We know which candidates will be elected in November in Arkansas: Republicans at the statewide and national levels, and Republicans and Democrats wherever their parties dominate locally.
The proposed constitutional amendments on the ballot are where things could get interesting.
Arkansans will be voting on as many as five of them. The final number depends on if supporters of two of them have collected enough valid signatures, and what happens in the inevitable lawsuits that would follow.
One proposal would legalize recreational marijuana for adults. The other would remove Pope County, home of Russellville, as one of the four counties where casino gambling is legal.
Of the two, the Arkansas Adult Use Cannabis Amendment has the much better chance of fulfilling the signature requirement. Responsible Growth Arkansas submitted 192,828 signatures July 8, the last day to do so. That was twice the required 89,151, as reported by the Arkansas Democrat-Gazette. Amendment supporters need a cushion because many signatures will be disqualified.
Twice the required number should be more than enough, but opponents can challenge the signature-collecting process for technical violations. This tactic has been successful in the past.
The amendment would limit the number of cannabis licenses to 20 growers and 120 dispensaries. That includes operations that already have medical marijuana licenses.
It would not let people grow their own marijuana, and it would bar advertising and packaging targeted to children.
Laws and attitudes toward marijuana have changed dramatically in recent years.
Thirty-seven states and the District of Columbia now allow marijuana use for medical purposes, according to the National Conference of State Legislatures. Another 19 states and D.C. allow adults to use it for non-medical reasons.
In Arkansas, 53% of registered voters approved the Arkansas Medical Marijuana Amendment in 2016. There are 84,472 active patient cards in Arkansas. In a poll this February of likely voters by Talk Business & Politics and Hendrix College, roughly the same percentage – 53.5% – said recreational marijuana should be legal for adults. Another 32% said it should be legal for medical reasons. Only 10.5% said it should be illegal in all situations.
Those are favorable numbers for the amendment’s supporters. Its opponents’ best chance is to stop it in the courts. They can try to win the election, and they might. But supporters, which include those who want to grow and sell the drug, will have money on their side. For them, it’s a financial investment.
All of this is occurring while marijuana remains illegal under federal law.
Regardless of what one thinks about the drug, this is one of the most absurd legal situations in American history. How can something be legal in a state but illegal in the United States? But I digress.
The other citizen-initiated amendment would remove Pope County as the site for one of the state’s four casinos. Casinos are up and running at the other three locations made eligible by a constitutional amendment passed by 54% of the voters in 2018 – at Oaklawn in Hot Springs, at Southland in West Memphis, and in Pine Bluff. Plans have
been made for the $225 million Legends Resort & Casino in Pope County.
But in Pope County, 60.6% voted against that amendment in 2018. On July 8, Fair Play for Arkansas 2022 submitted 103,000 signatures to keep the casino from being built.
The number will almost certainly fall below 89,151 once the secretary of state’s office verifies them. There’s also a minimum number of signatures required in at least 15 counties, so supporters couldn’t just load up in Pope County.
If they’re short, they would have a 30-day “cure period” to collect more signatures, provided they had collected 75% of the required number statewide and in those 15 counties.
In the meantime, three other proposed amendments were referred to voters by legislators. Those don’t require signatures, so you can expect them to be on the ballot. One would require 60% support for ballot measures like these to pass, rather than the simple majority that’s required now. Another would allow lawmakers to call themselves into session; currently, the governor must do it. A third would limit the government’s ability to restrict a person’s freedom of religion.
We’ll cover all of this more as the election season progresses. It could get interesting.
Steve Brawner is a syndicated columnist published in 17 outlets in Arkansas. Email him at brawnersteve@mac.com . Follow him on Twitter at @stevebrawner.
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