Why was the December 2017 True Grass cannabis ballot title rejected?

Plain-English summary

Mary L. Berry submitted the proposed Arkansas Recreational Marijuana Amendment of 2018 for popular-name and ballot-title certification. The Attorney General rejected the submission because its rules for recreational marijuana licenses and plant tags used three partly overlapping dates that she could not summarize fairly for voters.

The measure said it would take effect on November 7, 2018, apparently making specified recreational marijuana activities lawful then. It also said the state would begin issuing licenses and plant tags by April 19, 2019. Cultivators and producers would have to have a license, and plants would have to have tags, after June 19, 2019. The AG said it was unclear how the legal status of those activities changed across the three periods, especially alongside additional state rules and penalties the measure allowed.

The AG could not substitute a ballot title that accurately summarized those provisions. She noted similar timing problems in earlier submissions and doubted that a future submission with similar defects could give voters a fair understanding. This opinion did not identify an inconsistency between Sections 7 and 10 as its reason for rejection.

Currency note

This December 2017 opinion reviews one proposed amendment, not the law governing marijuana now. The proposal's dates describe what it would have done if adopted. Check current Arkansas law for present licensing requirements.

Background and statutory framework

Under Ark. Code Ann. § 7-9-107, the AG could certify a popular name and ballot title, substitute suitable language and certify them, or reject a misleading submission. The sponsor had to provide a proposed title that fairly summarized the measure. The AG said her office could not rewrite the proposed amendment or generate an independent ballot title from a deficient submission.

Here, the identified problem centered on Section 4's licensing and plant-tag scheme and Section 2's effective date. The title itself repeated the April and June 2019 dates. The AG nevertheless found the underlying provisions too confusing to summarize in an intelligent, honest and impartial way. She stopped the detailed review after that threshold finding and warned that it might not be the only issue preventing certification.

Common questions

Why was this ballot title rejected?

The AG could not tell voters fairly how marijuana cultivation and related activities would be regulated between the proposed November 2018 effective date, the April 2019 license and tag issuance date, and the June 2019 date after which licenses and tags were required.

Would the proposed amendment have allowed cultivation before licenses were issued?

The AG said the November effective date appeared to legalize activities immediately, but the later licensing and tagging dates muddied their legal status. She did not give a definitive interpretation of the proposed scheme.

Could the AG rewrite the ballot title to clarify the dates?

She said she could not substitute language that fairly and accurately summarized the confusing provisions of the measure itself. Drafting the measure and a suitable summary remained the sponsor's responsibility.

Did this opinion decide any later submission?

No. It discusses Berry's December 2017 submission and mentions earlier proposals with similar plant-tag and timing ambiguities. It gives no ruling on a later draft.

Source

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

Original opinion text

STATE OF ARKAN SAS
ATTORNEY GENERAL
LE SLI E RUTLEDGE

Opinion No. 2017-127

December 14, 2017

Ms. Mary L. Berry, Sponsor
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. 1 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) (Supp. 2017).
2
See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846, 848 (1984). 3 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980) (internal citations omitted).

323 CENTER STREET . SU ITE 200 · L ITTLE RO C K. ARKANSAS 7220 1 TE LEP H ONE (501) 682-2007 · FAX (50 1) 682-8084 ARKANSASAG.GOV

Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
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 of 2018

Ballot Title

An amendment to the Arkansas Constitution concemmg the cannabis plant, and in connection therewith, providing for the regulation and taxation of recreational marijuana in the State; providing that the cultivation, production, distribution, sale, transport, possession, and use of recreational marijuana and products produced therefrom by adults (18 years of age or older) shall be lawful under Arkansas law; recognizing that such activities remain prohibited under federal law; providing for the release from

4
Ba;/ey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 ( 1994) (internal quotation omitted). The Arkansas Supreme Cow1 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 if the 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.

Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
Page 3

incarceration, probation, and parole of all persons whose current and only conviction(s) in which they are serving were for violating the Arkansas Uniformed Controlled Substances Act in regards to marijuana; and providing for the expungement of marijuana related convictions that were imposed prior to the Amendments [sic] effective date of November 7th, 2018; providing that any adult or business entity may cultivate, produce, and sell recreational marijuana and products produced therefrom; providing that any adult or business entity may have up to 36 marijuana plants growing in a location not subject to public view without optical aid; permitting the transport of recreational marijuana out of public view; permitting the consumption of recreational marijuana wheresoever the consumption of alcohol is permitted; 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 being sold in the form of food or drink (a)shall [sic] not be designed to appeal to children; (b) shall not exceed I 0 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 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) [sic] a Class C misdemeanor charge for second time offense with the recreational marijuana license to cultivate, produce and sell recreational marijuana suspended for one year, and (c) a Class B misdemeanor charge for subsequent offenses with the recreational marijuana license to cultivate, produce, and sell recreational marijuana suspended for 5 years and providing that the Amendment (a) shall not be construed to affect the ability of employers to have policies restricting the use of recreational marijuana by employees, (b) shall not be construed to permit driving under the influence of marijuana, (c) shall not be construed to permit the transfer of recreational marijuana to anyone under 18 years of

Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
Page 4

age, (d) nor permit anyone under 18 years of age to cultivate, produce, sell, distribute, transport, possess, or use recreational marijuana, and (e) shall not be construed 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; providing that the State shall begin issuing recreational marijuana licenses and plant tags by April 19th, 2019 such licenses and tags shall not be required to cultivate, produce, and sell recreational marijuana upon the effective date of this Amendment but shall be required after June 19th [sic] 2019.

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 is at least one threshold shortcoming in your submission that precludes detailed review under section 7-9-107(c).

The proposed ballot title and amendment refer to a regulatory scheme that is overly complex at best, and at worst so convoluted it cannot be summarized in a manner that is "intelligent," "honest," and "impartial. " 5 Section 4( c) of your proposed amendment ("The Regulation of Recreational Marijuana") states that on and after the amendment's effective date, "any adult or business entity may cultivate recreational marijuana and produce products therefrom," subject to certain restrictions. One of these restrictions is that "cultivators and product producers ... will be required to have a recreational marijuana license after June 19th, 2019. " 6 Another is the requirement that "all recreational marijuana plants ... have a plant tag after June 19th, 2019." 7 And according to the proposed amendment, the "state shall begin issuing" both marijuana licenses and plant tags "by April 19, 2019." 8

5
Riviere, 283 Ark. at 466, 677 S.W.2d at 848.
6
Section 4(c)(2).
7
Section 4(c)(4)(A).
8
Sections 4(a) and 4(b).

Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
Page 5

Given that the proposed amendment's effective date is "on or after November 07, 2018," 9 the regulations quoted above create three time periods, each partially overlapping the next, and each legalizing (but some restricting) different aspects of recreational-marijuana use. The first period begins on November 7, 2018, when the proposed amendment would take effect. Ostensibly, at this time, "the cultivation, production, distribution, sale, transport, possession, and use" of recreational marijuana will be lawful throughout Arkansas. 10 But the legality of the same activities will somehow be altered on or before April 19, 2019, when the State must begin issuing marijuana licenses and plant tags. And the amendment purports to affect these activities yet again after June 19, 2019, by requiring certain people and business to "have" licenses and tags. The proposed regulatory scheme is further muddied in that regulations "shall include" the above, while at the same time the scheme must accommodate whatever "additional rules, regulations, and penalties that the state may adopt." 11

I cannot substitute language that fairly and accurately summarizes the quoted sections of the amendment itself. These sections are simply too confusing. Consequently, I cannot certify the ballot title as proposed. 12

You have previously submitted proposed amendments involving "plant tags," effective dates, and staggered time periods within which the State must begin regulating recreational-marijuana activities. I have consistently rejected those submissions because of ambiguities very similar, if not identical, to the defects found in your current submission. 13 In my judgment, it is doubtful that future

9
Section 2.
10
Section 4.

II Id.

12
Your proposed ballot title reads, in pertinent part, "the state shall begin issuing recreational marijuana licenses and plant tags by April 19th, 2019[;] such licenses and tags shall not be required to cultivate, produce, and sell recreational marijuana upon the effective date of this amendment[,] but shall be required after June 19th 2019." 13 See, e.g., Op. Att'y Gen. 2017-076 (stating that "a reasonable voter would believe that the activities permitted by issuance of a license or plant tag might not be lawful until at least April 19, 2019. And if licenses and plant tags are not issued until April 19, 2019 (or afterward), it is unclear what would be the legal status of "cultivation, production, distribution, sale, possession, and use of the cannabis plant" upon the measure's effective date of November 7, 2018.").

Ms. Mary L. Berry, Sponsor
Arkansas True Grass BQC
Opinion No. 2017-127
Page 6

submissions with similar defects will ever be capable of summary in a ballot title giving voters a fair understanding of the issues presented.

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. 14 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 minimum criteria under section 7-9-107. 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 serious enough that I am unable to further review the submission. I must therefore reject your entire ballot title, popular name, and proposed measure.

Sincerely,

~-~ ~
LESLIE RUTL~D~
Attorney General

Enclosure

14
See Op. Att'y Gen. 2017-032 (citing Ark. Code Ann. § 25-16-701 (Supp. 2015), which prohibits the Attorney General from engaging in the private practice of law).

THE ARKANSAS RECREATIONAL MARIJUANA AMENDMENT OF 2018 (Popular Name)

(Ballot Title)

AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE CANNABIS PLANT, AND IN CONNECTION THEREWITH, PROVIDING FOR THE REGULATION AND TAXATION OF RECREATIONAL MARIJUANA BY THE STATE; PROVIDING THAT THE CULTIVATION, PRODUCTION, DISTRIBUTION, SALE, TRANSPORT, POSSESSION, AND USE OF RECREATIONAL MARIJUANA AND PRODUCTS PRODUCED THEREFROM BY ADULTS (18 YEARS OF AGE OR OLDER) SHALL BE LAWFUL UNDER ARKANSAS LAW; RECOGNIZING THAT SUCH ACTIVITIES REMAIN PROHIBITED UNDER FEDERAL LAW; PROVIDING FOR THE RELEASE FROM INCARCERATION, PROBATION, AND PAROLE OF ALL PERSONS WHOSE CURRENT AND ONLY CONVICTION(S) IN WHICH THEY ARE SERVING WERE FOR VIOLATING THE ARKANSAS UNIFORMED CONTROLLED SUBSTANCES ACT IN REGARDS TO MARIJUANA; AND PROVIDING FOR THE EXPUNGEMENT OF MARIJUANA RELATED CONVICTIONS THAT WERE IMPOSED PRIOR TO THE AMENDMENTS EFFECTIVE DATE OF NOVEMBER 7TH, 2018; PROVIDING THAT ANY ADULT OR BUSINESS ENTITY MAY CULTIVATE, PRODUCE, AND SELL RECREATIONAL MARIJUANA AND PRODUCTS PRODUCED THEREFROM; PROVIDING THAT ANY ADULT OR BUSINESS ENTITY MAY HAVE UP TO 36 MARIJUANA PLANTS GROWING IN A LOCATION NOT SUBJECT TO PUBLIC VIEW WITHOUT OPTICAL AID; PERMITTING THE TRANSPORT OF RECREATIONAL MARIJUANA OUT OF. PUBLIC VIEW; PERMITTING THE CONSUMPTION OF RECREATIONAL MARIJUANA WHERESOEVER THE CONSUMPTION OF ALCOHOL IS PERMITTED; 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 BEING SOLD IN THE FORM OF FOOD OR DRINK (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 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 RECREATIONAL MARIJUANA LICENSE TO CULTIVATE, PRODUCE AND SELL RECREATIONAL MARIJUANA SUSPENDED FOR ONE YEAR, AND (C) A CLASS B MISDEMEANOR CHARGE FOR SUBSEQUENT OFFENSES WITH THE RECREATIONAL MARIJUANA LICENSE TO CULTIVATE, PRODUCE, AND SELL RECREATIONAL MARIJUANA SUSPENDED FOR 5 YEARS AND PROVIDING THAT THE AMENDMENT (A) SHALL NOT BE CONSTRUED TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE USE OF RECREATIONAL MARIJUANA BY EMPLOYEES, (B) SHALL NOT BE CONSTRUED TO PERMIT DRIVING UNDER THE INFLUENCE OF MARIJUANA, (C) SHALL NOT BE CONSTRUED TO PERMIT THE TRANSFER OF RECREATIONAL MARIJUANA TO ANYONE UNDER 18 YEARS OF AGE, (D) NOR PERMIT ANYONE UNDER 18 YEARS OF AGE TO CULTIVATE, PRODUCE, SELL, DISTRIBUTE, TRANSPORT, POSSESS, OR USE RECREATIONAL MARIJUANA, AND (E) SHALL NOT BE CONSTRUED 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; PROVIDING THAT THE STATE SHALL BEGIN ISSUING RECREATIONAL MARIJUANA LICENSES AND PLANT TAGS BY APRIL 19TH, 2019 SUCH LICENSES AND TAGS SHALL NOT BE REQUIRED TO CULTIVATE, PRODUCE, AND SELL RECREATIONAL MARIJUANA UPON THE EFFECTIVE DATE OF THIS AMENDMENT BUT SHALL BE REQUIRED AFTER JUNE 19TH 2019.

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 of 2018".

§ 2. Effective Date
This Amendment is effective on and after November 07, 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) "Cultivator(s)" means an adult or business entity that is growing recreational marijuana plants. (d) "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 (t.9THC) content of the operator's blood exceeds fourteen nanograms per milliliter (14ng/ml). (e) "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 (t.9THC), and is cultivated to be used as an intoxicant. (f) "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. (g) "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.
(h) "Minor" means a person who is under the age of eighteen (18) years of age. (i) "Products produced from recreational marijuana", "products produced therefrom", "products therefrom" or "recreational marijuana products" 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.

(j) "Product producer(s)" means an adult or business entity that manufactures products from recreational marijuana that is used as an intoxicant for recreational purposes. (k) "Recreational marijuana excise tax" means a tax that is imposed upon the purchase of recreational marijuana.

(I) "Recreational Marijuana License" or "marijuana license" means a registration card issued by the state to an adult or business entity engaged in the cultivation, production, and sale of recreational marijuana and products produced there from. Each license shall display a license account number, an expiration date, and the photo, name or business name, date of birth, and current address of the adult or business entity. (m) "Recreational Marijuana Plant tags", "plant tags", or "tags" means a label issued by the state that the cultivator attaches to the base or branch of a growing marijuana plant. Such a label may be barcoded or be embedded with a radio frequency identification (RFID) smart chip. Each tag shall display the marijuana license account number and an expiration date that corresponds with the cultivator's marijuana license. (n) "Recreational purposes" means to be used as an intoxicant for the reason of enjoyment or pleasure. (o) "Remuneration" means an act in which money is being paid to purchase recreational marijuana and or products produced therefrom for recreational purposes. (p) "Use recreational marijuana and products produced there from", "use recreational marijuana", or "consume recreational marijuana" means to ingest, inhale, or otherwise introduce recreational marijuana into the human body.

§4. The Regulation of Recreational Marijuana
On and after the effective date of this Amendment, the cultivation, production, distribution, sale, transport, possession, and use of recreational marijuana and products produced therefrom by any adult or business entity is lawful in every geographic area of every county of this state, under Arkansas law, and shall be regulated by the state, and such regulations shall include the following provisions, but do not preclude the imposition of additional rules, regulations, and penalties that the state may adopt and impose: (a) The state shall begin issuing recreational marijuana licenses by April 19th 2019 to regulate the cultivation, production, and sale of recreational marijuana in the state, and after June 19th 2019 all persons engaged in the cultivation, production, and sale of recreational marijuana shall be required to have a recreational marijuana license;
1. The cost of a recreational marijuana license shall not exceed thirty dollars ($30.00) per license per year.
2. any adult or business entity shall qualify to obtain a recreational marijuana license, provided that;
A. He or she is a resident of the state;
B. The license is not suspended by the state for violating the provisions pursuant to this amendment.
(b) The state shall begin issuing recreational marijuana plant tags by April 19th 2019 to regulate the cultivation of recreational marijuana plants grown and produced in this state, and after June 19th 2019 all recreational marijuana plants being grown in the state shall be required to have a plant tag.
1. The cost of a plant tag shall not exceed six dollars ($6.00) per tag, 2. any cultivator who has a recreational marijuana license may obtain such tags, 3. plant tags may be purchased in any quantity, but not to exceed thirty-six (36) plant tags per year per licensed cultivator.
(c) On and after the effective date of this amendment 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. All cultivators and product producers of recreational marijuana will be required to have a recreational marijuana license after June 19th 2019.
3. The act of using flammable solvents to extract delta-9-tetrahydrocannabinol (t.9THC) from the marijuana plant shall be prohibited in residential areas.
4. The quantity of recreational marijuana plants shall be limited to thirty-six (36) growing plants per cultivator, but the quantity of the products produced from recreational marijuana shall not be limited, provided that;
A. all recreational marijuana plants being grown in the state are required to have a plant tag after June 19th 2019.
(d) On and after the effective date of this Amendment any adult or business entity may distribute, sell, and purchase recreational marijuana and products produced there from provided that:
1. 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
2. All products produced from recreational marijuana being sold is designed and packaged pursuant to §5 of this amendment.
3. All who sell recreational marijuana and products produced therefrom will be required to have a recreational marijuana license after June 19th 2019.
4. All buyers of recreational marijuana provides proof of age with any valid state or out of state identification card or driver's license prior to purchase, provided that;
A. Any adult or business entity that 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.

(e) On and after the effective date of this Amendment 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.
(f) On and after the effective date of this Amendment 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.
(g) Penalties imposed by the state under this Amendment for violations pursuant to this section shall be as follows;
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 recreational marijuana license to cultivate, produce, and sell recreational marijuana and products produced therefrom shall be suspended 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 recreational marijuana license to cultivate, produce, and sell recreational marijuana and products produced therefrom shall be suspended for five (5) years.

§ 5. Recreational Marijuana Product Design, Packaging, and Labeling Requirements

(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 (A9THC) per serving.
3. Shall be delineated or scored into standardized serving sizes if the product contains more than one serving and is in solid form.
4. Shall be homogenized to ensure uniform disbursement of delta-9-tetrahydrocannabinol (A9 THC)' 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 (A9THC) 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 Authorized
Notwithstanding any other provision of law, the following acts regarding marijuana paraphernalia 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 §5-64-505: (a) 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;
1. the marijuana paraphernalia being sold that contains recreational marijuana is designed, packaged, and labeled pursuant to §5 of this amendment, and 2. sellers of such marijuana paraphernalia will be required to have a recreational marijuana license after June 19, 2019.

§7. Employers, Driving, Minors, Other Controlled Substances, and Medical Marijuana Privileges (a) Nothing in this Amendment shall be construed to affect the ability of employers to have policies restricting the use of recreational marijuana by employees. (b) Nothing in this Amendment shall be construed to permit driving under the influence of marijuana. (c) Nothing in this Amendment shall be construed to permit the transfer of recreational marijuana, with or without remuneration, to a minor. (d) Nothing in this Amendment shall be construed to permit a person under the age of eighteen (18) to cultivate, produce, sell, possess, or use recreational marijuana. (e) Nothing in this Amendment shall be construed 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 shall be construed to limit any privileges or rights of a qualifying patient, caregiver, physician, or licensed entity 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(g) 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(g) of this amendment.
§9. The Taxation and Distribution of Proceeds from the Sale of Recreational Marijuana (a) The following taxes shall be imposed upon the purchase of recreational marijuana sold 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. 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.