Another week has passed and still the Arkansas Supreme Court hasn't ruled on the legitimacy of one of the medical marijuana ballot questions.
Nevertheless, early voting began Monday and some voters are deciding the issue not knowing for sure whether their votes will count.
Just what is it that voters are considering?
Two questions, Issue 6 and Issue 7, would legalize medical marijuana in Arkansas. The proposals differ considerably from each other with the greatest difference perhaps being that Issue 6 is a proposed constitutional amendment and Issue 7 an initiated act.
In all likelihood, voters who support the idea of medical marijuana will vote for both measures and ignore the differences.
There will be discriminating voters who choose one or the other, and those votes could prove pivotal, should both measures be approved.
The state Constitution says whichever of the conflicting proposals receives the most "for" votes will become law. But, there are some who argue that a constitutional amendment should take precedence over an initiated act. That question would likely end up in court, should Issue 7 pass with more votes than Issue 6.
That is, of course, only if votes for Issue 7 are counted. The sufficiency of petitions for Issue 7 is still before the Supreme Court. A retired judge reviewing Issue 7 petitions has said that more than enough valid signatures were submitted; but the Supreme Court must still weigh in on the question.
In the meantime, here's the minimum a voter should know about the differing medical marijuana proposals:
Issue 6
The Arkansas Medical Marijuana Amendment of 2016 is backed by Arkansans United for Medical Marijuana.
Because it would be embedded in the state Constitution, only parts of the proposed constitutional amendment would be subject to change by the Legislature. Other elements could only be changed by another constitutional amendment.
Key provisions would establish a system for growing, acquiring and distributing marijuana for medical purposes. They would also direct the state Department of Health to establish rules for access to medical marijuana and the Alcoholic Beverage Commission to establish rules related to growing and selling medical marijuana. The amendment would further establish the Medical Marijuana Commission to administer and regulate the licensing of cultivation and dispensary facilities.
The amendment identifies specific ailments and general medical conditions that could qualify for treatment and sets out how individuals could obtain the drug. It also limits the number of dispensaries and cultivation facilities that would be allowed, which has been criticized as providing a constitutionally protected, built-in monopoly for marijuana producers in Arkansas.
Issue 7
The Arkansas Medical Cannabis Act is supported by the nonprofit Arkansans for Compassionate Care.
It would establish a system for cultivation and distribution of cannabis for qualifying patients through nonprofit cannabis care centers.
The most controversial provision in the initiated act would allow qualifying patients or their designated caregivers to grow up to 10 cannabis plants if those patients live more than 20 miles from a nonprofit care center and obtain a hardship certificate from the Department of Health, which would also regulate dispensaries allowed under the act.
Issue 7 actually identifies dozens more qualifying medical conditions than the competing Issue 6 would initially allow. Issue 7 would also require the state to create a system to help low-income people afford the drug.
Resulting state tax revenue from Issue 7 would pay for administering the program and aiding low-income patients while tax revenue from Issue 6 would pay for administering the program and also designate some of the money go to state workforce training and technical schools and to the state's general fund.
These are only cursory distinctions between the two proposals. More complete analysis of each and a comparison of the two are available online at www.uaex.edu/ballot. Scroll down for the "2016 Arkansas Ballot Issues Voter Guide" prepared by the Public Policy Center of the University of Arkansas Division of Agriculture Research and Extension.
Both Issues 6 and 7 have drawn strong opposition from Arkansans Against Legalized Marijuana. The group includes the Arkansas State Chamber of Commerce, the Arkansas Farm Bureau Federation, the Coalition for Safer Arkansas Communities, the Family Council Action Committee and the Arkansas Committee for Ethics Policy.
Arkansas Surgeon General Dr. Greg Bledsoe heads the group. He and others from the medical profession, along with Gov. Asa Hutchinson, came out early against both Issues 6 and 7.
More recently, Arkansas Advocates for Children and Families and the Arkansas chapter of the American Academy of Pediatrics jointly announced their opposition to both measures, even as proponents for Issue 6 began advertising with images of a baby being helped by medical marijuana.
Recent polling by Talk Business & Politics and Hendrix College showed likely voters are against both measures.
This election is certainly a curiosity.
In 2012, Arkansas voters came close to passing a medical marijuana law. More than 48.5 percent of voters favored the one offered then.
The new polls show a decline in support for what is on the ballot this year. Just 45 percent of those polled are for Issue 6 and only 40 percent for Issue 7.
With such stout opposition and continuing confusion over the competing proposals, medical marijuana may fall short again.
Commentary on 10/26/2016