Why did the Arkansas Attorney General reject the 2018 'Arkansas Cannabis Hemp and Recreational Marijuana Amendment' ballot title?

Plain-English summary

Kenneth Woodmansee submitted a proposed Arkansas Cannabis Hemp and Recreational Marijuana Amendment for popular-name and ballot-title certification. Its proposed title described state-law permission and regulation of cannabis hemp and recreational marijuana, expungement of certain marijuana convictions, and release of certain people serving sentences. The Attorney General rejected the popular name, ballot title, and proposed measure because it was the same measure she had rejected in Opinion 2017-006, with ambiguities and misleading language left unresolved.

The AG said that, given the "import and complexity of the decriminalization scheme," resubmitting language previously identified as problematic was insufficient under Ark. Code Ann. § 7-9-107(c). She found it impossible to summarize this measure fairly in a ballot title. The decision concerns whether voters could understand the proposed amendment, not whether marijuana policy should change. The opinion states that certification or rejection "is in no way a reflection of my view of the merits."

The opinion also explains the difference between two actions by the AG. Section 7-9-107 permits the AG to "substitute and certify" a more suitable ballot title when practicable. The AG said it neither contemplates nor requires her to compose an entirely new title for a wholly deficient submission or to "modify or rewrite the proposed measure itself" so it can be summarized. Footnote 23 cites Op. Att'y Gen. 2017-032 and Ark. Code Ann. § 25-16-701, which prohibits the AG from engaging in the private practice of law. The sponsor, the AG said, must craft the measure and an accurate title before submission.

Currency note

Issued September 24, 2018. The opinion addresses certification of this submitted measure under the standards then applied. It does not establish current cannabis law or determine a future submission's sufficiency.

Why the repeated text mattered

The AG's review under § 7-9-107 can lead to certification, substitution and certification, or rejection. A ballot title must convey the scope and significance of a proposal so voters can make a reasoned decision. The opinion cites Roberts v. Priest for the problem of ambiguity within a proposed measure: internal inconsistencies can produce confusion in both the popular name and the ballot title. Clarification of the measure and a conforming title are needed before certification is possible.

Woodmansee submitted the same measure rejected in Opinion 2017-006. The AG said that earlier opinion and subsequent opinions had already identified ambiguous and misleading language, including some identical or similar language. The 2018 opinion does not redo the earlier issue-by-issue analysis. Instead, it says the proposal still failed to address fundamental shortcomings and that "any ballot title for this measure" would be misleading because the scheme could not be summarized in an intelligent, impartial, and honest manner.

The PDF includes the current proposed amendment after the opinion. Although the AG says she attached Opinion 2017-006 for the sponsor's convenience, that earlier opinion is not part of this PDF's extracted pages. The reference to it explains the 2018 rejection; it does not add an independent finding about a new draft.

Common questions

Did the AG say she had no power to improve a ballot title?

No. She expressly recognized authority to substitute and certify a more suitable title. She distinguished that task from writing an entirely new title for a wholly deficient submission or rewriting the measure itself. The opinion assigns drafting and accurate summarization of the measure to its sponsor.

Why did the same language fail again?

The AG said the earlier opinion had flagged ambiguities and misleading language, and resubmitting the same text did not address those shortcomings. In her view, the scheme still could not be fairly summarized for voters.

Did the AG rule on whether cannabis hemp or recreational marijuana should be legal?

No. She stated that her certification decision did not reflect her view of the proposal's merits. She rejected it under the ballot-title standards.

Would a future rewritten measure also fail?

The opinion decides this submitted measure. It says ambiguities in a proposal must be clarified and the popular name and ballot title made to conform to the revised text. It does not decide whether a future version could meet those requirements.

Citations

Ark. Code Ann. §§ 7-9-107, 25-16-701; Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000); Ops. Att'y Gen. 2017-006, 2017-032.

Source

• Official opinion search: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

STAT E OF ARKAN SAS
ATTOR N EY GE N ERAL
LES LI E RU T LEDGE

Opinion No. 2018-110

September 24, 2018

Kenneth Woodmansee, Sponsor
9240 #B Chicot Heights Road
Mabel vale, AR 72103

Dear Mr. Woodmansee:

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 I 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 1 would be misleading" to voters . The purpose of my review under section 7-9-107 is to ensure that the popular name and ballot title honestly, intelligibly, and fairly 2 set forth the purpose of the proposed amendment or act. In this way, voters will have a fair understanding of the issues presented by reference 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 ( 1984). 3 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555 , 558 (1980) (internal citations omitted).

323 CEN TER ST REE T . SU IT E 200 · LI TTLE RO C K. ARKAN SAS 722 01 TELEPH O NE (5 01) 682-200 7 · FAX (5 01 ) 682-8084 ARKAN SASAG. GOV

Kenneth Woodmansee, Sponsor
Opinion No. 2018-110
Page 2

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

Arkansas Cannabis Hemp and Recreational Marijuana Amendment

Ballot Title

An Amendment to the Arkansas Constitution concernmg the cannabis plant, providing that the cultivation, production, distribution, sale, possession, and use of recreational marijuana and cannabis hemp and products produced therefrom 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 current and only conviction(s) in which they are serving 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 in to [sic] cannabis hemp (containing 0.3% or less THC) and marijuana (containing more than 0.3% THC); regulating the cultivation, production, distribution and the sale of cannabis hemp and products produced therefrom; providing that anyone 18 years of age or older may obtain a cannabis hemp license permitting the person to cultivate cannabis hemp; authorizing recreational use of marijuana; providing that anyone 21 years of age or older may obtain a marijuana license permitting the person to cultivate, produce, and sell marijuana and products produced therefrom for recreational purposes; providing that a licensed person may cultivate up to 36 cannabis plans 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% recreational marijuana excise tax and a local sales tax not to exceed 2%; permitting any retail store that is 1500 feet away or more from a public or private school, church, or daycare may sell recreational marijuana to any person 21 years of age or older; providing that the recreational marijuana being sold in the form of

Kenneth Woodmansee, Sponsor
Opinion No. 2018-110
Page 3

edibles or drinkables (a)is [sic] not designed to appeal to children;
(b) shall not exceed 10 milligrams of THC per serving, and (c) labeling or packaging must provide product information to prevent overdosing; providing that the manufacture, possession, purchase, sale, and distribution of marijuana paraphernalia is lawful under State law; and providing that the Amendment (a) is not intended to require employers to permit activities relating to recreational marijuana in the workplace, (b) is not intended to permit driving under the influence of marijuana, (c) is not intended to permit the transfer of recreational marijuana to anyone under 21 years of age, (d) nor permit anyone under 21 years of age to cultivate, produce, sell, possess, or use recreational marijuana.

GUIDELINES

The popular name is primarily a useful legislative device. 4 It need not contain detailed information or include exceptions that might be required of a ballot title, but it must not be misleading or give partisan coloring to the merit of the proposal. 5 The popular name is to be considered together with the ballot title in determining the ballot title's sufficiency. 6

"It has long been regarded as axiomatic that the majority of voters, when called upon to vote for or against a proposed measure, will derive their information about its contents from an inspection of the ballot title immediately before exercising the right of suffrage."7 Accordingly, 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. 8 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

4
Pafford v. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950).
5
See, e.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229 Ark. 411, 316 S. W.2d 207 (1958). For a better understanding of the term "partisan coloring," see infra n.18. 6 Mayv. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004).
7
Wilson v. Martin, 2016 Ark. 334, *7, 500 S.W.3d 160, 166 (citing Christian Civic Action Comm. v. McCuen, 318 Ark. 241, 884 S.W.2d 605 (1994)). 8 Becker, 270 Ark. at 226, 604 S.W.2d at 558 (internal citations omitted).

Kenneth Woodmansee, Sponsor
Opinion No. 2018-110
Page 4

voting booth." 9 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." 10 The Court has also disapproved the use of terms that are "technical and not readily understood by voters." 11 Without a definition of such terms in the ballot title, the title may be deemed insufficient. 12

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." 13 At the same time, however, a ballot title must be brief and concise; 14 otherwise voters could run afoul of the statutory five-minute limit in voting booths 15 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 legal argument the proposed measure might evoke. 17 Yet the title must be "free of any misleading tendency whether by amplification, omission, or fallacy, and it must not be tinged with partisan coloring." 18 The ballot title must be honest and impartial, 19 and it

9
Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154, at n. 2.
10
Id. at 9, 500 S. W.3d at 159.
11
Wilson, 2016 Ark. 334 at 9, 500 S.W.3d at 167 (stating that "voters [should not] be placed in a position of either having to be an expert in the subject or having to guess as to the effect his or her vote would have"). 12 Id., 500 S.W.3d at 167.
13
Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994).
14
See Ark. Code Ann.§ 7-9-107(b).
15
Ark Code Ann.§ 7-5-309 (Supp. 2017).
16
Bailey, 318 Ark. at 284, 884 S.W.2d at 944.
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 Court as language that "creates a fatally misleading tendency" (Crochet v. Priest, 326 Ark. 338, 347, 931 S.W.2d 128, 133 (1996)) or that "gives the voter only the impression that the proponents of the proposed amendment wish to convey of the activity represented by the words." Christian Civic Action Comm., 318 Ark. at 249, 884 S.W.2d at 610. 19 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990).

Kenneth Woodmansee, Sponsor
Opinion No. 2018-110
Page 5

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. 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 neither contemplates nor requires that I compose an entirely new ballot title when the one submitted is wholly deficient. Nor does the statute require that I modify or rewrite the proposed measure itself, in order to then summarize its text in a suitable ballot title. 23 Instead, crafting and accurately summarizing the measure are the sponsor's responsibilities prior to submission.

RESPONSE

My statutory duty is to certify, substitute and certify, or reject the entire proposal. Your submission has a threshold shortcoming that requires me to reject popular name, the ballot title, and proposed measure as drafted.

DISCUSSION

You have submitted the same measure I rejected in Attorney General Opinion 2017-006, which I have attached for your convenience. The text of this proposed measure was flagged as ambiguous and misleading in this previous opinion, as

2
°Christian Civic Action Comm., 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.

23
See Op. Att'y Gen. 2017-032 (citing Ark. Code Ann. § 25-16-701, which prohibits the Attorney General from engaging in the private practice of law).

Kenneth Woodmansee, Sponsor
Opinion No. 2018-110
Page 6

well as in subsequent opm1ons addressing some of the same (or very similar) language. 24

Because of the import and complexity of the decriminalization scheme you propose, it is insufficient under section 7-9-107 (c) to recycle language previously identified as problematic under the guidelines set out above. Doing so will result (and did result here) in a submission that fails to address the fundamental shortcomings that have been discussed over many previous responses from my office. Especially given this history of submission, response, and re-submission of this and very similar measures, it is impossible to fairly summarize in a ballot title the recreational-marijuana amendment that you have proposed. In short, any ballot title for this measure, or any similar measure, will necessarily be misleading because the scheme cannot be summarized in an intelligent, impartial, and honest manner.

CONCLUSION

As stated above, section 7-9-106 does not authorize or require me to modify the 25 proposed measure itself, in order to summarize its text in a suitable ballot title. My office is not charged with any role in drafting initiated amendments or acts. Instead, crafting and accurately summarizing the measure are the sponsor's responsibilities prior to submission. Sponsors 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 popular name, ballot title, and proposed measure.

Sincerely,

~~
RU;~
LESLIE
Attorney General

Enclosure

24
E.g., Ops. Att'y Gen. 2017-012, 2017-030, 2017-076, 2017-091, 2017-127. These opinions may be found online at http://www.arkansasag.gov/opinions.

25
See supra n.23 .

ARKANSAS CANNABIS HEMP AND RECREATIONAL MARIJUANA AMENDMENT (Popular Name)

(Ballot Title)

AN AMENDMENT TO THE ARKANSAS CONSTITUTION CONCERNING THE CANNABIS PLANT, PROVIDING THAT THE CULTIVATION, PRODUCTION, DISTRIBUTION, SALE, POSSESSION, AND USE OF RECREATIONAL MARIJUANA AND CANNABIS HEMP AND PRODUCTS PRODUCED THEREFROM 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 CURRENT AND ONLY CONVICTION(S) IN WHICH THEY ARE SERVING 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 IN TO CANNABIS HEMP (CONTAINING 0.3% OR LESS THC) AND MARIJUANA (CONTAINING MORE THAN 0.3% THC); REGULATING THE CULTIVATION, PRODUCTION, DISTRIBUTION AND THE SALE OF CANNABIS HEMP AND PRODUCTS PRODUCED THEREFROM; PROVIDING THAT ANYONE 18 YEARS OF AGE OR OLDER MAY OBTAIN A CANNABIS HEMP LICENSE PERMITTING THE PERSON TO CULTIVATE CANNABIS HEMP; AUTHORIZING RECREATIONAL USE OF MARIJUANA; PROVIDING THAT ANYONE 21 YEARS OF AGE OR OLDER MAY OBTAIN A MARIJUANA LICENSE PERMITTING THE PERSON TO CULTIVATE, PRODUCE, AND SELL MARIJUANA AND PRODUCTS PRODUCED THEREFROM FOR RECREATIONAL PURPOSES; 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% RECREATIONAL MARIJUANA EXCISE TAX AND A LOCAL SALES TAX NOT TO EXCEED 2%; PERMITTING ANY RETAIL STORE THAT IS 1500 FEET AWAY OR MORE FROM A PUBLIC OR PRIVATE SCHOOL, CHURCH, OR DAYCARE MAY SELL RECREATIONAL MARIJUANA TO ANY PERSON 21 YEARS OF AGE OR OLDER; PROVIDING THAT THE RECREATIONAL MARIJUANA BEING SOLD IN THE FORM OF EDIBLES OR DRINKABLES (A)IS NOT DESIGNED TO APPEAL TO CHILDREN; (B) SHALL NOT EXCEED 10 MILLIGRAMS OF THC PER SERVING, AND (C) LABELING OR PACKAGING MUST PROVIDE PRODUCT INFORMATION TO PREVENT OVERDOSING; PROVIDING THAT THE MANUFACTURE, POSSESSION, PURCHASE, SALE, AND DISTRIBUTION OF MARIJUANA PARAPHERNALIA IS LAWFUL UNDER STATE LAW; AND PROVIDING THAT THE AMENDMENT (A) IS NOT INTENDED TO REQUIRE EMPLOYERS TO PERMIT ACTIVITIES RELATING TO RECREATIONAL MARIJUANA IN THE WORKPLACE, (B) IS NOT INTENDED TO PERMIT DRIVING UNDER THE INFLUENCE OF MARIJUANA, (C) IS NOT INTENDED TO PERMIT THE TRANSFER OF RECREATIONAL MARIJUANA TO ANYONE UNDER 21 YEARS OF AGE, (D) NOR PERMIT ANYONE UNDER 21 YEARS OF AGE TO CULTIVATE, PRODUCE, SELL, POSSESS, OR USE RECREATIONAL MARIJUANA.

Section 1. Short Title.
This is an amendment to the Arkansas Constitution that shall be called "The Arkansas Cannabis Hemp and Recreational Marijuana Amendment"

Section 2. Effective Date.
Effective on and after December 07, 2018 the cultivation, production, distribution, sale, possession, and use of the cannabis plant (genus Cannabis) as it pertains to cannabis hemp and recreational marijuana and the

products produced therefrom shall be regulated pursuant to the provision of this amendment and made lawful in every geographic area of every county of this state under Arkansas law, but acknowledging that the listed activities with respect to the cannabis plant remain illegal under federal law and that the amendment shall have no effect on federal law.

Section 3. Definitions.
The following terms are defined for the purposes of this amendment:

(a) "Cannabis 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 (.69THC). (b) "Cannabis hemp field tag or field tag" means a label issued by the state that a cultivator attaches to any post or fencing where cannabis hemp is being grown, and is used for identifying ten (10) acres or less of cannabis hemp plants. Each field tag shall display the cannabis hemp license account number and an expiration date that corresponds with the cultivator's cannabis hemp license. Each field tag may be bar-coded or embedded with radio frequency identification (RFID) smart chip. (c) "Cannabis hemp license" means a registration card issued by the state to a person who is a resident of the state and is eighteen (18) years of age or older to lawfully cultivate, produce and sell cannabis hemp and products produced from cannabis hemp that is cultivated in this state. 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) "Driving under the influence of marijuana" means operating a motorized vehicle on any public road, highway, or street when the Delta-9-tetrahydrocannabinol (.69THC) content of the operator's blood exceeds thirteen micrograms per liter (13µg/L). (e) "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 (.69THC). (f) "Marijuana license" means a registration card issued by the state to a person who is a resident of the state and is twenty-one (21) years of age or older to lawfully cultivate, produce, and sell marijuana and products produced from marijuana for recreational 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. (g) "Marijuana paraphernalia" means any equipment, utensils, products, and materials which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, containing, or concealing recreational marijuana, or for ingesting, inhaling or otherwise introducing recreational marijuana into the human body. (h) "Marijuana plant tag or plant tag" 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 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 cultivator's marijuana license. (i) "Products produced" means items and substances manufactured from the cannabis plant (genus Cannabis) that may contain Delta-9-tetrahydrocannabinol (.69THC), whereas products produced from marijuana contain greater than three tenths of one percent (0.3%) Delta-9-tetrahydrocannabinol (.69THC) and products produced from cannabis hemp contain three tenths of one percent (0.3%) or less .69THC. Any item whose components may contain a variation in .69 THC content that would span above the three tenths of one percent (0.3%) threshold is to be considered a product produced from marijuana. U) "Recreational marijuana" means marijuana and products produced from marijuana that is used as an intoxicant. (k)"Recreational marijuana excise tax" means a tax that is imposed upon the purchase of recreational marijuana. (I) "Remuneration" means an act in which money is being paid to purchase recreational marijuana.

Section 4. The regulation of cannabis hemp.
The cultivation, production, distribution, sale, possession, and use of cannabis hemp and products produced from cannabis hemp shall be 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 cost of a cannabis hemp license that shall be issued and required by the state shall not exceed thirty dollars ($30.00) a year, and there shall be no limit to the number of licenses issued in this state, and any person who is a resident of this state, and is eighteen years of age or older shall qualify to obtain such a license, providing that he or she has not had such a license permanently revoked by the state for violating the provisions pursuant to this amendment. (b) The cost of a cannabis hemp field tag that shall be issued and required by the state to regulate the cultivation of cannabis hemp shall not exceed ten dollars ($10.00) per field tag per year, and any person with a cannabis hemp license as defined in Section 3(c) may obtain such field tags, and there shall be no limit to the number of field tags allowed per licensed person per year. (c) Any person issued an cannabis hemp license and field tag(s) may cultivate cannabis hemp on property he or she owns, or with the consent of the person(s) who owns the property. (d) Any person who cultivates cannabis hemp and manufactures a product produced from cannabis hemp that is grown in Arkansas shall be required to have a cannabis hemp license and all cannabis hemp fields must have field tags failure to do so may result in the following:
(1.) First offense: Upon conviction is guilty of a Class C misdemeanor, a penalty no greater than five-hundred dollars ($500) shall be imposed, up to thirty (30) days in jail, and a suspension to obtain a cannabis hemp license for one year.
(2.) Second offense: Upon conviction is guilty of a Class C misdemeanor, a penalty no greater than five-hundred dollars ($500) shall be imposed, up to thirty (30) days in jail, and a suspension to obtain a cannabis hemp license for five years.
(3.) Third offense: upon conviction is guilty of a Class B misdemeanor, a penalty no greater than one-thousand dollars ($1,000) shall be imposed, and up to ninety (90) days in jail, and a permanent revocation of a cannabis hemp license.

Section 5. The regulation of recreational marijuana.
The cultivation, production, distribution, sale, possession, and use of marijuana and products produced from marijuana for recreational purposes shall be 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 cost of a marijuana license that shall be issued and required by the state shall not exceed thirty dollars ($30.00) per license per year, and there shall be no limit to the number of licenses issued in this state, and any person who is a resident of this state and is twenty-one (21) years of age or older shall qualify to obtain such a license, providing that he or she has not had such a license permanently revoked by the state for violating the provision pursuant to this amendment. (b) The cost of a marijuana plant tag that shall be issued and required by the state to regulate the cultivation of recreational marijuana produced in this state, shall not exceed six dollars ($6.00) per plant tag, and any person who has a marijuana license as defined in Section 3(f) shall qualify to obtain such tags, and there shall be a limit of thirty-six (36) plant tags allowed per year per licensed person. 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 marijuana plants cultivated and displaying a marijuana plant tag shall be limited to thirty-six (36) growing plants per person who has a marijuana license, but the quantity of the products produced from marijuana shall not be limited.

(d) Any person who is 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 he or she owns, or with the consent of the person(s) who owns the property. (e) Any person who is twenty-one (21) years of age or older may purchase, possess, and use recreational marijuana, and may distribute recreational marijuana without remuneration to another person who is twenty-one (21) years of age or older. (f) Any retail store whose owner(s) and employee(s) all have marijuana license(s) as defined in section 3(f) may sell recreational marijuana to any person who is twenty-one years of age or older providing:
(1) All buyers of recreational marijuana must first show proof of age with a valid driver's license or valid state identification card prior to the purchase.
(2) The retail store where recreational marijuana is being sold is not located within one thousand five hundred feet (1,500') of a public or private school, church, or daycare center, and;
(3) All recreational marijuana being sold is designed, packaged, and labeled pursuant to section 6 of this amendment.
(g) Any person who purchases and possesses recreational marijuana must be twenty-one (21) years of age or older, and any person who cultivates, produces, and/or sells recreational marijuana in Arkansas shall be required to have a marijuana license and each plant growing must have a plant tag, failure to do so may result in the following:
(1.) First 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 30 days in jail, and a suspension to obtain a marijuana license for one year.
(2.) Second offense: upon conviction is guilty of a Class B misdemeanor, a penalty of one-thousand dollars ($1,000) shall be imposed, up to ninety days (90) days in jail, and a suspension to obtain a marijuana license for five years.
(3.) Third 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 a permanent revocation of a marijuana license.

Section 6. Recreational marijuana product design, serving size, labeling and packaging. (a) All edible and drinkable products produced from marijuana that are sold for recreational purposes 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 (A9THC) throughout the product.
(5) Shall provide information on the packaging or label to enable the informed consumption of such product, including the potential effects of the product, and directions as to how to consume the product, as necessary to prevent overdosing. (b) All smokable and vaporizable products produced from marijuana that are sold for recreational purposes shall;
(1) Shall provide information on the packaging or label 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.

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 pursuant to The Uniform Controlled Substances Act §5-64-505: (a) Any person twenty-one (21) years of age or older may manufacture, possess, and purchase marijuana paraphernalia, or may sell marijuana paraphernalia to another person who is twenty-one years of age or older, providing that marijuana paraphernalia being sold does not contain recreational marijuana, unless the seller of such paraphernalia has a marijuana license.

Section 8. Employers, driving, and minors.
(a) Nothing in this amendment is intended to require an employer to permit or accommodate the cultivation, production, distribution, sale, possession, or use of recreational marijuana in the workplace or to affect the ability of employers to have policies restricting the use of recreational marijuana by employees. (b) Nothing in this amendment is intended to permit driving under the influence of marijuana. (c) Nothing in this amendment is intended to permit the transfer of recreational marijuana, 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. (e) Nothing in this amendment is intended to permit the unauthorized cultivation, production, distribution, or sale, of any substance that is controlled or prohibited by the state pursuant to the Arkansas Uniform Controlled Substances Act.

Section 9. Non-violent marijuana offenders and criminal record expungement. All persons currently serving incarceration, probation, or parole in this state, whose current and only conviction(s) to which they are now serving 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. Taxation and distribution of proceeds from the sale of recreational marijuana and cannabis hemp. (a) The sale of recreational marijuana is subject to the State Sales and Use Tax, and an additional five percent (5%) recreational marijuana excise tax shall be imposed upon the purchase. The sale of recreational marijuana shall not be subject to any local sales tax that exceeds two percent (2%). (b) The sale of cannabis hemp cultivated in Arkansas is subject to the State Sales and Use Tax, and no additional tax shall be imposed upon the purchase. The sales tax that are currently imposed upon the sale of products produced from cannabis hemp shall not be affected by this amendment. (c) The distribution of tax revenues received by the Department of Finance and Administration from the sale of recreational marijuana and cannabis hemp under this amendment may be determined by the general assembly.

Section 11. 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.