Secretary of State Thurston disqualifies medical marijuana amendment; advocacy group plans lawsuit (Update)

Arkansas Secretary of State John Thurston on Monday (Sept. 30) informed representatives of a group seeking to make changes to the state’s medical marijuana amendment that it had failed to collect enough signatures to make the November ballot. Arkansans for Patient Access, a ballot question committee supporting the measure, vowed to challenge the determination.

Thurston’s letter said only 10,521 signatures collected during a 30-day cure period “were deemed valid.”

“When that number is combined with the number of signatures previously deemed valid in the initial submission, the total number of signatures is 88,040,” Thurston wrote. “For a proposed constitutional amendment, the required number of overall signatures in 2024 is 90,704. Therefore, I am obligated to deem your petition insufficient.”

Thurston’s letter did not provide any further details, but Arkansans for Patient Access indicated a technicality tripped up around 20,000 signatures. The group said it submitted over 150,000 signature overall and from all 75 counties.

“Unfortunately, excluding 20,000 valid signatures collected during the cure period — due to an arbitrary, last-minute clerical rule change — is unfair and contrary to the democratic process. It appears that the certification of the Medical Marijuana Amendment of 2024 has been blocked for reasons unrelated to the proposal’s merits, with political motives influencing the decision,” the group said.

“We are deeply disappointed by this outcome and will pursue legal action tomorrow against the Secretary of State to ensure the voices of Arkansans are heard. The overwhelming support shown through the petition process proves that Arkansans want the opportunity to vote on expanded medical marijuana access. Arkansans for Patient Access will continue to fight for their right to make that decision at the ballot box this November,” the statement added.

UPDATE: Bill Paschall and Arkansans for Patient Access filed their lawsuit on Tuesday (Oct. 1). You can read the lawsuit here.

A recent Talk Business & Politics-Hendrix College Poll, showed that the medical marijuana proposal, referred to as Issue 3, had 54% support compared to 35.5% opposition.

The proposal would make a number of changes to an amendment passed by voters in 2016 that legalized medical marijuana. Those would include allowing access based on any medical need rather than the current list of qualifying ailments; allowing patients and designated adult caregivers to grow up to 14 marijuana plants; and allowing physician assistants, nurse practitioners and pharmacists to certify medical marijuana cards.

The amendment also would allow patients to be certified by visiting a medical practitioner via telemedicine. It also would make medical marijuana available to individuals who are not Arkansas residents. It would remove application fees for identification cards and would lengthen the expiration date for new cards from one year to three.

The amendment also includes a trigger law allowing adults to possess an ounce of cannabis if marijuana is no longer listed on the federal government’s Schedule of Controlled Substances or if Congress changes the law so that marijuana possession is no longer a federal crime.