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

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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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Medical cannabis cultivation event set for June 8 in the Netherlands, ahead of GreenTech

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On June 8, researchers, growers and technology providers from around the world will gather in the Netherlands for a day of presentations, facility tours and networking focused on the cultivation of medicinal cannabis, organized by the Dutch cannabis consortium Cultivation for Compounds and MCPIR.

© Andrea Di Pastena | MMJDaily.com

The event takes place across two locations. The morning program takes place at the MCPIR in Bleiswijk, where Jaime Ahumada and René Corsten, cannabis researchers and consultants at Delphy, will present their latest findings on mother plant management, clear strategy and upcoming research plans at the Delphy Improvement Center, including opportunities for growers to actively participate in ongoing research and knowledge development. Attendees can also take a tour of the cannabis cells.

In the afternoon he will visit the World Horti Center in Naaldwijk with presentations from Mexx Holweg, Dutch Light Innovations and Cultivation for Compounds, followed by a visit to Vertify.

MMJDaily covered last year’s event on the ground. Check out our photo report to see the research sites and the community gathered there.

For more information:
MCPIR
www.mcpir.nl
worldhorticenter.nl/eu/themes/cultivation-for-compounds/

Delphi



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Health Canada opens consultations to deregulate hemp

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Health Canada has published a Notice of Intent to “simplify” the Industrial Hemp Regulation to “eliminate or reduce regulatory burden,” which could include removing the licensing requirement for certain industrial hemp activities, and is asking the industry what changes it wants to see before June 30, 2026.

The announcement acknowledges that “industry stakeholders have advocated for a new approach to regulating industrial hemp that treats it as an agricultural product” and that although industrial hemp and cannabis belong to the same plant family, “the productions and products resulting from the cultivation and processing of industrial hemp are completely different and pose very different risks.” CBD is “non-intoxicating,” the release states, and hemp “has less potential for public health harm and misuse and less public safety concerns compared to cannabis due to its extremely low THC levels.”

© Colin Temple | Dreamstime

Under the current framework, industrial hemp is listed in Schedule 1 of the Cannabis Act along with high-THC cannabis, even if it contains 0.3% THC or less by weight in the flower heads and leaves. To cultivate, sell, import or export seeds or grains, clean seeds, process grains or grow hemp, operators need a separate license for each activity, plus a separate permit for each import or export shipment. Anyone licensed to cultivate the seeds must test the flower heads and leaves for THC concentration, and all cultivated varieties must appear on Health Canada’s List of Approved Crops. Imported seeds also require phytosanitary certification according to CFIA frameworks. Mature stems, non-viable seeds and their derivatives are already out of the field, sitting on tab 2.

The review calls for eliminating or reducing licensing requirements, removing the separate layer of import/export permits, cutting reporting obligations, revamping the List of Approved Crops, reducing or eliminating THC testing requirements and potentially changing the 0.3% THC definition itself. That said, Health Canada is clear that some controls are being left out, specifically to “prevent the illegal cultivation and diversion of cannabis disguised as industrial hemp into an illegal market,” and that international reporting obligations remain an “important consideration.” Extracting CBD from flower heads is also out of scope, as this requires a cannabis processing license under the Cannabis Regulations.

A separate cost-benefit questionnaire goes directly to current IHR licensees, and the responses feed into the regulatory Impact Analysis Statement required by Health Canada before any proposed amendment reaches the Canada Gazette.

Source: magazine.gc.ca

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Cannabis Advocacy Groups Push Congress For Legalization And Other Reforms Following Trump’s Rescheduling Move

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“Cannabis reform is the hottest topic in American politics, and … Congress is on course to pass a comprehensive legalization bill that targets the release of cannabis prisoners.”

Author: Jack Gorsline, Filter

A national coalition 41 advocacy groups gathered on Capitol Hill for Cannabis Unity WeekA coordinated lobbying blitz pressed a deadlocked Congress to act on federal marijuana deprogramming, criminal law reform, and fair access.

The May 12-14 mobilization brought together unions, veterans, civil liberties advocates, legal experts, industry executives and individuals directly affected by three main demands: federal cannabis legalization, the release of federal cannabis prisoners, and the expungement of civil rights restoration records. The coalition spent three days navigating the halls of both houses of Congress to introduce a comprehensive package of 13 hemp and cannabis reform bills.

The legislative push comes at a critical time. The vast majority of states have legalized medical or adult use of cannabis in some form, and although the Trump administration rescheduled state legal medical marijuana last month, federal law otherwise continues to classify the plant as a Schedule I controlled substance, creating a legal and economic paradox that advocates say can no longer be ignored.

The coalition’s main thrust is the Marijuana Opportunity Reinvestment and Elimination (MORE) Act, introduced as HR 5068. If passed, the MORE Act would completely remove cannabis from the Controlled Substances Act, ending nearly a century of federal prohibition.

The bill’s provisions go beyond simple deprogramming. It aims to eliminate all federal penalties for marijuana activity, establish clear pathways to expungement and reentry, and create community reinvestment with federal cannabis tax revenue. The bill also includes equity measures designed to lower barriers to entry for small and independent businesses trying to navigate the highly capitalized legal market.

“Cannabis reform is a hot topic in American politics, and now that the president has indicated he’s open to reform, it’s up to Congress to pass a comprehensive legislative bill that targets the release of cannabis prisoners who no longer need to be incarcerated,” Jason Ortiz, director of strategic initiatives at the Last Prisoner Project and Co-founder of the Latino Cannabis Alliancehe said The filter.

Ortiz emphasized that the administrative gesture must be supported by specific legislative moves. “The LPP is ready to work with the co-chairs of the Cannabis Caucus and the Cannabis Unity Coalition to pass a comprehensive deprogramming bill like the MORE Act,” he continued, “to finally end the nightmare that has been cannabis prohibition, and create a pathway for all those incarcerated for cannabis offenses to reunify their families and become full members of society.”

A central theme of Unity Week was the disproportionate impact of federal prohibition on minority communities, particularly Latinos. At a May 13 news conference outside the Senate wing of the Capitol, advocates drew a direct line from the anti-immigrant rhetoric of the early 20th century to today’s deportation statistics.

“Buenos dias. My name is Jessica Gonzalez. I’m an Ecuadorian immigrant, attorney, and president of the Latino Cannabis Alliance, a national coalition of Latino advocates, lawyers, organizers, researchers, and storytellers fighting to move our communities from the margins of cannabis politics to the center,” Gonzalez told reporters and lawmakers. “We’re Harry Anslinger’s worst nightmare.”

Anslinger, the first commissioner of the Federal Bureau of Narcotics, weaponized prejudice against Latinos and blacks in the 1930s to secure the initial federal crackdown on cannabis. Gonzalez noted that the structural machinery built at that time continues to operate with remarkable efficiency.

“We’re here because Latinos are the largest immigrant group in the country, and the cannabis industry benefits enormously from Latino consumers and workers because they remain silent on the same policies that make participation by non-citizen Latinos dangerous,” Gonzalez said. “That’s a contradiction we’re here to say out loud. And here’s a number we don’t hear often enough: 70 percent. More than 70 percent of people convicted federally of cannabis possession are classified as Hispanic. That’s not a coincidence, it’s the result of a system that has merged cannabis prohibition and immigration enforcement into a deportation pathway and targeted our families.”

For noncitizens, as well as legal residents, federal convictions or possession of cannabis can result in mandatory deportation without judicial discretion. Gonzalez noted that the Latino Cannabis Alliance refuses to let the economic boom of state-sanctioned cannabis eclipse the human cost of federal action.

“But we have never been a town that accepts the conditions given to us,” said Gonzalez. “My family refused when they left everything they knew and built a life in a foreign country. Our communities refused when prohibition tried to turn our families into criminals and our neighborhoods into evidence. And today, the Latino Cannabis Alliance refuses to deport one more family, silence one more worker, or erase one more community from a movement we’ve always been.”

He continued, “decriminalization is the floor, not the ceiling. We will not forget the deportees. We will not forget the detainees. Our work takes borders, but it begins where this system was built. The ban began with a lie about our people. It will end with the truth we made.”

Business leaders also described the injustice and inequality of the current landscape.

“Cannabis Unity Week is not a celebration of victory, it’s a call to action,” said Susie Plascencia, founder of Latinas in Cannabis and representative of the National Hispanic Cannabis Council. “Thousands of people are still incarcerated for cannabis crimes, families are still living with the consequences of prohibition, and Latino communities remain disproportionately harmed and underrepresented in this industry.”

Today, Plascencia noted, multi-state marijuana operators generate billions of dollars in public markets, but minority-owned independent startups face severe capital constraints due to federal bank restrictions.

“Latino entrepreneurs are among the fastest growing in the country, building businesses despite systemic barriers,” he said., “But in cannabis, many still face limited access to capital, restrictive policies and exclusion from ownership. We’re building it anyway, but we don’t have to build it alone. We’re here to demand federal action… Because equity isn’t just about repairing damage, it’s about investing in the future.”

The broader drug policy reform movement also gave the coalition its institutional weight.

“As MAPS celebrates its 40th anniversary, we are proud to join the Cannabis Unity Coalition to advance the movement for compassionate, evidence-based drug policy,” said Gina Vensel, Community Partnerships Manager for the Multidisciplinary Association for Psychedelic Studies (MAPS).

“This milestone is an opportunity to reflect on the progress made in the War on Drugs case while recognizing the crucial work that still lies ahead, especially around restorative justice,” Vensel said. The filter. “Together, we strive to dismantle stigma, educate our communities, and advocate for meaningful reform. The Cannabis Unity Coalition represents the power of collective action to drive lasting, positive change.”

Beyond the comprehensive scope of the MORE Act, advocates spent time on the Hill educating lawmakers on narrower measures designed to solve immediate practical problems.

Among them is the STATES 2.0 Act (HR 2934), a bipartisan bill that would amend federal law to respect state legal cannabis programs while protecting state-regulated businesses from federal interference and asset forfeiture. Advocates also pushed for the PREPARE Act (HR 2935 / S 3576), which would have created a federal commission charged with designing a comprehensive regulatory framework for the post-prohibition transition.

To address the decades-long decline in political motivation for scientific research, the coalition also sponsored the Evidence-Based Drug Policy Act (HR 3082) to remove barriers that prevent the Office of National Drug Control Policy from conducting objective research on the social impacts of cannabis legalization.

The coalition also focused heavily on “clean slate” initiatives, housing stability and agricultural guidelines. Key legislation in this area includes the Clean Slate Act, a bipartisan measure that mandates the unsealing of certain federal records for nonviolent cannabis convictions to help affected individuals access employment and educational opportunities. Advocates are also championing the Veterans Safe Use of Cannabis for Healing Act and the Veterans Equal Access Act — additional bills to prevent Veterans Affairs benefits from being stripped away if veterans participate in illegal cannabis programs, and to allow VA doctors to prescribe medicinal cannabis in states where it is legal.

Another item on the coalition’s agenda is the Marihuana Federally Assisted Housing Parity Act, a state-enforced measure to protect people in federally assisted housing from eviction or denial of residency based solely on cannabis use. Finally, organizers are seeking clarification on hemp regulations through a series of farm bills.

As the coalition faced a fight against the entrenched Congress leadership, several lawmakers came out of their offices to show solidarity. After the press conference, Representative Ilhan Omar (D-MN) spoke plainly TMZ About changing currents inside the Capitol.

Omar noted that the enormous financial fallout of maintaining prohibition has fundamentally changed the conversation, making fiscal conservatives increasingly open to reform.

“I will say, legalization advocacy doesn’t necessarily mean you’re a user, so everybody can be an advocate … because we understand that it’s not good for us to spend the billions of dollars that we make now incarcerating people for smoking a port,” Omar said.

Omar also suggested that the Hill’s policy positions lag behind private reality. “I think so There are a lot of people in Congress who smoke cannabis“, he said.

As the three-day rally ended, organizers were optimistic, saying the breadth of the 41-group alliance is forcing lawmakers to view cannabis not as a boutique policy issue, but as a critical intersection of labor rights, immigration justice, veterans’ health care and economic equity, among others.

Whether their unity can propel legislative movement in a deeply polarized Congress remains to be seen, but advocates left Washington with a clear message: the floor for decriminalization has been set; the battle for the ceiling of total justice is underway.

This the article Originally published by the author The filteran online magazine that deals with drug use, drug policy and human rights from a harm reduction perspective. Keep the filter on Bluesky, X or Facebookand sign up for their newsletter.

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