(LITTLE ROCK, AR) – In a tremendous victory for public health and safety, the Arkansas State Supreme Court today ruled in favor of Protect Arkansas Kids’ legal challenge to the state’s marijuana legalization ballot initiative.
In a 4-3 ruling, the Court declared the ballot title for the proposed constitutional amendment with the popular name “Medical Marijuana Amendment of 2024” was misleading because it indicated to voters that the proposed amendment only concerns marijuana for medical purposes, yet it seeks to legalize possession of up to an ounce of marijuana for all purposes if triggered by federal action. The Court found that the popular name of the ballot title does not inform voters that they would be amending article 5, section 1 of the Arkansas Constitution, which is likewise wholly unrelated to medical marijuana. Article 5, section 1 governs the ballot-initiative process.
It also agreed with the argument of Protect Arkansas Kids that the ballot title does not adequately inform voters that it is stripping the elected General Assembly of its ability to alter Amendment 98.
Luke Niforatos, spokesperson for Protect Arkansas Kids and executive vice president for Smart Approaches to Marijuana Action (SAM Action), issued the following comment in response to the Court’s ruling:
“Today is a tremendous victory for the health and safety of our kids, and for honesty in our electoral process. This ballot initiative was built on misinformation and half-truths, which epitomizes how Big Marijuana has relentlessly pushed commercial marijuana and THC drugs for ‘medicinal’ use. The reality is this ballot initiative wasn’t about those suffering from debilitating pain, PTSD, cancer or other serious medical conditions. It was about legalizing addictive, highly potent drugs under the guise of medicine. These drugs are known to have serious physical and mental health consequences, and medical and scientific data proves they are associated with depression, suicidality, psychosis and schizophrenia, especially for young people.
“More drugs do not make communities safer and public opinion doesn’t make something ‘medicine.’ The widespread normalization of so-called ‘medical marijuana’ is giving people, especially those suffering from serious and potentially debilitating PTSD and chronic pain false hope. It sends a message that marijuana use is safe and beneficial in order to drive profits. These drug companies are using flashy marketing schemes to promote industrialized THC-products that won’t the cure-all they claim, but will serve to hook a new generation of users who will fuel the profits of Wall Street investors.”
“Raw, crude marijuana is not approved by the FDA to treat any conditions. We have no issue with FDA-approved medications, but that is the process medicines should go through, not popularity contests.
“We are grateful to the Arkansas Supreme Court justices for agreeing with us. Arkansans can rest assured we will be prepared to again combat any effort to normalize and legalize drugs in the state should another initiative advance again in 2026.”