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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) This amendment does not permit a person to:
(1) Undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice;
(2) Possess, smoke, or otherwise engage in the medical use of marijuana:
(A) On a school bus;
(B) On the grounds of a daycare center, preschool, primary or secondary school, college, or university;
(C) At a drug or alcohol treatment facility;
(D) At a community or recreation center;
(E) In a correctional facility;
(F) On any form of public transportation;
(G) In a public place; or
(H) On any property that is under control of the Arkansas National Guard or the United States military;
(3) Operate, navigate, or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle drawn by power other than muscle power while under the influence of marijuana;
(4) Smoke marijuana:
(A) In a place where the smoking of tobacco is prohibited by law;
(B) In the presence of a person who is under fourteen (14) years of age;
(C) Inside a motor vehicle, aircraft, motorized watercraft, or any vehicle drawn by power other than muscle power;
(D) Knowingly in the presence of a pregnant woman; or
(E) In a place where the smoking of marijuana for medical use is likely to cause another person not authorized to use marijuana to be under the influence of marijuana; or
(5) Smoke marijuana for medical use if the person is under twenty-one (21) years of age.
(b) This amendment does not require:
(1) A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana unless federal law requires reimbursement;
(2) An employer to accommodate the ingestion of marijuana in a workplace or an employee working while under the influence of marijuana;
(3) An individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use marijuana on or in that property;
(4) An individual or establishment in lawful possession of property to admit a guest, client, customer, or other visitor who is inebriated as a result of his or her medical used of marijuana;
(5) A landlord to permit a qualifying patient to smoke marijuana on or in leased property, except that a landlord may not prohibit the medical use of marijuana through means other than smoking on leased property by a qualifying patient ; or
(6) A public school to permit a qualifying patient who is a student to be present on school grounds, to attend a school event, or to participate in extracurricular activities in violation of the public school's student discipline policies when a school office has a good faith belief that the behavior of the qualifying patient is impaired.
Cite this article: FindLaw.com - Arkansas Constitution of 1874 Amendment 98, § 6. Scope - last updated March 28, 2024 | https://codes.findlaw.com/ar/arkansas-constitution-of-1874/ar-const-amend-98-sect-6/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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