Cannabis in Arkansas explained

Cannabis in Arkansas is illegal for recreational use. First-time possession of up to 4oz is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.

Prohibition

Cannabis was criminalized in Arkansas in 1923; New Mexico, Nevada, Oregon, and Washington also banned cannabis in that year.[1] [2]

Legal penalties

The possession of under 4oz of cannabis is a Class A misdemeanor under state law, carrying a fine of up to $2,500 and up to one year imprisonment. For those with two existing convictions, possession of over 1oz is a Class D felony punishable by a fine of up to $6,000 and a maximum six years in prison.[3]

As Arkansas is a "Smoke a joint, lose your license" state, any conviction for a cannabis offense is punished with a mandatory six month driver's license suspension.[4]

Reforms

Failed medical cannabis initiative (2012)

In 2012, the Arkansas Medical Marijuana Act (Issue 5) qualified for vote on the statewide ballot. The act would have allowed non-profit organizations to grow and sell medical cannabis and additionally permitted patients who live over five miles from a legal dispensary to cultivate a small number of plants on their own property.[5] [6] The act was defeated by a vote of 48.6% to 51.4%.[7]

Medical cannabis legalized (2016)

On November 8, 2016, Arkansas voters approved Issue 6, the Arkansas Medical Marijuana Amendment,[8] to legalize the medical use of cannabis.[9] [10] A separate measure, the Arkansas Medical Cannabis Act (Issue 7),[11] was disqualified from the ballot 12 days before the election by the Arkansas Supreme Court.[12] [13]

The Arkansas Medical Marijuana Amendment passed by a vote of 53%–47% as an amendment to the state constitution.[14] It allows patients who obtain a doctor's recommendation to possess up to NaNoz of cannabis for treatment of any of 12 qualifying medical conditions. It also requires that between 20 and 40 cannabis dispensaries and 4 to 8 cultivators be licensed by the state.[15] No allowance was made for patients to cultivate at home.

Licensed sales did not begin until May 2019 when the first dispensary opened in Hot Springs.[16] The dispensary was one of 32 initially licensed by the state along with 5 cultivators.[17]

Failed recreational cannabis initiative (2022)

On September 22, 2022, the Supreme Court of Arkansas ruled that Issue 4, the Marijuana Legalization Initiative,[18] was valid for the November 2022 ballot after it was initially blocked by the Board of Election Commissioners.[19] If approved, the initiative would have:[20]

The initiative failed with 44% of the vote on November 8, 2022, however.[21] [22]

Municipal reforms

In 2006, Eureka Springs residents voted 64%–36% to make enforcement of cannabis laws the lowest police priority.[23] [24] Fayetteville residents approved a similar initiative in 2008 by a 62%–38% margin.[25] However, a 2019 report by the Arkansas Justice Collective found that cannabis arrests actually increased by 44% in Fayetteville since the measure passed.[26]

In 2021, the Little Rock Board of Directors voted 7–3 to require that "investigations, citations, arrests, property seizures, etc. for adult misdemeanor marijuana offenses" be made the lowest law enforcement and prosecutorial priority when the amount of cannabis is deemed to be for personal use.[27] [28]

Notes and References

  1. Book: Charles H. Whitebread. The Marijuana Conviction: A History of Marijuana Prohibition in the United States. 1974. Lindesmith Center. 978-1-891385-06-3. 39.
  2. Web site: Guither . Pete . Why is Marijuana Illegal? . Drug WarRant . April 18, 2019.
  3. Web site: Arkansas . November 7, 2012 . Marijuana Policy Project . November 9, 2012.
  4. Web site: Arkansas Laws and Penalties . NORML . September 24, 2020.
  5. Web site: Arkansas Sends Medical Marijuana Law to the Ballot . Gwynne . Kristin . August 24, 2012 . Rolling Stone . November 9, 2012 . https://web.archive.org/web/20120901222624/https://www.rollingstone.com/politics/news/arkansas-sends-medical-marijuana-law-to-the-ballot-20120824 . September 1, 2012 . dead.
  6. News: Franco . Cheree . The medical marijuana push in Arkansas . April 18, 2019 . Arkansas Times . March 28, 2012.
  7. Web site: Arkansas Medical Marijuana Question, Issue 5 (2012) . Ballotpedia . April 18, 2019.
  8. Web site: Arkansas Medical Marijuana Amendment, Issue 6 (2016) . Ballotpedia . April 18, 2019.
  9. News: Cannon . Austin . Arkansas voters pass medical marijuana amendment . April 18, 2019 . Arkansas Democrat-Gazette . November 8, 2016.
  10. News: DeMillo . Andrew . Arkansas voters bring medical marijuana to the Bible Belt . April 18, 2019 . Associated Press . November 9, 2016.
  11. Web site: Arkansas Medical Cannabis Act, Issue 7 (2016) . Ballotpedia . December 11, 2020.
  12. News: Pettit . Emma . Arkansas court disqualifies one medical marijuana proposal . December 11, 2020 . Arkansas Democrat-Gazette . October 27, 2016 . https://web.archive.org/web/20201108123734/https://www.arkansasonline.com/news/2016/oct/27/arkansas-court-disqualifies-2nd-medical-marijuana-/ . November 8, 2020.
  13. News: Fanney . Brian . Court strikes medical marijuana initiated act; Issue 7 votes won't count, but those on rival Issue 6 will . December 11, 2020 . Arkansas Democrat-Gazette . October 28, 2016 . https://web.archive.org/web/20180825050226/https://www.arkansasonline.com/news/2016/oct/28/court-strikes-medical-pot-initiated-act/ . August 25, 2018.
  14. News: How Medical Cannabis Will Be Implemented in Arkansas . April 18, 2019 . The Free Weekly . November 16, 2016.
  15. News: DeMillo . Andrew . In the weeds: Long road to medical pot's start in Arkansas . April 18, 2019 . Associated Press . November 11, 2016.
  16. News: Grabenstein . Hannah . Arkansas' first medical marijuana dispensary opens its doors . May 20, 2019 . Associated Press . May 11, 2019.
  17. News: Field . Hunter . MAP: List's out on 1st 32 medical marijuana buy sites in Arkansas . May 20, 2019 . Arkansas Democrat-Gazette . February 6, 2019.
  18. Web site: Arkansas Issue 4, Marijuana Legalization Initiative (2022) . Ballotpedia . September 28, 2022.
  19. News: DeMillo . Andrew . Recreational marijuana measure OK'd for Arkansas ballot . September 28, 2022 . Associated Press . September 22, 2022.
  20. News: Angell . Tom . Arkansas Supreme Court Says Votes Will Be Counted For Marijuana Initiative On November Ballot . September 28, 2022 . Marijuana Moment . September 22, 2022.
  21. News: Medley . Robert . Recreational marijuana question falls short in Arkansas . November 10, 2022 . Southwest Times Record . November 8, 2022.
  22. Web site: Arkansas Issue 4, Marijuana Legalization Initiative (2022) . Ballotpedia . November 10, 2022.
  23. News: Smith . Phillip . Election 2006: Local Marijuana Initiatives Win Across the Board . April 18, 2019 . stopthedrugwar.org . November 9, 2006.
  24. News: Victory Energizes 'Pot' Law Backers . April 18, 2019 . Northwest Arkansas Times . November 11, 2006.
  25. Web site: Fayetteville Lowest Law Enforcement and Prosecutorial Priority Policy Ordinance (2008) . Ballotpedia . April 18, 2019.
  26. News: Ryburn . Stacy . Report released on marijuana arrests, citations in Fayetteville . February 2, 2020 . Arkansas Democrat-Gazette . June 28, 2019.
  27. News: Kellogg . Sarah . City Board Of Directors Passes Ordinance De-Prioritizing Marijuana Offenses For Law Enforcement . May 19, 2021 . KUAR . May 19, 2021.
  28. News: Flaherty . Joseph . Little Rock board approves ordinance classifying misdemeanor pot offenses as lowest priority for police . May 19, 2021 . Arkansas Democrat-Gazette . May 19, 2021.

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