State Board of Election Commissioners Votes Not to Certify Marijuana Amendment for November Ballot

FOR IMMEDIATE RELEASE
Wednesday, August 3, 2022

On Wednesday the State Board of Election Commissioners voted not to certify a ballot proposal to legalize marijuana in Arkansas.

Family Council President Jerry Cox issued a statement, saying, “This is good news. States that have legalized recreational marijuana have seen increases in drugged driving and traffic injuries. A growing body of medical research links marijuana with mental health problems. Arkansas simply does not need to legalize marijuana.”

Cox said the proposed amendment to legalize marijuana is misleading and poorly written. “The way the amendment is written, voters would not be able to understand this proposal. It repeals, replaces, and rewrites several parts of Arkansas’ medical marijuana amendment, and it adds new language to other parts of the Arkansas Constitution. It is unclear just how far-reaching some of these changes may be.”

Cox said Family Council will continue to oppose marijuana in Arkansas. “Marijuana is a multimillion dollar business, and the corporations who profit from it want to expand into Arkansas. Voters need to be prepared for the marijuana industry to work hard to push its agenda in our state. Family Council remains committed to opposing marijuana in Arkansas.”

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State Lawsuit Alleges Marijuana Company Misrepresented THC Levels in Vaping Product

A lawsuit filed in Arkansas’ Faulkner County Circuit Court in June alleges that marijuana businesses manufactured and sold vaping products whose THC levels were improperly labeled.

The lawsuit identifies J.W. Nguyen as an Arkansas resident who purchased a marijuana vape product marketed as being low in Delta-9 THC — the psychoactive chemical found in marijuana.

According to the lawsuit, marijuana products that are low in Delta-9 THC are permitted under federal law. The lawsuit claims that Nguyen later tested positive for Delta-9 THC after using the product, and it indicates that subsequent testing revealed the marijuana vape contained inappropriate levels of Delta-9 THC.

A photograph of the vape product’s label says the product “Contains Natural Hemp Extract.”

The lawsuit alleges that the mislabeling violates the federal RICO law, the Arkansas Deceptive Trade Practices Act, and the federal Magnuson-Moss Act.

This lawsuit filed in state court is separate from a federal RICO lawsuit brought against a group of marijuana businesses in July alleging the businesses conspired to mislabel THC levels in marijuana products.

Read the Lawsuit Filed in Faulkner County Circuit Court Here.

Marijuana Cultivators in Arkansas Face Class Action RICO Lawsuit

On July 12, three Arkansas residents filed a class action complaint in federal court in Little Rock against a group of medical marijuana cultivators and a marijuana testing company.

The complaint alleges that Natural State Medicinals (NSMC-OPCO LLC), Bold Team LLC, and Osage Creek Cultivation falsely labeled the marijuana they cultivated by overstating the amount of THC in their marijuana products.

The complaint also alleges that Steep Hill — a marijuana testing company — “routinely overstates the amount of THC in its [marijuana] flower” that it tests.

Arkansas’ medical marijuana amendment requires marijuana sold in the state to be tested. The complaint alleges that the defendants conspired to falsify the marijuana lab results.

The suit was filed under the Racketeer Influenced and Corrupt Organizations (RICO) Act, a federal anti-racketeering law, and it requests a trial by jury in the case.

In 2018 the state’s Medical Marijuana Commission authorized Natural State Medicinals, Bold Team LLC, and Osage Creek Cultivation to grow marijuana in Arkansas.

According to reports filed with the Arkansas Ethics Commission, Bold Team LLC and Osage Creek Cultivators have donated $700,000 each toward the campaign to legalize marijuana in Arkansas. Natural State Medicinals has donated $350,000.

Read the Class Action RICO Complaint Here.