There’s an old saying that politics makes strange bedfellows. Knowing that, it shouldn’t be surprising that Jerry Cox, David Couch and Melissa Fults had lunch together at a barbecue restaurant Monday.
If those names don’t mean much to you, Cox heads the Family Council and its political arm, the Family Council Action Committee. It’s a conservative christian group opposed to marijuana legalization. Couch led the effort to pass the constitutional amendment legalizing medical marijuana in Arkansas in 2016. Fults is a longtime legalization supporter who tried to pass a different amendment that year, until Couch sued and got it kicked off the ballot.
In other words, the three are not always on the same side, but they’re united in their opposition to Issue 4, which would legalize recreational marijuana across Arkansas.
They all agree that the amendment is bad because of how it sets up the industry in the Constitution. As Couch explained, it specifies that the same eight growers that currently have medical marijuana licenses would get recreational licenses. Another 12 much smaller growers could get licenses, but they really wouldn’t be competitors.
Moreover, current dispensaries would automatically get another license, while another 40 licenses would be given away by lottery. Couch said one person could get 18 licenses (it’s currently one person, one license), so potentially three people could control the entire market. Because of the way the amendment is written, Couch believes it could shut down the hemp market and close all the CBD stores selling other products derived from the plant.
Cox told me the amendment creates an uncontrollable monopoly. Recreational marijuana would be subject to sales tax plus another 10 percent, which is less than it’s taxed in another states. The Legislature could not raise the rate. The taxes on medical marijuana would be eliminated. Local governments could not tax the farms or the stores. They also couldn’t zone them. And because this will be in the Constitution, any changes would require another amendment, which is an expensive and arduous process.
“The marijuana industry really is writing itself into our state Constitution,” Cox said.
You might recall that voters this year also are voting on Issue 2, which would raise the bar for passing an amendment from a simple majority vote to 60 percent. If both Issue 2 and Issue 4 pass, then Issue 4’s provisions will be even more secure.
While Fults focuses on legalizing marijuana, Cox and Couch are two of the most influential unelected Arkansans in politics overall. In addition to the medical marijuana amendment, Couch helped pass the amendment legalizing casinos in Arkansas and crafted two measures raising the minimum wage. Cox leads one of the state’s most influential conservative grassroots groups, which publishes a widely read voter guide.
In interviews this week, Couch and Cox referred to each other as friends, which was interesting. They’re very different people. If they stood side by side, you would have no trouble picking out which one is the head of a conservative family values organization, and which one is the free-spirited lawyer who likes to tweak the system, and is good at it.
The three are talking about having a joint press conference. Cox was planning a Friday trip to Blytheville for breakfast and Jonesboro for lunch to talk about this issue. Fults had asked him to take some of her material with him, which he said he planned to do. He said he would tell people it was coming from “my friend, who is very much in favor of marijuana.”
He told me one of the arguments he’ll be making until the election Nov. 8 is, “The most ardent, pro-marijuana supporters in the state of Arkansas are against this amendment.”
Indeed, Couch and Fults are. And if they’re successful in opposing Issue 4, they’ll probably come back in two years with their own proposals. Couch, in fact, is already drafting an amendment.
Cox will oppose them, but that’s two years from now. The election deciding Issue 4 occurs next month. Politics does make strange bedfellows, but regardless, people can be friends.
Steve Brawner is a syndicated columnist published in 18 outlets in Arkansas. Email him at brawnersteve@mac.com. Follow him on Twitter at @stevebrawner.
Steve Brawner is a syndicated columnist published in 18 outlets in Arkansas. Email him at brawnersteve@mac.com. Follow him on Twitter at @stevebrawner.
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