LITTLE ROCK, Ark. — On Wednesday, June 14, an Arkansas judge voided 27 medical marijuana laws that were deemed 'unconstitutional' in relation to Amendment 98 (Arkansas Medical Marijuana Amendment), which legalized medical marijuana in Arkansas in 2016 after voters approved the measure.
The ruling, which was made by Judge Morgan "Chip" Welch, determined that lawmakers made changes to Amendment 98 without letting Arkansans vote on any changes to the law, which they are required to do.
Judge Welch said that these changes consequently took the power out of the hands of the people, which is why Welch deemed these amendments unconstitutional — voiding 27 of those laws.
Here's an in-depth look at each of the 27 medical marijuana laws that were voided after being 'unconstitutional.'
- Act 4 (2017): This law changed how rulemaking dates were set. This law also changed how application dates were set for dispensaries and cultivation facilities. You can read the full law here.
- Act 5 (2017): This law changes the definition of "written certification" in Amendment 98. You can read the full law here.
- Act 438 (2017): This law prohibited patients from using telemedicine as a way to obtain a written certification. You can read the full law here.
- Act 479 (2017): This law banned Arkansas National Guard members from being "designated caregivers" to qualifying patients. You can read the full law here.
- Act 544 (2017): This law changed what's deemed as an "excluded felony offense" in Amendment 98. You can read the full law here.
- Act 545 (2017): This law added criminal background checks to Amendment 98. You can read the full law here
- Act 587 (2017): This law allowed temporary licenses to be distributed to dispensaries or cultivation facilities. You can read the full law here.
- Act 593 (2017): This law changed employee protections and how 'written certification' is accepted for employees using medical marijuana.
- Act 594 (2017): This law changed the frequency in which licenses expire. Instead of expiring one year after getting the license, it instead expires June 30. You can read the full law here.
- Act 638 (2017): This law created the Medical Marijuana Commission, to determine qualifications for licensure. You can read the full law here.
- Act 639 (2017): This law allowed fines to be given for those who break the rules of agencies like the Medical Marijuana Commission. You can read the full law here.
- Act 640 (2017): This law regulated the advertising, marketing, packaging, and promotion for dispensaries and cultivation facilities. You can read the full law here.
- Act 641 (2017): This law allowed the dispensaries and cultivation facilities to transfer licenses. You can read the full law here.
- Act 642 (2017): This law added licenses for those who transport, distribute, and process medical marijuana. You can read the full law here.
- Act 670 (2017): This law changed the taxation of medical marijuana and how proceeds are distributed. You can read the full law here.
- Act 740 (2017): This law changed the locations in which Arkansans are able to smoke weed. You can read the full law here.
- Act 948 (2017): This law required the data of qualifying patients and dispensaries to be reported to the Arkansas All-Payer Claims Database. You can read the full law here.
- Act 1022 (2017): This law allowed seeds, cuttings, clones, and plants to be acquired by dispensaries. You can read the full law here.
- Act 1023 2017: This law made it to where packaging of medical marijuana would need to be child-proof and set THC limits. You can read the full law here.
- Act 1024 (2017): This law required dispensaries to make vaporizers available to qualifying patients and to appoint pharmacist consultants. You can read the full law here.
- Act 1099 (2017): This law established that a person under the influence of marijuana shouldn't be allowed on public school campuses. You can read the full law here.
- Act 1100 (2017): This law established security and safety requirements for cultivation facilities. Also changed how close a facility can be to a school and other buildings. You can read the full law here.
- Act 1 Ex. Sess (2017): This act was a series of technical corrections to Amendment 98. You can read the full act here.
- Act 8 Ex. Sess (2017): This Act worked as a way to integrate and incorporate all of the acts into law. You can read the full act here.
- Act 694 (2019): This act granted the ability to change spelling, correct errors, and make other changes. You can read the full law here.
- Act 1004 (2019): This law added a disability facility to the proximity rules, laid out in Act 1099 of 2017. You can read the full law here.
- Act 666 (2021): This law modified the requirements of a pharmacy consultant and whether a patient need to meet after a written certification is given. You can read the full law here.
There's still more to do with this case, but for a full breakdown on the court ruling, you can click here. For more information on why the 27 medical marijuana laws were voided by an Arkansas judge, please click here.