Court ruling casts uncertainty on Arkansas’ medical marijuana program

OG article by Antoinette Grajeda

January 27, 2026

Arkansas’s medical marijuana program faces uncertainty after a December court decision clarified that state lawmakers can amend voter-approved constitutional initiatives — including the medical marijuana amendment passed in 2016. Patients and advocates have expressed concern about potential legislative interference with the program that has served more than 115,000 patients and grown into a billion-dollar industry treating conditions from Crohn’s disease to PTSD. The legal challenge stems from a broader national debate over the scope of legislative authority regarding citizen-initiated laws. Lawyer David Couch, who helped draft the amendment, says the court’s retroactive application of this power could upend longstanding precedent and emphasizes the need for a proposed ballot measure to prohibit lawmakers from changing citizen-led amendments without voter approval. Rep. Aaron Pilkington (R) suggested lawmakers aren’t eager to overhaul the program despite Republican supermajorities, pointing to revenue benefits that fund public programs like free breakfast for students. Patient advocates like Emily Williams and Christopher Duffy stress the program’s importance and worry about future access if lawmakers take advantage of the ruling. Signature gathering continues for the ballot measure that could clarify constitutional amendment protections and guard against legislative overreach.