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Arkansas Supreme Court Ruling Could Let Lawmakers Roll Back Medical Marijuana Access

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2 months ago

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“What bothers me the most is that it was applied retroactively, not prospectively. It reversed 115 years of work by the people of the state of Arkansas on these initiatives.”

Antointe Graje, Arkansas Attorney

After Emily Williams was diagnosed with cancer in 2010, she struggled to find medication that alleviated the side effects of chemotherapy, such as nausea and loss of appetite. Eventually, he tried marijuana and it gave him relief.

“I was grateful,” he said. “I felt grateful.”

That experience inspired the Fayetteville retiree to create Arkansas’ medical marijuana program in 2016 after voters approved a constitutional amendment in 2016.

That program has become a billion-dollar industry, with more than 115,000 patients using marijuana to treat conditions ranging from Crohn’s disease to post-traumatic stress disorder. But a murky legal battle over who can change citizen-directed amendments to the Arkansas Constitution cast doubt on the program’s future.

The court ruling is part of a nationwide battle over citizen-driven ballot measures in states like Missouri and Nebraska. Arkansas is one of 24 states that allows citizens to propose state laws, according to the National Conference of State Legislatures.

Since the state’s first dispensary opened in 2019, thousands of Arkansans have joined the program, including Christopher Duffy, a 35-year-old Fayetteville resident who said medical marijuana helped his anxiety and sobriety. Duffy said he would be committed to sobriety if less marijuana is available, but he worries about others.

“I’m lucky to have a support system like that, where when things got tough or I started to struggle, I could reach out,” she said. “There are those who don’t have that and I fear for them.”

Williams, 69, fears losing access to medical marijuana, which she uses to manage the ongoing complications of her disease.

“If I’m not able to use this, my life would be completely and utterly negative,” he said.

Those concerns were sparked by the Arkansas Supreme Court’s 74-year-old precedent in December, with a ruling declaring that lawmakers can change citizen-led constitutional amendments with a two-thirds vote: 67 votes in the House and 24 votes in the Senate.

The decision stemmed from a case challenging the Legislature’s passage of laws amending the Arkansas Medical Marijuana Amendment. However, the authority recently confirmed by lawmakers extends beyond medical marijuana to other citizen-directed amendments, including those affecting casinos.

David Couch, a Little Rock attorney who helped write the medical-marijuana amendment, said the court’s decision “absolutely” adds more pressure for a new ballot measure it protects to succeed.

If the measure proposed by Save AR Democracy makes it to the 2026 ballot and is approved by voters, it would prohibit lawmakers from amending the Arkansas Constitution themselves and require voters to approve any new law that affects the initiative and referendum process.

While he understands how the court reached its conclusion, Couch said the justices erred in their application.

“What bothers me the most is that they applied it retroactively, not prospectively,” he said. “The people of the state of Arkansas overturned 115 years of work on these initiatives.”

Rep. Aaron Pilkington, R-Knoxville, said the court’s ruling confirmed what he had long believed to be true; however, he does not believe that the members of parliament are doing “little by little” to change the public corrections.

Pilkington took office in 2017 after 53 percent of voters approved medical marijuana. While Republicans were generally not in favor of it, Pilkington noted that party leaders were not standing in the way of what voters wanted.

“I think we’ve shown a track record that, even though the Legislature may not necessarily agree with it, they’re going to do what the voters want,” he said. “If we didn’t, then if we tried to force this issue or try to cause this and that, I think you would see the consequences in the next election.”

Pilkington has since championed medical marijuana legislation, including an unsuccessful effort to allow dispensaries to deliver. Pilkington said there may be some changes to the program, but he’s not entirely open to changing it because of growing sales revenue that funds certain programs.

Arkansans are expected to spend a record $291.1 million on medical marijuana in 2025, according to the state Department of Finance and Administration. Legislation passed last year allows tax revenue from those sales to support free breakfast for students.

While it may be used sparingly, the power to amend the state constitution can be useful to address policies that aren’t working as intended or to reflect a change in perspective since an amendment was passed, Pilkington said.

It also allows lawmakers to address issues that need immediate attention instead of waiting two years to present a measure to voters, Senate President Pro Tempore Bart Hester said.

The Arkansas Constitution can be amended when voters approve a measure proposed by legislators or citizens who must qualify for the ballot by circulating petitions. The proposed amendments can be examined every two years in general elections.

Republicans currently hold large majorities in both the House and Senate, but Hester said the two-thirds vote is a “tremendous and difficult bar to meet,” regardless of which party holds the majority.

The Cave Springs Republican said lawmakers will use that authority only “when absolutely necessary” and will likely wait until the 2027 legislative session to review citizen-led amendments, such as those that have received heavy funding from out-of-state interests. Hester also mentioned revising measures related to medical marijuana and casinos as “big fixes” with multiple provisions.

“I think it might be reasonable for the Legislature to look at it a little at a time as opposed to holistically, and I think that’s the responsible thing to do,” he said.

Hester noted that lawmakers can only amend the marijuana amendment, not repeal it. This leaves room for the program to roll back or expand without being completely finished.

While the Legislature has no plans to disenfranchise voters, Duffy said he believes there are some lawmakers willing to do so, so he hopes the Save AR Democracy ballot measure succeeds.

By July 3, the group must collect 90,704 signatures to enter the ballot.

“I don’t see any intention of the Legislature to override the will of the people, but I do think there are some who are willing to do that and that’s what worries me,” Duffy said.

If that measure fails and lawmakers go into the 2027 legislative session with the amendment’s authority upheld by the court, Duffy said he would see medical marijuana taxes increase.

That could encourage patients to buy from neighboring states like Missouri, where recreational marijuana is also legal, to siphon revenue out of Arkansas, he said.

Williams is skeptical of the lawmakers’ cutbacks, saying he believes they intend to “destroy it to the point where it’s almost impossible to use.”

“I’d like to ask one of those lawmakers if they know what it’s like to get up in the morning and wonder how sick you’re going to feel that day,” he said.

This story was first published by the Arkansas Advocate.

Photo elements courtesy of the user rawpixel and Philip Steffan.

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Critical updates for cannabis taxpayers as the 2025 filing deadline approaches

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9 hours ago

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April 5, 2026

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With the April 2025 tax return filing deadline fast approaching, cannabis companies must once again face the burden of Section 280E of the Internal Revenue Code (“Section 280E”). Despite significant developments over the past year — including a major executive order from President Trump and the IRS, for the first time, disclosing legal reasoning funds to keep state cannabis “within the meaning” of Section 280E — taxpayer scrutiny remains the same.

However, whether substantively or psychologically, these recent developments weigh on how taxpayers should deal with Section 280E. Below, we summarize the key developments that cannabis taxpayers should be aware of as they prepare their 2025 returns.

As discussed in previous publications, Section 280E provides: “(e) no deduction or credit shall be allowed for any amount paid or incurred in the course of any trade or business during the taxable year, if such trade or business (or the activities constituting such trade or business) is trafficking in controlled substances (controlled substance classes I and II prohibited by State or Federal law).

Because cannabis is now listed as a Schedule I controlled substance under the Controlled Substances Act (CSA), the IRS has consistently maintained that Section 280E applies to state-licensed cannabis businesses, significantly increasing their effective tax rates.

Read more at JD above










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Louisiana Senators Approve Bill To Allow Medical Marijuana Use In Hospitals For Terminally Ill Patients

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9 hours ago

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April 5, 2026

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A Louisiana Senate panel has advanced a bill to allow patients with terminal and irreversible conditions to use medical marijuana in hospitals.

The Senate Health and Welfare Committee approved the legislation, SB 270 (D) by Sen. Katrina Jackson-Andrews, with amendments, on a voice vote Wednesday.

“This bill was introduced at the request of voters who believe that therapeutic medical marijuana, which is already legal in this state, should be offered in hospitals when the terminally ill or otherwise need the comfort of this medicine,” Jackson-Andrews said before the vote.

Under the proposal, hospitals would have to create written policies to allow covered patients to consume medical cannabis in forms other than smoking or vaporizing it.

Under an amendment approved by the panel, emergency or outpatient departments would be exempt from the policy. The revised legislation also clarifies that patients and primary caregivers are responsible for obtaining and administering medical marijuana, which “must be securely stored at all times in a sealed container provided by the patient.”

Health care professionals and staff would be prohibited from “administering, storing, retrieving, or assisting a patient with medical marijuana.” the text he says

The amendment, which the proponent worked out with the help of the Louisiana Hospital Association, also allows hospitals to opt out of the policy if federal officials take action against any health care facility in the state regarding the use of medical cannabis, instead of allowing those specifically targeted to stop serving.

—
It’s Marijuana Time tracking hundreds of cannabis, psychedelic and drug policy bills in state legislatures and Congress this year. Patreon supporters by pledging at least $25/month, you’ll get access to our interactive maps, charts, and audio calendars so you never miss a development.

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Meanwhile, in Louisiana, the Senate Health and Welfare Committee passed a bill last week create a pilot psychedelic-assisted therapy program using opioid settlement dollars to fund clinical trials to develop alternative treatments such as psilocybin and ibogaine.

Lawmakers are also considering a bill creating a pilot program to legalize marijuana for adults in the state, in the end, to determine whether the reform should be expanded and permanently codified.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

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Cresco Labs gets Texas license

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1 day ago

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April 4, 2026

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Cresco Labs has obtained a Texas Compassionate Use Program License. It is a vertically integrated license that allows Cresco Labs to cultivate, process and distribute medical cannabis.

“Texas patients deserve access to consistent, quality medicine, and we’re excited. Our track record in medical markets reflects our ability to build strong programs that put patients and communities first,” said Charlie Bachtell, CEO of Cresco Labs. “Winning a license in Texas through a merit-based application demonstrates Cresco Labs’ deep regulatory expertise and thoughtful approach to meaningful local engagement. Organic licenses enable capital-efficient market entry, and our cash flow and balance sheet give us the financial flexibility to invest in and grow our scaled platform for the long term.”

This license advances Cresco Labs’ state-by-state growth strategy and ensures access to one of the largest patient populations in the United States. Texas is the nation’s second most populous state, approaching 30 million people, and continues to see ongoing legislative efforts to improve patient access and expand eligibility.










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