In a significant development for Arkansas's medical marijuana industry, a Pulaski County judge struck down 27 proposed changes made by lawmakers to the state's medical marijuana amendment.
While the decision invalidates several major rules, including restrictions on advertising, bans on combustible products like pre-rolls and bongs, and other regulations, the legal battle is far from over, reported the Arkansas Times.
What Happened
Circuit Court Judge Morgan Welch ruled that the state legislature exceeded its authority by amending a constitutional amendment that was approved by voters in 2016. These amendments were intended to regulate the state's nascent medical marijuana industry.
The ruling comes after a lawsuit filed last year by Capital City Medicinal and Good Day Farm Arkansas, both active participants in the medical cannabis industry, per the Green Market Report.
Attorney General Tim Griffin's office, representing the defendants, plans to appeal the ruling to the state Supreme Court. Griffin expressed disappointment with the decision and emphasized his support for the General Assembly, believing that the ruling goes against the established method for amending the Arkansas Constitution.
As a result of the anticipated appeal, industry leaders have decided to postpone the launch of pre-roll sales and comply with legislative amendments until further clarity is provided by the Supreme Court.
Implications For The Industry
The ruling raises questions about potential implications for the medical marijuana industry, particularly regarding advertising limitations and availability of some products in dispensaries.
If the judge's decision is upheld, it could open the door for Arkansas'
medical marijuana companies to increase the potency of edibles and infused beverages, sell pre-rolls and other smokeable cannabis products and expand advertising efforts to a wider range of venues. Childproof packaging requirements would also be affected.
The final verdict of the state Supreme Court will determine the future of Arkansas' medical marijuana industry and its regulatory landscape. Until then, the industry remains in a state of uncertainty, awaiting the outcome of the ongoing legal battle.
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