LITTLE ROCK, Ark. (AP) — The Arkansas Supreme Court on Thursday upheld a proposed ballot measure that, if successful, would make the state the first in the South to legalize medical marijuana.
Justices rejected a challenge by a coalition of conservative groups who had asked the court to block the proposed initiated act from the November ballot or order the state to not count any votes cast on the issue.
The measure would allow patients with qualifying conditions to buy marijuana from nonprofit dispensaries with a doctor's recommendation. The proposal acknowledges that marijuana is still illegal under federal law, but the Coalition to Protect Arkansas Values argued that it doesn't adequately explain that approved users could still face federal prosecution.
"We hold that it is an adequate and fair representation without misleading tendencies or partisan coloring," the court wrote. "Therefore, the act is proper for inclusion on the ballot at the general election on Nov. 6, 2012, and the petition is therefore denied."
Arkansas will be the first Southern state to put the medical marijuana question to voters. Seventeen states and the District of Columbia have legalized it in some fashion. Massachusetts voters are also expected to vote on the issue this fall, while the North Dakota Supreme Court ruled a medical marijuana initiative can't appear on that state's ballot.
The conservative coalition argued that Arkansas' 384-word ballot question doesn't accurately describe other consequences of passing the 8,700-word law, including a provision that would allow minors to use medical marijuana with parental consent.
The group behind the measure, Arkansans for Compassionate Care, told the court it believes the measure is sufficiently fair to go before voters.
Under the proposal, qualifying health conditions would include cancer, glaucoma, HIV, AIDS and Alzheimer's disease. The proposal also would allow qualifying patients or a designated caregiver to grow marijuana if the patient lives more than 5 miles from a dispensary.
The conservative coalition's members include leaders of the Arkansas Faith and Ethics Council, the Family Council Action Committee and the Families First Foundation.
Past efforts to put medical marijuana on the ballot in Arkansas have faltered, though voters in two cities in the state have approved referendums that encourage police to regard arrests for small amounts of marijuana as a low priority.
Supporters of the current proposal mounted an organized and well-funded campaign that surprised many political observers. Arkansans for Compassionate Care, the group advocating for the measure, won ballot access after submitting far more than the required 62,500 signatures.

Comments (31)
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I'm a red-dog conservative and former cop who knows cancer patients that say MJ helps alleviate their pain without side-effects. I think they should get whatever helps them. I believe it should be treated like alcohol. Arrest those who mis-use it and let responsible adults make their own choice. IMHO, the only reason MJ is illegal is that people can grow it at home, so the government can't figure out how to tax it.
Hmm
"the only reason MJ is illegal is that people can grow it at home, so the government can't figure out how to tax it."
So why aren't vegetables illegal?
Oh my.
Please remove your post. Don't want some liberal politician to be reminded they are missing an opportunity for a "Broccoli Tax", because everybody knows that only the rich can afford broccoli.
Yeah
Maybe it will help those breast cancer patients with their pain since some people fear donating to breast care and other women health care issues because the money will be used on non-breast care issues.
addition
"IMHO, the only reason MJ is illegal is that people can grow it at home"
I think we should add that it can be grown at home "easily". People can make their own alcohol at home too, but it's a fairly difficult process which I'm sure deters most.
Personally, I think the
Personally, I think the process is about the same for both. A decent batch of homemade wine takes me about four months from start to finish.
I agree
Reportedly, it would really help cancer patients better than strong narcotics.
Legalize it, truth be told...it's probably SAFER than alcohol anyway.
Top 20
I say let us become 18th
Seventeen states and the District of Columbia have legalized it in some fashion.
By now everyone knows that alcohol is FAR and ABOVE more detrimental than THC. If anyone has had to be around a cancer patient during a round of chemo anything that helps a person thur that process should be allowed. Like any drug it can and people will abuse it. Ask Rush Limbaugh!!!!
Also I would like for people to NOTE this law is VERY restrictive on what conditions can use it for treatment. None of this "CHRONIC" back pain BS so some 18 year old dufus can smoke legal.
Maybe, maybe not...
"None of this "CHRONIC" back pain BS so some 18 year old dufus can smoke legal."
From the Act itself:
"(d) “Qualifying Medical Condition” means one or more of the following:
(i) Cancer, Glaucoma, positive status for Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS), Hepatitis C, Amyotrophic Lateral Sclerosis, Tourette's Disease, Crohn’s Disease, ulcerative colitis, Post Traumatic Stress Disorder (PTSD), Fibromyalgia, agitation of Alzheimer’s Disease or the treatment of these conditions;
(ii) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or Wasting Syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment or surgical measures for more than 6 months; severe nausea; seizures, including those characteristic of Epilepsy; or severe and persistent muscle spasms, including those characteristic of Multiple Sclerosis;
(iii) Any other medical condition or its treatment approved by The Department"
So, it includes PSTD (which has been a relatively common diagnoisis for people experiencing eveything from war to automobilie accidents) and "severe and persistent muscle spasms" which is a condition the patient would have to describe to the doctor (how would you test for that?).
Definitely room for abuse as it is written.
Oh wow
how far out dude, like I got the severe peripheral neuropathy thing going on so where does old burn-out from the 60s sign up?