Why did the Arkansas AG reject the 2018 recreational marijuana ballot title for the True Grass committee?

Plain-English summary

Mary Berry, sponsor of the Arkansas True Grass Ballot Question Committee, submitted a popular name and ballot title for "The Arkansas Recreational Marijuana Amendment of 2018" for AG certification under § 7-9-107. The proposed amendment would have legalized recreational cultivation, production, distribution, sale, transport, possession, and use of cannabis for adults 18 and older, with a 5% excise tax and a 2% local sales tax, plus expungement and release for prior marijuana convictions. The proposal also included sections on packaging, paraphernalia, employer policies, driving, and minors.

The AG rejected the entire submission. The decision did not turn on the merits of recreational marijuana policy. The AG had previously rejected the same committee's submission in Op. Att'y Gen. 2017-127, citing fundamental drafting problems in the regulatory scheme. The committee resubmitted hours later with large sections of the prior text deleted but without otherwise addressing the underlying problems. The AG concluded that simply removing previously identified problematic language did not fix the deficiencies, and that the convoluted decriminalization scheme could not be summarized fairly in a ballot title given the history of submissions and responses.

The AG also reiterated the procedural ground rules: the AG can certify, substitute and certify, or reject; but cannot generate a ballot title from scratch, and cannot redraft a measure for the sponsor. Drafting and accurately summarizing the text are the sponsor's responsibilities. Section 25-16-701 prohibits the AG from engaging in the private practice of law, which forecloses any do-it-for-them approach.

Currency note

This opinion was issued in 2018. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

How AG ballot-title review works under § 7-9-107

The AG's role under § 7-9-107 is narrow but important. Three options are available on review of a submitted popular name and ballot title:

1. Certify the submission as is.
2. Substitute language and certify a more suitable version, when practicable.
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 standards the AG applies are court-made, derived primarily from Becker v. Riviere, Bailey v. McCuen, and the Lange/Wilson line. A ballot title must give voters an "intelligible idea of the scope and import of the proposal" so they can make a "reasoned decision in the voting booth." Internal inconsistencies in the underlying measure can render a ballot title impossible to write fairly (Roberts v. Priest). Technical or undefined terms can render a ballot title insufficient.

The AG's substitution power is meaningful but limited. Substitution works when the proposed title is in the right neighborhood but needs polishing or expansion. Substitution does not work when the underlying measure is so internally inconsistent or ambiguous that no fair summary is possible. In that situation, the only available action is rejection.

Why this specific submission failed

The opinion is brief on specific drafting problems because the AG had laid them out in detail in the prior 2017-127 opinion (the True Grass committee's earlier attempt) and in earlier responses. The AG noted "many dozens of responses" over the history of the back-and-forth. The summary criticism: the regulatory scheme was too convoluted to be summarized in an intelligent, impartial, and honest manner.

The committee's response between 2017-127 and this submission was to delete large sections of text. The AG explained that subtraction was not the answer. The deletion approach left a measure with structural ambiguities, undefined terms, and internal inconsistencies that the AG could not fix by writing a substitute ballot title. The complexity of the underlying decriminalization scheme (legalization, taxation, expungement, criminal release, employer-policy carve-outs, paraphernalia rules, packaging requirements) meant that any ballot title attempting to summarize the measure had to either (a) become so long it would risk the five-minute booth limit under § 7-5-309 or (b) become so abstract that voters could not understand what they were approving.

Common questions

What happens to the proponents now?
The committee can redraft the underlying measure to fix the structural problems and resubmit. Each submission generates a new opinion. Many initiated-amendment campaigns go through multiple rounds before getting a certified ballot title.

Did this affect 2018 marijuana initiatives in general?
True Grass's recreational marijuana amendment did not reach the 2018 ballot. Arkansas had separately approved medical marijuana in 2016 (Amendment 98), but recreational legalization was not on the 2018 ballot. The Arkansas True Grass Ballot Question Committee continued working on cannabis-related ballot measures in subsequent cycles.

Can the AG just write the ballot title to fix it?
Section 7-9-107 lets the AG substitute language. But the AG cited the rule from Op. Att'y Gen. 2017-032 and § 25-16-701 (no private practice of law) for the principle that the AG will not draft a ballot title from scratch when the underlying measure is broken. That would amount to writing the measure for the sponsor.

Why is this measure in the AR AG opinions corpus?
Initiated-amendment ballot title submissions are formally certified or rejected by official AG opinion under § 7-9-107. Each one generates a numbered opinion. Most are routine. The cannabis, casino, and redistricting submissions of 2017-2018 generated significant volume because each campaign cycled through multiple drafts.

Was the rejection appealable?
Not in the usual judicial sense. The remedy is to redraft and resubmit. A sponsor who disagrees with an AG rejection can ultimately get a measure on the ballot only by submitting a draft the AG certifies (or substitutes and certifies). The Arkansas Supreme Court can review certified ballot titles in challenge actions, but it does not act as an appellate forum for AG rejections.

Background and statutory framework

Section 7-9-107 codifies the Arkansas process for popular-name and ballot-title certification of initiated constitutional amendments and acts. The statute predates the modern initiative-petition era and has been refined by AG and Arkansas Supreme Court practice. The two main sources of judicial scrutiny are Becker v. Riviere (impartial summary, fair understanding) and Bailey v. McCuen (no misleading tendency, "essential fact" disclosure rule). Lange v. Martin and Wilson v. Martin (both 2016) reinforced that ballot titles must "adequately inform" voters and avoid technical terms that lack general currency.

Op. Att'y Gen. 2017-127 was the True Grass committee's prior submission in this initiative cycle. The two opinions read together show the back-and-forth the AG referenced.

Citations

• Ark. Code Ann. § 7-9-107 (popular name and ballot title certification)
• Ark. Code Ann. § 25-16-701 (AG private-practice prohibition)
• Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 677 S.W.2d 846 (1984) (purpose of AG review)
• Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980) (fair understanding standard)
• Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994) (no misleading tendency, essential fact rule)
• Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154 (adequately inform voters)
• Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000) (internal inconsistencies bar fair summary)
• Op. Att'y Gen. 2017-127 (prior submission rejection)
• Op. Att'y Gen. 2017-032 (AG substitution limits)

Source

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

Original opinion text

Opinion - 2017-135
January 2, 2018
Ms. Mary L. Berry, Sponsor
STATE OF ARKANSAS
ATTORNEY GENERAL
LES LIE RUT LEDGE
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.
Arkansas Code Annotated 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
When 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. SUITE 200 · LITTLE ROCK. ARKANSAS 72201
TELEPHONE (501) 682-2007 · FAX (501) 682-8084
ARKANSASAG.GOV Ms. Mary L. Berry, Sponsor
Ark. True Grass BQC
Opinion No. 2017-135
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
for the sponsor, in order to then summarize its text in a suitable ballot title.5
Crafting and accurately summarizing the text are the sponsor's responsibilities
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 concerning the
cannabis plant, and in connection therewith, 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 not be offense [sic] under
Arkansas law; recognizing that such activities remain prohibited
4 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994) (internal quotation omitted).
The Arkansas Supreme Court 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.
5 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). Ms. Mary L. Berry, Sponsor
Ark. True Grass BQC
Opinion No. 2017-135
Page 3
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 Uniform 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 cultivate marijuana plants 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 by adults 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
[sic] 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 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) 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; [sic] Ms. Mary L. Berry, Sponsor
Ark. True Grass BQC
Opinion No. 2017-135
Page4
RESPONSE
My statutory duty is to certify, substitute and certify, or reject the entire proposal.
But your submission has a threshold shortcoming that precludes detailed review
under section 7-9-107(c).
In response to your most recent submission, I stated that the proposed measure's
text contained a regulatory scheme that is too convoluted to be summarized in an
intelligent, impartial, and honest manner. This response was published on
December 14, 2017, in Opinion 2017-127. A few hours later, you sent the current
proposal for my review. The primary difference between the current submission
and the submission rejected in Opinion 2017-127 is that large sections of the text
of the earlier measure have been deleted.
Because of the import and complexity of the decriminalization scheme you
propose, it is insufficient under section 7-9-107(c) simply to get rid of language
previously identified as problematic. Doing so will result (and did result here) in a
submission that fails to address the fundamental shortcomings that have been
discussed over many dozens of responses from my office. Given the history of
submissions, responses, and re-submissions between you and my office, it is
impossible to fairly summarize in a ballot title the recreational-marijuana
amendment that you have proposed.
CONCLUSION
My office is not charged with any role in drafting initiated amendments or acts.
Nor can I advise individual sponsors, who must vet their proposed measures,
popular names, and ballot titles to ensure they meet the criteria established by
section 7-9-107 and the Arkansas Supreme Court. Your submission falls short of
these criteria. I must therefore reject your entire ballot title, popular name, and
proposed measure.
Sincerely,
~-;:;>- L. //?1"fa
LESLIE RUTLEDGE
Attorney General
Enclosure 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 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 NOT BE OFFENSE
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($) 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 CULTIVATE MARIJUANA PLANTS 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 BY ADULTS 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
MARUUANAPRODUCTSTHATCANBESOLDPERDAYTOBUYERSPRESENTINGANOUTOFSTATE
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; 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;
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) "Driving under the influence of marijuana" means operating a motorized vehicle on any public road,
highway, or street when the Delta-9-tetrahydrocannabinol (Li9THC) 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 (Li9THC), 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
   (Li9THC) 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) "Recreational marijuana excise tax" means a tax that is imposed upon the purchase of recreational
   marijuana.
   (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 there from", "use recreational marijuana", or
   "consume recreational marijuana" means to ingest, inhale, or otherwise introduce recreational marijuana
   into the human body. §4. Recreational Marijuana Activities
   Notwithstanding any other provision of law, the following activities regarding recreational marijuana shall not be
   an offense under Arkansas law, or be a basis for seizure or forfeiture of assets pursuant to The Uniform
   Controlled Substances Act:
   (a) On and after the effective date of this amendment any adult or business entity may cultivate recreational
   marijuana, and produce products therefrom provided that:
7. 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.
8. The act of using flammable solvents to extract delta-9-tetrahydrocannabinol (Ll9THC) from the
   marijuana plant shall be prohibited in residential areas.
   (b) On and after the effective date of this Amendment any adult or business entity may distribute, purchase,
   and sell recreational marijuana and products produced therefrom provided that:
9. 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
10. All products produced from recreational marijuana being sold is designed and packaged pursuant to §5
    of this amendment.
11. 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 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.
    (c) On and after the effective date of this Amendment any adult or business entity may transport recreational
    marijuana and products produced therefrom provided that;
12. Recreational marijuana and products produced therefrom must not be subject to public view during
    transport.
    (d) 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;
13. The owner(s) of the property does not prohibit such use.
    § 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;
14. Shall not be designed to be appealing to children or easily confused with commercially sold candy or
    foods that do not contain marijuana.
15. Shall be produced and sold with a standardized dosage not to exceed ten (10) milligrams of
    delta-9-tetrahydrocannabinol (A9THC) per serving.
16. Shall be delineated or scored into standardized serving sizes if the product contains more than one
    serving and is in solid form.
17. Shall be homogenized to ensure uniform disbursement of delta-9-tetrahydrocannabinol (A9THC)
    throughout the product.
18. 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 (~9THC) 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;
19. the marijuana paraphernalia being sold that contains recreational marijuana is designed, packaged,
    and labeled pursuant to §5 of this amendment.
    §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:
20. The Arkansas State Sales and Use Tax,
21. a five percent (5%) recreational marijuana excise tax, and
22. 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.