'Pot' ballot title rejected; McDaniel calls it unclear

Sunday, August 24, 2014

The Arkansas attorney general's office rejected the popular name and ballot title Thursday of a proposed constitutional amendment to legalize growing, using and selling marijuana and hemp in Arkansas.

Attorney General Dustin McDaniel said the proposed amendment title, The Cultivate Hemp and Regulate Marijuana Amendment, was rejected because of ambiguities and "misleading tendencies." A phone number for Rockie Barley of Malvern, who requested the opinion, could not immediately be located.

In the opinion, McDaniel writes that the title is in the imperative tense and may mislead people into thinking they are being asked to grow hemp, which is in conflict with the language of the amendment that would "legalize -- but does not command" activities related to marijuana and hemp.

McDaniel said he had a half-dozen issues with the language of the measure, which he said could be perceived as confusing or inexact, including the phrase "may be regulated." He also said the measure sets an ambiguous age limit for growing marijuana, but not for growing hemp; fails to give an exact purpose for a required license; and uses incorrect legal standing to suggest collecting a 5 percent excise tax on all marijuana products.

The attorney general's office approved the ballot titles and names of two other marijuana-related ballot measures earlier this summer, including one that would legalize medical marijuana and one that would legalize the overall use of marijuana if approved by voters. Advocates hope to collect enough signatures to place both measures on the 2016 ballot.

Metro on 08/24/2014