In 2016, Arkansas became one of over 30 states that now have laws broadly legalizing marijuana. The turning point came with the passage of Amendment 98, also known as Issue 6 or Arkansas Medical Marijuana Amendment of 2016, which allowed Arkansans to legally engage in the medical use of marijuana for the first time.
However, there was another proposal on the ballot that year known as Issue 7, or Arkansas Medical Cannabis Act, which would have also legalized medical marijuana and a few other allowances, like allowing certain patients to grow their own, not found in Issue 6. It was disqualified early on for failing to obtain the necessary amount of valid signatures, according to an article by the Arkansas Democrat-Gazette, but the sponsors are not giving up
Now, three years after the removal of that proposal, the local Arkansas nonprofit, Drug Policy Education Group, is back on the scene with new sights for what can be accomplished in the 2020 election.
On July 10, they filed two ballot petitions with the Arkansas Secretary of State.
The first proposes to legalize recreational use of cannabis for adults age 21 and older and authorizes the Alcoholic Beverage Control Division of the Arkansas Department of Finance and Administration to issue licenses and establish the program’s rules. The proposal allows the legal possession of “up to 4 ounces of cannabis flower, 2 ounces of cannabis concentrate, edible products containing cannabis with tetrahydrocannabiol (THC) content of 200 mg or less and to cultivate up to six cannabis seedlings and six cannabis flowering plants for personal use on residential property owned by the adult in possession of the plants or with the written permission of the property owner.”
As stated in the proposal, dispensary license application fees will start at $5,000 and cultivation facility license application fees will start at $15,000. Those dispensaries that are properly licensed will be able to start selling marijuana for personal use on December 4, 2020.
When it comes to this proposal, known also by the title Arkansas Adult Use Cannabis Amendment, a DPEG director, Melissa Fults, is confident that the state will benefit in many ways by bringing recreational cannabis to the people of Arkansas. She has said that the petition appears to be solid and has been viewed by around 15 attorneys and some retired judges.
“These dispensaries can come in and create a lot of jobs and sell a lot of products and generate tax dollars and that’s what we need in this state,” Fults says.
Along with this, she also believes that the amendment would reduce opioid use and related deaths, an issue that the state of Arkansas is highly aware of and will be using an almost $1 million grant from the Department of Justice to create a database for tracking, according to UALR public radio.
If Fults is serious about putting the state first, the proposal reflects it. According to the copy of the proposal on DPEG’s website, the tax dollars from the retail sales will first fund expenses and salaries of the Alcohol Beverage Control Division of the Arkansas Department of Finance and Administration “as necessary to license and regulate cultivation facilities, processing facilities and dispensaries.” However, excess revenue from the retail sales tax will be directed in other directions, with 40% going to pre-kindergarten and after-school programs and 60% going to University of Arkansas for Medical Sciences. The pre-K and after-school programs with the highest percentage of children eligible for free and reduced-price meals will get priority for the funding.
DPEG’s second proposal, Arkansas Marijuana Expungement Amendment, will allow any person with a conviction involving 16 ounces of cannabis or less, or six plants or less, to file for expungement or release from incarceration. It also authorizes the establishment of dedicated court specifically for this.
Drug Policy Alliance says that, in the United States, 90.8 percent (599,282) of those charged with marijuana law violations were arrested for possession only.
“[Their] record follows them for the rest of their life and it destroys so many lives,” Fults says. “[They] lose scholarships, [they] lose the chance to get good jobs because [they] have to check that mark that says, ‘I have a felony on my record’.”
Current Arkansas law indicates that those found in possession of less than four ounces of cannabis can be found guilty of a Class A Misdemeanor and can face up to 1 year in jail and a fine of up to $2,500. If a person is found in possession of 4 to 10 ounces, they can be found guilty of a Class D Felony and can face up to 6 years in prison and a fine of up to $10,000.
The Democrat-Gazette said in its article that Fults had made mention of cannabis prohibition being racially biased. This is not an uncommon argument with many sources, including the American Civil Liberties Union and Drug Policy Alliance, citing studies where black persons were found to be four to eleven times more likely to be convicted of a marijuana law violation in the United States.
Fults has said that each of these two petitions will need a minimum of 90,000 signatures and the petition drive is expected to begin August 1.
“There is a ‘Green Rush’ and arkansas needs to be part of it because it can greatly enhance the state financially,” Fults says, comparing the trending marijuana movement to that of the gold rush of the 19th century.
If the petitions gain enough signatures for the ballot, when the 2020 election rolls around, Arkansans will have the chance to decide if their state will be the next one to pick up on the movement’s momentum.