In November about 53 percent of Arkansas voters gave their OK to a state constitutional amendment authorizing the cultivation, sale and use of marijuana for medical purposes.
And although, technically, the new law went into effect immediately, implementation was delayed so a state board could be set to regulate the drug-and, as it turns out, so the Legislature could monkey around with it a bit.
In this year's legislative session there were a flurry of medical marijuana regulatory bills. And a number passed that will restrict the sale and use of the stuff whenever the state gets around to moving forward.
Medical marijuana will not be allowed anywhere tobacco is prohibited or anywhere it could affect anyone not authorized to use the drug, so forget about lighting up in restaurants, bars and a lot of public-and even some private-places. Also, smoking pot is forbidden around pregnant women or where children under 14 are present. That could affect users who have young children. And of course forget about smoking in cars or trucks.
It can't be sold from vending machines and must come in child-proof packaging. Dispensaries must employ licensed pharmacists. No signs or advertising that could attract children will be allowed. And any edible product cannot contain more than 10 milligrams of the plant's active ingredient, THC.
Public schools can send a child home if it is believed the student is impaired from medical marijuana. Members of the military or Arkansas National Guard cannot use the product, nor is it allowed on any military or Guard property.
And, in perhaps the most important and controversial new provisions, employers will be able to establish drug-free workplaces and drug testing. They can refuse to hire those using the drug and can reassign, suspend or fire employees for using medical marijuana during work hours or on company
property. And employers are shielded from legal action if they do so in most cases.
All the new restrictions required a three-fourths vote in the Legislature.
We don't see anything wrong with the restrictions, but we do see trouble ahead. Since the amendment assumes some Arkansans need marijuana for medical reasons, there will certainly
be court challenges to restrictions about when and where they can avail themselves of the "treatment." Especially in the workplace. We expect to see a conflict with the Americans With Disabilities Act play out in court.
That's probably unavoidable in any case. Workers have rights, but so do employers. And as society becomes more and more accepting of marijuana, the disparity between the two has to play out.
In any case, those who anticipate the day when medical marijuana will be legally available will have to wait a bit longer. The deadline for the state to start accepting applications for cultivation facilities and dispensaries was June 1. One of the passed bills extended that deadline to July 1.