There is a strong likelihood that Arizonans will be deciding whether to legalize marijuana for recreational use in the November election, but some hurdles remain for the initiative before it makes it to the voters.
The measure sponsored by the national Marijuana Policy Project and Arizona medical marijuana dispensaries is expected to be put on the ballot now that the Campaign to Regulate Marijuana Like Alcohol in Arizona has submitted the signatures required to place it there.
But opposition has presented itself in the form of a lawsuit filed by 13 individuals and groups, including Maricopa County Attorney Bill Montgomery and Yavapai County Attorney Sheila Polk, arguing that the 100-word explanation on petition sheets doesn’t fully explain the effects of the proposed legalization, that it doesn’t contain a legal funding mechanism and that the 250,000 people who signed petitions seeking to put the measure on the November ballot weren’t given enough information to understand all of its consequences.
A Maricopa County Superior Court judge has set an Aug. 12 date to hear oral arguments on the matter.
A voters pamphlet unveiled last week by the state regarding the initiative lists the pros and cons of legalization provided by citizens, law enforcement and educators, as well as the structure of how the law would be implemented. The information, compiled by the Arizona Public Health Association (AZHPA) states that it took a public health approach to determining the regulation and control of commercially legalized marijuana.
The pros noted in the pamphlet include additional state income and enhanced public safety. The law would create the Marijuana Fund, which would be funded by a 15 percent surcharge tax on all marijuana sold at retail marijuana establishments. It is estimated that $113 million in new tax revenue would be generated per year to the Marijuana Fund.
It was argued that regulating marijuana like alcohol and tobacco would also decrease the financial burden on the state and counties from the cost of enforcing anti-marijuana laws. Both the pro and con sides cite crime in Colorado since legalization, with one stating there has been a decrease in criminal activity and fatality statistics, and the other stating that there has been an increase. According to a 2015 report by the Police Foundation and the Colorado Association of Chiefs of Police, it is still too soon to tell the impact of legalization on either of those points.
The cons center on the harmful effects marijuana can have on children. The information cites concerns for increased and easier access for kids, who would be unable to determine the differences between marijuana edibles and candy. It is argued that the marijuana grown today is of a higher potency than 40 years ago and has the potential to cause permanent damage to developing young brains. It also states that such legalization benefits a handful of interested parties determined to create a bigger market for Arizona drug use.
According to the pamphlet, if the initiative should pass, excess revenue would be distributed, with 40 percent going to school districts and charter schools for such items as teacher salaries and operations costs for K-12 education; 40 percent to school districts and charter schools for full day kindergarten; and 20 percent to the Arizona Department of Health Services, which would distribute the funds to AZ Poison Control Centers for public education regarding the harms of alcohol, marijuana and other substances.
The pamphlet also outlines how the law would be implemented if the initiative passes in the November election. Anyone 21 or older could legally possess up to one ounce of marijuana, or a maximum of five grams of concentrated marijuana in items such as tinctures and edibles. It would remain a crime for anyone under 21 to possess marijuana, or anyone 21 and older to sell marijuana to someone under 21 who is a non-medical marijuana cardholder.
If passed, the initiative would allow anyone 21 and older to grow up to six of marijuana plants as long as they meet security standards, with a limit of 12 per household.
Existing medical marijuana dispensaries could transition into marijuana retail stores, with a maximum of about 147 stores statewide for the first few years, but retail stores could also be independent of medical marijuana dispensaries. Prices would be lower at medical marijuana dispensaries because of the lack of the 15 percent surcharge tax, but only medical marijuana patients could buy at the less expensive dispensaries.
The law would not change penalties for operating a motor vehicle or machinery while impaired by marijuana.
Arizona is one of 20 states that have laws allowing medical marijuana use, with three more states set to vote on it November. There are currently four states that also have laws allowing for recreational use, with five more states, including Arizona, likely to have it on the ballot in November.
