CLARIFYING THE LAW ON THE USE OF MEDICAL MARIJUANA IN CERTAIN PLACES; AND TO PROHIBIT THE POSSESSION OF AN UNSEALED CONTAINER OF CERTAIN FORMS OF MEDICAL MARIJUANA IN A MOTOR VEHICLE.

2025 Regular Session Introduced by Tyler Dees and 1 co-sponsor

Act 271 clarifies medical marijuana use in Arkansas, restricting where it can be used and how it can be transported, enhancing public safety and compliance.

Notification that HB1452 is now Act 271

Summary of House Bill 1452 (Act 271)

Bill Number: HB 1452
Title: Clarifying the Law on the Use of Medical Marijuana in Certain Places; and to Prohibit the Possession of an Unsealed Container of Certain Forms of Medical Marijuana in a Motor Vehicle
Status: Now Act 271
Introduced: February 11, 2025
Legislative Session: 95th General Assembly, Regular Session, 2025

Purpose and Intent

House Bill 1452 aims to clarify existing laws regarding the use of medical marijuana in Arkansas. The bill specifically addresses where medical marijuana can be used and establishes regulations concerning the transport of medical marijuana in vehicles. The intent is to ensure compliance with the Arkansas Medical Marijuana Amendment of 2016 while enhancing public safety.

Key Provisions

Amendments to Existing Law

Definitions: The bill reaffirms definitions related to medical marijuana, including:

Cultivation Facility and Dispensary as defined in the Arkansas Medical Marijuana Amendment of 2016.
Medical Marijuana and Medical Use as defined in the same amendment.

Unlawful Use:

It is illegal to use medical marijuana through inhalation (smoking or vaporizing) in specific prohibited places, including:
- School buses and educational institutions.
- Drug or alcohol treatment facilities.
- Public transportation and correctional facilities.
- Any property controlled by the Arkansas National Guard or U.S. military.

Transport Regulations:

Individuals cannot transport more than five ounces of medical marijuana unless they are licensed transporters or employees of a licensed cultivation facility or dispensary.
Transporting medical marijuana from another state into Arkansas is prohibited.

Possession in Vehicles:

It is unlawful to possess uncontained medical marijuana (not in a sealed container) in a motor vehicle on public highways if it is readily accessible to the driver and in a form that can be used through smoking.

Penalties

Violations of these provisions are classified as a Class C misdemeanor, which may carry fines and other legal consequences.

Affected Parties

Medical Marijuana Users: Patients authorized to use medical marijuana must adhere to stricter regulations regarding where and how they can use it.

Transporters and Dispensaries: Licensed entities must comply with new transport regulations to avoid penalties.

Public Safety: The bill aims to enhance safety in public spaces by restricting the use of medical marijuana in sensitive areas.

Legislative Timeline

February 11, 2025: Bill filed and introduced.

February 26, 2025: Amendment No. 1 adopted; bill engrossed.

March 6, 2025: Passed by both the House and Senate.

March 12, 2025: Notification that HB 1452 is now Act 271.

This summary provides an overview of HB 1452, detailing its purpose, key provisions, and the implications for individuals and entities involved in the medical marijuana framework in Arkansas.