Arkansas Voters Come Out in Opposition to Cannabis Legalization

A wide margin of defeat held steady throughout the night, as Arkansas election returns held legalization efforts at bay.

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This story was updated on Nov. 9

Arkansas voters have had their say on Issue 4, a constitutional amendment to legalize adult-use. The state was one of five with a shot at legalization in this election.

RESULTS: As of 8 a.m. ET / 7 a.m. CT Wednesday, with an estimated 92% of the vote in, according to the New York Times, Issue 4 is drawing a 56% "no" vote and a 44% "yes" vote. That margin held steady throughout the night of the election.

"I am disappointed by Arkansas’ failure to pass any adult-use cannabis initiatives this election season," Jeffrey M. Zucker, vice chair of the Marijuana Policy Project Board of Directors, said. "This state has a long way to go in its efforts to right the wrongs of the war on drugs, but I believe in the cannabis activists working in Arkansas. I look forward to cheering on their progress in in the future."

Responsible Growth Arkansas, the organizing campaign behind Issue 4, reportedly spent more than $12 million to support this constitutional amendment. The constitutional amendment landed on this November 2022 ballot after multiple other attempts failed throughout the pandemic years; Issue 4 was even subjected to an Arkansas Supreme Court order denying the ballot measure in September, though the campaign ultimately prevailed.

Read the full initiative below.

“The rejection of Issue 4 by Arkansas voters represents a lost opportunity by the state to reduce the workload of police while raising needed tax revenue for state services and to support law enforcement," Wana Brands CEO Nancy Whiteman said. "We are hopeful that leaders in the state will continue to push for expansion of access to cannabis for adults in the coming months and years, and we will continue to support our Arkansas partner, River Valley Relief, to meet the needs of Arkansas’ medical cannabis patients.”

A separate measure, Issue 2, also failed at the ballot. That measure would have mandated a 60% supermajority of votes for any future ballot initiatives and constitutional amendments, in theory making subsequent attempts at cannabis legalization that much more difficult to pass. With 59% percent of voters opposed to that idea, however, it won't be an obstacle if and when Arkansas' cannabis reform advocacy groups mount another effort.

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At 8:50 p.m. ET / 7:50 p.m. CT Nov. 8, THV11, the Little Rock CBS station, called the governor's race for Republican Sarah Huckabee Sanders. In CBT's gubernatorial roundup, Associate Editor Tony Lange wrote: "Regarding Responsible Growth’s 2022 ballot initiative, Sanders told reporters Oct. 3 she plans to vote against the measure. 'I don't think that with the drug epidemic that we have across this state, frankly across the country, that adding and giving more access to that does anything to benefit Arkansas, so I certainly wouldn't be supportive of that,' she said, as reported by the Arkansas Democrat-Gazette."

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Originally published Nov. 8

In 2016, Arkansas voters approved a medical cannabis initiative with 53% of the vote. Recent polling from the past few weeks suggests about 50% support for the 2022 adult-use legalization amendment, however, a notable decline from polling conducted just a few weeks prior. In part, that's because a suite of vocal opponents has come out against Issue 4 (while being fervently in support of cannabis legalization in the abstract), including Arkansas NORML, which had a hand in its own 2020 effort to legalize adult-use cannabis.

"When you control the industry, you can set the prices to whatever you want to and make people pay it," Melissa Fults of Arkansas NORML said. "[Issue 4] would also destroy the medical industry we worked so hard to build. It’s worth the risk to vote ‘No'. Something is not always better than nothing. This is not better than nothing. This is actually worse." (Fults helped write the original 2016 medical cannabis amendment.)

Supporters of Issue 4, including the campaign organization Responsible Growth Arkansas, leaned into the public safety aspects of legalization.

"We all know that funding and supporting the police is important," according to an advertisement run by Responsible Growth Arkansas. "Our brave men and women in law enforcement deserve our support. You can vote to support our law enforcement by voting for Issue 4 this election. Issue 4 will safely legalize the sale of cannabis to adults 21 and older, and creates revenue that goes to more funding for local police departments, more funding for protecting our communities, more funding for safer streets. A vote for Issue 4 is a vote to support our police."

Read more in our earlier report on Issue 4, which includes a breakdown of how multiple efforts at legalizing cannabis in Arkansas led to this particular moment:

To supply the market under Issue 4’s structure, the state would issue eight Tier 1 cultivation licenses to the current medical growers. The state would issue another 12 Tier 2 cultivation licenses. Those Tier 2 license-holders would be capped at 250 mature plants at a given time.

On the retail side, the state would extend opportunities for medical dispensaries to serve adult-use customers, as well. The 40 extant medical dispensary license holders would be allowed to begin serving adult-use customers and go on to open another recreational-only dispensary location. And then the state would tee up another 40 retail licenses to be issued at a later date. That would bring the total to 120 dispensary locations across the state.

In Arkansas, medical dispensaries may also grow a limited number of plants and operate as vertically integrated businesses on a small scale.

“The measurable economic impact of introducing an adult-use marijuana market, including economic activity diverted from illicit markets, is estimated to increase state gross domestic product by up to $2.36 billion over five years and increase employment of up to 6,400 jobs by 2027,” Michael Pakko, chief economist at the Arkansas Economic Development Institute, said in a press release announcing a new economic impact study. 

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