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Medical marijuana on Nov. ballot

6:06 PM, Aug 23, 2012   |    comments
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  • From the "Arkansans for Compassionate Care" Facebook page.
    
 PDF Document: Medical Marijuana language

LITTLE ROCK, Ark. (KTHV) -- Citizens will make the choice: legalize medical marijuana in Arkansas or not?

On Wednesday, the Arkansas Secretary of State's Office approved the measure for voters in November.

According to the language on the ballot, the measure would "establish a system for the cultivation, acquisition and distribution of marijuana for qualifying patients through nonprofit medical marijuana dispensaries."

The Arkansas Medical Marijuana Act calls for 30 dispensaries around the state. Or patients could grow it themselves, under strict guidelines, if they live more than 5 miles from the nearest dispensary.

"They would be permitted to grow up to six plants in order to get the marijuana," said Paula Casey, the interim Dean for the Bowen School of Law at UALR.

She breaks down the provisions.

"It would allow patients who are suffering from one of the listed diseases or conditions to possess up to two-and-a-half ounces of marijuana without being subject to criminal penalties under state law," Casey said.

Among those ailments: Cancer, HIV-AIDS, Tourette's, Post Traumatic Stress Disorder, Severe Nausea, and Seizures.

"It's cancer without being further defined, so I would assume anything that would come under that," Casey said. 

The Arkansas Department of Health would establish identification cards for patients and create the rules governing the dispensaries, according to the act.

"With doctors giving what they call a referral to a dispensary or a recommendation for marijuana as opposed to calling it a prescription," added cases.

There are 17 states plus the District of Columbia which have approved the use of medical marijuana. But despite a state's approval, it remains a federal violation.

"Regardless of what happens with the act in Arkansas, it is a Schedule 1 controlled substance under federal law, which means that people who might not be prosecutable under Arkansas state law, could still be prosecuted by federal authorities for the possession or use of marijuana," said Casey. 

If the Arkansas Medical Marijuana Act passed, it would not take effect immediately.

The Arkansas Department of Health would hold public hearings as it establishes the rules and the process of applications for medical marijuana.

The full language for the medical marijuana ballot measure, including a list of all the medical conditions, is attached as a PDF to this story. (http://on.kthv.com/PfolKZ)

Twitter @BuhrmanM