Why did the Arkansas AG reject the 2018 ballot title for the proposed Hemp and Cannabis constitutional amendment?

Plain-English summary

Robert L. Reed, a private sponsor based in Dennard, submitted a sweeping 2018 constitutional amendment that would have legalized recreational cannabis in Arkansas, divided cannabis into "industrial hemp" (≤0.3% THC) and "marijuana" (>0.3% THC), authorized cultivation of up to 36 plants per licensee, imposed a 5% excise tax on recreational sales, exempted medical marijuana from sales tax, and ordered release and expungement for people serving sentences for marijuana-only state convictions.

AG Leslie Rutledge rejected the popular name and ballot title. Her core problem with the proposal was not its policy but its silence on how the amendment would interact with Arkansas's existing Medical Marijuana Amendment (Amendment 98 of the Arkansas Constitution, the "AMMA"), which voters had approved in 2016. The proposal said cannabis "shall be regulated" under its provisions but did not say whether it would supersede the AMMA's medical-use protections, override the AMMA's restrictions on legislative amendments, or coexist with the AMMA. Without that information, the AG concluded, voters could not understand the choice between keeping current law and adopting the new amendment.

The 2018 cycle saw multiple competing cannabis initiatives in Arkansas. None of the recreational-cannabis amendments qualified for the 2018 ballot. A different recreational marijuana amendment (Issue 4) finally reached Arkansas voters in 2022 and was rejected.

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.

Federal cannabis classification, the Arkansas Medical Marijuana Amendment's implementing rules, and the AG's ballot-title review standards have all evolved since 2018. Anyone working on a current Arkansas cannabis initiative or assessing existing rights under Amendment 98 should consult current law.

Common questions

What is Amendment 98?

Amendment 98 to the Arkansas Constitution, approved by Arkansas voters in 2016, established the Arkansas Medical Marijuana Amendment (the AMMA). It allowed qualifying patients to use medical marijuana under a state-administered program. The AMMA includes restrictions that prevent the General Assembly from freely amending it, which is why a competing constitutional amendment that touches the same subject has to address how the two would interact.

Why is "how does it interact with current law" so important on the ballot title?

The Arkansas Supreme Court has repeatedly said that the voter is making a choice between keeping existing law and replacing it with something new. If the ballot title does not tell the voter what changes, the voter cannot make an informed choice. Bradley v. Hall, 220 Ark. 925, 251 S.W.2d 470 (1952), is the case most directly on this point and the AG quoted it at length.

Did the AG kill recreational cannabis in Arkansas?

No. AG ballot-title rejections only block one particular initiative draft from advancing in one particular cycle. They do not enact or repeal any law and they do not bar future submissions. Arkansas voters separately rejected a different recreational cannabis amendment (Issue 4) on the November 2022 ballot.

What does the proposal mean by "industrial hemp" being separated from "marijuana"?

The proposal would have used a 0.3% Delta-9-THC threshold by dry weight. Below that line, the plant would be "industrial hemp" with one regulatory regime; above it, "marijuana" with another. That 0.3% line tracks the federal 2018 Farm Bill definition. Existing Arkansas industrial hemp regulation and federal hemp law have continued to evolve since this opinion.

Why does the proposal include automatic release and expungement?

Section 9 of the proposed amendment would have ordered the release of anyone serving incarceration, probation, or parole solely for state marijuana offenses, and the expungement of those records. That is a separate constitutional command that would have run alongside the legalization provisions. Since the amendment never qualified, the release-and-expungement language never had legal effect.

Background and statutory framework

The AG's review under Ark. Code Ann. § 7-9-107 is whether the popular name and ballot title accurately and impartially summarize what the measure does. The Arkansas Supreme Court's case law treats the ballot title as the voter's main source of information, since voters typically read only the title before voting. Key principles applied here:

• The voter's role is to choose between existing law and the new proposal; the ballot title must clarify what would change (Bradley v. Hall, 220 Ark. 925, 251 S.W.2d 470 (1952)).
• A ballot title may be rejected if it does not give voters a clear understanding of the "extent and import" of a proposed constitutional change (Dust v. Riviere, 277 Ark. 1, 638 S.W.2d 663 (1982)).
• Where a proposal so deficient that no honest summary can be drafted, the AG may decline to substitute and instead reject the entire submission.

Citations

• Ark. Code Ann. § 7-9-107 (Supp. 2017)
• Ark. Const., amend. 98 (Arkansas Medical Marijuana Amendment, 2016)
• Bradley v. Hall, 220 Ark. 925, 251 S.W.2d 470 (1952)
• Dust v. Riviere, 277 Ark. 1, 638 S.W.2d 663 (1982)
• Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980)
• May v. Daniels, 359 Ark. 100, 194 S.W.3d 771 (2004)
• Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994)
• Op. Att'y Gen. 2012-033 (cited for the AG's discretion to decline a substitute when defects are fundamental)

Source

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

Original opinion text

Opinion No. 2018-051
May 8, 2018
Robert L. Reed
295 Elan Trail
Dennard, AR 72629
Dear Mr. Reed:
STATE OF ARKANSAS
ATTORNEY GENERAL
LESLIE RUTLEDGE
I am writing in response to your request for certification, pursuant to Ark. Code Ann. § 7-9-107 (Supp. 2017), of the popular name and ballot title for a proposed initiated measure. At the outset, I wish to make clear to you that the decision to certify or reject a popular name and ballot title is in no way a reflection of my view of the merits of a particular proposal. I am not authorized to, and do not, consider the merits of the measure when making 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, if practicable, or 3) reject the entire submission if "the ballot title, or 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 or act.2 In this way, voters will have a fair understanding of the issues presented by referenced to the ballot title alone.3 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 (1948). 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. ARKl\NSl\S 72201 TELEPHONE (501) 682-2007 · FAX (501) 682-8084 ARKANSASAG.GOV Robeti L. Reed Opinion No. 2018-051 Page 2 Section 7-9-107 neither requires nor authorizes this office to make legal determinations concerning the merits of the proposed act or amendment, or concerning the likelihood that it will accomplish its stated objective. In addition, consistent with Arkansas Supreme Court precedent, unless the measure is "clearly contrary to law,"4 this office will not require that a measure's proponents acknowledge in the ballot title any possible constitutional infirmities. 5 Consequently, this review has been limited primarily to a determination, pursuant to the guidelines that have been set forth by the Arkansas Supreme Court, discussed below, of whether the popular name and ballot title you have submitted accurately and impartially summarize the provisions of your proposal. My office treats each proposed measure, and any successive proposal from the same sponsor, as a discrete submission that must be evaluated on its own terms according to the standards established for popular names and ballot titles by the Arkansas Supreme Court. Because the Court's scrutiny of voter-initiated acts and amendments is exacting, my office places great importance on the rigorous analysis of every submission. Each response to a request for certification will, if appropriate, identify ambiguities that militate against certifying the proposed ballot title. However, the ambiguities discussed in a given response will not necessarily be all of the ambiguities contained in the proposal. If additional ambiguities become apparent with successive submissions, I consider it my duty under section 7-9-107 to identify those ambiguities regardless of whether previous responses have included them. 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 Hemp and Cannabis Amendment 4 See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326 Ark. 353, 359, 931S.W.2d119, 121 (1996); Plugge v. McCuen, 310 Ark. 654, 841S.W.2d139 (1992). 5 As part of my review, however, I may address constitutional concerns for consideration by the measure's proponents. Robert L. Reed Opinion No. 2018-051 Page 3 Ballot Title An amendment to the Arkansas Constitution concernmg the cannabis plant, providing that the cultivation, production, distribution, sale, possession, and use of the cannabis plant and cannabis-related products produced therefrom for recreational and medical purposes may not be prohibited under state law but shall be regulated under state law; recognizing that such activities remain unlawful under federal law; providing for the release from incarceration, probation, or parole of all persons whose only conviction(s) were of state laws pertaining to the cultivation, production, distribution, sale, and possession of marijuana or possession of marijuana paraphernalia, and the expungement of records relating to such conviction(s); dividing cannabis into industrial hemp (containing 0.3% or less THC) and marijuana (containing more than 0.3% THC); authorizing both medical and recreational use of marijuana; providing that anyone 21 years of age or older may obtain a marijuana license permitting the person to cultivate, produce, distribute, and sell marijuana and products produced therefrom; providing that a licensed person may cultivate up to 36 cannabis plants in a location not subject to public view without optical aid; providing that sales of recreational marijuana will be subject to existing sales taxes and an additional 5% excise tax; providing that the state shall not impose any tax on the sale of medical marijuana to patients; permitting medical use of marijuana by a person of any age whose physician has recommended such use in writing; providing that the manufacture, possession, purchase, sale, and distribution of marijuana paraphernalia is lawful under state law; and providing that the amendment is not intended to (a) require employers to permit activities relating to marijuana in the workplace, (b) permit driving under the influence of marijuana, ( c) permit the transfer of recreational marijuana to anyone under 21. GUIDELINES The popular name is primarily a useful legislative device. 6 It need not contain detailed information or include exceptions that might be required of a ballot title, but it must not be misleading or give partisan coloring to the merit of the 6 Paffordv. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950). Robe11 L. Reed Opinion No. 2018-051 Page 4 proposal. 7 The popular name is to be considered together with the ballot title in determining the ballot title's sufficiency.8 The ballot title must include an impartial summary of the proposed amendment or act that will give the voter a fair understanding of the issues presented.9 According to the Court, a ballot title will not be legally sufficient unless it "adequately inform[ s ]" the voters of the contents of a proposed amendment or act so that they can make a "reasoned decision in the voting booth."10 A ballot title's failure to "honestly and accurately reflect what is contained in the proposed [act or] Amendment" may lead the Court to conclude that the "omission is significant." 11 The Court has also disagproved the use of terms that are "technical and not readily understood by voters." 2 Without a definition of such terms in the ballot title, the title may be deemed insufficient.13 Additionally, if information omitted from the ballot title is an "essential fact which would give the voter serious ground for reflection, it must be disclosed."14 At the same time, however, a ballot title must be brief and concise; 15 otherwise voters could run afoul of Ark. Code Ann. § 7-5-309's five-minute limit in voting booths when other voters are waiting in line. 16 The ballot title is not required to be perfect, nor is it reasonable to expect the title to cover or anticipate every possible 7 See, e.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229 Ark. 411, 316 S. W.2d 207 (1958). For a better understanding of the term "partisan coloring," see note 18 infra. 8 Mayv. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004). 9 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 ( 1980) (internal citations omitted). 10 Lang v. Martin, 2016 Ark. 337, 500 S.W.3d 154, at n. 2. 11 Id. at 9, 500 S.W.3d at 159. 12 Wilson v. Martin, 2016 Ark. 334, 9, 500 S.W.3d 160, 167. 13 Id., 500 S.W.3d at 167. 14 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994). 15 See Ark. Code Ann.§ 7-9-107(b). 16 Bailey, 318 Ark. at 284, 884 S.W.2d at 944. Robe1i L. Reed Opinion No. 2018-051 Page 5 legal argument the proposed measure might evoke.17 The title, however, must be "free of any misleading tendency whether by amplification, omission, or fallacy, and it must not be tinged with partisan coloring."1 The ballot title must be honest and impartial, 19 and it must convey an intelligible idea of the scope and significance of a proposed change in the law.20 Furthermore, the Court has confirmed that a ballot title cannot be approved if the text of the proposed measure itself contributes to confusion and disconnect between the language in the popular name and the ballot title and the language in the measure.21 The Court concluded that "internal inconsistencies would inevitably lead to confusion in drafting a popular name and ballot title and to confusion in the ballot title itself."22 Where the effects of a proposed measure on current law are unclear or ambiguous, it is impossible for me to perform my statutory duty to the satisfaction of the Arkansas Supreme Court without ( 1) clarification or removal of the ambiguities in the proposal itself, and (2) conformance of the popular name and ballot title to the newly worded proposal. RESPONSE My statutory duty is to certify, substitute and certify, or reject the entire proposal submitted. Having analyzed your proposed constitutional amendment, as well as your proposed popular name and ballot title in line with the guidelines discussed above, I conclude that the entire submission must be rejected. 17 Id. at 293, 884 S.W.2d at 946-47. 18 Id. at 284, 884 S.W.2d at 942. Language "tinged with partisan coloring" has been identified by the Arkansas Supreme Comi as language that "creates a fatally misleading tendency" (Crochet v. Priest, 326 Ark. 338, 347, 931 S.W.2d 128, 133 (1996)) or that "gives the voter only the impression that the proponents of the proposed amendment wish to convey of the activity represented by the words." Christian Civic Action Committee v. McCuen, 318 Ark. 241, 249, 884 S.W.2d 605, 610 (1994). 19 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990). 2° Christian Civic Action Committee, note 18 supra, 318 Ark. at 245, 884 S.W.2d at 607 (internal quotations omitted). 21 Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000). 22 Id. Robert L. Reed Opinion No. 2018-051 Page 6 DISCUSSION The ballot title must both accurately summarize the proposed measure's text and sufficiently inform the voters about the changes in current law they are being asked to approve. I must draw your attention to the latter requirement. Your proposal relates in some respects to matters that are addressed in Amendment 98 to the Arkansas Constitution, the Arkansas Medical Marijuana Amendment of 2016 ("AMMA").23 However, your ballot title provides no information about how the proposed constitutional amendment relates to the AMMA. The Arkansas Supreme Court has elaborated on the duty to describe the changes in law a proposal is to make: It is evident that before determining the sufficiency of the present ballot title we must first ascertain what changes in the law would be brought about by the adoption of the proposed amendment. For the elector, in voting upon a constitutional amendment, is simply making a choice between retention of the existing law and the substitution of something new. It is the function of the ballot title to provide information concerning the choice that he is called upon to make. Hence the adequacy of the title is directly related to the degree to which it enlightens the voter with reference to the changes that he is given the opportunity of approving. 24 Without information regarding the extent to which your proposal would change current law, it will be impossible for a voter to make an informed "choice between retention of the existing law and the substitution of something new."25 The Court has held that "a ballot title is not insufficient merely because it fails to reflect the current state of the law."26 But a ballot title will be deemed insufficient if it does not give the voters a clear understanding of the "extent and import" of the proposal, particularly when they are being asked to amend the constitution: 23 Ark. Const. amend. 98 (Supp. 2017). 24 Bradley v. Hall, 220 Ark. 925, 927, 251 S.W.2d 470, 471 (1952). 2s Id. 26 May, 359 Ark. at 116, 194 S.W.2d at 783. Robert L. Reed Opinion No. 2018-051 Page 7 If the voter knows the extent and import of such a proposal, it is the voter's decision, not ours, as to the wisdom of the proposal. But at the same time the voters have placed on this court the duty and responsibility to see that when they vote that change, or decline to vote that change, especially one to alter their constitution, they are allowed to make an intelligent choice, fully aware of the consequences of their vote. 27 In my opinion, your ballot title fails to adequately convey the proposed change(s) in law so that the voters will have a fair understanding of the issue(s). It fails to give the voters any understanding of how the proposed constitutional amendment relates to the current AMMA that addresses the medical use of marijuana. The consequences of approval of your proposed constitutional amendment would doubtless be of serious concern to voters weighing the merits of your measure. Accordingly, a more complete effort to summarize and explain to voters how the proposal would change current law in this respect must be undertaken. Without such, the ballot title is deficient. The precise manner in which you acknowledge your proposal's effects on existing law is a matter for you to determine and submit to this office in draft form. While I can modify a proposed ballot title to render it a more accurate summary of the measure, I am not authorized to craft a ballot title that amounts to an independent product. Where a proposed ballot title does not comply with the rules governing the initiative process, including the requirement to summarize the proposal and its effects in a fair, accurate, and complete manner, and the ballot title is therefore significantly misleading, this office may decline to prepare a substitute.28 I am unable, in light of these deficiencies, to proceed further with a substantive review of your submission. In normal course, this office attempts to point out ambiguities contained in a proposal for which a ballot title is rejected because of such ambiguities. But in this case, I have rejected your submission because of a fundamental shortcoming in the ballot title. Any preparation of a list of ambiguities would go beyond the appropriate examination and certification process under Ark. Code Ann. § 7-9-107, and would be tantamount to acting as the proposer's drafter. 27 Dust v. Riviere, 277 Ark. 1, 4, 638 S.W.2d 663, 665 (1982). 28 See Op. Att'y Gen. 2012-033 (and opinions cited therein). Robert L. Reed Opinion No. 2018-051 Page 8 I will therefore simply note that the extent to which your proposed amendment will alter the AMMA is unclear. Section 2 of the measure states that "the cultivation, production, distribution, sale, possession, and use of the cannabis plant
. . . shall be regulated pursuant to the provisions of this amendment. ... " It is unclear how this regulatory authority relates to or affects the "medical use" of marijuana that is protected under the AMMA.29 The AMMA limits, and in certain respects prevents, amendments by the General Assembly.30 It is unclear how your proposed amendment would affect those limitations and prohibitions. CONCLUSION In considering whether to submit a revised proposal, you should be aware that we may call attention to a proposal's ambiguities on any review, even though they may have been embodied or inherent in an earlier version of the proposal. 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 ballot title, popular name, and proposed measure. Sincerely,
~;;>- /.. /.#1--j?
LESLIE RUTLEDGE
Attorney General
Enclosure
29 See AMMA at § 2(11) (defining "medical use") and § 3 (creating various protections for qualifying patients and designated caregivers in connection with the medical use of marijuana). 30 See id. at§ 23. Popular Name The Arkansas Hemp And Cannabis Amendment Ballot Title An amendment to the Arkansas Constitution concerning the cannabis plant, providing that the cultivation, production, distribution, sale, possession, and use of the cannabis plant and cannabis-related products produced therefrom for recreational and medical purposes may not be prohibited under state law but shall be regulated under state law; recognizing that such activities remain unlawful under federal law; providing for the release from incarceration, probation, or parole of all persons whose only conviction(s) were of state laws pertaining to the cultivation, production, distribution, sale, and possession of marijuana or possession of marijuana paraphernalia, and the expungement ofrecords relating to such conviction(s); dividing cannabis into industrial hemp (containing 0.3% or less THC) and marijuana (containing more than 0.3% THC); authorizing both medical and recreational use of marijuana; providing that anyone 21 years of age or older may obtain a marijuana license permitting the person to cultivate, produce, distribute, and sell marijuana and products produced therefrom; providing that a licensed person may cultivate up to 36 cannabis plants in a location not subject to public view without optical aid; providing that sales of recreational marijuana will be subject to existing sales taxes and an additional 5% excise tax; providing that the state shall not impose any tax on the sale of medical marijuana to patients; permitting medical use of marijuana by a person of any age whose physician has recommended such use in writing; providing that the manufacture, possession, purchase, sale, and distribution of marijuana paraphernalia is lawful under state law; and providing that the amendment is not intended to (a) require employers to permit activities relating to marijuana in the workplace, (b) permit driving under the influence of marijuana, (c) permit the transfer of recreational marijuana to anyone under 21. Section 1. This is an amendment to the Arkansas Constitution that shall be called "The Arkansas Hemp And Cannabis Amendment." Section 2. Effective January 01, 2019 the cultivation, production, distribution, sale, possession, and use of the cannabis plant (genus Cannabis) and products produced from the cannabis plant (genus Cannabis) shall be regulated pursuant to the provisions of this amendment, and made lawful under Arkansas law. Section 3. Definitions: The following terms are defined for the purposes of this amendment: (a) "Industrial hemp" means any part of the cannabis plant (genus Cannabis), living or not, containing three tenths of one percent (0.3%) or less, by dry weight, Delta-9-tetrahydrocannabinol (Delta-9-THC). (b) "Marijuana" means any part of the cannabis plant (genus Cannabis), living or not, containing greater than three tenths of one percent (0.3%), by dry weight, Delta-9-tetrahydrocannabinol (Delta-9- THC). ( c) "Marijuana license" means a registration card issued by the state to any person twenty-one (21) years of age or older to lawfully cultivate, produce, distribute, and sell marijuana and products produced containing marijuana for recreational and medical purposes. Each license shall display a license account number, an expiration date, and the photo, name, date of birth, and current address of the holder. (d) "Marijuana paraphernalia" means any lawful 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 medical or recreational marijuana, or for ingesting, inhaling or otherwise introducing medical or recreational marijuana into the human body. (e) "Marijuana plant tag" means a label issued by the state that the cultivator attaches to the base or branch of a growing marijuana plant, and is used for tracking the plants origin from cultivation to sale. Such a label may be bar-coded 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 cultivators marijuana license. (t) 11 Medical marijuana 11 means marijuana and products produced containing marijuana that is used for the treatment of any disease, illness, or injury. (g) 11 Physician 11 means a doctor of medicine or doctor of osteopathic medicine who holds a valid, unrestricted, and existing license to practice in the state of Arkansas and has been issued a registration from the United States Drug Enforcement Administration to prescribe controlled substances. (h) 11 Products produced" means any lawful items and substances manufactured from the cannabis plant (genus Cannabis) that may contain Delta-9-tetrahydrocannabinol (Delta-9-THC), whereas marijuana products contain greater than three tenths of one percent (0.3%) Delta-9-tetrahydrocannabinol (Delta-9- THC) and industrial hemp products contain three tenths of one percent (0.3%) or less Delta-9-THC. Any item whose components may contain a variation in Delta-9-THC content that would span above the three tenths of one percent (0.3%) threshold is to be considered marijuana. (i) "Recreational marijuana 11 means marijuana and products produced containing marijuana that is used as an intoxicant. U) "Written recommendation" means a document provided to a patient by a physician, authorizing the patient's use of medical marijuana. The document shall contain the patient's name, the physician's name, type of marijuana product to be used, dosage, a list of dates in which orders may be filled to supply the patient's monthly or weekly need, and an expiration date, and a name of an adult ( 18 years of age or older) who may procure the monthly or weekly order for the patient if needed. Section 4. The regulation of industrial hemp. The cultivation, production, distribution, sale, possession, and use of industrial hemp and products produced containing industrial hemp shall be made lawful under Arkansas law, and shall be regulated by the state. Section 5. The regulation of marijuana. The cultivation, production, distribution, sale, possession and use of marijuana and products produced containing marijuana for recreational and medical purposes shall be made lawful under Arkansas law, and shall be regulated by the state, and such regulations are subject to the following conditions: (a) The cost of a marijuana license that shall be issued and required by the state to authorize any person twenty-one (21) years of age or older to cultivate, produce, distribute, and sell marijuana and products produced containing marijuana for recreational and medical purposes shall not exceed thirty dollars ($30.00) per license per year, and any person twenty-one (21) years of age or older shall qualify to obtain such a license, and there shall be no limit to the number of licenses issued in this state. (b) The cost of a marijuana plant tag that shall be issued and required by the state to regulate the cultivation of marijuana plants produced in this state, shall not exceed six dollars ($6.00) per tag, and any person with a marijuana license as defined in Section 3(c) shall qualify to obtain such tags, and there shall be a limit of thirty-six (36) tags allowed per year per licensed person. Each tag shall display the marijuana license account number and an expiration date that corresponds with the cultivators marijuana license. Marijuana plant tags may be ·purchased in any quantity, but not to exceed thirty-six (36) tags per licensed person per year. (c) The quantity of plants cultivated and displaying a state issued marijuana plant tag shall be limited to thirty-six. (3 6) growing plants per person with a marijuana license, but the quantity of the products produced shall not be limited. (d) Any person issued a marijuana license and plant tag(s) may cultivate marijuana in a location where the plant(s) is (are) not subject to public view without the use of binoculars, aircraft, or other optical aids on property lawfully in possession of the person with the marijuana license or with the consent of the person(s) lawfully in possession of the property. ( e) In addition to the regular sales tax imposed upon the sale of recreational marijuana the state shall also impose an excise tax of five percent (5%). (f) The state shall not impose any tax upon the sale of medical marijuana to patients. (g) Nothing in this section precludes the imposition of additional rules and regulations that the state may adopt and impose. Section 6. Medical marijuana authorized. Notwithstanding any other provision of law, the following acts regarding the use of medical marijuana shall not be an offense under Arkansas law, or be a basis for seizure or forfeiture of assets under Arkansas law: (a) Any physician as defined in section 3(g) may authorize the use of medical marijuana by written recommendation to a patient for the purpose of treating an illness, injury, or disease. (b) Any parent or guardian may provide medical marijuana to their minor child providing that they have a written recommendation authorizing the child's use. ( c) Any person eighteen ( 18) years of age or older may purchase medical marijuana providing that they have a written recommendation authorizing the use. This shall also include an adult (18 years of age or older) designated by the written recommendation to purchase on behalf of a patient. ( d) Nothing in this section precludes the imposition of additional rules and regulations that the state may adopt and impose. Section 7. 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 under Arkansas law: (a) Any person twenty-one (21) years of age or older may manufacture. possess, or purchase marijuana paraphernalia, or to distribute or sell marijuana paraphernalia to a person who is twenty-one (21 )years of age or older, providing that marijuana paraphernalia being sold or distributed is new and unused and does not contain marijuana, unless the seller of such paraphernalia has a marijuana license to sell and distribute marijuana. (b) Any person with a marijuana license may use marijuana paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, containing, or for concealing marijuana, or for ingesting, inhaling or otherwise introducing marijuana into the human body. ( c) Any person twenty-one (21) years of age or older may use marijuana paraphernalia for the purpose of containing, or concealing recreational marijuana, or for ingesting, inhaling, or otherwise introducing recreational marijuana into th e human body. (d) Any person with a written recommendation in their name may use marijuana paraphernalia for tne purpose of containing, or concealing medical marijuana, or for ingesting, inhaling, or otherwise introducing medical marijuana into the human body. (e) Nothing in this section permits a person to use marijuana paraphernalia in conjunction with an illegal substance or item that is prohibited by the state. Section 8. Employers, driving, and minors. (a) Nothing in this amendment is intended to require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growing of marijuana in the workplace or to affect the ability of employers to have policies restricting the use of recreational or medical marijuana by employees. (b) Nothing in this amendment is intended to allow driving under the influence of marijuana. ( c) Nothing in this amendment is intended to permit the transfer of recreational marijuana, with or without remuneration, to a person under the age of twenty-one (21 ). (d) Nothing in this amendment is intended to permit a person under the age of twenty-one (21) to cultivate, produce, sell, possess, or use recreational marijuana. Section 9. Non-violent marijuana offenders and criminal record expungement. All persons who are serving incarceration, probation, or parole in this state whose only conviction(s) were due to violating state laws as they pertain to the cultivation, production, distribution, sale, and possession of marijuana and or possession of marijuana paraphernalia, and whose violation(s) occurred prior to the effective date of this amendment shall be released, and all criminal records in this state shall be expunged of such convictions that occurred prior to the effective date of this amendment. Section 10. Conflicting Laws. The provisions of this amendment are independent and severable, and, except where otherwise indicated in the text, shall supersede conflicting statutes, local charter, ordinance, or resolution, and other state and local provisions. If any provision of this amendment, or the application thereof to any person or circumstance, is found to be invalid or unconstitutional, the remainder of this amendment shall not be affected and shall be given effect to the fullest extent possible.