OPINION: Supreme Court To Decide Pot Issue: Woodpecker On The Loose

Only in Arkansas, on the same day, could the state Supreme Court order the proposed 'recreational pot' issue back on the ballot until a hearing on its ballot title, and the scientific communities' revive the search for the Good Lord Bird.

Toss in the Legislature, in its third special session this year, handing out the largest state income tax break ever into the mix of news, and one has to wonder what else is going to happen in our small state.

How about raising teacher pay? Well, it looks like that issue is done until the next legislative session in January.

But back to the state Supreme Court ordering a review of the tossed constitutional ballot proposal to allow state run sales of recreational pot.

The word "recreational" in marijuana lingo gives me pause – how about you?

I might prefer the moniker 'fun' pot or 'entertainment' pot. We, in Arkansas, already have prescription and medicinal use of marijuana – the media coyly tagged medical pot – "Rx Pot" – in headlines about its passage some 4 years ago.

The marijuana proposal, with more than 190,000 voters signing on to petitions, calls for adult use cannabis cultivation and dispensary licenses to businesses that already hold state issued licenses under the medical pot laws, rules and regulations.

There would be an additional 40 proposed licenses to be awarded under a lottery system conducted by the State Alcohol Beverage Control Board (ABC).

There is NO (my emphasis) provision in this ballot proposal for allowing individuals to grow their own pot. Individuals cannot sell homegrown marijuana; they cannot possess or use marijuana not grown under a licensed dealer and license dispensary in the state.

The issue is not about the THC content of the marijuana.

The issue is not about the state controlling the manufacture, distribution or sale of recreational marijuana.

The issue, right now, is not about how you, Mr. and Mrs. John Q. Public, feel about this issue.

The issue is: Did the petitioners comply with the rules for bringing an issue from voter petitions rightly, legally and correctly, to place the question on the ballot?

And if the Supreme Court says the ballots should be counted in November at the General Elections, then we all will know if voters approved or disapproved of the state allowing the use of recreational marijuana.

The vote will be taken straight up and down – pass or fail.

The proposed Constitutional Amendment would allow for the sale of cannabis to people 21 or older and prohibits advertising and packaging designed to appeal or entice children to the products.

What the state will do with the regulatory oversight of the ABC is to limit the number of licensed growers and the distribution to licensed dealers in the state.

Again, and I cannot emphasize this enough as misinformation runs rampant on this issue, the proposal DOES NOT ALLOW for homegrown cannabis or marijuana or possession of marijuana not sold by a licensed dispensary.

Currently, there are 88,012 adults in Arkansas with a medical marijuana card and eligible to purchase cannabis from licensed dispensaries.

At last count, Arkansans spend $22.37 million dollars each month at the state's 38 dispensaries to purchase slightly over 3,900 pounds of marijuana and cannabis products.

The state currently taxes those sales at 6.5% sales tax plus an additional 4% privilege tax. Since mid-2019, the state of Arkansas has taken in $62.5 million in taxes on over 80,000 pounds of medical marijuana cultivated, distributed and sold in the state.

The issue before the State Supreme Court is a legal issue with the election process to allow initiatives to bring forth a question to be decided by the voters in a General election in Arkansas. It is not about right and wrong, money or taxes – only about the procedure to place a question before the voters.

And what great news about that elusive, magnificent creature of the Arkansas backwoods swamps and cane breaks, the Ivory Billed Woodpecker.

I am glad he (or she or them) is back and I hope doing well.