Proposed legislation would prohibit all medical marijuana advertising in Arkansas

by Steve Brawner ([email protected]) 312 views 

Bills were filed Friday by the primary sponsor of medical marijuana legislation to prohibit advertising for medical marijuana products, to shift the Arkansas Medical Marijuana Commission to the Department of Finance and Administration, and to allow regulatory agencies to collect fines and fees.

House Bill 1508 by Rep. Doug House, R-North Little Rock, would prohibit all advertising for medical marijuana. It states that no individual or entity could “advertise, publicize, promote, or market medical marijuana, any product containing tetrahydrocannabinol, the use of medical marijuana, or services associated with medical marijuana.”

Those limitations would include physician services, designated caregiver services, providing free samples, or providing coupons or “other promotional flyers.” Violators would be subject to fines of $100 per violation per day.

Dispensaries or cultivation facilities would not be able to use symbols commonly associated with medical or pharmaceutical services or health care in general, including a cross of any color or a caduceus, with violators subject to fines of $100 per violation per day.

Green crosses are commonly posted by medical marijuana dispensaries in other states. The caduceus is the familiar medical symbol featuring two snakes wound around a winged staff.

Rep. House wrote the bill after being requested to do so by Rep. Lane Jean, R-Magnolia, the House chairman of the Joint Budget Committee, at a meeting of the House Rules Committee Feb. 8. Rep. House, an attorney, has been the primary sponsor of enabling medical marijuana legislation in the House of Representatives. He was assigned that task by Speaker of the House Jeremy Gillam, R-Judsonia, prior to the November election when voters approved the Arkansas Medical Marijuana Amendment.

House Bill 1519 by House would make the Medical Marijuana Commission a part of the Department of Finance and Administration. The five-member commission, which determines licensure qualifications for cultivation facilities and dispensaries, was created by the amendment as an independent body, but in practice it receives receives staff support from DFA.

House Bill 1507 by House would allow the collecting of fees and fines by the agencies responsible for regulating the product: the Medical Marijuana Commission, the Department of Health, and DFA’s Alcoholic Beverage Control Division.