PULASKI COUNTY, Ark. — A Pulaski County judge voided 27 medical marijuana laws that they deemed 'unconstitutional' in a ruling on Wednesday, June 14.
The lawsuit was brought upon by Good Farm Arkansas and Capital City Medicinals, two marijuana companies, against the State of Arkansas and the Department of Finance and Administration, along with the Alcoholic Beverage Control Division.
Good Farm Arkansas is a southern dispensary operating in Arkansas, with dozens of locations in neighboring areas of Missouri and Mississippi.
Capital City Medicinals is a fellow dispensary operating out of Little Rock.
At the core of the lawsuit is Amendment 98, which legalized medical marijuana in Arkansas in 2016 after voters approved the measure.
When Amendment 98 was passed, the court said that they "anticipated the implementation of regulations, and procedures for standards, distribution, advertising [etc.] pertaining to the newly permitted substances, as well as for enforcement of the new law."
The lawsuit brought upon by Good Farm Arkansas and Capital City Medicinals challenged as to what grounds state legislators could constitutionally change Amendment 98 with laws passed in the House and Senate.
The plaintiffs said that the legislature changed the law "unconstitutionally" about 27 times in the time that its been passed.
They asked any amendments made to Amendment 98 to be ruled "null and void" and that the original language of the law "as adopted by the people remains in effect."
In his ruling, Judge Morgan "Chip" Welch agreed with the companies, saying the laws passed by the legislature, like that of Amendment 7, did not allow the group to "amend the Constitution unilaterally."
The judge stated that the legislature's usage of Amendment 7 is contrary to what it was developed for, as it was intended to "ensure that power over state [remained] in the hands of the people."
Welch said that Arkansas law authorizes lawmakers can amend "some, but not all provisions" of Amendment 98, but "only by referring any such amendment to the people."
He then ruled the 27 laws unconstitutional and void.
Among the laws voided include amendments passed in 2017, 2019, and 2021. Some of those laws included how much THC could be in edibles, how the state collected taxes on medical marijuana, how dispensaries and cultivators can advertise, and more.
Following the ruling, Arkansas Attorney General Tim Griffin released a statement where he expressed his disappointment in Welch's decision.
“I am disappointed in the ruling as it is contrary to the law and the method used to amend the Arkansas Constitution for measures initiated by the people like Amendment 98. I support the General Assembly, remain confident in our case and plan to appeal to the Arkansas Supreme Court expeditiously,” AG Griffin said.
Despite the voiding of the 27 laws, the ruling states the original text of Amendment 98 will remain in effect in the form that it was adopted by the people.
A ruling on free speech and sovereign immunity was deferred for another hearing.
For more information on what to know about the 27 medical marijuana laws voided in Arkansas, please click here.