Arkansas Plant Regulators Unconstitutional, the Great Unmasking, and other legal news to ponder from Cape Law Firm

Half of the Arkansas State Plant Board is Unconstitutional

Last week the Arkansas Supreme Court decided that 9 members of the Arkansas State Plant Board (ASPB) were unconstitutionally appointed by private industry. ASPB is responsible for administering various state laws regulating agricultural industries, including pesticide and seed laws. Established in 1917, ASPB was comprised of 18 members – half were appointed by the governor and half were appointed by industry trade associations. The trade association appointments were made by the Arkansas State Horticultural Society, the Arkansas Green Industry Association, the Arkansas Seed Growers Association, the Arkansas Pest Management Association, the Arkansas Seed Dealers’ Association, the Arkansas Oil Marketers Association, the Arkansas Crop Protection Association, Inc., the Arkansas Agricultural Aviation Association, the Arkansas Forestry Association, and two non-voting members from the University of Arkansas.
The composition of ASPB came under fire after it implemented rules limiting in-crop applications of dicamba herbicides in response to widespread complaints of dicamba damage. The Supreme Court held that appointments by the trade associations were an unconstitutional delegation of the legislative power to private parties and ordered the private appointees removed.

New federal cannabis legislation

The Common Sense Cannabis Reform for Veterans, Small Businesses, and Medical Professionals Act was introduced in the U.S. House of Representatives this week. The proposed Bill would remove cannabis from the list of federally controlled substances and propose a regulatory system similar to alcohol. Such federal legislation has been long-awaited in the industry since federal law has lagged far behind the wave of States legalizing cannabis.

CDC finally dropping the Mask

CDC announced this week that people fully vaccinated against Covid-19 can stop wearing masks and go back to socializing with the rest of humanity (or at least those that are also vaccinated). Halleluiah! What a long strange trip its been.

Cape Law Firm’s Frequently (or Randomly) Asked Questions

” Can a for-profit company run a promotional raffle?”

At one time or another most folks have purchased a raffle ticket for a chance to win some sort of prize. The purposes and kinds of raffles run the gamut, but they nearly all intend to raise money and promote the organization running the contest. Strictly speaking, raffles are games of chance and are regulated under State gambling laws. Most States have regulations allowing charitable organizations to hold “legal” raffles, but for-profit enterprises are usually prohibited because it is a form of gambling. Raffles are often so small and localized that they fly under the radar of regulators. For-profit businesses may offer alternative contests (such as sweepstakes), typically with the caveat that the participants don’t pay for the chance to win.

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