While Arkansas approved its medical cannabis initiative back in 2016, there are still a number of limitations when compared to other states that have made similar moves. 

For example, patients can only purchase up to 2.5 ounces of medical cannabis in a 14-day period, patients under 21 cannot consume herbal forms of cannabis, dispensaries cannot provide cannabis-infused foods or drinks with more than 10mg of THC and home cultivation is not allowed, among other limitations.

With a newly proposed constitutional amendment, a cannabis industry group is looking to loosen some of the state’s current limitations. On Friday, Arkansans for Patient Access said it was submitting the ballot language for the Arkansas Medical Cannabis Amendment of 2024 to Arkansas Attorney General Tim Griffin, as reported by the Arkansas Advocate.

Potential Changes to the Arkansas Medical Cannabis Program

“The goal of this ballot proposal is to reaffirm and build upon Amendment 98 to better serve patients,” said Amy Martin, owner of The Greenery dispensary in Fort Smith. “This amendment reflects a commitment to the principles established by the state’s voters. It reduces barriers and streamlines processes so qualifying patients can access the medicines and treatment options that best serve them.”

The ballot initiative introduces a number of changes to the current medical cannabis program. 

If passed, it would allow patients and designated caregivers over the age of 21 to grow up to seven mature plants and seven younger plants. Currently, only doctors can grant patients medical cannabis cards, though the amendment would also allow physician assistants, nurse practitioners and pharmacists to do so. 

It would also allow providers to grant medical cannabis cards based on any medical need, instead of being limited to the state’s current 18 qualifying conditions. Healthcare providers would also be allowed to conduct patient assessments via telemedicine.

Additionally, the amendment would expand access to out-of-state residents and recognize patient cards from other states, along with allowing non-residents to obtain Arkansas medical cannabis cards. The initiative would also remove application fees for prospective patients seeking medical cannabis cards and increase the expiration dates for new patient cards from one to three years.

Creating an Adult-Use Cannabis Trigger Law

Along with the proposed changes to the state’s current medical cannabis program, the proposal would also create a recreational cannabis trigger law. This comes in the midst of the Biden Administration’s ongoing consideration to reschedule cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA).

The trigger law would permit Arkansas adults to possess up to an ounce of cannabis should the federal government remove cannabis from the CSA or if cannabis possession is no longer considered a federal crime. The trigger provision would limit commercial growth and distribution to cultivation facilities and dispensaries currently licensed under the state’s medical cannabis law.

Arkansas previously attempted to legalize recreational cannabis in 2022 through Issue 4, which still came with a number of strict limitations, though it was ultimately rejected by voters.

Attorney David Couch drafted the state’s original Amendment 98 to legalize medical cannabis, and while he opposed the 2022 effort, he’s shown public support for this new initiative. Similarly, patient advocate Melissa Fults was against the 2022 measure but stands behind the new effort on behalf of Arkansans for Patient Access.

The attorney general will have 10 business days to review the measure and ballot language before indicating whether or not it is fit to appear on the upcoming Arkansas ballot for voters this November. Should it be approved, canvassers have until July 5 to gather 90,704 signatures from registered voters, which would effectively qualify the initiative for the ballot.

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A non-profit organization called Kind Idaho, which was originally founded in 2021, recently announced that it would be pushing for an initiative to legalize medical cannabis in 2024.

Kind Idaho has between now and April 2024 to collect enough signatures (at least 74,000) to qualify its Idaho Medical Marijuana Act for the ballot. According to Kind Idaho Treasurer Joe Evans, advocates are ready to make medical cannabis legalization a reality. “One of the things that we’re looking at is making sure that those are available and legal, without necessarily presenting the opportunity for abuse,” Evans told KTVB7. “So it’s a combination of education on what the potential uses are, and responsible use.”

Idaho is one of 12 states that have not yet legalized medical cannabis. Evans cites the success and safety of medical cannabis as a treatment option in comparison to opioids. “When it comes to patient advocacy seeing medical marijuana, which is a successful, nonlethal pain management program that is nearly impossible to overdose on, is one of those options that many are looking for simply because they don’t want to have to carry around the significant number of prescriptions, pain management, oxycodone, you know, opiates,” Evans said.

More importantly, Evans points out that legal access is paramount. “We want the opportunity for Idaho residents to succeed on their own terms. And for many of those people on their own terms, the best solution is medical marijuana,” Evans stated.

Starting Dec. 1, Kind Idaho will start attending events to promote education about medical cannabis, bolster a social media presence, and begin the signature collecting process. 

A recent poll from the Idaho Statesman shows that 68% of residents show support for medical cannabis legalization. However, advocates in Idaho have been attempting to make medical cannabis legalization a reality for the past 10 years without success.

The state saw its first official ballot initiative for medical cannabis in 2012, but it failed to get enough signatures to make it onto the ballot. In 2013, the Idaho legislature passed a resolution against cannabis in any form. That same year, advocates began collecting signatures for the 2014 ballot, but they were unable to collect enough signatures. New Approach Idaho collected signatures in 2015 which would have established a medical cannabis program and decriminalize small amounts, but the following year it withdrew the petition due to wording issues. Later in 2016, another ballot initiative surfaced. Even this year, a legalization effort began but was cut short due to lack of signatures.

Idaho Gov. Brad Little did sign House Bill 1265 in April 2021, which made Idaho the 50th state to legalize industrial hemp. In September 2022, the Idaho Department of Agriculture announced that hemp and CBD products are not recognized by the U.S. Food and Drug Administration, and therefore not allowed to be sold legally as feed for animals. “As such, these products are not approved feed ingredients and cannot lawfully be added to or incorporated into commercial feed. This includes feeds, treats and remedies intended for pets, livestock, or any other animal,” the Idaho Department of Agriculture said. This restriction took effect on Nov. 1.

Organizations such as the National Animal Group have spoken up about the restriction, urging legislators to lift the ban. “This decision will likely harm animals whose owners will no longer be able to access the products their pets rely on for a variety of health and wellness reasons,” stated a Change.org petition. “It will also have a serious economic impact on Idaho businesses that manufacture and sell these products.”

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