Arkansas Ballot Initiatives Update

By Larry Page, Executive Director • Arkansas Faith & Ethics Council 

      This report concerns three ballot initiatives — proposed constitutional amendments — the state’s voters may have the opportunity to vote on in November’s general election. As things stand at the present time, the fate of two of these measures has not yet been determined. Litigation over how signatures on petitions were gathered, the wording of the ballot title and procedural matters are being sorted out by the Arkansas Supreme Court and the state’s Secretary of State. Certification of both is indefinite and pending final court action.

      Before proceeding, I need to highlight recent action by the state’s supreme court in upholding the Secretary of State’s decision to refuse to certify the Arkansas Abortion Amendment of 2024. That amendment, had it been on the ballot and approved by the state’s voters, would have legalized abortions for virtually the entire pregnancy up until birth in many cases based on some loosely defined exceptions. Fortunately, the court’s wise decision in that case will further protect the lives of countless innocent, defenseless babies.

      One or both of the two remaining proposed amendments still waiting for a certification decision may be refused a slot on the ballot. However, for now, we must assume they may gain spots on the ballot. Therefore, a general understanding of them will assist the voters in making informed decisions.

      For either of the initiatives invalidated, familiarity with the facts about them in this report will be helpful in the future. Sponsors of any of the measures that are denied a ballot spot this year will be certain to be back for a run at the 2026 ballot.

      What follows are brief explanations of these proposed amendments and the implications should the state’s voters approve them. These are the three amendments that voters may see on November’s ballot:

      • Allowing State Lottery Proceeds to Fund Vocational or Technical School Scholarships For Arkansans — This one we can dispense with quickly. It is an amendment referred to voters by the legislature. Since this amendment has been proposed by the General Assembly, it is assured a spot on the ballot. If passed, which is assumed will happen, it will provide funds from the state lottery to fund scholarships for vocational and technical school students just as it does currently for college and university students.

      • Arkansas Medical Marijuana Amendment of 2024 — Two years ago, the state’s medical marijuana growers, processors and marketers tried to con Arkansas voters into passing a “recreational marijuana” amendment. The voters did not fall for the marijuana cabal’s lies and distortions and soundly defeated that effort.

      Now, they are back with another medical marijuana amendment. But why, since we already have legalized medical marijuana in Arkansas? Because this is nothing more than another recreational marijuana amendment all dressed up in its Sunday best. These hucksters are again trying to fool Arkansas voters. We need to ensure they fail in doing that. Hopefully, Arkansans should and will see through the deceptive nature of this sorry piece of proposed policy and reject it outright.

      Consider these facts (and know, countless other objections could be cited):

      • Free medical marijuana cards to everyone, including homeless and illegal migrants — no more $50 annual fee for the card. This will cost taxpayers $5 million every year,

      • A virtual monopoly will be granted to the current marijuana growers and sellers. The amendment prohibits the legislature and local governing bodies from passing laws regarding zoning, taxes and regulations.

      • Adults will be permitted to grow and process unregulated marijuana at home (up to 14 plants) — no requirements that it be done in enclosures or behind locked gates. Since it will be impossible for authorities to monitor the grow-at-home activities and impose the limits called for, black market marijuana will grow exponentially.

      • You will not have to see a doctor. Even though marijuana is listed as a controlled substance, under this amendment, a pharmacist, nurse practitioner or physician’s assistant can certify a person to use marijuana without a medical exam.

      • Ubiquitous marijuana advertising will be allowed under the terms of the amendment.

      • It will prove unsafe for children. The amendment deletes child safety standards from medical marijuana and is silent on packaging, labeling and marketing standards.

      • Today’s marijuana is not your grandfather’s generation’s marijuana. The levels of THC, the psychoactive agent in marijuana is up to 10 times stronger than 50 years ago.

      • The National Institute of Health, the Mayo Clinic and the World Health Organization recognize marijuana as addictive and can result in withdrawal and dependence.

      • Marijuana poisoning occurs in children when they mistakenly consume marijuana candy, cookies, gum and soft drinks. And all those products are in packaging that mimics the packaging in conventional candies, cookies, gum and soft drinks.

         • An Amendment Requiring Local Voter Approval in a Countywide Special Election for Certain New Casino Licenses and Repealing Authority to Issue a Casino License in Pope County — If passed, this amendment will accomplish two things — it will remove Pope County as a designated location for a casino; and in efforts to establish additional casinos in Arkansas, they will only be allowed in counties that approved it in local county-wide elections. Both objectives of this amendment and its sponsors seem meritorious.

      The voters in 74 counties of the state should not impose a casino on the 75^th county — especially if that county’s voters opposed the measure and a majority voted against it. That is what happened in 2018, when Amendment 100 was passed. Pope County residents overwhelming voted against Amendment 100, but a majority of the state’s voters approved it and told Pope County you’re getting a casino whether you want it or not.

      So, it seems like a proper course to remove Pope County as a casino location and require a special local election in a county targeted for a casino; let folks exercise local control. Some of the dynamics of the amendment look different when you consider the major players involved and their motivations.

      Two out-of-state casino gambling behemoths are fighting it out over this amendment. The Choctaw Nation of Oklahoma has backed the Pope County group, Local Voters in Charge, to a tune of several million dollars in trying to free them from having a Cherokee Nation of Oklahoma casino in their county.

      The purpose in the Choctaws’ involvement is to protect their Oklahoma casino just over the Arkansas/Oklahoma state line from competition too close to them in Arkansas. The Cherokees are also spending millions of dollars to keep their license viable by bankrolling the lawsuit filed against the amendment and the campaign to defeat it if it makes it on the ballot.

      Neither tribe has the best interests of Arkansans in general or the residents of Pope County specifically in mind as they wage this proxy war over profits. What they care about are their bottom lines. It’s all about the money.

      With that said, it seems the better course would be to grant relief to the residents of Pope County, who did not ask for a casino and would like to exercise the local control they are entitled to. That reason alone is sufficient to look favorably on this amendment.

      Thanks for your participation in good government. It works best when we get involved and have our voices heard.