Votes for Arkansas Issue 4, a marijuana legalization initiative on the November ballot, will be counted after the Arkansas Supreme Court overturned the Arkansas State Board of Election Commissioners’ decision to not certify the initiative’s ballot title.
Responsible Growth Arkansas, the campaign behind the marijuana legalization initiative, submitted more than 190,000 signatures on July 8. The Arkansas secretary of state announced on July 29 that the campaign had submitted more than the required number of valid signatures (89,151) and qualified for the ballot.
On Aug. 3, 2022, the election commissioners declined to certify the ballot title and popular name for the initiative, stating that the language was misleading. The next day, Responsible Growth Arkansas filed a lawsuit in the state Supreme Court. The campaign said the board “[thwarted] the will of the people and their right to adopt laws by initiative.” The campaign requested an expedited review because the deadline for the secretary of state to certify measures for the 2022 ballot was August 25. On August 11, the state Supreme Court ordered the secretary of state to certify the measure for the ballot.
Under Issue 4, adults 21 years old and older would be authorized to possess up to one ounce of marijuana. Adults could possess up to one ounce of marijuana. By March 7, 2023, businesses that already hold licenses under the state’s medical marijuana program would be authorized to sell adult-use marijuana at their existing dispensaries and one additional location for adult-use marijuana sales only. By July 5, 2023, an additional 40 licenses would be given to businesses chosen by a lottery and would need to be located at least five miles away from a dispensary with an active license. The Alcoholic Beverage Control (ABC) Division of the Department of Finance and Administration would regulate the program and provide for licensing.
Responsible Growth Arkansas has raised $4.01 million according to campaign finance reports covering information through August 31. The campaign said Issue 4 would “[support] law enforcement salaries and bolster local police budgets so that our officers can go after serious crime,” “[improve] the Arkansas’ existing medical marijuana program by removing burdensome taxes that are currently being paid by qualified patients receiving medical treatment,” and “safely legalize the sale of cannabis to adults 21 and older and create revenue that goes to more funding for local police departments.”
Safe and Secure Communities registered to oppose the initiative and has raised $2 million. Safe and Secure Communities said, “We’re on a mission to save Arkansas from the destructive effects of legalized drugs, and we need your support. Many cities around the nation are destroyed, and now Arkansas is at risk. Help keep Arkansas communities secure and our citizens safe. The pot industry is directly targeting kids, even though hundreds of scientific studies show that marijuana – especially today’s high-potency weed – permanently damages the teenage brain. Teens who smoke pot regularly drop out at twice the rate of non-users, and as adults they earn less and have a lower IQ. Marijuana-related policy changes, including legalization, have significant unintended consequences for children, adolescents, and cities large and small.”
Marijuana legalization measures are certified to appear on the 2022 ballot in Maryland, Missouri, North Dakota, and South Dakota. Currently, 19 states and Washington, D.C., have legalized the possession and personal use of marijuana for recreational purposes. Eleven states and D.C. had legalized marijuana through the ballot initiative process. A marijuana legalization initiative targeting the 2022 ballot in Oklahoma was ordered to appear on the 2024 ballot after legal challenges were not resolved before state deadlines to print ballots.
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