Are Arkansas billboards advertising recreational marijuana from neighboring states legal?

Short answer The AG declined to answer either advertising question. He said pending litigation may directly affect the answers and cited Good Day Farm Arkansas, LLC, et al. v. State of Arkansas, et al., No. 60CV-22-931, in footnote 1. The opinion gives no conclusion about whether the billboards are lawful.
State
Arkansas
Opinion
Opinion No. 2023-035
Issued
August 24, 2023
Issued by
Office of the Arkansas Attorney General
Requested by
State Representative Steven Walker

Apply this to your situation

This page answers the general question as of 2023. Ask about yours and see what current Arkansas law means for your facts, with citations you can check.

Disclaimer: This is an official Arkansas Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Arkansas attorney for advice on your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

State Representative Steven Walker reported billboards in northern Searcy County advertising recreational marijuana dispensaries in Missouri. He asked whether Arkansas billboards may advertise a product federally classified as a Schedule 1 substance. He also asked whether the answer would change if a neighboring state legalized a federally controlled stimulant such as methamphetamine.

The Attorney General answered neither question. He said pending litigation may directly affect the answers and explained his office's longstanding policy of declining to opine on matters before the courts. Footnote 1 identifies the case as Good Day Farm Arkansas, LLC, et al. v. State of Arkansas, et al., No. 60CV-22-931, in Pulaski County Circuit Court. Footnote 2 cites earlier Arkansas AG opinions for that litigation policy.

The opinion supplies no conclusion about the legality of these billboards, any advertising restriction, or the hypothetical stimulant advertisements. Its reference to litigation explains why the AG declined; it does not report a court ruling.

What this means for you

Billboard operators and dispensaries

Do not treat this opinion as permission to run an advertisement or as a finding that an advertisement is unlawful. It answers neither question. If you need to make an advertising decision, this opinion identifies the pending case to investigate, but you need a source that actually addresses the governing rules and any later court action.

Legislators and readers tracking the issue

The AG did not resolve Walker's questions. The cited case and the 2023 date provide a way to check what happened after the opinion. Nothing in this opinion says how that litigation ended or whether it decided the advertising questions.

Common questions

Did the AG say Arkansas marijuana billboards are legal?
No. He declined to opine because pending litigation may affect the answer.

Did he say they are illegal or at legal risk?
No. The opinion reaches no conclusion on legality or risk.

Which litigation did he cite?
Footnote 1 names Good Day Farm Arkansas, LLC, et al. v. State of Arkansas, et al., No. 60CV-22-931, in Pulaski County Circuit Court. The body says its outcome “may directly affect” the answers, without describing the claims or predicting a result.

What did he say about advertising a stimulant legalized by a neighboring state? Nothing on the merits. That was Walker's second question, and the AG declined to answer it as well.

Background and statutory framework

The opinion states the Office of the Attorney General's longstanding policy, as a member of the executive branch, to decline to opine on matters pending before courts for resolution. Footnote 2 cites Arkansas Attorney General Opinions 2023-028, 2016-027, and 2010-047 for that policy.

Citations

  • Good Day Farm Arkansas, LLC, et al. v. State of Arkansas, et al., No. 60CV-22-931, Pulaski County Circuit Court
  • Ark. Att'y Gen. Ops. 2023-028, 2016-027, 2010-047

Source

Original opinion text

Opinion No. 2023-035
August 24, 2023
The Honorable Steven Walker
State Representative
408 Fairway Drive
Horseshoe Bend, Arkansas 72512
Dear Representative Walker:
I am writing in response to your request for my opinion regarding the legality of certain billboard advertisements. You report that northern Searcy County contains several billboards “that are advertising recreational marijuana dispensaries in Missouri.” You ask two questions about these billboards:
1. In Arkansas, is it legal for billboards to advertise a product that the federal government classifies as a “Schedule 1 substance,” under the Controlled Substances Act?
2. If so, if a neighboring state passed a law legalizing federally controlled stimulants, such as methamphetamine, would billboards and other advertising that promotes that product in our state be permitted?
RESPONSE
I must respectfully decline to opine on your questions because of pending litigation, 1 the outcome of which may directly affect the answers to the questions you raised. It is the long-standing policy of the Office of the Attorney General, as a member of the executive branch, to decline to opine on matters that are pending before the courts for resolution. 2 I regret that I cannot be of assistance in this matter. Please do not hesitate to contact me if I may be of future assistance in some other respect.

1
See Good Day Farm Arkansas, LLC, et al. v. State of Arkansas, et al., No. 60CV-22-931, Pulaski County Circuit Court. 2 See Ark. Att’y Gen. Ops. 2023-028, 2016-027, 2010-047 (stating that Office of the Attorney General office does not issue opinions on matters that are in litigation).

The Honorable Steven Walker
State Representative
Opinion No. 2023-035
Page 2

Deputy Attorney General Ryan Owsley prepared this opinion, which I hereby approve. Sincerely,

TIM GRIFFIN
Attorney General

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