“I don’t consider it to be an ideal amendment, but given the stuff that state government has been up to, I’m not sure we’ll get a chance to get something better.”
By Hunter Field, Arkansas Advocate
For some voters, whether they’ll vote to legalize recreational marijuana in Arkansas next week comes down to one question.
Could 60 percent of Arkansas voters support marijuana legalization in a future election?
It’s this group of cannabis proponents that makes Issue 4 on the November 8 ballot so interesting.
They dislike Issue 4’s strict market structure and continued prohibition on growing marijuana at home, but they also fear it could be Arkansas’ last real shot at legalization.
Complicating the matter is Issue 2, another November 8 ballot initiative that would require future referendums to win 60 percent of the vote instead of the current 50.1 percent threshold.
Andrés Stevens, a voter from Washington County, finds it “unconscionable” that Issue 4 doesn’t include a mechanism to expunge past nonviolent marijuana offenses, but he said he “held his nose” and voted for the measure on Saturday after considering the long term.
He believes Issue 2 could pass, and even if it doesn’t, Stevens thinks the General Assembly will continue looking for ways to make it harder for future ballot initiatives to pass.
“I fundamentally see issue 4 as harm reduction,” he said. “I don’t consider it to be an ideal amendment, but given the stuff that state government has been up to, I’m not sure we’ll get a chance to get something better.”
A tall hill to climb
Around the country, it has proved difficult, even in solidly blue states, to get 60 percent of voters to support cannabis legalization.
Of the 12 states that have legalized recreational marijuana by referendum, only New Jersey (67 percent in 2020) and Arizona (60 percent in 2020) saw greater than 60 percent support of legalization, an Arkansas Advocate analysis of election data found.
Marijuana is legal for recreational use in 19 states, but the other seven states legalized the drug through the legislative process rather than ballot initiatives.
Nationally, public opinion has consistently exceeded 60 percent in favor of legalization, including the most recent Monmouth poll, which found 68 percent of Americans support recreational cannabis.
David Couch, the Little Rock attorney who drafted Arkansas’ medical marijuana amendment, said that public opinion on cannabis has shifted over the last few years.
Couch, a longtime cannabis proponent, has been one of the most vocal opponents of Issue 4, and he has pledged to draft a “better” legalization measure for the 2024 ballot. He believes getting 60 percent is possible.
“This issue is the same as same-sex marriage,” Couch said. “It’s a snowball running down the hill. You’re going to hop on or get run over by it.”
Eddie Armstrong, the former state representative who is chairman of the groups sponsoring Issue 4, Responsible Growth Arkansas, said that polling continues to show greater than 50 percent support for Issue 4, but the group planned to continue campaigning hard.
When Talk Business and Politics polled the issue in September, it found 58 percent of 834 likely voters supported Issue 4.
Talk Business’s most recent poll in mid-October showed the margin has slimmed considerably, with 50.5 percent of the 974 likely voters surveyed in favor of Issue 4.
Asked about his pitch to those legalization proponents who have concerns about Issue 4, Armstrong said the decriminalization offered by the amendment is too great an opportunity to pass up.
“Our pitch to people like that is if we fail to act now, with the 60 percent voter threshold looming in the future, the opportunity to get something in place is right now for Arkansans,” he said in an interview. “If in the future we’re faced with the 60 percent threshold, we’ll be looking at an unclimbable hill being the reality.”
State ballot measures have had an easier time exceeding 60 percent than national cannabis initiatives, but many of the state’s recent high-profile initiatives would have failed if they needed 60 percent.
Some examples of initiatives that have received greater than 60 percent of the vote:
- The initiated act to increase Arkansas’ minimum wage in 2018 (68 percent)
- The 2018 constitutional amendment making it a requirement to show photo ID to vote (79 percent)
- The 2008 amendment that created the state lottery and lottery scholarship program (62 percent)
Some of the initiatives that have received less than 60 percent:
- In 2016, the medical marijuana amendment received 53 percent.
- In 2018, the amendment allowing casinos garnered 54 percent.
- In 2008, the amendment that prohibited those cohabitating outside of a “valid marriage” from adopting or fostering children received 57 percent.
Issue 4 has split people who are usually political allies as well as made for strange bedfellows.
State Sen. Greg Leding (D-Fayetteville), one of the most liberal members of the General Assembly, has used Twitter to encourage followers to vote “No” on Issue 4.
The Arkansas Democratic Black Caucus also polled its members, and a majority recommended opposing Issue 4.
Leding, in a thread of tweets Monday, said Issue 4 was not the last shot Arkansans would have at legalizing cannabis.
To those who say this is our only shot, it's not.
In a four-year span, our state twice raised minimum wage with more than 60-percent support (2014, 2018) and approved medical marijuana (2016).
Before voters knew more about Issue 4, it polled near 60 percent.#ARpx
— Greg Leding (@GregLeding) October 31, 2022
“Rejecting Issue 4 isn’t about waiting for a ‘perfect’ policy; it’s about rejecting what would literally be the worst such policy in the U.S.,” Leding wrote. “We need and deserve better. Very limited competition, nothing that addresses criminal justice issues—I’m voting no.”
In response, Charles Blake, the former state lawmaker from Little Rock who was the House minority leader, said Issue 4 was a “necessary first step.”
I know the disproportionate rate at which minorities are charged with marijuana possession may not be a concerning matter to you, but it’s something I think about often, and your argument to allow this practice to go on for atleast 2 more years, is frustrating and disappointing
— Charles Blake (@charlesjblake) October 31, 2022
“I know the disproportionate rate at which minorities are charged with marijuana possession may not be a concerning matter to you, but it’s something I think about often, and your argument to allow this practice to go on for at least 2 more years, is frustrating and disappointing,” Blake wrote.
Stevens, the voter from Northwest Arkansas, also pointed to the revenue that Arkansas would miss out on by waiting two additional years. It’s not only the added revenue from Arkansans purchasing cannabis, but Stevens also said he believes Arkansas would see “cannabis tourism” from residents of Tennessee and Texas where the drug remains illegal.
“We have a narrow window of opportunity that is ever-shrinking to take advantage,” he said.
Armstrong, like Blake, said that decriminalizing marijuana and ensuring no else goes to jail for simple possession is important.
“There is not a one size fits all [proposal], but it’s a darn good step in the right direction for Arkansas,” he said.