Ban on Medical Cannabis Smoking Denied in Arkansas

Two attempts to drastically limit the way Arkansas patients may consume medical cannabis failed or were amended to allow home smoking. Arkansas Senators recently voted down Senate Bill 357, which would have prohibited the smoking of medical cannabis at any location in the state. Another similar restrictive bill, however, was amended to allow patients to smoke cannabis in the safety of their own home.

SB-357 would have added one line to the Arkansas Medical Marijuana Amendment with the stipulation that a patient cannabis cannot “smoke marijuana in any location in Arkansas.” The methods of ingestion would be severely limited. Last week, SB-357 was voted down by in the Senate by 11-15.  SB 357’s sponsor, Jason Rapert of Bigelow, filed a motion to expunge the failed vote, which also failed. A total of 23 Senators chose not to vote on Rapert’s motion to expunge the original vote.

Rep. Robin Lundstrum’s House Bill 1400 also prohibited any kind of smoking, and was approved by the House of Representatives. HB-1400, however, was amended by Lundstrum on Monday, March 13, to allow home smoking. HB-1400 now advances to the Senate and is being reviewed by the Public Health, Welfare and Labor Committee. The revised bill also prohibits smoking in the presence of anyone younger than 14, in the presence of a pregnant woman or smoking anywhere that may cause second-hand smoke. Those under 21 would be prohibited from smoking, however, they would be permitted to ingest medical cannabis in pill form. The House unanimously voted 88-0 in favor of the bill.

If the bill is approved by both the Senate and the House, it will make its way to Gov. Asa Hutchinson to be signed into legislation. Any proposed bills that would amend the Arkansas Medical Marijuana Amendment must be approved by a two-thirds vote in both the Senate and House.