Did the Arkansas AG certify the third version of the proposed 2024 medical marijuana amendment that would have expanded Amendment 98 with health-care-practitioner certification, home cultivation, and contingent adult-use authority?

Plain-English summary

Stephen Lancaster, on behalf of the sponsor coalition, submitted the third version of a proposed amendment to expand Arkansas's medical marijuana framework. The first version was rejected in Opinion 2024-014; the second was substituted and certified in Opinion 2024-028. The sponsor revised again, and this third version was certified as submitted with no substitution. (The first two iterations had used "medical cannabis" instead of the more precise "medical marijuana" and had omitted certain material provisions.)

The certified amendment would have:

1. Replaced "physician" with "health care practitioner" in Amendment 98, including medical and osteopathic doctors, nurse practitioners, physicians' assistants, and pharmacists. Removed federal controlled-substances registration requirements.
2. Expanded "qualifying medical condition" to include any condition a health care practitioner considers debilitating that might be alleviated by usable marijuana.
3. Allowed non-Arkansas residents to apply for and receive registry identification cards on the same terms as Arkansans.
4. Redefined "usable marijuana" to include all parts of the cannabis sativa plant (with standard derivative chemistry) but excluded hemp under the 0.3% delta-9 THC threshold.
5. Allowed telehealth assessments by removing the physician-patient relationship requirement from "written certification."
6. Permitted dispensary-to-dispensary transfers of marijuana, plants, seeds, and clones.
7. Removed regulation of physician evaluations by professional licensing boards.
8. Required criminal background checks for designated caregivers (with carve-out for parents/guardians of minor patients).
9. Removed registry card application/renewal fee requirement.
10. Extended registry card duration from 1 year to 3 years.
11. Replaced advertising restrictions with rules tailored to prevent appeal to children, plus child-resistant packaging requirements.
12. Authorized personal cultivation by qualifying patients/caregivers 21+ at their domicile, in limited quantities, for personal use only.
13. Allowed adult possession of up to 1 ounce of usable marijuana, contingent on federal law changes; if federal prohibition lifts, ABC would regulate adult-use sales.
14. Required voter approval to amend or repeal the amendment.

The AG certified the popular name "Arkansas Medical Marijuana Amendment of 2024" and the detailed ballot title as submitted. The AG repeated the standing length-and-complexity warning from Opinion 2024-028 (long ballot titles are vulnerable to court challenges).

The amendment did not appear on the November 2024 ballot.

What this means for you

Medical marijuana patients in Arkansas

If a future iteration of this amendment passes, the practical changes for current patients would have been substantial:

• Your registry card would last three years instead of one. Renewals less frequent.
• You could see a nurse practitioner or pharmacist for certification, not just a doctor.
• Telehealth visits would qualify for written certification.
• You could grow marijuana at home if you are 21+ (subject to limits the amendment specified).
• The list of qualifying conditions would broaden: any debilitating condition your practitioner thinks marijuana might help.
• A separate adult-use framework would activate if and when federal law changes.

Dispensary operators

The amendment would have allowed dispensary-to-dispensary transfers (currently restricted), shifted advertising rules, removed certain administrative restrictions, and authorized adult-use sales if federal law changes. The structural shift toward adult-use ABC regulation rather than Department of Health regulation would also matter for licensing and compliance teams.

Health care practitioners

Pharmacists and nurse practitioners would have gained certification authority. Telehealth would be expressly permitted. The professional licensing board's authority to sanction physicians for marijuana certification practices would be eliminated.

Cannabis industry attorneys

Watch the contingent adult-use provision. The amendment would have authorized adult-use sales by licensed cultivation facilities and dispensaries if "current federal law prohibiting such activities changes." This is a forward-looking trigger that could activate at any time depending on federal action (Schedule III rescheduling, descheduling, full legalization). A future amendment along these lines would create a meaningful regulatory shift on the federal-trigger date.

Voters following 2024 ballot initiatives

The amendment did not appear on the November 2024 ballot. Three rounds with the AG, each adding refinements, ultimately got certification but the sponsor still had to gather signatures and survive any pre-election challenges. Whatever signature collection or litigation challenge stopped the proposal from advancing is outside this opinion.

Common questions

What's the difference between this version and the prior certified version (2024-028)?
The 2024-028 version had been substituted and certified after the AG made several corrections. This third version (2024-037) was certified as submitted, meaning the sponsor incorporated the changes the AG made in 2024-028 directly into the underlying text. The result: less complexity for canvassers, since the certified ballot title matches what was submitted.

What's "Amendment 98"?
Amendment 98 to the Arkansas Constitution, passed in 2016, established Arkansas's medical marijuana program. It set up registry cards, dispensaries, cultivation facilities, and the Department of Health's regulatory role. The 2024 amendment would have substantially modified Amendment 98.

What does "contingent on federal law changes" mean for adult use?
The amendment would have authorized adult-use marijuana sales by Arkansas-licensed cultivation facilities and dispensaries only if federal law changes to no longer prohibit such activities. Currently, marijuana is Schedule I federally. If federal law changes (rescheduling, descheduling, or general legalization), the ABC Division would regulate adult-use sales in Arkansas. Until federal change, only the existing medical program operates.

Could a patient grow marijuana at home under the amendment?
Yes, with specific conditions. Qualifying patients or caregivers at least 21 years old, in possession of a valid registry identification card, could possess, plant, dry, and process marijuana plants at their domicile, in limited quantities. Sale, bartering, and trade would be prohibited. The Alcoholic Beverage Control Division would regulate.

Who would regulate adult-use sales if federal law changes?
The ABC Division. Notable shift: Arkansas's medical marijuana is regulated by the Department of Health and the Medical Marijuana Commission. Adult use would be ABC's domain. Different agency, different regulatory approach.

Did this amendment make the November 2024 ballot?
No. AG certification is procedural; the sponsor still needed to collect signatures and survive any pre-election challenges. The amendment did not advance to the ballot.

Background and statutory framework

AG ballot-title review. A.C.A. § 7-9-107 sets the process. § 7-9-108 requires canvasser/signer instructions on petitions.

Amendment 98. Passed November 2016. Established Arkansas's medical marijuana framework. The 2024 proposed amendment would have substantially modified §§ 2, 3, 4, 5, 8, 15, 16, 21, 23, and 26 of Amendment 98.

Length and complexity warnings. Repeated from Opinion 2024-028 and prior opinions (2023-038, 2007-160, 2005-212, 2000-137).

Prior versions. Opinion 2024-014 rejected the first version. Opinion 2024-028 substituted and certified the second version.

Federal Schedule I. Marijuana remains Schedule I federally as of this opinion (2024). The amendment's adult-use trigger depended on this changing.

Citations

• A.C.A. § 7-9-107 (AG ballot-title review)
• A.C.A. § 7-9-108 (canvasser/signer instructions)
• Ark. Const. amend. 98 (Arkansas Medical Marijuana Amendment of 2016)
• Prior AG Opinions 2024-014, 2024-028 (earlier versions of this proposal)

Source

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

Original opinion text

Opinion No. 2024-037
February 29, 2024
Stephen R. Lancaster, Attorney
Wright Lindsey & Jennings LLP
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201
Dear Mr. Lancaster:
I am writing in response to your request, made under A.C.A. § 7-9-107, that I certify the
popular name and ballot title for a proposed constitutional amendment. In Opinion Nos.
2024-014 and 2024-028, I addressed prior versions of your proposed constitutional
amendment. You have now revised the text of your proposed measure and submitted it
with a poplar name and ballot title. You ask that I certify.
My decision to certify or reject a popular name and ballot title is unrelated to my view of
the proposed measure’s merits. I am not authorized to consider the measure’s merits when
considering certification.

1. Request. Under A.C.A. § 7-9-107, you have asked me to certify the following popular
   name and ballot title for a proposed initiated amendment to the Arkansas Constitution:
   Popular Name
   Arkansas Medical Marijuana Amendment of 2024
   Ballot Title
   This amendment to the Arkansas Constitution expands access to medical
   marijuana by qualified patients under the Arkansas Medical Marijuana
   Amendment of 2016, Amendment 98 and ratifies and affirms that
   amendment as originally adopted and as amended by any legislative act,
   except as specified; amending Amendment 98, § 2(4)(B) to define
   "cultivation facility" as including sale and delivery of usable marijuana to a
   processor; amending Amendment 98, § 2(12) to replace the definition of
   "physician" with "health care practitioner," which includes medical and Mr. Stephen R. Lancaster
   Opinion No. 2024-037
   Page 2
   osteopathic doctors, nurse practitioners, physicians' assistants, and
   pharmacists and to remove requirements for federal controlled-substances
   registration; amending Amendment 98, §§ 4(f), 5(a)(l), 5(f)(1), 5(h), and 15
   to replace references to physicians with references to health care
   practitioners; amending Amendment 98, § 2(13)(C) to add language to the
   definition of "qualifying medical condition" to include any condition not
   otherwise specified in Amendment 98 that a health care practitioner
   considers debilitating to a patient that might be alleviated by the use of
   usable marijuana; amending Amendment 98, § 2(14)(A) to allow
   non-Arkansas residents to apply for and receive registry identification cards
   in the same way as Arkansas residents; amending Amendment 98, § 2(17)
   to define "usable marijuana" as cannabis and other substances including all
   parts of the plant Cannabis sativa, whether growing or not, including any
   seeds, resin, compound, manufacture, salt, derivative, mixture, isomer or
   preparation of the plant, including tetrahydrocannabinol and all other
   cannabinol derivatives, and to exclude hemp with a delta-9
   tetrahydrocannabinol concentration of not more than 0.3 percent on a dry
   weight basis; amending Amendment 98, § 2(19) to remove language
   requiring a physician-patient relationship from the definition of "written
   certification" and to allow assessments in person or by telemedicine;
   amending Amendment 98, § 3(e) to allow licensed dispensaries to receive,
   transfer, or sell marijuana seedlings, plants, or usable marijuana to and from
   Arkansas-licensed cultivation facilities, processors, or other dispensaries, to
   accept marijuana seeds, seedlings, or clones from any individual or entity
   authorized by law to possess them, and to sell usable marijuana, marijuana
   seedlings, plants or seeds to qualifying patients and designated caregivers;
   amending Amendment 98, § 3(h) to remove language allowing professional
   licensing boards to sanction a physician for improper evaluation of a
   patient's medical condition or for violating the standard of care; amending
   Amendment 98, §3(1) to remove authorization for Department of Health
   rules concerning visiting qualifying patients obtaining marijuana from a
   dispensary; amending Amendment 98, § 4(a)(4)(A) to require criminal
   background checks for all applicants seeking to serve as designated
   caregivers, with the exception of parents or guardians of minors who are
   qualifying patients applying to serve as designated caregivers for those
   minors; amending Amendment 98, § 5(a)(2) to remove language requiring
   reasonable registry identification card application fees or renewal fees;
   amending Amendment 98, § 5(d) to extend the expiration date of registry
   identification cards from one to three years and to add two additional years
   to the expiration date of existing cards; amending Amendment 98, § 8(e)(8)
   to remove and replace advertising restrictions with restrictions for
   dispensaries, processors, and cultivation facilities narrowly tailored to
   prevent advertising and packaging from appealing to children and to require
   the Alcoholic Beverage Control to make rules that require packaging that
   cannot be opened by a child or that prevents ready access to toxic or harmful Mr. Stephen R. Lancaster
   Opinion No. 2024-037
   Page 3
   amounts of the product; amending Amendment 98, § 8(m)(l)(A) to remove
   prohibitions on dispensary-provided paraphernalia requiring combustion of
   marijuana; amending Amendment 98, § 8(m)(4)(A)(ii) to allow cultivation
   facilities to sell marijuana in any form to dispensaries, processors, or other
   cultivation facilities; amending Amendment 98, § 16 to replace its current
   language with a waiver of state sovereign immunity so that a licensed
   person or entity may seek injunctive relief in the event the state fails to
   follow Amendment 98; amending Amendment 98, § 21 to remove a
   prohibition on the growing of marijuana by qualifying patients and
   designated caregivers and to allow such growing under Amendment 98;
   repealing Amendment 98, §§ 23 and 26 in their entirety; amending
   Amendment 98 to allow qualifying patients or caregivers at least 21 years
   old and in possession of a valid registry identification card to possess, plant,
   dry, and process marijuana plants in limited quantities and sizes at their
   domicile solely for the personal use of the qualifying patient, to prohibit
   sale, bartering, and trade of such marijuana plants, and to provide for
   regulation of such activities by the Alcoholic Beverage Control Division;
   amending Amendment 98 to allow possession by adults of up to one ounce
   of usable marijuana, to allow sale of marijuana by licensed cultivation
   facilities and dispensaries for adult use if current federal law prohibiting
   such activities changes, and to provide for the regulation of the wholesale
   and retail of marijuana by licensed cultivation facilities and dispensaries by
   the Alcoholic Beverage Control Division; amending Arkansas Constitution,
   Article 5, § 1, to provide that unless provided in such constitutional
   amendment, no constitutional amendment shall be amended or repealed
   unless approved by the people under the Constitution; providing that this
   amendment's provisions are severable, nullifying any provision of state law
   in conflict with this amendment; and providing that the amendment is self-
   executing.
2. Rules governing my review. In Opinion No. 2024-028, issued in response to your most
   recent submission for review and certification, I explained the rules and legal standards
   that govern my review of popular names and ballot titles. I rely on those same rules and
   legal standards here and incorporate them by reference.
3. Application. Having reviewed the text of your proposed measure, as well as your
   proposed popular name and ballot title, I must certify your popular name and ballot title as
   submitted.
   In Opinion No. 2024-028, I cautioned you concerning the length and complexity of
   initiated measures and ballot titles and their susceptibility to a successful ballot-title
   challenge. I rely on those same warnings and legal standards and incorporate them by
   reference. Mr. Stephen R. Lancaster
   Opinion No. 2024-037
   Page 4
   Under A.C.A. § 7-9-108, instructions to canvassers and signers must precede every
   petition, informing them of the privileges granted by the Arkansas Constitution and the
   associated penalties for violations. I have included a copy of the instructions that should be
   incorporated into your petition before circulation.
   Assistant Attorney General William R. Olson prepared this opinion, which I hereby
   approve.
   Sincerely,
   TIM GRIFFIN
   Attorney General