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

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3 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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Klasmann-Deilmann announces management changes

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6 hours ago

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April 29, 2026

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After fifteen years of successful cooperation, managing director Moritz Böcking and the shareholders of Klasmann-Deilmann GmbH have mutually agreed to part ways. As of May 1, 2026, Moritz Böcking will hand over the position of managing director to Jan Astrup, who served as the company’s CEO in 2021/2022. Jan Astrup and Damian Ikemann will form the Board of Directors of the Klasmann-Deilmann Group from now on.

© Klasmann-Deilmann Benelux

Klasmann-Deilmann thanks Moritz Böcking for his cooperation and the progress achieved in the transformation of the Klasmann-Deilmann Group. Moritz Böcking expanded Klasmann-Deilmann beyond the growing media business into new areas of commercial horticulture and promoted innovation and digitalization within the company. In addition, its achievements include the expansion of resources derived from renewable raw materials, as well as the acquisition of a subsidiary in Australia and production facilities in France and Canada, which operate in cooperation with external partners. He also significantly advanced Klasmann-Deilmann’s positioning as a global pioneer of sustainable development in the growing media industry, thereby making a decisive contribution to the company’s economic growth.

With Jan Astrup, Klasmann-Deilmann is getting an internationally experienced manager who has proven himself in the company and has extensive experience in raw materials, production, process optimization and technology. With the new CEO, raw materials and technology-driven areas for the substrate industry are now increasingly important at senior management level. Jan Astrup will strengthen the core commercial horticulture business and help develop the company for the future.

For more information:
Klasmann-Deilmann GmbH
(email protected)
www.klasmann-deilmann.com



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Congressional Amendments To Delay Or Speed Up Federal Hemp THC Product Ban Won’t Get Votes

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6 hours ago

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April 29, 2026

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Congressional amendments to both delaying the scheduled federal recriminalization of hemp THC products for another year or to speed up implementation will not be considered on the House floor this week.

Rep. James Comer (R-KY) introduced the delay proposal as an amendment to the Farm Bill, while Rep. Mary Miller (R-IL) introduced an expedited approach. Neither will move forward, however, with Comer withdrawing his measure and the House Rules Committee failing to vote on Miller’s.

Hemp derivatives containing less than 0.3 percent delta-9 THC by weight of the drug were made federally legal under the 2018 Farm Bill signed by President Donald Trump in his first term. But late last year, Trump signed new legislation containing provisions that will redefine hemp so that only products with a total of 0.4 milligrams of THC per container will be legal starting Nov. 12.

Comer’s amendment, sponsored by Reps. Kelly Morrison (D-MN), Ilhan Omar (D-MN) and Morgan Griffith (R-VA), would have delayed the ban until November 2027.

According to Miller’s proposal, however, the ban will begin the day the new Farm Bill takes effect. However, it is unclear based on progress in Congress whether the large-scale farming legislation will actually become law, and the legislation could not pass until after the current recriminalization date.

Comer told the panel at Monday’s meeting that his amendment would “protect American farmers” and “help the hemp industry and the thousands of jobs that use and rely on these products.”

“It is clear that Congress needs more time to pass legislation that protects jobs, eliminates bad actors, standardizes labeling and requires third-party testing,” he said. “My amendment would give Congress another year, until November 2027, to develop this solution.”

It is not clear why he decided to remove it from the annex to the proposal Farm BillAlso known as the Farm, Food, and National Security Act of 2026, or HR 7567.




Griffith, a member of the Rules Committee who sponsored Comer’s amendment, noted that there are “a lot of hemp products from overseas that don’t have third-party testing” on the market, “frankly all kinds of junk.”

He said the real solution is for the Food and Drug Administration (FDA) to regulate the products, citing a separate bill he has introduced on the issue, but argued that “we have to have time to adjust,” which he said would provide the delay amendment.

Meanwhile, Rep. Andy Barr (R-KY) also introduced an amendment to the bill that, according to the sponsor’s summary, “changes the definition of hemp to protect the legal hemp market, creating a regulatory framework that protects children, bans synthetics, and ensures that products on the market are of American origin.”

The congressman later withdrew the proposal for undisclosed reasons.

However, he recently received a letter White House officials commented on pending legislation to create a regulatory framework for hemp.

Last week, Vince Haley, director of the White House Domestic Policy Council, and James Braid, assistant to the president for legislative affairs, sent hemp policy suggestions to Barr, who is helping lead efforts to establish regulations for the plant as an alternative to prohibition.

“We appreciate your work to advance policy,” the executive order Trump signed in December, which included provisions to protect Americans’ access to CBD products, the staff wrote in a letter to Congress.

“We are submitting draft legislation and comments to your account to address the final statutory definition of hemp-derived cannabinoid products to ensure that Americans have access to adequate full-spectrum CBD products while maintaining Congress’ intent to limit the sale of products that pose serious health risks,” White House officials said, according to a social media screencast. “We are open to discussion and further technical assistance.”

The annex to the administration’s proposed legislative text has not been released publicly, and the White House and Barr’s office did not immediately respond to Marihuana Moment’s request for more details.

It’s not clear from the text of the letter whether the White House was proactively sending legislative proposals to the lawmaker or whether they were responding to something sent by his office, though two cannabis industry sources suggested to Marihuana Moment that Barr was sending the language to the administration, and then providing technical feedback.

Trump this week It inspired lawmakers in Congress to take action to change the currently planned hemp banand suggested that this threatens to federally recriminalize full-spectrum CBD products.

“I’m calling on Congress to update the Act so Americans can continue to have access to the full-spectrum CBD products they trust and support, while maintaining Congress’ intent to restrict the sale of products that pose health risks,” the president said in a Truth Social message Thursday, the same day his administration announced it is moving forward to re-regulate marijuana.

“We need to do this RIGHT and FAST, especially for those who have found CBD to help them,” he said. “Also, I’m told it will help our BIG FARMERS that we love and will always be around.”

Rep. Jim Baird (R-IN) had it introduced the hemp ban delay amendment before the House Agriculture Committee when it took up the Farm Bill last month, but the president of that panel determined that the proposal was not in line with the legislation.

The Farm Bill passed by the previous committee includes provisions to help the hemp industry and farmers who grow cannabis for industrial purposes, such as fiber and grain. For example, the legislation would amend statutes related to states and tribes developing regulatory plans for industrial hemp production, including policies on testing, sampling, background checks and record keeping.

Other bipartisan hemp reform bills are pending in Congress.

This month, for example, it was introduced by Senators Rand Paul (R-KY), Amy Klobuchar (D-MN) and Joni Ernst (R-IA). The Hemp Safety Enforcement Act, which would give states the option of federal recriminalization of THC hemp products. it will be established this year.

Ernst withdrew his name, however, as a sponsor of the legislation. His office did not respond to Marihuana Moment’s request for clarification on the move.

—
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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The US Department of Agriculture published this month shows that US farmers grow $3 billion in hemp crops by 2025— 64% increase compared to the previous year.

Meanwhile, this month the Trump administration launched a new initiative Cover up to $500 of hemp-derived products annually for eligible Medicare patients. The program being implemented by the Centers for Medicare and Medicaid Services (CMS) focuses largely on CBD, but also allows a certain amount of THC in products.

Anti-marijuana organizations filed a lawsuit against the Medicare hemp coverage policyand Health and Human Services attorneys. Robert F. Kennedy Jr. and CMS Director Mehmet Oz recently He submitted a letter requesting the filing of the case.

Meanwhile, the White House Management and Budget Office has held a series of meetings a Food and Drug Administration (FDA) CBD product enforcement policy.

The FDA also issued guidance making it clear that it does not intend to interfere Establish a Medicare coverage plan for hemp-derived products.

CMS finalized a rule that will be adopted separately Coverage of certain hemp products, primarily as specialized health-related benefits, through Medicare Advantage the plans

As hemp products become more popular among consumers, some big brands are trying to get in on the action.

The main retailer Target, for example, is expanding its involvement in the hemp-derived THC beverage market. Last year, the company began a pilot program in 10 stores in Minnesota that sell cannabis drinks. That apparently went well, and now the company has secured licenses from Minnesota regulators to sell lower-potency edible hemp products — including THC drinks — in 72 stores in the state.

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NC lawmakers revisit marijuana policy following reclassification

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1 day ago

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April 28, 2026

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North Carolina lawmakers say they’re fueling debate over the state’s marijuana laws — a move by the Trump administration to reclassify it as a less dangerous drug.

Across the country, a set of laws and enforcements regulate marijuana. The drug is illegal under federal law, but dozens of US states have legalized it. And almost all states have legalized medical marijuana prescriptions for certain ailments. North Carolina is among the remaining states to resist any form of legalization. Republican politicians in North Carolina have resisted passing any bills to legalize or decriminalize marijuana, despite public opinion polls showing broad public support for such changes.

Senate President Phil Berger said he expects his chamber to revisit efforts to legalize medical marijuana this week. “We will have a conversation within our caucus if they are interested in whether we do something,” Berger told reporters Tuesday.

The recent actions of Republican President Donald Trump may add a new dimension to these conversations. Trump’s acting attorney general on Thursday signed the drug classification as a less dangerous and less strictly regulated drug than marijuana. Federal law does not legalize marijuana for medical or recreational use.

Read more at WRAL News










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