Arkansas medical marijuana initiative found not to meet signature threshold, leaving 57 citizen-initiated measures for 2024

The last ballot initiative pending signature verification for the election on Nov. 5, 2024—Arkansas Issue 3—failed to make the ballot, according to Secretary of State John Thurston.

The total number of statewide ballot measures certified for elections in 2024 is 160. Several measures are facing litigation, which could result in them being voided before the election. Meanwhile, proponents of Issue 3 are challenging the state in court, seeking to have it certified.

From 2010 to 2022, the average number of statewide ballot measures in an even-numbered year was 161.

• On November 5, voters in 41 states will decide on 147 statewide ballot measures.
• On December 7, voters in Louisiana will decide on four constitutional amendments.
• Earlier in 2024, voters in five states decided on nine ballot measures. Voters approved five and rejected four of these measures.

Of the 160 measures, 57 are citizen-initiated. This is the highest number of citizen initiatives on the ballot in an even-numbered year since 2018 when there were 68 measures on the ballot. The average number of initiatives on the ballot from 2010 to 2022 was 53.

Arkansas Issue 3 would have expanded certain provisions of the state’s medical marijuana program, which was created through voter approval of Issue 6 in 2016. Issue 3 would have allowed home-grow marijuana and telehealth appointments for marijuana licenses, allowed other types of healthcare professionals beyond medical doctors to certify marijuana patients, and would have removed the registration and renewal fees.

Issue 3 would have allowed for adult use of recreational marijuana if marijuana is removed as a controlled substance from the Federal Controlled Substance Act or if and when possession of marijuana is no longer a criminal offense.

The measure was provisionally placed on the ballot because signature verification was ongoing amid the deadline for the final statewide ballot to be printed.

On September 30, 2024, Secretary of State John Thurston announced that votes on the measure would not be counted. Thurston determined that proponents submitted 88,040 signatures, falling short of the 90,704 signatures required. Proponents of the measure said they would pursue legal action to overturn Thurston’s determination and ask the state supreme court to validate the amendment and require that votes on the measure be counted.

There are lawsuits against ballot measures that could result in invalidating them before the election, including Arizona Proposition 140, Arkansas Issue 2, Nebraska Initiative 437 and Initiative 438, and Utah Amendment A.