Pulaski County Judge Voids 27 Arkansas Laws Restricting Medical Marijuana

On Wednesday, Pulaski County Circuit Judge Morgan “Chip” Welch issued a decision that voids 27 laws the Arkansas Legislature has enacted since 2017 concerning so-called “medical” marijuana in the state.

The ruling came as the result of a lawsuit by Good Day Farms Arkansas and Capital City Medicinals — two members of the “medical” marijuana industry.

In 2016 voters passed the Arkansas Medical Marijuana Amendment legalizing “medical” marijuana in the state. The measure is now Amendment 98 to the Arkansas Constitution.

Section 23 of Amendment 98 lets the Arkansas Legislature make changes or additions to Amendment 98 upon a two-thirds vote of the Arkansas House of Representatives and the Arkansas Senate.

Since then, the legislature has used that authority to enact a number of reasonable restrictions on marijuana. 

For example, in 2019 lawmakers passed good measures like S.B. 440 that prohibits marijuana stores from selling marijuana-infused candy and other foods that are likely to appeal to children and S.B. 442 restricting medical marijuana advertisements in much the same way as tobacco advertisements. Wednesday’s ruling nullifies both of these good laws.

Despite Amendment 98’s wording, Judge Welch ruled that changes to Amendment 98 should have been made as further constitutional amendments referred to the people for a vote.

The decision says in part,

The Court, therefore, FURTHER FINDS AND DECLARES the 27 subsequent Acts of the General Assembly to be UNCONSTITUTIONAL and VOID, and that the ORIGINAL TEXT OF AMENDMENT 98 as adopted by the
people REMAINS IN EFFECT.

Arkansas Attorney General Tim Griffin says his office plans to appeal the case to the Arkansas Supreme Court.

You can read Judge Welch’s ruling here.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Most Americans Say Transgenderism is “Morally Wrong” and Athletes Should Compete Based on Sex: Gallup Poll

In a new Gallup Poll, most Americans surveyed say that transgenderism is “morally wrong” and that transgender athletes should compete according to their biological sex — not their gender identity.

The survey findings released on Monday show 55% of Americans consider “changing one’s gender” to be “morally wrong.” That’s up from 51% in 2021.

The percentage surveyed who said it is “morally acceptable” for a person to change genders has fallen from 46% in 2021 to 43% in 2023.

The survey also found fewer Americans believe biological male athletes who identify as female should be able to compete in female sports — and vice versa.

In May of 2021, 34% of Americans surveyed said transgender athletes should be able to play on the sports team that matches their gender identity. This year’s survey shows that number has fallen to 26%.

Meanwhile 69% of Americans said athletes should compete based on their biological sex. That’s up from 62% in 2021.

The numbers do not break clearly along party lines, either.

Gallup’s researchers noted, “Republicans, Democrats and independents are all modestly less supportive of transgender athletes playing on current gender identity teams today than two years ago.”

The reports show public opinion nationwide tracks with laws that Arkansas has enacted in recent years.

For example, Act 461 of 2021 by Sen. Missy Irvin (R — Mountain View) and Rep. Sonia Barker (R — Smackover) helps protect fairness in women’s sports by preventing male student athletes from competing against girls in women’s athletics at school. In January a federal district court upheld a similar law in West Virginia as constitutional.

In 2021 the Arkansas Legislature overwhelmingly passed the Save Adolescents From Experimentation (SAFE) Act. The SAFE Act is a good law that protects children in Arkansas from cross-sex hormones, puberty blockers, and sex-reassignment surgeries. However, the law has been tied up in court since the summer of 2021

This year the Arkansas Legislature passed Act 274 by Sen. Gary Stubblefield (R – Branch) and Rep. Mary Bentley (R – Perryville). This good law lets a child who undergoes a sex-change procedure sue the healthcare provider who performed the procedure if the child suffers any physical, psychological, or emotional injury as a  result. The law also includes informed-consent requirements for sex-change procedures.

Over the past few years we have seen biological males dominate women’s athletics in some parts of the country.

For example, in 2019 Rachel McKinnon — a biological male who claims to be female — won the female Cycling World Championship.

More recently, biologically male athlete Lia Thomas shattered women’s swimming records and was even nominated for NCAA Woman of the Year.

Letting males compete in girls’ sports reverses 50 years of advancements for women and effectively erases girls’ athletics.

It hampers girls’ abilities to compete for athletic scholarships, and it hurts their professional opportunities as adults. In some sports, it can even be dangerous.

That is part of the reason states like Arkansas, Texas, and West Virginia have enacted laws that uphold fairness in women’s sports.

More and more, scientific evidence shows sex-reassignment procedures may be harmful to children. That is why it is important for our laws to protect children from these procedures and give them legal options they can follow if they are harmed by one of these sex-change procedures.

In 2021 a major hospital in Sweden announced that it would no longer give puberty blockers and cross-sex hormones to kids.

Last year the U.K.’s National Health Services closed its Tavistock gender clinic that gave puberty blockers and cross-sex hormones to children for many years. Many families have indicated their children were subjected to sex-reassignment at that clinic despite an obvious lack of scientific evidence in favor of the procedures and inadequate mental health screenings for children with gender dysphoria.

A gender-identity clinic in Scotland faces similar accusations from former patients who say healthcare professionals rushed them into sex-change procedures.

And last July the U.S. Food and Drug Administration finally added a warning label to puberty blockers in America after biological girls developed symptoms of tumor-like masses in the brain.

The fact that public opinion seems to be shifting on the transgender issue speaks volumes. It also underscores that Arkansas’ laws preserving fairness in women’s sports and protecting children from sex-change procedures reflect public opinion on the issue.