Arkansas Issue 4, Marijuana Legalization Initiative (2022)

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Arkansas Issue 4
Flag of Arkansas.png
Election date
November 8, 2022
Topic
Marijuana
Status
Defeatedd Defeated
Type
Constitutional amendment		 Origin
Citizens

Arkansas Issue 4, the Marijuana Legalization Initiative, was on the ballot in Arkansas as an initiated constitutional amendment on November 8, 2022. The measure was defeated.

A "yes" vote supported legalizing the possession and use of up to one ounce of marijuana for persons who are at least 21 years old, enacting a 10% tax on marijuana sales, and requiring the state Alcoholic Beverage Control Division to develop rules to regulate marijuana businesses.

A "no" vote opposed legalizing marijuana for personal use in Arkansas.


Election results

Arkansas Issue 4
Result Votes Percentage
Yes 392,938 43.75%

Defeated No

 505,128 56.25%
Results are officially certified.
Source

Overview

What would Issue 4 have done?

See also: Measure design

The measure would have legalized marijuana use for individuals 21 years of age and older and would have authorized the commercial sale of marijuana with sales to be taxed at 10 percent. Of the tax revenue, 15 percent would have been used to fund an annual stipend to all full-time law enforcement officers certified by the Commission on Law Enforcement Standards and Training that are in good standing. Adults could have possessed up to one ounce of marijuana. Under the amendment, businesses that already held licenses under the state's medical marijuana program would have been authorized to sell marijuana at their existing locations and could have established one additional location for commercial sale only. An additional 40 licenses would have been given to businesses chosen by a lottery.[1]

Who was behind the campaigns surrounding the initiative?

See also: Support, Opposition, and Campaign finance

Responsible Growth Arkansas sponsored the initiative. The committee raised $14.15 million according to campaign finance reports covering through November 8, 2022. Responsible Growth Arkansas said, "We all know that funding and supporting the police is important. Our brave men and women in law enforcement deserve our support. You can vote to support our law enforcement by voting for Issue 4 this election. Issue 4 will safely legalize the sale of cannabis to adults 21 and older, and creates revenue that goes to more funding for local police departments, more funding for protecting our communities, more funding for safer streets. A vote for Issue 4 is a vote to support our police."

Safe and Secure Communities registered to oppose the initiative. The committee raised $2.29 million according to campaign finance reports covering through November 30, 2022. The group 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."[2]

What is the status of recreational marijuana in the United States?

See also: Background

Going into the election, 19 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.[3][4][5]

  • In 11 states and D.C., the ballot initiative process was used to legalize marijuana.
  • In one state, the legislature referred a measure to the ballot for voter approval.
  • In seven states, bills to legalize marijuana were enacted into law.

Marijuana legalization measures were on the 2022 ballot in Arkansas, Maryland, Missouri, North Dakota, and South Dakota. The measures were approved in Maryland and Missouri and were defeated in Arkansas, North Dakota, and South Dakota.

Measure design

Marijuana use and possession

Adults 21 years old and older could have possessed up to one ounce of marijuana, including stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes, and other portions of the cannabis plant, and any mixture or preparation of marijuana products.[1]

Beginning on March 8, 2023, all medical marijuana products currently being sold would have been authorized for retail sale.[1]

The Arkansas General Assembly would have been prohibited from amending the provisions of the amendment. The amendment could have only been amended in the future by a popular vote of the people.[1]

Marijuana business licensing

By March 7, 2023, businesses that already held licenses under the state's medical marijuana program would have been authorized to sell adult-use marijuana at their existing dispensaries and at one additional location for adult-use marijuana sales only. By July 5, 2023, an additional 40 licenses would have been given to businesses chosen by a lottery and would have needed to be located at least five miles away from a dispensary with an active license. A maximum of 120 adult use dispensary licenses could have been issued under the amendment.[1]

Adult-use dispensaries would have needed to be located at least 1,500 feet from a school, church, daycare center, or facility for individuals with developmental disabilities. The distance requirement for marijuana cultivation facilities would have been 3,000 feet.[1]

A political subdivision could have prohibited commercial marijuana sales in the jurisdiction by a majority vote of the people on a local initiative.[1]

The Alcoholic Beverage Control Division of the Arkansas Department of Finance and Administration would have been responsible for establishing rules and regulations for adult-use marijuana. The Alcoholic Beverage Control Division would have been required, by March 7, 2023, to enact rules regarding:[1]

  • security and inventory requirements for cultivation facilities and dispensaries;
  • standards for marijuana packaging and labeling, including packaging that would not appeal to children;
  • licensing requirements and procedures for cultivation facilities and dispensaries;
  • requirements and processes for oversight, inspection, investigation, and record-keeping requirements for commercial establishments; and
  • other rules necessary to implement the amendment.

Taxation and tax revenue

In addition to state and local sales tax, an additional 10 percent tax would have been levied on retail sales of marijuana.

Tax revenue from marijuana sales would have been used as follows:[1]

  • 15 percent to fund an annual stipend to full-time law enforcement officers that are certified and in good standing by the Commission on Law Enforcement Standards and Training;
  • 10 percent to fund the operations of the University of Arkansas for Medical Sciences;
  • 5 percent to fund drug court programs (programs that offer drug counseling and education with case dismissal and record sealing if completed); and
  • sufficient funds, in combination with revenues from commercial facilities' licensing fees, to fund the operating expenses of the Alcohol Beverage Control Board (ABC), the Department of Health, and the Medical Marijuana Commission for regulating adult-use marijuana; and
  • remaining revenues appropriated to the general fund.

The initiative would have removed the tax on cultivation, manufacturing, and sales of medical marijuana and would have prohibited the state or local government from enacting a tax on medical marijuana.[1]

Text of measure

Popular name

The popular name was as follows:[1]

“ An amendment to authorize the possession, personal use, and consumption of cannabis by adults, to authorize the cultivation and sale of cannabis by licensed commercial facilities, and to provide for the regulation of those facilities.[6] ”

Ballot title

The ballot title for this initiative was as follows:[1]

“ An amendment to the Arkansas Constitution authorizing possession and use of cannabis (i.e., marijuana) by adults, but acknowledging that possession and sale of cannabis remain illegal under federal law; authorizing licensed adult use dispensaries to sell adult use cannabis produced by licensed medical and adult use cultivation facilities, including cannabis produced under Amendment 98, beginning March 8, 2023 and amending Amendment 98 concerning medical marijuana in pertinent part, including: amending Amendment 98, § 3(e) to allow licensed medical or adult use dispensaries to receive, transfer, or sell marijuana to and from medical and adult use cultivation facilities, or other medical or adult use dispensaries, and to accept marijuana seeds from individuals legally authorized to possess them; repealing Amendment 98, § 8(c) regarding residency requirements; repealing and replacing Amendment 98, §§ 8(e)(5)(A)-(B) and 8(e)(8)(A)-(F) with requirements for child-proof packaging and restrictions on advertising that appeals to children; amending Amendment 98, § 8(k) to exempt individuals owning less than 5% of dispensary or cultivation licensees from criminal background checks; amending Amendment 98, § 8(m)(1)(A) to remove a prohibition on dispensaries supplying, possessing, manufacturing, delivering, transferring, or selling paraphernalia that requires the combustion of marijuana; amending Amendment 98, § 8(m)(3)(A)(i) to increase the marijuana plants that a dispensary licensed under that amendment may grow or possess at one time from 50 to 100 plus seedlings; amending Amendment 98, § 8(m)(4)(A)(ii) to allow cultivation facilities to sell marijuana to dispensaries, adult use dispensaries, processors, or other cultivation facilities; amending Amendment 98, §§ 10(b)(8)(A) and 10(b)(8)(G) to provide that limits on the amount of medical marijuana dispensed shall not include adult use cannabis purchases; amending Amendment 98, §§ 12(a)(1) and 12(b)(1) to provide that dispensaries and dispensary agents may dispense marijuana for adult use; amending Amendment 98, § 13(a) to allow medical and adult use cultivation facilities to sell marijuana to adult use dispensaries; repealing Amendment 98, § 17 and prohibiting state or local taxes on the cultivation, manufacturing, sale, use, or possession of medical marijuana; repealing Amendment 98, § 23 and prohibiting legislative amendment, alteration, or repeal of Amendment 98 without voter approval; amending Amendment 98, § 24(f)(1)(A)(i) to allow transporters or distributors licensed under Amendment 98 to deliver marijuana to adult use dispensaries and cultivation facilities licensed under this amendment; requiring the Alcoholic Beverage Control Division of the Department of Finance and Administration (“ABC”) to regulate issuance and renewal of licenses for cultivation facilities and adult use dispensaries and to regulate licensees; requiring adult use dispensaries to purchase cannabis only from licensed medical or adult use cultivation facilities and dispensaries; requiring issuance of Tier One adult use cultivation facility licenses to cultivation facility licensees under Amendment 98 as of November 8, 2022, to operate on the same premises as their existing facilities and forbidding issuance of additional Tier One adult use cultivation licenses; requiring issuance of adult use dispensary licenses to dispensary licensees under Amendment 98 as of November 8, 2022, for dispensaries on their existing premises and at another location licensed only for adult use cannabis sales; requiring issuance by lottery of 40 additional adult use dispensary licenses and 12 Tier Two adult use cultivation facility licenses; prohibiting cultivation facilities and dispensaries near schools, churches, day cares, or facilities serving the developmentally disabled that existed before the earlier of the initial license application or license issuance; requiring all adult use only dispensaries to be located at least five miles from dispensaries licensed under Amendment 98; prohibiting individuals from holding ownership interests in more than 18 adult use dispensaries; requiring ABC adoption of rules governing licensing, renewal, ownership transfers, location, and operation of cultivation facilities and adult use dispensaries licensed under this amendment, as well as other rules necessary to administer this amendment; prohibiting political subdivisions from using zoning to restrict the location of cultivation facilities and dispensaries in areas not zoned residential-use only when this amendment is adopted; allowing political subdivisions to hold local option elections to prohibit retail sales of cannabis; allowing a state supplemental sales tax of up to 10% on retail cannabis sales for adult use, directing a portion of such tax proceeds to be used for an annual stipend for certified law enforcement officers, the University of Arkansas for Medical Sciences and drug court programs authorized by the Arkansas Drug Court Act, § 16-98-301 with the remainder going into general revenues, and requiring the General Assembly to appropriate funds from licensing fees and sales taxes on cannabis to fund agencies regulating cannabis; providing that cultivation facilities and adult use dispensaries are otherwise subject to the same taxation as other for-profit businesses; prohibiting excise or privilege taxes on retail sales of cannabis for adult use; providing that this amendment does not limit employer cannabis policies, limit restrictions on cannabis combustion on private property, affect existing laws regarding driving under the influence of cannabis, permit minors to buy, possess, or consume cannabis, or permit cultivation, production, distribution, or sale of cannabis not expressly authorized by law; and prohibiting legislative amendment, alteration, or repeal of this amendment without voter approval.[6] ”

Full text

The full text of the ballot measure is below:

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative proponents wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 21, and the FRE is 7. The word count for the ballot title is 35.

The FKGL for the ballot summary is grade level 20, and the FRE is -1. The word count for the ballot summary is 805.

Support

Arkansasissue4support.png

Responsible Growth Arkansas led the campaign in support of the initiative. [7]

Supporters

Candidates

Former Officials


Arguments

  • Arkansas gubernatorial candidate Chris Jones (D): "My stance on cannabis? Same as it has been — Legalize and decriminalize it. Democratize access for a wide and diverse set of entrepreneurs. Leverage the revenue opportunity to invest in an Arkansas where everyone can thrive. Arkansans have a right to the ballot initiative process and should be able to have a say in whether or not recreational marijuana is approved in this state. The ballot initiative process is one of the few ways Arkansans get to have a seat at the table."
  • Responsible Growth Arkansas: "We all know that funding and supporting the police is important,. Our brave men and women in law enforcement deserve our support. You can vote to support our law enforcement by voting for Issue 4 this election. Issue 4 will safely legalize the sale of cannabis to adults 21 and older, and creates revenue that goes to more funding for local police departments, more funding for protecting our communities, more funding for safer streets. A vote for Issue 4 is a vote to support our police."
  • Steve Lancaster, counsel for Responsible Growth Arkansas: "I think ultimately we’re in Arkansas, and there are some things we can get and some things I don’t think voters are ready to give. What we did was try to put together an amendment we think would be satisfactory to Arkansas voters. The issues like expungement and things like that, I don’t think any of us have any opposition to that."
  • Lance Huey, former Arkansas State Police trooper: "The funding for law enforcement, for drug courts, for UAMS for research - I think that as a career law enforcement officer, and now that I’m in the Arkansas cannabis business - one of the questions that everybody always asks or statements that people make to me, I just wish they would legalize it and tax it and use the money for the common good."
  • Chris Jones (D), gubernatorial candidate: "[T]his initiative is a good first step toward Arkansas embracing a pragmatic cannabis policy."


Opposition

Safeandsecurearkansas.png

Safe and Secure Communities led the campaign in opposition to the measure.[8]

Opponents

Officials

Candidates

Organizations

  • Arkansas Family Council
  • Arkansas NORML

Individuals


Arguments

  • Sarah Huckabee Sanders (R), gubernatorial candidate: "I don't think that with the drug epidemic that we have across this state, frankly across the country, that adding and giving more access to that does anything to benefit Arkansas, so I certainly wouldn't be supportive of that."
  • Arkansas Governor Asa Hutchinson (R): "[Supporters are] going to sell this as something that’s going to help law enforcement. And so, once again, they’re selling a harmful drug to the citizens of Arkansas based upon promises that looks good."
  • Melissa Fults of Arkansas NORML: "[Arkansas NORML's 2024 initiative is] the only people-oriented option. ... When you control the industry, you can set the prices to whatever you want to and make people pay it. [Issue 4] would also destroy the medical industry we worked so hard to build. It’s worth the risk to vote ‘No'. Something is not always better than nothing. This is not better than nothing. This is actually worse."
  • David Couch, attorney and drafter of Arkansas' 2016 medical marijuana amendment: "It has set up a system where you are going to have very few individuals controlling the marijuana market in Arkansas, and that is just not good for consumers."
  • Safe and Secure Communities: "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."


Media editorials

See also: 2022 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

Submit links to editor@ballotpedia.org.

Opposition

  • Arkansas Business Editorial Board: "Issue No. 4 would legalize recreational marijuana. Although we don’t necessarily oppose the legalization of recreational marijuana, we do oppose this effort. It would grant, if not a monopoly, then at least a huge head start to the existing medical marijuana cultivators and dispensers who were granted their licenses in a process that has been riddled with allegations of impropriety from the very beginning."


Campaign finance

See also: Campaign finance requirements for Arkansas ballot measures
The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through November 30, 2022.


Responsible Growth Arkansas sponsored the initiative. The committee raised $14.1 million and spent $14.2 million. The committee spent $2,253,440 on signature gathering with Advanced Micro Targeting and Verified Arkansas, LLC.[2]

Safe and Secure Communities registered to oppose the initiative. The committee raised $2.3 million and spent $2.3 million.[2]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $14,147,002.74 $0.00 $14,147,002.74 $14,239,037.28 $14,239,037.28
Oppose $2,298,696.19 $0.00 $2,298,696.19 $2,273,623.20 $2,273,623.20

Support

The following table includes contribution and expenditure totals for the committee in support of the initiative.[2]

Committees in support of Issue 4
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Responsible Growth Arkansas $14,147,002.74 $0.00 $14,147,002.74 $14,239,037.28 $14,239,037.28
Total $14,147,002.74 $0.00 $14,147,002.74 $14,239,037.28 $14,239,037.28

Donors

The following were the top donors to the support campaign.[2]

Donor Cash Contributions In-Kind Contributions Total Contributions
Good Day Farms Arkansas, LLC $3,150,000.00 $0.00 $3,150,000.00
Bold Team LLC $2,200,000.00 $0.00 $2,200,000.00
Osage Creek Cultivation, LLC $2,000,000.00 $0.00 $2,000,000.00
NSMC-OPCO LLC $700,000.00 $0.00 $700,000.00
DMCC LLC $435,000.00 $0.00 $435,000.00

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to Issue 4.[2]

Committees in opposition to Issue 4
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Safe and Secure Communities $2,298,696.19 $0.00 $2,298,696.19 $2,273,623.20 $2,273,623.20
Total $2,298,696.19 $0.00 $2,298,696.19 $2,273,623.20 $2,273,623.20

Donors

The following were the top donors to the opposition campaign.[2]

Donor Cash Contributions In-Kind Contributions Total Contributions
Ronald M. Cameron $1,250,000.00 $0.00 $1,250,000.00
Richard Uihlein $750,000.00 $0.00 $750,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: 2022 ballot measure polls
Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
Arkansas Issue 4, Marijuana Legalization Initiative (2022)
Poll
Dates
Sample size
Margin of error
Support
Oppose
Undecided
Talk Business & Politics-Hendrix College 09/12/2022 835 LV ± 3.8% 58.5% 29% 12.5%
Question: "On November 8th, voters will be asked to consider one proposed constitutional amendment proposed by the people. Issue 4 would authorize the possession, personal use, and consumption of cannabis by adults in Arkansas sold by licensed adult use dispensaries and provide for the regulation of those facilities. If the election were held today, would you vote for or against Issue 4?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Background

Recreational marijuana in the U.S.

As of June 2022, 19 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.[9][10][11][12]

  • In 11 states and D.C., the ballot initiative process was used to legalize marijuana.
  • In one state, the legislature referred a measure to the ballot for voter approval.
  • In seven states, bills to legalize marijuana were enacted into law.



The following table provides information about when and how recreational marijuana became legal.

Timeline and process of recreational marijuana legalization
State Year legalized Process used Votes on ballot measures
For Against
Colorado 2012 Initiative 55.32% 45.68%
Washington 2012 Initiative 55.70% 44.30%
Alaska 2014 Initiative 53.23% 46.77%
Oregon 2014 Initiative 56.11% 43.89%
Washington, D.C. 2014 Initiative 70.06% 29.94%
California 2016 Initiative 57.13% 42.87%
Maine 2016 Initiative 50.26% 49.74%
Massachusetts 2016 Initiative 53.66% 46.34%
Nevada 2016 Initiative 54.47% 45.53%
Michigan 2018 Initiative 55.89% 44.11%
Vermont 2018 Legislation N/A N/A
Illinois 2019 Legislation N/A N/A
Arizona 2020 Initiative 60.03% 39.97%
Montana 2020 Initiative 56.90% 43.10%
New Jersey 2020 Referral 67.08% 32.92%
New York 2021 Legislation N/A N/A
Virginia 2021 Legislation N/A N/A
New Mexico 2021 Legislation N/A N/A
Connecticut 2021 Legislation N/A N/A
Rhode Island 2022 Legislation N/A N/A

Comparison of ballot measures to legalize recreational marijuana

The following table compares a selection of ballot measure provisions, such as possession limits, local control, taxes, and revenue dedications.

Click "Show" to expand the table.

Political context of recreational marijuana ballot measures

The following table summarizes the political context surrounding recreational marijuana ballot measures, including whether the state's presidential voting history in the preceding three elections was Democratic, mixed, or Republican.

  • Among states with Democratic presidential voting histories, eight marijuana legalization ballot measures were approved and one was defeated.
  • Among states with Republican presidential voting histories, four marijuana legalization ballot measures were approved and six were defeated.
  • Among states with mixed presidential voting histories, three marijuana legalization ballot measures were approved and one was defeated.

Partisan control of the 15 states approving marijuana legalization measures was Democratic in four states, divided in five states, and Republican in six states. Partisan control of the eight states rejecting marijuana legalization measures was Democratic in one state, mixed in one state, and Republican in six states.

Click "Show" to expand the table.

Marijuana ballot measures in Arkansas

Arkansas voters established a medical marijuana program following voter approval of Issue 6 in 2016. It was approved by a vote of 53 percent in favor to 47 percent opposed. Voters rejected a medical marijuana initiative in 2012 by a vote of 51 percent opposed to 49 percent in favor.

Initiatives on the ballot in Arkansas

See also: List of Arkansas ballot measures

From 2012 to 2018, six citizen initiatives appeared on the ballot and had votes counted and results certified. Of the six measures, four were approved (66.67 percent) and two (33.33 percent) were defeated.

Since 2012, the Arkansas Supreme Court has invalidated nine citizen-initiated measures that had been certified for the ballot. In 2020, three citizen-initiated measures were certified for the ballot. Two were later blocked from appearing on the ballot. One appeared on the ballot, but votes for the measure were not counted or certified. In 2018, a citizen initiative was blocked from appearing on the ballot after having been certified. In 2016, three initiatives appeared on the ballot, but votes on the measures were not counted or certified. In 2012, two initiatives appeared on the ballot, but votes were not counted or certified.

2022 statewide ballot measures on marijuana

Below is a list of potential and certified state marijuana-related measures.

2022 certified measures:

  1. Maryland Question 4, Marijuana Legalization Amendment (2022) 

Reports and analyses

Note: The inclusion of a report, white page, or study concerning a ballot measure in this article does not indicate that Ballotpedia agrees with the conclusions of that study or that Ballotpedia necessarily considers the study to have a sound methodology, accurate conclusions, or a neutral basis. To read a full explanation of Ballotpedia's policy on the inclusion of reports and analyses, please click here.

The Arkansas Economic Development Institute published a report, commissioned by Responsible Growth Arkansas, on Issue 4 in September 2022.



The full report can be read here.

Path to the ballot

See also: Laws governing the initiative process in Arkansas

The state process

In Arkansas, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of the votes cast for governor in the most recent gubernatorial election. Proponents must collect signatures equaling at least half of the designated percentage of gubernatorial votes in at least 50 of the state's counties. There is no limit on how long an initiative petition can be circulated. Signature petitions must be submitted four months prior to the election at which the measure is to appear. According to a law approved by the state legislature in 2019 as an emergency taking immediate effect, initiative ballot titles and popular names are certified by the board of election commissioners (rather than the attorney general) after signatures are submitted (rather than before).

The requirements to get initiated constitutional amendments certified for the 2022 ballot:

  • Deadline: July 8, 2022—four months prior to the election

If the secretary of state certifies that enough signatures were submitted in a petition, the initiative is put on the ballot. If a petition fails to meet the signature requirement, but the petition has at least 75 percent of the valid signatures needed, petitioners have 30 days to collect additional signatures or demonstrate that rejected signatures are valid.

Details about this initiative

  • Former Arkansas State Representative Eddie Armstrong, III (D) filed the initiative and created the ballot measure committee Responsible Growth Arkansas to support the initiative.[14]
  • Sponsors reported submitting more than 190,000 signatures to the secretary of state's office on July 8, 2022.[15]
  • The secretary of state's office said enough valid signatures were submitted. The state board of election commissioners met on August 3 to consider the ballot title and popular name.[16]
  • On August 3, the Arkansas State Board of Election Commissioners declined to certify the ballot title and popular names for the initiative, as well as the Arkansas Repeal Authorization for Casino in Pope County Initiative. Fair Play for Arkansas 2022 said they were considering their options to challenge the board's decision. Responsible Growth Arkansas said they planned to challenge the board's decision with the Arkansas Supreme Court.[17][18]
  • On August 4, 2022, Responsible Growth Arkansas filed a lawsuit with the Arkansas Supreme Court challenging the board's decision.[19]
  • On August 11, the Arkansas Supreme Court ordered the Secretary of State to certify the measure for the ballot. Votes on the initiative may not be counted if the supreme court rules that the ballot language is misleading. Case briefs were scheduled to be filed with the supreme court through September 2, 2022.[20]

Sponsors of the measure hired Advanced Micro Targeting, Verified Arkansas and LLC to collect signatures for the petition to qualify this measure for the ballot. A total of $2,253,440.30 was spent to collect the 89,151 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $25.28.


State Election Board ballot language certification lawsuit

  
Lawsuit overview
Issue: Whether the ballot language for the initiative is unclear or misleading
Court: Arkansas Supreme Court
Ruling: Ruled in favor of plaintiffs; ballot language is sufficient
Plaintiff(s): Responsible Growth Arkansas Defendant(s): Arkansas State Election Board, Secretary of State John Thurston
Plaintiff argument:
The ballot language should have been certified by the State Election Board and is not misleading		 Defendant argument:
The ballot language was denied certification by the State Election Board because it is misleading

  Source: Marijuana Moment

On August 3, 2022, the Arkansas State Board of Election Commissioners declined to certify the ballot title and popular names for the initiative, alleging that they were misleading. On August 4, 2022, Responsible Growth Arkansas filed a lawsuit in the Arkansas 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, 2022. On August 11, the Arkansas Supreme Court ordered the Secretary of State to certify the measure for the ballot. Votes on the initiative may not be counted if the supreme court rules that the ballot language is misleading. Case briefs were scheduled to be filed with the supreme court through September 2, 2022.[21]

On September 14, 2022, the Arkansas secretary of state declared the measure insufficient to appear on the ballot because the State Board of Election Commissioners did not certify the ballot title and popular name.[22]

On September 22, 2022, the Arkansas Supreme Court ruled 5-2 to overturn the Board of Election Commissioners' decision that the measure's ballot language was misleading. In its majority opinion, the court wrote, "We give the ballot title a liberal construction and interpretation in order that it secure the purposes of reserving to the people this power. And we recognize that it is impossible to prepare a ballot title that would suit everyone. With these standards in mind, we conclude that the ballot title at issue is complete enough to convey an intelligible idea of the scope and import of the proposed amendment."[23]

How to cast a vote

See also: Voting in Arkansas

Click "Show" to learn more about voter registration, identification requirements, and poll times in Arkansas.

See also

External links

Footnotes

  1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 Responsible Growth Arkansas, "Arkansas Adult Use Cannabis Amendment," accessed July 8, 2022
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Arkansas Ethics, "Statewide ballot measure committees," accessed September 15, 2022
  3. ↑ Smart Approaches to Marijuana, "MJ Laws Map," accessed June 15, 2022
  4. ↑ Marijuana Policy Project, "Map of state marijuana laws," accessed June 15, 2022
  5. ↑ This number does not include South Dakota, where voters approved a marijuana legalization initiative in 2020 that was later struck down by the state's supreme court
  6. ↑ 6.0 6.1 6.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  7. ↑ Responsible Growth Arkansas, "Arkansas Adult Use Cannabis Amendment," accessed September 27, 2022
  8. ↑ Safe and Secure Communities, "Home," accessed September 12, 2022
  9. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named ncsl
  10. ↑ Smart Approaches to Marijuana, "MJ Laws Map," accessed June 15, 2022
  11. ↑ Marijuana Policy Project, "Map of state marijuana laws," accessed June 15, 2022
  12. ↑ This number does not include South Dakota, where voters approved a marijuana legalization initiative in 2020 that was later struck down by the state's supreme court
  13. ↑ Prior three elections before and/or including the election at which measure was voted on
  14. ↑ Marijuana Moment, "Former Arkansas Lawmaker Files Marijuana Legalization Initiative For 2022 Ballot To Compete With Two Other Measures," accessed January 31, 2022
  15. ↑ Marijuana Moment, "Arkansas Marijuana Campaign Submits Double The Signatures Needed To Qualify Legalization Ballot Initiative," accessed July 8, 2022
  16. ↑ Marijuana Moment, "Arkansas Officials Say Marijuana Legalization Initiative Has Enough Signatures For November Ballot," accessed August 2, 2022
  17. ↑ Arkansas Online, "Commission rejects casino amendment ballot title; proposal would have removed Pope County as site," accessed August 3, 2022
  18. ↑ Marijuana Moment, "Arkansas Marijuana Activists Plan To Defend Legalization Ballot Initiative In State Supreme Court After Officials Decline To Certify," accessed August 3, 2022
  19. ↑ Marijuana Moment, "Arkansas Marijuana Campaign Files Lawsuit To Put Legalization Measure On Ballot After State Board’s Rejection," accessed August 5, 2022
  20. ↑ Marijuana Moment, "Arkansas Marijuana Campaign Files Lawsuit To Put Legalization Measure On Ballot After State Board’s Rejection," accessed August 5, 2022
  21. ↑ Marijuana Moment, "Arkansas Marijuana Campaign Files Lawsuit To Put Legalization Measure On Ballot After State Board’s Rejection," accessed August 5, 2022
  22. ↑ Arkansas Online, "Arkansas secretary of state declares proposed marijuana ballot measure insufficient," accessed September 19, 2022
  23. ↑ Marijuana Moment, "Arkansas Supreme Court Says Votes Will Be Counted For Marijuana Initiative On November Ballot," accessed September 23, 2022
  24. ↑ Arkansas Code, "Title 7, Chapter 5, Subchapter 43," accessed April 3, 2023
  25. ↑ 25.0 25.1 Arkansas Secretary of State, "Voter Registration Information," accessed April 5, 2023
  26. ↑ 26.0 26.1 26.2 Arkansas Secretary of State, "A Pocket Guide to Voting in the Natural State," accessed April 3, 2023
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