Arkansas Board of Election Commissioners declines to certify ballot language for initiatives to legalize marijuana and repeal Pope County’s casino authorization

On August 3, the Arkansas Board of Election Commissioners declined to certify the ballot titles and popular names for two initiatives that had submitted signatures. Fair Play for Arkansas 2022 said they were considering their options to challenge the board’s decision. Responsible Growth Arkansas said they planned to challenge the board’s decision with the Arkansas Supreme Court.

Responsible Growth Arkansas, the campaign behind the marijuana legalization initiative, submitted more than 190,000 signatures on July 8, 2022. The Arkansas Secretary of State announced on July 29 that the campaign had submitted more than the required number of valid signatures (89,151) and would qualify for the ballot if the Board of Election Commissioners certified the ballot language.

The measure would legalize marijuana use for individuals 21 years of age and older and authorize the commercial sale of marijuana with a 10% sales tax. Adults could possess up to one ounce of marijuana. Under the amendment, businesses that already hold licenses under the state’s medical marijuana program would be authorized to sell marijuana for personal use. An additional 40 licenses would be given to businesses chosen by a lottery. The Alcoholic Beverage Control (ABC) Division of the Department of Finance and Administration would regulate the program and provide for cannabis business licensing.

Currently, 19 states and Washington, D.C., have legalized the possession and personal use of marijuana for recreational purposes. Eleven states and D.C. had legalized marijuana through the ballot initiative process.

Fair Play for Arkansas 2022 reported submitting 103,096 signatures for an initiative to repeal the casino authorization for Pope County. In 2018, voters approved Issue 4 authorizing the county to grant a casino license for one casino. Under Issue 4, the Pope County license required applicants to pay fees to apply, demonstrate experience in conducting casino gaming, or furnish a letter of support from the county judge. The Pope County license was awarded to the Cherokee Nation.

In Arkansas, a total of 44 ballot measures appeared on the statewide ballot between 2000 and 2020. Thirty-two (72.73%) ballot measures were approved, and 12 (27.27%) ballot measures were defeated.