 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 provided that;
1) Recreational marijuana and products produced therefrom must not be subject to public view during transport.
(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, packaging and labeling. (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 th~ 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 (.ll9THC) content, potential effects of the product, and directions as to how to consume the product.
(c) All products produced from recreational marijuana that is distributed by any 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 adult or business entity may manufacture, possess, and purchase marijuana paraphernalia, or may sell marijuana paraphernalia to another adult or business entity, 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 affect the ability of property owners to have policies restricting or prohibiting the cultivation, production, distribution, sale, possession and use of recreational marijuana on his or her property. (c) Nothing in this amendment is intended to permit driving under the influence of marijuana. (d) Nothing in this amendment is intended to permit the transfer of recreational marijuana or products produced therefrom, with or without remuneration, to a minor.

(e) 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. (f) 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. (g) 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 Prior 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.

§1 OUnlawful activities pursuant to this Amendment:
(a) The following activities in regards to recreational marijuana are unlawful under state law pursuant to this amendment; 1) cultivating, producing, distributing, selling, purchasing, possessing, and using recreational marijuana if under the age of eighteen (18) years old.
2) manufacturing, possessing, selling, or purchasing marijuana paraphernalia if under the age of eighteen
(18) years old.
3) providing recreational marijuana and marijuana paraphernalia to a minor with or without remuneration. 4) having more than a total of twelve (>12) recreational marijuana plants in a cultivation location that has
not been registered with the county sheriffs office.
5) cultivating recreational marijuana plant in a location subject to public view. 6) cultivating, producing, distributing, selling, and using recreational marijuana on property where the
owner(s) prohibit such activity.
7) using flammable solvents to extract delta-9-tetrahydrocannabinol (~9THC) from recreational marijuana
in residential areas.
8) selling recreational marijuana within one thousand five hundred feet (1500') of a public or private
school, daycare center, or church.
9) selling more than what is permitted to an adult or business entity who provides an out of state
identification to purchase recreational marijuana, pursuant to §4(b)1A (i) and(ii) of this amendment.

10) selling products produced from recreational marijuana that has not been designed, packaged, and
   labeled pursuant to §5 of this amendment.
11) transporting recreational marijuana subject to public view.
12) consuming recreational marijuana wheresoever the consumption of alcohol is prohibited.
13) driving under the influence of marijuana.

§11. Penalties
(a) Any person found guilty of one or more unlawful activity pursuant to §10 of this amendment the following penalties may be imposed;
1) First time offense: upon conviction is guilty of a violation, a penalty not greater than two-hundred dollars ($200) shall be imposed.
2) Second time offense: upon conviction is guilty of a Class C misdemeanor, a penalty not greater than five-hundred dollars ($500) shall be imposed, up to thirty days (30) days in jail, and his or her right to cultivate, produce, and sell recreational marijuana and products produced therefrom shall be relinquished for one (1) year.
3) Third time or subsequent offense: upon conviction is guilty of a Class B misdemeanor, a penalty not greater than one-thousand dollars ($1 ,000) shall be imposed, up to ninety (90) days in jail, and his or her right to cultivate, produce, and sell recreational marijuana and products produced therefrom shall be relinquished for five (5) years.

§12. 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.