John Thurston, Arkansas secretary of state, has rejected a proposed amendment aimed at broadening access to medical cannabis. Thurston announced on Aug. 31, 2024, that the group advocating for the reform, Arkansans for Patient Access, had not gathered enough valid signatures to qualify for inclusion on the ballot.
The organization had been given an additional 30 days to collect more signatures but ultimately fell short of the required 90,074 valid signatures. According to Thurston, only 10,521 of the signatures collected throughout the extended period were verified as legitimate. When added to the previously accepted signatures, the total reached 88,040, falling short of the required threshold.
Issue 3, if approved, would have increased the list of medical ailments that can be treated with medical cannabis. Additionally, it would have simplified the licensing process for medical cannabis patients and allowed more healthcare providers to prescribe cannabis.
In response to Thurston’s announcement, the Arkansans for Patient Access released a statement expressing its dissatisfaction and plans to pursue legal action against the office of the Secretary of State. Officials from the organization argue that they submitted more than 150,000 signatures from all Arkansas counties, showcasing strong public backing for the amendment.
The group also claims that the exclusion of approximately 20,000 signatures gathered during the extended period was the result of an unfair, last-minute procedural change that undermines the democratic process.
The main point of contention is a particular requirement that the amendment’s sponsor sign the canvasser registration forms instead of a representative of the business that employs canvassers. This same issue also prevented another proposed change, related to abortion rights, from moving forward in the current election cycle.
Bill Paschall, a spokesperson for Arkansans for Patient Access, argued that the duty of filing canvasser registration documents can be delegated and cited a similar legal stance taken in a previous casino-related case.
While Issue 3 will still appear on this year’s November ballot, any votes cast for or against it will not be counted unless there is a legal resolution.
The conservative Family Council Action Committee hinted in a statement that there will be further litigation over the change. Jerry Cox, executive director of the committee, suggested that those supporting the amendment, which consists of major cannabis businesses in Arkansas and have invested nearly $2 million, would likely appeal to the state’s supreme court to overturn Thurston’s decision.
If this matter goes to the state’s highest court, it could attract the attention of a variety of industry and allied actors such as Innovative Industrial Properties Inc. (NYSE: IIPR) since the expansion of the medical cannabis program could bring full legalization one step closer in Arkansas. Full cannabis legalization has been seen to create broad economic opportunities for different industries and verticals.
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