The Arkansas Supreme Court orders the state to continue counting 18,000 signatures for the medical marijuana expansion initiative

The Arkansas Supreme Court has ordered the secretary of state to continue counting about 18,000 signatures for a ballot initiative to expand medical marijuana, despite his argument that they were invalid because of the way the petitions were processed.

Secretary of State John Thurston (R) told Arkansans for Patient Access (APA) on Monday that after reviewing the 150,000 signatures submitted as part of the campaign last month, only 88,040 were valid while they needed 90,704. The lawyers immediately filed a lawsuit with the Supreme Court challenging that decision and requesting an expedited hearing, which the justices have now granted.

The secretary of state faces a Friday deadline to review the 18,000 signatures that he declined to count because the petitions were signed by representatives of an outside canvassing firm hired by the campaign, rather than the amendment's sponsor. Although he must count the petitions, the measure's fate still depends on how the court ultimately comes to the legal issues surrounding the paperwork.

The campaign had also asked the court to appoint a special counsel to review the case, but that request was denied. The justices separately agreed to allow the prohibition group Protect Arkansas Kids to participate in the case. Opening letters are due Friday and response letters must be submitted by Monday.

Chief Justice Dan Kemp and Associate Justice Courtney Hudson have recused themselves from the case, the Arkansas Times reported. That means Gov. Sarah Huckabee Sanders (R) will have to appoint a replacement — a less-than-ideal development for the campaign given her opposition to the initiative and marijuana reform in general.

The measure will definitely be on the ballot since the printing deadline has already passed. The question now is whether the results of the vote will actually be counted after Election Day.

After activists submitted an initial batch of petitions in early August, state officials said they did not have enough valid signatures at the time and initiated a 30-day processing period for the campaign to make up the difference. According to Thurston's office, they did not meet that goal.

The campaign pushed back against the state's action, emphasizing that supporters “submitted over 150,000 signatures from all 75 counties, showing clear support for a change that would remove barriers to access and reduce the cost of obtaining and maintaining a patient card for health care.” medical marijuana will decrease.” ”

“Unfortunately, the exclusion of 20,000 valid signatures collected during the healing period — due to an arbitrary, last-minute change in clerical rules — is unfair and contrary to the democratic process,” a campaign spokesman said in a statement after the secretary of state determined that none The number of signatures left was insufficient.

The marijuana proposal primarily aims to build on the state's existing medical cannabis program, which was created under a previous voter-approved measure. This would be accomplished by allowing medical professionals to provide patients with recommendations for any medical condition they see fit and allowing patients to grow their own marijuana at home.

Nurse practitioners, physician assistants, pharmacists and osteopathic physicians would be added to the list of professionals who could make these recommendations. Additionally, patients would only have to renew their medical marijuana cards after three years, as opposed to one year under the current law.

Additionally, the measure contains a trigger provision that would completely end cannabis prohibition in Arkansas if the federal government enacts legalization.

The initiative would also allow pharmacies to begin selling pre-rolled joints.

A recent poll found that a majority of likely voters in Arkansas support the initiative to significantly expand the state's medical marijuana program.

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The state's medical marijuana has grown in popularity since its introduction in 2019. In May, officials announced that at least 102,000 residents had registered for patient cards, exceeding expectations.

Meanwhile, a law went into effect in the state last August clarifying that patients who use medical marijuana can obtain a license to carry concealed firearms.

Arkansas voters rejected a ballot initiative that would allow for broader legalization of marijuana for adults in 2022.

Read the Arkansas Supreme Court's decision in the medical cannabis election case below:

The Justice Department says it would be “dangerous” to allow a Pennsylvania prosecutor who uses medical marijuana to possess a gun.

Photo courtesy of Philip Steffan.