Arkansas group seeks rehearing after medical marijuana measure disqualified from ballot

Attorneys for a pro-medical marijuana group argued in court filings Monday that the Arkansas Supreme Court's decision last week to end a vote on Issue 7 stripped non-wealthy Arkansans of their right to propose laws through the initiative process.

Issue 7, the Arkansas Medical Cannabis Act, was one of two medical marijuana proposals approved to appear on the general election ballot through circulated petitions. But the decision from the state's high court Thursday disqualified the measure, ruling that enough of those signatures were invalid due to canvassing law violations.

Arkansans for Compassionate Care, the group behind Issue 7, filed a motion Monday requesting that the justices take another look at the case.

The lawsuit challenging the signatures gathered for Issue 7 was supported by backers of a competing medical marijuana proposal, the Arkansas Medical Marijuana Amendment, also known as Issue 6.

Issue 7 was the only ballot measure approved by Secretary of State Mark Martin's office with the majority of signatures collected by volunteers. The backers of Issue 6, the Arkansas Medical Marijuana Amendment, spent more than $500,000 to pay people to circulate petitions and gather the signatures needed to place the amendment on the ballot.

Melissa Fults, campaign director for Arkansans for Compassionate Care, said the petition for rehearing gives the court an opportunity to rule on whether or not the petition gathering process is constitutional.

“That's really our only option. Now that I've stepped back and looked at it, I think the Supreme Court's hands were tied saying it was unconstitutional,” she said. "They knew the law was basically impossible to follow unless you had millions of dollars.”

Both marijuana proposals, as well as two other initiated amendments which were invalidated by the court, are still printed on the ballots because the court's rulings came after sample ballots were sent to the printer.

Early voting in Arkansas began Oct. 24, and voters who have already cast their ballots will not be able to go back to the polls.

Read Tuesday's Arkansas Democrat-Gazette for full details.