Lawsuit Seeks to Get Medical Marijuana Proposal off Arkansas' November Ballot
By: KARK 4 News
Updated: August 31, 2012
A lawsuit has been filed to get the medical marijuana proposal off Arkansas' November ballot.
The Coalition to Preserve Arkansas Values filed a lawsuit with the Arkansas Supreme Court today, asking the court to remove the measure.
Coalition members include Larry Page of the Arkansas Faith and Ethics Council, Jerry Cox of the Family Council Action Committee, Bill Wheeler and Alan Talburt of Families First Foundation, and Bob Hester of the Arkansas Family Coalition.
Jerry Cox, President of Family Council Action Committee and one of the plaintiffs in the lawsuit, issued a statement saying that the ballot proposal is legally insufficient.
"This ballot proposal is one hundred percent illegal under federal law," Cox said. "Marijuana is illegal because of federal statute passed by Congress. Only the federal government can change that. The Arkansas Constitution and the United States Constitution both prevent Arkansas from passing laws that blatantly defy federal law."
"This measure has little to do with compassionate care. If medical marijuana proponents had the best interests of patients in mind, they would lobby Congress to pass a legal measure that would let the medical community test marijuana for health applications. They would let the FDA prescribe unified treatment and dosing standards. That's what the American Medical Association thinks they should do, and I'm inclined to agree."
Cox went on to say the measure is vaguely worded and the ballot title is misleading. "This proposal is far-reaching. It has a lot of unintended consequences not specifically spelled out in the legislation. It lets medical marijuana users grow their own marijuana at home. It does not require marijuana to be dispensed through a pharmacy. If you think about it, it's harder to get Sudafed than marijuana under this measure.
"We're talking about a ballot proposal that's well over eight thousand words long and deals with everything from private medicine to criminal law to family law to employment law and even to apartment leases. When they get to the voting booth, the average voter won't have time to read the measure in its entirety, nor will they have the legal expertise necessary to cast an informed vote."
Cox said he hopes the Arkansas Supreme Court will recognize the legal insufficiencies inherent in the measure and remove it from the November ballot. "The democratic process is part of what makes America great, but we should not be in the business of hoodwinking voters into passing complex measures that blatantly defy federal law. That's wrong. I hope the court will recognize just how flawed and misleading this measure really is."
"This proposal is bad law based on bad science," said Larry Page, Director of the Arkansas Faith and Ethics Council. "If, in fact, there are components, such as THC, in marijuana that prove to have medical applications, there are safer, saner, and more effective ways to deliver those components that have been developed and are in the process of being developed. Use of these alternative methods to deliver any medical benefits in marijuana's components will avoid the considerable downsides to smoking marijuana, such as addiction, respiratory problems, and mental impairment."
Page added, "In those states where medical marijuana laws have been enacted, the enforcement of criminal laws related to the illegal marijuana trade have been frustrated and rendered largely ineffective. California and Colorado are two such states. One need only hear from some of those state's law enforcement officials to understand the scope of the problems. Should it become law, the terms of this medical marijuana initiative will produce similar headaches for our law enforcement personnel."
The Coalition to Preserve Arkansas Values filed a lawsuit with the Arkansas Supreme Court today, asking the court to remove the measure.
Coalition members include Larry Page of the Arkansas Faith and Ethics Council, Jerry Cox of the Family Council Action Committee, Bill Wheeler and Alan Talburt of Families First Foundation, and Bob Hester of the Arkansas Family Coalition.
Jerry Cox, President of Family Council Action Committee and one of the plaintiffs in the lawsuit, issued a statement saying that the ballot proposal is legally insufficient.
"This ballot proposal is one hundred percent illegal under federal law," Cox said. "Marijuana is illegal because of federal statute passed by Congress. Only the federal government can change that. The Arkansas Constitution and the United States Constitution both prevent Arkansas from passing laws that blatantly defy federal law."
"This measure has little to do with compassionate care. If medical marijuana proponents had the best interests of patients in mind, they would lobby Congress to pass a legal measure that would let the medical community test marijuana for health applications. They would let the FDA prescribe unified treatment and dosing standards. That's what the American Medical Association thinks they should do, and I'm inclined to agree."
Cox went on to say the measure is vaguely worded and the ballot title is misleading. "This proposal is far-reaching. It has a lot of unintended consequences not specifically spelled out in the legislation. It lets medical marijuana users grow their own marijuana at home. It does not require marijuana to be dispensed through a pharmacy. If you think about it, it's harder to get Sudafed than marijuana under this measure.
"We're talking about a ballot proposal that's well over eight thousand words long and deals with everything from private medicine to criminal law to family law to employment law and even to apartment leases. When they get to the voting booth, the average voter won't have time to read the measure in its entirety, nor will they have the legal expertise necessary to cast an informed vote."
Cox said he hopes the Arkansas Supreme Court will recognize the legal insufficiencies inherent in the measure and remove it from the November ballot. "The democratic process is part of what makes America great, but we should not be in the business of hoodwinking voters into passing complex measures that blatantly defy federal law. That's wrong. I hope the court will recognize just how flawed and misleading this measure really is."
"This proposal is bad law based on bad science," said Larry Page, Director of the Arkansas Faith and Ethics Council. "If, in fact, there are components, such as THC, in marijuana that prove to have medical applications, there are safer, saner, and more effective ways to deliver those components that have been developed and are in the process of being developed. Use of these alternative methods to deliver any medical benefits in marijuana's components will avoid the considerable downsides to smoking marijuana, such as addiction, respiratory problems, and mental impairment."
Page added, "In those states where medical marijuana laws have been enacted, the enforcement of criminal laws related to the illegal marijuana trade have been frustrated and rendered largely ineffective. California and Colorado are two such states. One need only hear from some of those state's law enforcement officials to understand the scope of the problems. Should it become law, the terms of this medical marijuana initiative will produce similar headaches for our law enforcement personnel."
Comments
I have always thought that Jesus healed the sick and the lame. As for the Family values that want to go against this being put to the voters of Arkansas I cannot understand them opposing this. If there family member was sick with cancer and could not keep any food down they would want this to herb to be available to them. I speak from experience because medical marijuana saved my life after a bone marrow transplant that I had to treat [censored] cancer. My family was valuing my life over the law and got me the medicine I needed to survive. No sick person should have to face being arrested for using medicine to make them well. If you have never faced this sort of illness it is hard to explain how important medical marijuana was to me and my survival. We need to treat these people with compassion and VOTE YES ON 5!!!
Katherine K.
September 6, 2012 at 2:28 pm
I have always thought that Jesus healed the sick and the lame. As for the Family values that want to go against this being put to the voters of Arkansas I cannot understand them opposing this. If there family member was sick with cancer and could not keep any food down they would want this to herb to be available to them. I speak from experience because medical marijuana saved my life after a bone marrow transplant that I had to treat [censored] cancer. My family was valuing my life over the law and got me the medicine I needed to survive. No sick person should have to face being arrested for using medicine to make them well. If you have never faced this sort of illness it is hard to explain how important medical marijuana was to me. We need to treat these people with compassion and VOTE YES ON 5!!!
Katherine K.
September 6, 2012 at 2:26 pm
I have always thought that Jesus healed the sick and the lame. As for the Family values that want to go against this being put to the voters of Arkansas I cannot understand them opposing this. If there family member was sick with cancer and could not keep any food down they would want this to herb to be available to them. I speak from experience because medical marijuana saved my life after a bone marrow transplant that I had to treat [censored] cancer. My family was valuing my life over the law and got me the medicine I needed to survive. No sick person should have to face being arrested for using medicine to make them well. If youn have never faced this sort of illness it is hard to explain how important medical marijuana was to me. We need to treat these people with compassion and VOTE YES ON 5!!!
Katherine K.
September 6, 2012 at 2:20 pm
To bad these folks who are behind this lawsuit don't understand that the states' empower the U.S. Federal Government, not the other way around. If any state chooses to create a law or add one to their State Constitution which is at odds with Federal Statute, they have every right too as long as it doesn't violate the U.S. Bill Of Rights. This medical marijuana statute would not do that. Further, it always just makes me feel so much more secure knowing I always have a load of closed minded, control freaks watching out for mine and everyone else's personal freedoms.....NOT!
Tom S.
September 2, 2012 at 5:39 pm
Well fortunately the people that brought this ridiculous lawsuit are NOT in the majority,,,,,some of the ideals of their platform are simply false. I sure hope that noone in your families suffer from a debilitating disease that cannabis can ease!
Trey H.
August 31, 2012 at 2:06 pm
Well fortunately the people that brought this ridiculous lawsuit are NOT in the majority,,,,,some of the ideals of their platform are simply false. I sure hope that noone in your families suffer from a debilitating disease that cannabis can ease!
Trey H.
August 31, 2012 at 2:06 pm
Well unfortunately the people that brought this ridiculous lawsuit are NOT in the majority,,,,,some of the ideals of their platform are simply false. I sure hope that noone in your families suffer from a debilitating disease that cannabis can ease!
Trey H.
August 31, 2012 at 2:05 pm
Please, Arkansas, don%u2019t fall victim to the %u201Cmedical%u201D marijuana scam. I have worked in Little Rock for almost 10 years now but I live in Denver, Colorado. In 2000, I voted to support Amendment 20 allowing marijuana for medical use. I thought this could actually help very sick people deal with pain and suffering (and I still believe in some cases it has). I had NO IDEA how corrupt this would become and how many unforeseen consequences there would be from allowing this. There are reports and studies showing the increased use among Colorado teens (for example http://www.medicinenet.com/script/main/art.asp?articlekey=160996 and http://www.ednewscolorado.org/2012/02/22/33516-research-shows-adverse-effects-of-marijuana-on-teens-as-drug-use-among-students-appears-to-be-rising are examples). We have also recently seen a law enforcement report showing Colorado%u2019s %u201Cmedical%u201D marijuana fueling the black market across the United States, see http://www.rmhidta.org/default.aspx/MenuItemID/687/MenuGroup/RMHIDTAHome.htm
These are just a few of the major unforeseen consequences we have experienced in Colorado since allowing marijuana for medical use. How about the increase in serious traffic accidents by people using marijuana, or the lawsuits that are constantly being filed by terminated employees and people on probation who claim a %u201Cright%u201D to use marijuana, or the corrupt doctors who dole out marijuana prescriptions to anyone who has $150 bucks in their pocket? I think this has done far more harm than good and I beg all of Arkansas%u2019 voters to consider voting no and supporting efforts to keep this out of my adopted second state.
I know most of you who blog will be on the other side of this issue. I was like you a decade ago. If you believe in marijuana for medical use then please push for national law changes rather than going down this path state-by-state. Get the FDA involved and find the same type of regulatory system as prescription medications where potency and dose can be dispensed to those in need.Although the Arkansas proposal is different than Colorado%u2019s I believe we will inevitably see the same type of exploitation of loopholes that ultimately turn a companionate measure for the sick into a perverse corruption of greed and drug abuse.
Mark D.
August 31, 2012 at 12:24 pm
You knew it was coming. Larry and Jerry know what is best for you and what medical needs you can have. They know better than you. They know you are to dumb to read the information and make an informed decision on your own so they will do the thinking for you.
William S.
August 31, 2012 at 10:47 am
