Bill would delay medical marijuana until legal nationwide

A bill filed by Sen. Jason Rapert, R-Conway, would make medical marijuana illegal in Arkansas until it’s legal in the United States.

Senate Bill 238 would delay the law’s effective date until all of the Arkansas Medical Marijuana Amendment, along with its enabling legislation, complies with federal law. The amendment can be amended by a two-thirds vote of the General Assembly.

“When I took office I swore an oath to uphold the laws of the United States and the state of Arkansas,” he said in a statement released by the Senate Information Office. “I do not intend to break my oath. Marijuana is illegal under the Federal Controlled Substance Act of 1970, which also declares marijuana has no medicinal benefit. The federal law must be changed for Arkansas to legally allow marijuana – this is due to the Supremacy Clause of the U.S. Constitution.”

Rapert said that if marijuana is made legal under U.S. law, he would support using its extracts for medicinal purposes.

Arkansas voters in November approved the amendment by a 53-47% majority. Rapert said, “I am for the will of the people in Arkansas being heard. I am not for violating clear federal law and being complicit with breaking U.S. law by promulgating statutes that are illegal.”

Rapert said that Arkansas voters had approved constitutional amendments to ban abortions and gay marriage, but those had been struck down because of a conflict with state law. The same applies to the amendment.

“We should have no laws at all if they are not going to be respected,” he said.

Earlier today, Gov. Asa Hutchinson was asked in a press availability about possible legislation that would make accessing the drug by smoking it illegal.

“When the voters supported medical marijuana, I would suspect that most of them had in mind the visual of smoking it, and so that carries some weight,” he said. “It was the voters’ intent. You balance that with the fact that this is medicine. It’s not recreational. And so if you want to know how do you best deliver medicine, who do you talk to, that should be the medical community that determines what is the best means of delivering medicine.”

David Couch, sponsor of the Arkansas Medical Marijuana Amendment, disagreed with Rapert’s contentions, saying he was “just grandstanding to his base.”

“Sen. Rapert took an oath to uphold the Constitution of the state of Arkansas, and the Arkansas Medical Marijuana Amendment is in the Constitution,” Couch said.

Couch referred to an opinion issued Wednesday by Attorney General Leslie Rutledge. Asked if legislators are obligated to facilitate the manufacture and distribution of cannabis in violation of federal law, she wrote, “The actions required of the General Assembly under the (amendment) appear to be mandatory under the plain terms of the Amendment.”

Three other pieces of medical marijuana-related legislation filed Thursday included:
• House Bill 1369 by Rep. Doug House, R-North Little Rock, which would create an Arkansas Medical Marijuana Implementation and Operations Fund for money collected from medical marijuana taxes;

• House Bill 1370 by House, which would require cultivation facilities and dispensaries as a condition of licensure to avoid actions that would attract children to the product; and

• House Bill 1371 by House, which would clarify that at least 60% of dispensaries and cultivation facilities must be owned by Arkansas residents.