The language of an Arkansas ballot initiative that would legalize limited cannabis use, sales and cultivation was shot down by Arkansas Attorney General Dustin McDaniel for being to ambiguous this week, forcing supporters back to the drawing board. Read the entire proposal below.
As linked on the Arkansans for Medical Cannabis Facebook page (yes, Facebook page – they don’t seem to have a website), the full text of the measure reads:
Section 1
We,the citizens of Arkansas hereby amend the Constitution of Arkansas to allow the legal residents of Arkansas the right to cultivate, manufacture, distribute, sell and use the cannabis plant (genus cannabis)and all products derived from the cannabis plant(genus cannabis)within the legal boundaries of the state of Arkansas.
Section 2
This amendment shall take effect six months after passage.
That’s it. Simple, right? That’s what author Robert L. Reed thought.
Apparently it’s too simple. According to McDaniel, the bill doesn’t define a “legal resident”, nor does it clarifiy who would be in charge of regulating commercial production and sales of the plant.
This isn’t the first time that a Reed-backed marijuana bill has failed to gain approval from McDaniel’s office. His last attempt at a marijuana proposal was a 2013 medical cannabis initiative that would have allowed the compassionate use of cannabis for people with debilitating and terminal illness was shot down last March. McDaniel criticized that bill for having a “lack of focus” and being ambiguous as well.
According to NORML, possession of four ounces or less in Arkansas is a misdemeanor charge with up to a year in jail and $2,500 in fines. Get caught a second time with that amount, and it’s a felony charge with up to 6 years and $10,000 to the state. Cultivation penalties fall under possession or possession with intent to distribute, which could mean up to 30 years in the state penitentiary when you start talking about pounds of pot.
