Cox v. Martin

2012 Ark. 352, 423 S.W.3d 75, 2012 WL 4463136, 2012 Ark. LEXIS 387
CourtSupreme Court of Arkansas
DecidedSeptember 27, 2012
DocketNo. 12-740
StatusPublished
Cited by11 cases

This text of 2012 Ark. 352 (Cox v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cox v. Martin, 2012 Ark. 352, 423 S.W.3d 75, 2012 WL 4463136, 2012 Ark. LEXIS 387 (Ark. 2012).

Opinion

KAREN R. BAKER, Justice.

|, Petitioners, Jerry Cox, Larry Page, Bill Wheeler, and Dr. William H. Benton, Individually, and on Behalf of Coalition to Preserve Arkansas Values (“CPAV”), bring this original action requesting this court to review the legal sufficiency of the popular name and ballot title of the Arkansas Medical Marijuana Act (“the Act”). CPAV requests this court to declare the popular name and ballot title of the Act legally insufficient, and hold that, if enacted, the Act will conflict with the state and federal constitutions and would violate state and federal law. Further, CPAV asks this court to remove the Act from the November 6, |22012 ballot. We hold that the Act’s popular name and ballot title are legally sufficient and deny CPAVs petition.

This court has original jurisdiction of this case pursuant to Ark. Sup.Ct. R. 6-5(a) (2011). Rule 6-5(a) provides that this court has original jurisdiction in “extraordinary actions required by law, such as suits attacking the validity of statewide petitions filed under Amendment 7 of the Arkansas Constitution.” Amendment 7 is codified in article 5, § 1 of the Arkansas Constitution and is referred to as Amendment 7. Ark. Const, art. 5, § 1, (amended by amend. 7).

This is an original action challenging the legal sufficiency of the Act’s popular name and ballot title. Intervenors, Arkansans for Compassionate Care (“ACC”), is the sponsor and Ballot Question Committee of the Act. The Act purports to authorize the use of marijuana for medical purposes. As the sponsor, ACC first submitted the Act to the Attorney General for certification on February 11, 2011, and then again on March 16, 2011. After revisions were made, on April 18, 2011, the Attorney General substituted a revised popular name and ballot title for the Act. On that same day, the Attorney General notified ACC of the certification and also notified the Secretary of State of the certification. In accordance with Arkansas Code Annotated § 7-9-107 (Supp.2011), and article 5, § 1 of the Arkansas Constitution, the Secretary of State published the name, ballot title, and full text of the Act within ten days of the Attorney General’s certification. Subsequent to the publication, ACC circulated its petitions for signatures. On August 22, 2012, the Secretary of State notified ACC that the popular name and ballot title met the necessary signature requirements of article |s5, section 1, and therefore, certified the popular name and ballot title to be placed on the November 6, 2012 ballot. On August 31, 2012, CPAV filed its petition requesting that this court review the legal sufficiency of the Act, the popular name, and the ballot title, it also filed a motion to expedite the petition. On September 4, 2012, ACC filed a motion intervene. On September 5, 2012, the Secretary of State responded to the petition; ACC also responded on September 5, 2012. On September 6, 2012, this court granted the motion to intervene and CPAVs motion to expedite the case. On September 7, 2012, the Intervenors filed a motion to amend the scheduling order to allow a reply brief and to request oral argument. On September 13, 2012, we denied the request for oral argument and motion to file a reply brief. On September 13, 2012, ACC filed a motion to dismiss, or in the alternative, a motion to reconsider the order denying the motion to amend the scheduling order to allow a reply brief and/or request for oral argument. On September 19, 2012, CPAV filed a response to ACC’s motion to dismiss, motion to reconsider, and request for oral argument.

The text of the popular name and ballot title of the Act is as follows:

Popular Name
The Arkansas Medical Marijuana Act
Ballot Title
AN ACT MAKING THE MEDICAL USE OF MARIJUANA LEGAL UNDER ARKANSAS STATE LAW, BUT ACKNOWLEDGING THAT MARIJUANA USE, POSSESSION, AND DISTRIBUTION FOR ANY PURPOSE REMAIN ILLEGAL UNDER FEDERAL LAW; ESTABLISHING A SYSTEM FOR THE CULTIVATION, ACQUISITION AND DISTRIBUTION OF MARIJUANA FOR QUALIFYING PATIENTS THROUGH NONPROFIT MEDICAL MARIJUANA DISPENSARIES AND GRANTING THOSE NONPROFIT DISPENSARIES LIMITED IMMUNITY; ALLOWING LOCALITIES TO LIMIT |4THE NUMBER OF NONPROFIT DISPENSARIES AND TO ENACT REASONABLE ZONING REGULATIONS GOVERNING THEIR OPERATIONS; PROVIDING THAT QUALIFYING PATIENTS, THEIR DESIGNATED CAREGIVERS AND NONPROFIT DISPENSARY AGENTS SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL PENALTIES OR OTHER FORMS OF DISCRIMINATION FOR ENGAGING IN OR ASSISTING WITH THE PATIENTS’ MEDICAL USE OF MARIJUANA; AUTHORIZING LIMITED CULTIVATION OF MARIJUANA BY QUALIFYING PATIENTS OR DESIGNATED CAREGIVERS IF A QUALIFYING PATIENT LIVES MORE THAN FIVE MILES FROM THE NEAREST NONPROFIT DISPENSARY; AUTHORIZING COMPENSATION FOR DESIGNATED CAREGIVERS; REQUIRING THAT IN ORDER TO BECOME A QUALIFYING PATIENT, A PERSON SUBMIT TO THE STATE A WRITTEN CERTIFICATION FROM A PHYSICIAN THAT HE OR SHE IS SUFFERING FROM A QUALIFYING MEDICAL CONDITION; ESTABLISHING AN INITIAL LIST OF QUALIFYING MEDICAL CONDITIONS; DIRECTING THE DEPARTMENT OF HEALTH TO ESTABLISH RULES RELATED TO THE PROCESSING OF APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS, THE OPERATIONS OF NONPROFIT DISPENSARIES, AND THE ADDITION OF QUALIFYING MEDICAL CONDITIONS IF SUCH ADDITIONS WILL ENABLE PATIENTS TO DERIVE THERAPEUTIC BENEFIT FROM THE MEDICAL USE OF MARIJUANA; SETTING MAXIMUM REGISTRATION FEES FOR NONPROFIT DISPENSARIES; ESTABLISHING QUALIFICATIONS FOR REGISTRY IDENTIFICATION CARDS; ESTABLISHING STANDARDS TO ENSURE THAT QUALIFYING PATIENT AND DESIGNATED CAREGIVER REGISTRATION INFORMATION IS TREATED AS CONFIDENTIAL; DIRECTING THE DEPARTMENT OF HEALTH TO PROVIDE THE LEGISLATURE ANNUAL QUANTITATIVE REPORTS ABOUT THE MEDICAL MARIJUANA PROGRAM; SETTING CERTAIN LIMITATIONS ON THE USE OF MEDICAL MARIJUANA BY QUALIFYING PATIENTS; ESTABLISHING AN AFFIRMATIVE DEFENSE FOR THE MEDICAL USE OF MARIJUANA; ESTABLISHING REGISTRATION AND OPERATION REQUIREMENTS FOR NONPROFIT DISPENSARIES; SETTING LIMITS ON THE AMOUNT OF MARIJUANA A NONPROFIT DISPENSARY MAY CULTIVATE AND THE AMOUNT OF MARIJUANA A NONPROFIT DISPENSARY MAY DISPENSE TO A QUALIFYING PATIENT; PROHIBITING CERTAIN CONDUCT BY AND IMPOSING CERTAIN CONDITIONS AND REQUIREMENTS ON PHYSICIANS, NONPROFIT DISPENSARIES, NONPROFIT DISPENSARY AGENTS, QUALIFYING PATIENTS, AND DESIGNATED CAREGIVERS; ESTABLISHING A LIST OF FELONY OFFENSES WHICH PRECLUDE CERTAIN TYPES OF | .PARTICIPATION IN THE MEDICAL MARIJUANA PROGRAM; AND ALLOWING VISITING QUALIFYING PATIENTS SUFFERING FROM QUALIFYING MEDICAL CONDITIONS TO UTILIZE THE ARKANSAS MEDICAL MARIJUANA PROGRAM.

I. Legal Sufficiency of the Ballot Title

The first issue before the court is whether the ballot title is legally sufficient. We have explained, “our decisions upon the sufficiency of ballot titles have been so numerous that the governing principles are perfectly familiar. On the one hand, it is not required that the ballot title contain a synopsis of the amendment or statute. It is sufficient for the title to be complete enough to convey an intelligible idea of the scope and import of the proposed law. We have recognized the impossibility of preparing a ballot title that would suit every one. Yet, on the other hand, the ballot title must be free from any misleading tendency, whether of amplification, of omission, or of fallacy, and it must not be tinged with partisan coloring.” Bradley v. Hall, 220 Ark. 925, 927, 251 S.W.2d 470

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Bluebook (online)
2012 Ark. 352, 423 S.W.3d 75, 2012 WL 4463136, 2012 Ark. LEXIS 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-martin-ark-2012.