Recreational Pot Question Back on Arkansas Ballot—But Will Votes Count?

The Arkansas Supreme Court this week said that a marijuana legalization proposal should be placed back on the state’s ballot, but it remains unclear whether the vote will ultimately mean anything.

It is the latest twist in what has become a messy dispute surrounding a campaign to end prohibition in the state. Earlier this month, the advocacy group Responsible Growth Arkansas filed an appeal to the state Supreme Court after the state Board of Election Commissioners rejected the group’s bid to get the proposed constitutional amendment on the ballot.

Organizers with Responsible Growth Arkansas submitted nearly 90,000 valid signatures––well above the threshold to qualify for the ballot––but the Board of Election Commissioners rejected the proposal because “commissioners said they didn’t believe the ballot title fully explained to voters the impact of the amendment,” according to the Associated Press.

“For example, commissioners said they were concerned that the amendment would repeal the state’s current limit under its medical marijuana amendment on how much THC is allowed in edible marijuana products,” the Associated Press reported.

Responsible Growth Arkansas objected to the board’s ruling, arguing that commissioners were asking for an unreasonable amount of information.

“The type of detail that the board expected, or demanded in this case, would make our ballot title thousands and thousands of words long,” Steve Lancaster, an attorney for Responsible Growth Arkansas, said after the board’s vote, as quoted by the Associated Press. “That just simply is not workable for a ballot.”

On Wednesday, the state’s high court sided with the group, but uncertainty remains high.

According to local television station KARK, “the Arkansas Supreme Court instructed Secretary of State John Thurston to certify the ballot title for [recreational] marijuana in order to place it on the November ballot,” which “will allow voters to vote in favor or against expanded access to marijuana in the state.”

But, the station noted, “it remains to be seen if the general election votes will be counted.”

KARK explains: “At issue is the deadlines for items to appear on the November ballot. Any proposed Arkansas constitutional amendment must be certified by the Secretary of State by August 25. The Supreme Court’s schedule, however, will not allow it to hear the case filed by Responsible Growth Arkansas, the group working to put recreational marijuana on the ballot, until September.”

“What that means is that we’re going to be on the ballot. You’re going to see the Responsible Growth Arkansas measure on your ballot. You’ll be able to cast a vote,” Lancaster said, as quoted by local station 4029 News. “But what’s going to happen in the interim is the Supreme Court will make its decision, and if they agree with us that our ballot title is good, then the votes will count. Otherwise, if the court decides that our ballot title is not sufficient, they’ll just never count those votes.”

“I’m confident that once the court looks at this, they’re going to agree with us that our ballot title is fine,” Lancaster continued. “So I’m, again, confident that … votes are going to count in November.”

Arkansas voters narrowly approved a ballot proposal in 2016 that legalized medical cannabis in the state.

A poll earlier this year found that a slight majority of Arkansas voters––53%–– believe that recreational cannabis should be made legal for adults aged 21 and older, while 32% said that it should only be legal for medical purposes.

Only about 10% of those polled said that cannabis should remain broadly illegal.