On June 14, Pulaski County Circuit Judge Morgan “Chip” Welch issued a decision that voids 27 laws the Arkansas Legislature has enacted since 2017 concerning so-called “medical” marijuana in the state. The ruling came as the result of a lawsuit by Good Day Farms Arkansas and Capital City Medicinals — two members of the “medical” marijuana industry.
In 2016 voters passed the Arkansas Medical Marijuana Amendment legalizing “medical” marijuana in the state. The measure is now Amendment 98 to the Arkansas Constitution. Section 23 of Amendment 98 lets the Arkansas Legislature make changes or additions to Amendment 98 upon a two-thirds vote of the Arkansas House of Representatives and the Arkansas Senate.
Since then, the legislature has used that authority to enact a number of reasonable restrictions on marijuana. For example, in 2019 lawmakers passed good measures like SB 440 that prohibits marijuana stores from selling marijuana-infused candy and other foods that are likely to appeal to children and SB 442 restricting medical marijuana advertisements in much the same way as tobacco advertisements. Wednesday’s ruling nullifies both of these good laws.
Despite Amendment 98’s wording, Judge Welch ruled that changes to Amendment 98 should have been made as further constitutional amendments referred to the people for a vote. The decision says in part, “The Court, therefore, further finds and declares the 27 subsequent Acts of the General Assembly to be unconstitutional and void, and that the original text of Amendment 98 as adopted by the people remains in effect.
Arkansas Attorney General Tim Griffin says his office plans to appeal the case to the Arkansas Supreme Court. (familycouncil.org)
Judge Strikes Down Arkansas’ SAFE Act
A federal judge in Little Rock has struck down a law designed to protect children from sex-reassignment procedures. U.S. District Judge James Moody blocked the enforcement of the Save Adolescents From Experimentation (or SAFE) Act, a state law passed in Arkansas in 2021. The law safeguards children by prohibiting sex-reassignment surgeries, puberty blockers and cross-sex hormones on minors.
Family Council President Jerry Cox expressed disappointment with the ruling, saying that subjecting children to sex-change procedures can have harmful, long-term effects. Cox believes the higher courts will recognize the importance of the SAFE Act and ultimately uphold the law as constitutional. (familycouncil.org)
