Arkansas Just Lost Its Democracy
by Sonny Albarado, Arkansas Advocate
December 11, 2025
Arkansas lawmakers have the power to change constitutional amendments approved by voters, the state Supreme Court ruled Thursday.
The unanimous opinion overturns a 74-year-old decision that said the Legislature could not amend or repeal a citizen-initiated amendment to the state constitution.
The court’s decision also reverses a 2023 Pulaski County Circuit Court ruling that struck down more than two dozen changes that lawmakers had made to Amendment 98, the 2016 citizen-led measure that legalized medical marijuana in Arkansas with some restrictions. Since 2016, the Legislature has passed laws further restricting the medical marijuana industry, including outlawing the sale of combustible marijuana, requiring child-proof packaging, limiting the THC content of edibles and prohibiting advertising.
Two medical marijuana license holders — Good Day Farms and Capital City Medicinals — challenged the Legislature’s authority to pass restrictive laws that amended the amendment.
Circuit Judge Chip Welch agreed with the plaintiffs, basing his decision on a 1951 state Supreme Court ruling that said the Legislature cannot amend citizen-led constitutional amendments without seeking a vote of the people on the changes.