Arkansas Supreme Court Orders State To Keep Counting 18,000 Signatures For Medical Marijuana Expansion Initiative

The Arkansas Supreme Court has ordered the secretary of state to continue counting about 18,000 signatures for a medical marijuana expansion ballot initiative regardless of his argument that they’re invalid because of the manner in which the petitions were processed.

Secretary of State John Thurston (R) notified the Arkansans for Patient Access (APA) on Monday that after going through the 150,000 signatures submitted by the campaign last month, only 88,040 were valid, whereas they needed 90,704. Advocates promptly filed a lawsuit with the Supreme Court challenging that determination and requesting an expedited hearing, which justices have now granted.

The secretary of state is facing a Friday deadline to consider the 18,000 signatures that he declined to count because the petitions were signed by representatives of a third-party canvassing company the campaign hired, as opposed to the amendment sponsor. While he must count the submissions, however, the measure’s fate still rests on how the court ultimately comes down on the legal questions surrounding the paperwork issue.

The campaign had also asked the court to appoint a special master to review the case, but that request was denied. Justices separately agreed to let the prohibitionist group Protect Arkansas Kids join the case. Opening briefs are due on Friday, and response briefs must be submitted by Monday.

Chief Justice Dan Kemp and Associate Justice Courtney Hudson have recused themselves from the case, Arkansas Times reported. That means Gov. Sarah Huckabee Sanders (R) will need to appoint replacements—a less than ideal development for the campaign given her opposition to the initiative and to marijuana reform more broadly.

The measure will be on the ballot in any case, as a printing deadline has already passed. The question now is whether the results of the vote will actually be counted after Election Day.

After activists submitted an initial batch of petitions in early August, the state official advised they did not have enough valid signatures at that time, kicking off a 30-day curing period for the campaign to make up the difference. According to Thurston’s office, they didn’t reach that goal.

The campaign pushed back against the state’s action, emphasizing that advocates “submitted over 150,000 signatures from all seventy-five counties, demonstrating clear support for an amendment that will remove barriers to access and reduce the cost of obtaining and maintaining a medical marijuana patient card.”

“Unfortunately, excluding 20,000 valid signatures collected during the cure period—due to an arbitrary, last-minute clerical rule change—is unfair and contrary to the democratic process,” a campaign spokesperson said in a statement after the secretary of state determined that signatures were insufficient.

The marijuana proposal is principally aimed at building upon the state’s existing medical cannabis program, which was created under an earlier voter-approved measure. It would achieve that by making it so healthcare professionals could issue recommendations to patients for any condition they see fit and letting patients grow their own marijuana at home.

Nurse practitioners, physician’s assistants pharmacists and osteopathic doctors would be added to the list of professionals who could make those recommendations. Also, patients wouldn’t need to renew their medical marijuana cards until three years, versus one year under the current law.

Further, the measure includes a trigger provision that would end cannabis prohibition altogether in Arkansas if the federal government enacts legalization.

The initiative would also permit dispensaries to start selling pre-rolled joints.

A recent survey found that a majority of likely voters in Arkansas are in favor of the initiative to significantly expand the state’s medical marijuana program.

—Marijuana Moment is tracking more than 1,500 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.—

The state’s medical marijuana has proved popular since its implementation in 2019, with officials announcing in May that at least 102,000 residents have registered for patient cards, exceeding expectations.

Meanwhile, last August a law took effect in the state clarifying that medical marijuana patients can obtain concealed carry licenses for firearms.

Arkansas voters defeated a ballot initiative to more broadly legalize marijuana for adults in 2022.

Read the Arkansas Supreme Court’s order in the medical cannabis ballot case below: 

DOJ Says Allowing A Pennsylvania Prosecutor Who Uses Medical Marijuana To Possess A Gun Would Be ‘Dangerous’

Photo courtesy of Philip Steffan.