"The Arkansas Recreational Marijuana Amendment of 2022”

AN AMENDMENT TO THE ARKANSAS CONSTITUTION DEFINING RECREATIONAL MARIJUANA IS ANY PART OF THE CANNABIS

PLANT, LIVING OR NOT, THAT IS CULTIVATED AND PRODUCED TO BE USED AS AN INTOXICANT FOR THE PURPOSE OF ADULT

ENJOYMENT OR PLEASURE;

THIS AMENDMENT WILL MAKE THE CULTIVATION, PRODUCTION, DISTRIBUTION, POSSESSION, TRANSPORT, AND SALE OF

RECREATIONAL MARIJUANA FOR PERSONS 21 YEARS OF AGE OR OLDER LEGAL UNDER STATE LAW, BUT RECOGNIZING THAT THE LISTED ACTIVITIES REGARDING MARIJUANA IS PROHIBITED UNDER FEDERAL LAW;

UNDER THIS AMENDMENT THE ARKANSAS AGRICULTURE DEPARTMENT AND THE ALCOHOLIC BEVERAGE CONTROL DIVISION SHALL REGULATE THE CULTIVATION AND PRODUCTION OF RECREATIONAL MARIJUANA THAT IS SOLD IN THE STATE.

THE AGRICULTURE DEPARTMENT SHALL ISSUE TWO TYPES OF RECREATIONAL MARIJUANA LICENSES TO ANY ADULT OR BUSINESS WHO ARE A RESIDENT OF THE STATE FOR (3) THREE YEARS OR MORE TO CULTIVATE, MANUFACTURE, AND SELL RECREATIONAL MARIJUANA PLANTS AND PRODUCTS PRODUCED THEREFROM;

A CLASS A LICENSE WHICH WOULD PERMIT THE POSSESSION, CULTIVATION, TRANSPORT, AND SALE OF RECREATIONAL MARIJUANA PLANTS AND SEEDS;

A CLASS B LICENSE WOULD PERMIT THE POSSESSION, CULTIVATION, PRODUCTION, TRANSPORT, AND SALE OF RECREATIONAL MARIJUANA PLANTS, SEEDS, AND PERMITS THE PRODUCTIONAND SALE OF PRODUCTS PRODUCED FROM THE PLANT; PROVIDING THAT A CLASS A LICENSE COST SHALL NOT EXCEED $250 A YEAR PER LICENSE HOLDER, AND A CLASS B LICENSE COST SHALL NOT EXCEED $500 A YEAR PER LICENSE HOLDER;

PROVIDING THAT THE DEPARTMENT AND THE DIVISION MAY ADOPT ADDITIONAL RULES, REGULATIONS, AND PENALTIES TO

PREVENT THE USE OF RECREATIONAL MARIJUANA BY MINORS, TO INCREASE PRODUCT SAFETY, AND CONSUMER AWARENESS; UNDER THIS AMENDMENT ANY PERSON WHO IS 21 YEARS OF AGE OR OLDER AND A RESIDENT OF THIS STATE

MAY CULTIVATE, POSSESS, PURCHASE AND TRANSPORT UP TO 12 RECREATIONAL MARIJUANA PLANTS, AND AN UNLIMITED QUANTITY OF SEEDS OUT OF PUBLIC VIEW, THEY MAY ALSO PURCHASE UP TO 4 (FOUR) OUNCES OF SMOKEABLE OR VAPORIZABLE RECREATIONAL MARIJUANA A DAY, BUT MAY POSSESS OUT OF PUBLIC VIEW, AN UNLIMITED

QUANTITY OF PRODUCTS PRODUCED FROM THE PLANT;

NON-RESIDENT ADULTS IN THE STATE MAY POSSESS AND PURCHASE UP TO ONE OUNCE OF SMOKABLE OR VAPORIZABLE

RECREATIONAL MARIJUANA A DAY, AND UP TO 72 OUNCES OF RECREATIONAL MARIJUANA IN THE FORM OF FOOD OR DRINK A DAY;

UNDER THIS AMENDMENT ANY PERSON SERVING INCARCERATION, PROBATION, OR PAROLE FOR VIOLATING THE ARKANSAS UNIFORMED CONTROLLED SUBSTANCES ACT AS IT PERTAINS TO MARIJUANA, WHOSE CURRENT AND ONLY

CONVICTION WAS FOR A MARIJUANA RELATED OFFENSE SHALL BE RELEASED AND ALL CRIMINAL RECORDS SHALL BE EXPUNGED OF SUCH CONVICTIONS THAT OCCURRED PRIOR TO THE AMENDMENTS EFFECTIVE DATE OF NOVEMBER 9TH,

2022;

UNDER THIS AMENDMENT THE SALES OF RECREATIONAL MARIJUANA WILL BE SUBJECT TO EXISTING SALES TAX, AND AN ADDITIONAL 8% (EIGHT PER CENT) TO EXISTING SALES TAX, AND AN ADDITIONAL 8% RECREATIONAL MARIJUANA EXCISE TAX, AND A LOCAL SALES TAX OF 5% (FIVE PER CENT) TO EXISTING SALES TAX, AND AN ADDITIONAL 8% RECREATIONAL MARIJUANA EXCISE TAX, AND A LOCAL SALES TAX OF 5% (FIVE PER CENT) AND THE GENERAL ASSEMBLY SHALL DETERMINE THE ALLOCATION OF THE TAX REVENUE RECEIVED BY THE STATE FROM THE SALES WITH PRIORITY GIVEN TO THE COST TO IMPLEMENT THE PROVISIONS OF THIS AMENDMENT;

UNDER THIS AMENDMENT RECREATIONAL MARIJUANA PLANTS AND PRODUCTS PRODUCED THEREFROM CAN ONLY BE SOLD IN A LOCATION THAT IS 1500 (FIFTEEN HUNDRED) FEET AWAY OR MORE FROM AN EXISITNG PUBLIC OR PRIVATE SCHOOL, CHURCH OR DAYCARE;

UNDER THIS AMENDMENT THE RECREATIONAL MARIJUANA THAT IS SOLD IN THE FORM OF FOOD OR DRINK:

 

(A) SHALL NOT BE DESIGNED TO APPEAL TO CHILDREN;

(B) SHALL NOT EXCEED 10 (TEN) MILLIGRAMS OF THC PER SERVING, AND

 

(C) LABELING OR PACKAGING MUST PROVIDE PRODUCT INFORMATION;

PROVIDING THAT THE MANUFACTURE, POSSESSION, PURCHASE, SALE, AND DISTRIBUTION OF MARIJUANA PARAPHERNALIA IS LAWFUL UNDER STATE LAW; AND PROVIDING THAT THE AMENDMENT

 

(A) DOES NOT AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE USE OF RECREATIONAL MARIJUANA BY EMPLOYEES, NOR THE ABILITY OF LANDLORDS TO PROHIBIT THE CULTIVATION, PRODUCTION, AND USE OF

RECREATIONAL MARIJUANA ON HIS OR HER OWN PROPERTY;

(B) DOES NOT PERMIT DRIVING UNDER THE INFLUENCE OF MARIJUANA,

(C) DOES NOT PERMIT THE TRANSFER OF RECREATIONAL MARIJUANA TO ANYONE UNDER 21 YEARS OF AGE,

 

(D) NOR PERMIT ANYONE UNDER 21 YEARS OF AGE TO CULTIVATE, PRODUCE, SELL, DISTRIBUTE, TRANSPORT, POSSESS, OR

USE RECREATIONAL MARIJUANA;

THE PROVISIONS OF THIS AMENDMENT SHALL SUPERSEDE ALL CONFLICTING STATE AND LOCAL LAWS, CHARTERS, REGULATIONS, AND ANY AND ALL OTHER PROVISIONS IN CONFLICT WITH THIS AMENDMENT; THIS AMENDMENT DOES NOT

SUPPRESS ANY PRIVILEGES OR RIGHTS OF A QUALIFYING PATIENT OR LICENSED ENTITY IN REGARDS TO MEDICAL MARIJUANA;

MARIJUANA THAT IS CULTIVATED, DISTRIBUTED, AND SOLD FOR MEDICAL PURPOSES WILL REMAIN UNDER THE SAME REGULATORY SCHEME PURSUANT TO THE ARKANSAS MEDICAL MARIJUANA AMENDMENT OF 2016;

MARIJUANA THAT IS CULTIVATED, PRODUCED, DISTRIBUTED, AND SOLD FOR ADULT RECREATIONAL PURPOSES SHALL BE REGULATED PURSUANT TO THIS AMENDMENT.

Section 1. Short Title.

This is an amendment to the Arkansas Constitution that may be cited as "The Arkansas Recreational Marijuana

Amendment of 2022”.

Section 2. Effective Date.

This Amendment shall be effective on and after November 09, 2022.

Section 3. Definitions.

The following terms are defined for the purposes of this amendment:

(a) “Adult” means a person who is twenty-one (21) years of age or older.

(b) "Business" or “business entity” means a person or group of persons, who are twenty-one (21) years of age or older,

performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood,

whether for profit or not for profit.

(c) “Driving under the influence of marijuana” means operating a motorized vehicle on any public road, highway, or street

when the Delta-9-tetrahydrocannabinol (Δ9THC) content of the operator's blood exceeds fourteen nanograms per milliliter

(14ng/mL).

(d) “Marijuana” means any part of the cannabis plant (genus Cannabis), living or not, and when harvested in its mature

plant stage contains greater than three-tenths of one percent (0.3%), by dry weight, delta-9-tetrahydrocannabinol

(Δ9THC).

(e) “Marijuana paraphernalia” means any equipment, utensils, products, and materials which are used, intended for use, or

designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting,

producing, processing, preparing, testing, analyzing, packaging, repackaging, containing, or concealing recreational

marijuana, or for ingesting, inhaling or otherwise introducing recreational marijuana into the human body.

(f) “Marijuana-related offense(s)” means a violation of the Uniformed Controlled Substances Act that occurred prior to

the effective date of this amendment for one or more of the following:

1) Possession of marijuana;

2) Possession with the intent to manufacture and deliver marijuana;

3) Manufacturing, distributing, and delivering marijuana;

4) Distributing or delivering marijuana in the proximity of certain facilities;

5) The unlawful use of a communication device as it pertains to the distribution of marijuana;

6) Possession of marijuana paraphernalia.

(g) “Minor” means a person who is under the age of twenty-one (21) years of age.

(h) “Non-resident adult” means a person who is twenty-one (21) years of age or older who presents an out of state

identification.

(i) “Out of public view” means can not be seen by the public without the use of binoculars, aircraft, or other optical aids.

(j) “Products produced from recreational marijuana”, “products produced therefrom”, or “products therefrom” means

items and substances manufactured from recreational marijuana, containing more than three-tenths of one percent (0.3%)

delta-9-tetrahydrocannabinol (Δ9THC) and is used as an intoxicant for recreational purposes, that is consumed into the

human body in the form of food, drink, vapor, or smoke.

(k) “Recreational marijuana” means any part of the cannabis plant, living or not, that is cultivated or produced to be used

as an intoxicant for the purpose of adult enjoyment or pleasure.

(l) “Recreational marijuana excise tax” means a tax that is imposed upon the purchase of recreational marijuana plants,

seeds, and products produced therefrom.

(m) “Recreational marijuana license” means a registration card issued by the Arkansas Agricultural Department to an

adult or business entity, such cards shall be available in two-class types A or B. Each card will supply the name, date of

birth, address, and a license account number of the holder.

(n) “Recreational marijuana plant” means a cannabis plant that is being cultivated to be used as an intoxicant for

recreational purposes.

(o) ”Recreational marijuana plant tag” or “plant tag” means a label issued by the Arkansas Agricultural Department that

the cultivator attaches to the base or branch of a recreational marijuana plant, and is used for tracking the plant’s origin

from cultivation to sale. Such a label may be bar-coded or be embedded with a radio frequency identification (RFID)

smart chip. Each tag shall display the marijuana license account number and an expiration date that corresponds with the

cultivator’s marijuana license.

 

(p) “Remuneration” means an act in which money is being paid to purchase recreational marijuana and or products

produced therefrom for recreational purposes.

(q) “Resident Adult” or “Adult Resident” means a person who is twenty-one (21) years of age or older who lives in

Arkansas and presents an official valid Arkansas Identification or Arkansas Drivers license.

(r) “Use recreational marijuana and products produced therefrom”, “use of recreational marijuana”, or “consume

recreational marijuana” means to ingest, inhale, or otherwise introduce recreational marijuana into the human body.

Section 4. The regulation of recreational marijuana.

 

The cultivation, production, distribution, sale, transport, possession, and use of marijuana and products produced from

marijuana for adult recreational purposes are lawful under state law and shall be regulated, and such regulations shall

include the following provisions, but do not preclude the imposition of additional rules and regulations that the Arkansas

Agriculture Department and the Alcoholic Beverage Control Division may adopt and impose to prevent the use of

recreational marijuana by minors, increase product safety, and consumer awareness.

(a) Recreational Marijuana Licenses:

The Arkansas Agriculture Department shall issue two types of recreational marijuana licenses to regulate the cultivation

and production of recreational marijuana sold in the state.

 

1. Class A Recreational Marijuana License:

I. A Class A license cost shall not exceed two hundred and fifty dollars ($250) per year.

II. Any adult resident residing in the State of Arkansas for three (3) years or more shall qualify to obtain such

a license.

III. Permits the cultivation, possession, and transport of recreational marijuana plants and seeds out of public

view.

IV. Permits the sale of the following in a location that is 1500 feet away or more of a public or private school,

church, or daycare:

A. Up to twelve (12) recreational marijuana plants per resident adult per day.

B. An unlimited quantity of recreational marijuana plants per class A or B recreational marijuana

license holder per day.

C. An unlimited quantity of recreational marijuana seeds per resident adult per day.

2. ​Class B Recreational Marijuana License:

 

I. A Class B License cost shall not exceed five hundred dollars ($500) per year.

II. Any adult resident residing in the State of Arkansas for three (3) years or more shall qualify to obtain such

a license.

III. Permits the cultivation, possession, and transport of recreational marijuana plants out of public view.

 

IV. Permits the manufacturing, labeling, packaging, and transport of products produced from recreational

marijuana plants that can be sold in the state.

V. Permits the sale of the following in a location that is 1500 feet away or more of a public or private school,

church, or daycare:

A. Up to twelve (12) recreational marijuana plants per resident adult per day.

B. An unlimited quantity of recreational marijuana plants per Class A or B recreational marijuana

license holder per day.

C. An unlimited quantity of recreational marijuana seed per resident adult per day.

D. Up to four ounces (4 oz) of smokable or vaporizable recreational marijuana per resident adult per

day.

E. Up to one ounce (1 oz) of smokable or vaporizable recreational marijuana per non-resident adult

per day.

 

F. An unlimited quantity of smokable and vaporizable recreational marijuana per Class B

recreational marijuana license holder per day.

G. Up to seventy-two ounces (72 oz) of recreational marijuana in the form of food or drink per

non-resident adult per day.

H. An unlimited quantity of recreational marijuana in the form of food or drink per resident adult per

day.

(b) Adult Rights to Cultivate, Possess, Purchase, and Transport Recreational Marijuana

1. The following acts by any adult who is a resident of the state shall not be an offense under Arkansas law:

I. He or she may cultivate, possess, purchase, and transport up to twelve (12) recreational marijuana plants

out of public view.

II. He or she may purchase from a class B license holder up to four ounces (4oz) of smokable or vaporizable

recreational marijuana a day.

III. He or she may possess and transport any quantity of products produced from recreational marijuana out of

public view.

IV. He or she may purchase and possess any quantity of recreational marijuana plant seeds.

V. He or she may purchase from a class B license holder any quantity of food or drink products produced

from recreational marijuana.

VI. He or she may manufacture products produced from recreational marijuana plants.

VII. He or she may distribute without remuneration recreational marijuana plants and products produced

therefrom to any resident adult.

2. The following acts by any non-resident adult shall not be an offense under Arkansas law:

I. He or she may purchase and possess not more than one ounce (1 oz.) of smokable or vaporizable

recreational marijuana a day from a Class B recreational marijuana license holder.

II. He or she may purchase and possess not more than seventy-two ounces (72 oz.) of food or drink products

produced from recreational marijuana a day from a Class B recreational marijuana license holder.

(c) Recreational marijuana product design, packaging, and labeling.

1. All food and drink products produced from recreational marijuana that is sold in this state by a Class B recreational

marijuana license holder;

I. Shall not be designed to be appealing to children or easily confused with commercially sold candy or foods that

do not contain marijuana.

II. Shall be produced and sold with a standardized dosage not to exceed ten (10) milligrams of

delta-9-tetrahydrocannabinol (​Δ9 ​THC) per serving.

III. Shall be delineated or scored into standardized serving sizes if the product contains more than one serving and is

in solid form.

IV. Shall be homogenized to ensure uniform disbursement of delta-9-tetrahydrocannabinol (​Δ​9 ​THC) throughout the

product.

V. Shall provide information on the packaging or labeling to enable the informed consumption of such products,

including the potential effects of the product, and directions as to how to consume the product.

2. All smokable and vaporizable products produced from recreational marijuana that is sold by a Class B recreational

marijuana license holder;

I. Shall provide information on the packaging or labeling to enable the informed consumption of such products,

including the delta-9-tetrahydrocannabinol (​Δ​9 ​THC) content, potential effects of the product, and directions as to

how to consume the product.

3. All products produced from recreational marijuana that is distributed by any adult or business entity without

remuneration to any adult or business entity shall be exempt from the design, packaging, and labeling requirements of this

section.

Section 5. Administration, Rules, and Recreational Marijuana Licensing

(a)1. Adults and Businesses shall be licensed by the Arkansas Agriculture Department (referenced hereafter as the

Department).

2. The Department shall administer and regulate the licensing of Adults and Businesses.

3. The Alcoholic Beverage Control Division (referenced hereafter as the Division) shall administer and enforce the

provisions of this amendment concerning the sale of recreational marijuana plants and products produced therefrom

(b)1. The Department and Division shall each adopt rules necessary to:

I. Carry out the purposes of this amendment; and

II. Perform its duties under this amendment.

2. Rules adopted under this section are rules as defined in the Arkansas Administrative Procedure Act,§ 25-15-201 et seq.

(c) Not later than ninety (90) days after the effective date of this amendment, the Department shall adopt rules governing:

1.The manner in which the Department considers applications and renewals for recreational marijuana licenses, and

plant tags;

2. The form and content of registration and renewal applications for recreational marijuana licenses and

plant tags; and

3. Any other matters that are necessary for the Department's fair, impartial, stringent, and comprehensive

administration of its duties under this amendment.

(d) Not later than ninety (90) days after the effective date of this amendment, the Division shall adopt rules governing:

1. Oversight requirements for those licensed to cultivate, produce, and sell recreational marijuana;

2. Recordkeeping requirements for those licensed to cultivate, produce, and sell recreational marijuana;

3. Security requirements for those places where recreational marijuana products are produced and sold;

4. Personnel requirements for those licensed to sell, produce, and distribute recreational marijuana;

5. The manufacture, processing, packaging, and dispensing of recreational marijuana in addition to Section 4(c)

requirements;

6. Procedures for suspending the licenses of Adults or Businesses that violate the provisions of this amendment or

the rules adopted under this amendment, procedures for appealing penalties, and a schedule of penalties;

7. Procedures for inspections and investigations of Adults or businesses that are licensed to produce and sell

recreational marijuana;

8. Advertising restrictions;

9. Any other matters that are necessary for the Division's fair, impartial, stringent, and comprehensive administration

of its duties under this amendment.

Section 6. Marijuana paraphernalia

Any adult or business entity may manufacture, possess, and purchase marijuana paraphernalia, or may sell marijuana

paraphernalia to another adult or business entity, providing that such paraphernalia sold that contains products produced

from recreational marijuana is designed, packaged, and labeled pursuant to section 4 (c) of this amendment, and sold only

by a Class B recreational marijuana license holder.

Section 7. Employers, driving, and minors

 

(a) Nothing in this Amendment shall affect the ability of employers to have policies restricting the use of recreational

marijuana by employees.

(b) Nothing in this Amendment shall affect the ability of landlords to prohibit the cultivation, production, and use of

recreational marijuana on his or her own property.

(c) Nothing in this Amendment permits driving under the influence of recreational marijuana.

(d) Nothing in this Amendment permits the transfer of recreational marijuana, with or without remuneration, to a minor.

(e) Nothing in this Amendment permits a minor to cultivate, produce, sell, possess, or use recreational marijuana.

(f) Nothing in this Amendment permits the cultivation, production, distribution, or sale of any other substance that is

controlled or prohibited by the state pursuant to the Arkansas Uniform Controlled Substances Act.

Section 8. Expungement of Prior Convictions for Marijuana-Related Offenses

(a) All convictions for a marijuana-related offense, as defined in Section 3(f) of this amendment, shall be expunged from

all criminal records in this state.

(b) The State shall release from incarceration, probation, and parole all persons whose current and only conviction(s) in

which they are serving was for a marijuana-related offense as defined in Section 3(f) of this amendment.

Section 9. Taxation and Distribution of Proceeds from the Sale of Recreational Marijuana

(a) The following taxes shall be imposed upon the purchase of recreational marijuana in Arkansas:

1. The Arkansas State Sales and Use Tax,

2. an eight percent (8%) recreational marijuana excise tax, and

3. a five percent (5%) local sales tax.

(b) The distribution of tax revenues received by the Department of Finance and Administration from the sale of

recreational marijuana under this amendment may be determined by the general assembly with priority given to any cost

to the state for the implementation of the provisions provided in this Amendment.

Section 10. Conflicting Laws.

(a) The provisions of this Amendment are hereby declared to be severable, and except where otherwise indicated in this

Amendment, shall supersede all conflicting state and local laws, charters, regulations, and any and all other provisions in

conflict with this Amendment. If any provision of this Amendment, or the application of such provision to any person or

circumstance, is declared invalid by any court for any reason, such declaration shall not affect the validity of the

remaining portions of this Amendment.

(b) This amendment does not suppress any privileges or rights of a qualifying patient or licensed entity in regards to

medical marijuana; Marijuana that is cultivated, distributed, and sold for medical purposes will remain under the same

regulatory scheme pursuant to the Arkansas Medical Marijuana Amendment of 2016. Marijuana that is cultivated,

distributed, and sold for adult recreational purposes will be regulated pursuant to this amendment.