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2017 Op. Ark. Att'y Gen. 1 (2017)

handle is hein.sag/sagar0109 and id is 1 raw text is: 








                             STATE  OF  ARKANSAS
                             ATTORNEY GENERAL
                               LESLIE RUTLEDGE

Opinion No. 2016-119

January 24, 2017

The Honorable  Douglas House
State Representative
8923 Bridge Creek  Road, CATO
North Little Rock, AR 72120-9469

Dear Representative House:

This  is in response to your  request for an opinion concerning  the Arkansas
Medical Marijuana  Amendment   of 2016, which voters approved at the November
2016 general election. You ask in this regard:

       1. Are members  of the Legislature obligated, under the terms of the
          Marijuana  Amendment, to take certain actions that would
          facilitate the manufacture and delivery of cannabis in violation of
          the laws of the United States?

       2. Would  voting  to pass laws  and regulations to carry out  the
          purposes of the Marijuana Amendment,  or the execution of such
          laws and regulations by the executive, constitute a violation of
          such laws of the United States?  Of particular concern are the
          statutes prohibiting manufacture and distribution, conspiracy, and
          the Racketeer Influenced Corrupt Organization statutes [and] ...
          federal tax statutes and Food and Drug Administration laws that
          bear on the subject of cannabis, as well as others [that] may be
          relevant to my inquiry. I


 You  also ask me to advise whether the President of the United States or the United States
Attorney General has taken any action to immunize state officials or employees from prosecution.
I am unaware of any such action, but must nevertheless respectfully decline to advise you in this
regard. The scope of my review in the context of providing an official Attorney General opinion
is limited to questions of state law. See Ark. Code Ann. § 25-17-706 (Repl. 2014). You may

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