Proposed constitutional amendments on ballot

Arkansas voters will weigh voting for or against four proposed constitutional amendments in the Nov. 8 general election.

The Responsible Growth Arkansas’ proposed constitutional amendment would allow the sale of cannabis to people 21 or older, prohibit advertising and packaging designed to appeal to children, provide regulatory oversight by limiting the number of licensed businesses, not allow homegrown cannabis.

Issue 4 also would limit the number of cannabis licenses to 20 cultivators and 120 dispensaries statewide, which includes existing medical marijuana licenses.

There are currently 38 licensed dispensaries for medical marijuana in the state, said Scott Hardin, a spokesman for the state Department of Finance and Administration. A maximum of 40 dispensary licenses may be issued under Amendment 98, approved by voters in November 2016. There are eight licensed cultivators for medical marijuana in the state, the maximum allowed under Amendment 98, Hardin said.

The state’s regular 6.5% sales tax applies to all medical marijuana purchases under Amendment 98, and the Legislature established a 4.0% privilege tax that also applies to medical marijuana purchases. While part of the revenue raised from these two taxes goes to the agencies that administer the state’s medical marijuana program, the remaining funding is directed to the University of Arkansas for Medical Sciences to work toward and obtain a National Cancer Institute designation.

Issue 4 would no longer allow taxes on medical marijuana, allow the state to charge an additional 10% sales tax on non-medical marijuana sales at dispensaries, and require sales tax proceeds from non-medical marijuana sales be used for paying law enforcement stipends, supporting the University of Arkansas for Medical Sciences, funding drug court programs, and contributing to state general revenue. The 10% sales tax would be in addition to the regular 6.5% state sales tax, so overall recreational marijuana will have state taxes totaling 16.5% on each purchase, Hardin said.

Issue 4 also would require lawmakers to grant spending authority to use licensing fees and sales taxes from non-medical marijuana sales to pay the cost of regulating the marijuana program by state agencies.

Issue 1 would permit the General Assembly to convene in an extraordinary session by a joint written proclamation of the speaker of House and the Senate president pro tempore, or by the submission of the signatures of twothirds of the members of the 35-member Senate and 100-member House of Representatives.

Lawmakers would be required to state the reason for the special session, and once that purpose is accomplished the session could be extended by up to 15 days by a two-thirds majority of both chambers under Issue 1. Under current law, only the governor can call a special session and the governor sets the agenda for the session.

Issue 2 on the general election ballot would require a 60% vote of voters rather than a majority vote for proposed ballot measures. Issue 3 would prohibit the government from burdening a person’s freedom of religion unless the government can demonstrate that it furthers a compelling government interest and is the least restrictive means of furthering that interest.

In the 2021 regular session, the Legislature referred Issues 1, 2 and 3 to voters.

MORE INFORMATION

The University of Arkansas Division of Agriculture’s Public Policy Center has additional information on the four proposed constitutional amendments at: uaex.uada.edu/business-communities/public-policy-center.