Attorney General Leslie Rutledge has rejected ballot initiatives related to legalizing marijuana or medical marijuana seven times since she came to office. David Couch, a Little Rock attorney who led an unsuccessful ballot effort to legalize medical marijuana in 2012, is trying again and has complained that Rutledge is motivated by politics. Rutledge says that the submitted ballot initiatives have improper “ambiguous language.” Here is the latest rejection from earlier this month — on Couch’s proposed Arkansas Medical Marijuana Amendment of 2016. 


On my morning perusal of national media outlets, I saw that Leafly, the largest cannabis website in the world, is crying foul

What’s going on in Arkansas?

News out of the Razorback state last week had Arkansas Attorney General Leslie Rutledge rejecting a seventh marijuana ballot initiative since taking office in 2014. As with her previous rejections, Rutledge said her latest denial was based on the “ambiguous language” of the proposal. David Couch, the attorney who submitted the most recent proposal, has had his two previous proposals rejected based on ambiguous language as well.

The Arkansans for Compassionate Care, or Arcompassion, has been working for years to try to get a medical marijuana initiative before voters. The campaign came within inches of success with Issue 5 in 2012, when it lost by a slim margin of 49 percent in favor to 51 percent against.

In 2014, Arcompassion came back with the Arkansas Medical Cannabis Act, a ballot initiative approved during the final days of former Arkansas Attorney General Dustin McDaniel’s term in 2014, before Rutledge took office.

When reached for comment, a spokesman for the office, Judd Deere, released the following statement to the media:

“Attorney General Rutledge states, ‘neither certification nor rejection of a popular name and ballot title reflects my view of the merits of the proposal. This Office has been given no authority to consider the merits of any measure when considering the sufficiency of a proposed ballot title.'”

The Attorney General’s statement reflects an awareness that her office is coming under increasing scrutiny for rejecting multiple marijuana proposals during her brief time in office. But rejecting proposals based on ballot titles is nothing new in Arkansas, according to the advocates at Arcompassion.

Ryan Denham, the Deputy Director of Arkansans for Compassionate Care, isn’t surprised at the constant pushback from the AG’s office. His group endured extraordinary delays during its effort to get a signoff on Issue 5 in 2012.

“When we applied back in 2012, we weren’t approved either the first time,” Denham told Leafly. “We had to resubmit our initiative four times before it was approved on the fifth try. I think the Attorney General just wants to make sure the ballot title accurately reflects the law, especially when the bill is a dozen pages long.”

Couch has said that he will resubmit his proposal. If the Rutledge roadblock continues, his options would be an action before the Arkansas Supreme Court to get her to do her job or a federal lawsuit alleging a violation of constitutional rights.


Three other marijuana petitions, covering both pure legalization and medical marijuana only, are already circulating. All were approved for the ballot in 2014, before Rutledge took office.