Arkansas voters won't get to weigh in on a ballot initiative to expand medical marijuana after the state Supreme Court ruled the measure didn't fully explain what it would do, tossing out the initiative just two weeks before the election.
It's too late to remove the measure from the ballot — early voting began Monday — so the court has ordered election officials not to count any votes cast on it. The proposed constitutional amendment would have broadened the definition of medical professionals who can certify patients for medical cannabis, expanded qualifying conditions and made medical cannabis cards valid for three years.
In Monday's 4-3 decision, the justices ruled the measure did not fully inform voters that it would have stripped the Legislature's ability to change the 2016 constitutional amendment that legalized medical marijuana in the state.
"This decision doomed the proposed ballot title, and it is plainly misleading," Justice Shawn Womack wrote in the majority opinion.
The court also said the measure did not inform voters that, if approved, the amendment would legalize up to an ounce of marijuana possession for any purpose if marijuana becomes legal under federal law.
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In court filings, organizers noted the ballot measure had cited the number of the provisions that would be repealed. The group argued that past court rulings said measures did not need to summarize the current law being changed.
In a dissent, Justice Cody Hiland said the court was ignoring decades-long precedent by ruling the measure's wording was misleading.
"Long ago, this court established definitive standards for evaluating the sufficiency of popular names and ballot titles," Hiland wrote. "This court has not deviated from those standards until today."
In the same ruling, justices rejected election officials' reasons for ruling the measure's organizers fell short of the signatures required for putting the measure on the ballot.
Arkansans for Patient Access, the group behind the measure, said it would keep pushing to expand the medical marijuana program and that the signatures it gathered showed widespread support.
"We are deeply disappointed in the Court's decision," the group said in a statement. "It seems politics has triumphed over legal precedent."
Arkansans for Patient Access sued after Secretary of State John Thurston said the group fell short of the signatures needed to qualify for the ballot. The issue over the ballot measure's wording was raised by Protect Arkansas Kids, a group opposed to the measure that had intervened in the case.
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Thurston's office had declined to count some of the signatures submitted, asserting the group had not followed paperwork rules regarding paid signature gatherers.
The state rejected petitions submitted in favor of an anti-abortion ballot measure earlier this year on similar grounds.
The state in July determined the group had fallen short of the required signatures but qualified for 30 additional days to circulate petitions. But the state then told the group that any additional signatures gathered by paid signature gatherers would not be counted if required information was submitted by the canvassing company rather than sponsors of the measure.
The court on Monday said that decision was wrong, saying state law allows a wide range of people to be considered sponsors of the measure.
Groups had already been campaigning against the measure, even though it was uncertain whether it would be put to a vote this November. Family Council Action Committee last week announced it planned to launch a statewide tour against the measure.
"A measure this bad simply has no business being on the ballot or in the constitution," Jerry Cox, the group's director, said after Monday's ruling.
About half of U.S. states allow recreational marijuana and a dozen more have legalized medical marijuana. Those numbers could grow after the November election. Voters in Florida, North Dakota and South Dakota will decide whether to legalize recreational marijuana for adults, and two medical marijuana proposals will be on Nebraska's ballot.
