Prop 205, which would decriminalize the use of marijuana for adults over 21, is a complex proposal.
The Campaign to Regulate Marijuana Like Alcohol officially met the signature requirement to be included on the November ballot. However, the initiative could be blocked by a pending court case, which had its first hearing last Friday.
The suit was filed by Arizonans for Responsible Drug Policy, which would more adequately be named Arizonan’s for Anti-Drug Policy or, as their website says, “Arizonans Against Recreational Marijuana.”
Two county attorneys have also jumped on lawsuit—Sheila Polk of Yavapai (who is also vice chair of ARDP) and Bill Montgomery from Maricopa County—as has the Arizona Chamber of Commerce.
The plaintiffs claim that the initiative’s 100-word petition summary did not encapsulate the main provisions of the measure, which they also claim are exceedingly complex.
However, attorney Roy Herrera, who represents the initiative’s supporters, says that the judge doesn’t have the authority to decide that the measure’s language is too complex.
“Ultimately, it’s up to voters to decide whether the initiative is too confusing, whether it is overreaching or whether it is too complex,” he said.
Though the lawsuit is a thinly-veiled attempt to keep the initiative from reaching the ballot based on conservative social ideology, Prop 205’s complexity may just be what keeps it from passing even if it makes it into the hands of voters.
While legalization is an attractive possibility to many, critics say there is something fishy about this initiative.
For starters, this initiative essentially gives favorable treatment to existing medical marijuana dispensaries with no guaranteed licensing for others that want to get into the business.
It also gives quite a bit of power to cities and counties to determine their own policies regarding recreational marijuana sale, production and use.
Since the DEA recently upheld marijuana’s status as a Schedule I drug, users may still be subject to felony charges for the very acts this initiative should be legalizing.
But the municipalities aren’t the ones with all the control. The initiative would also create a new Department of Marijuana Licenses and Control that would be responsible for the regulation of marijuana operations in Arizona.
Some supporters of recreational legalization take issue with the powers of this new department.
Authority currently held by the Department of Health Services would be transferred to the new department, which would receive fees for licensing and renewals from marijuana retailers, manufacturers, distributors and testing facilities.
The governor would be responsible for appointing a director and seven members of a commission to run the department, three of whom would have interests in the marijuana industry. Needless to say, those three members will likely support regulations in their express interest.
This article appears in Aug 18-24, 2016.
“Some locals are not okay with treating a joint like a bottle of gin”
True, alcohol being so much more dangerous than cannabis,
being put on the same level is sort of wrong. But the present system is even worse, so I’d be okay with it.
The regulations will evolve to a simpler, more realistic level after the benefits of legalization accrue and the ingrained, irrational fear of this non-toxic plant subsides. It is absurd to favor prohibition over a legal, regulated market for a product dramatically less harmful than alcohol, tobacco or even caffeine.
I was in favor of the other initiative, which did not make the ballot. I am not sure I will vote for this one.
Let the people vote!
I also was in favor of the splinter group from MPP Arizona for Mindful Regulation (AZFMR). While it started late after conflict with the national and personal directives. AZFMR started late a grassroot all local effort gathered 114,240 signatures. I consider this a great effort by the actual users of Marijuana and it’s benefits.
I believe one large point that the author missed was the powers that this new “Department of Marijuana License and Control” will have at a state level in collection of revenue. I would think any county attorney would be extremely hobbled by directions of license, tax, fines, as well as preempting over local business licenses on agriculture and grow supply stores.
This new MDLC would be like the DOT, DPS, it would be in the state constitution and very hard to amend without total recall it can’t be undone. This MDLC would have it’s own administrative court it is entirely possible to be arrested in a county for a felony and that is plea bargained, Then you could be given a civil violation through the administrative arm like DOT does with some violations.
This MDLC will be free to write their rules which NONE are in place now. It would be a total rewrite of all marijuana grow, distribution, marketing laws. It would do ABSOLUTELY NOTHING TO THE EXISTING CRIMINAL CODE. What it does is allows to have and consume 1 ounce in counties and cities that agree to a simple possession that is IT. This is a PLEA BARGAIN put into place build a new court police and taxing agency to sell pot. NO OTHER STATE LEGALIZED HAS DONE THIS.
Let’s get to the 6 plants this is just the carrot to get the ass to pull the cart. If a person wanted to grow 6 plants where is the seed/clone available ? 6 plants outside for a growing season can yield 6 pounds. 6 plants in somebodies closet under artificial light 3 grow season’s most are lucky to get 90 gram out of each plant hardly a bumper crop. @ $7.00 a gram averages out to not be cost effective to grow your own. It is this reason the MDLC needs the underground market to keep prices higher to thin margin. With growing artificial the electricity carbon footprint to just grow 1 gram is the same as driving a Prius 25 miles. or running a 100 watt incandescent light bulb for 1000 hours.
Lets say you want to try this endeavor to grow a plant. You go down to this dispensary that has a rider license to sell seed/clone. It is possible that the MDLC will only allow a small variety of plant target at ailments and low thc to keep in compliance. In doing so you fill out paperwork stating you bought a seed/clone and you give up rights to have your home a knock and talk by the MDLC policy agent. you agree to not clone and use this plant with a tag to one grow and a hefty tax fee incl. This is like agreeing when you get a driver’s license that the DOT is giving you the privilege to drive MDLC would be giving you the privilege to grow. Can you imagine the DOT made up of car dealers, mechanics and police to enforce. Then they would have their own bank to draw funds to build the department.
This whole initiative was drawn up by Law enforcement and career bureaucrats. This is drawn up to mirror existing collective of state governing and enforcement agencies. This marijuana market already exists it has before dispensaries, or the idea that what some call sin can be made a profit in social structuring.
If you are a consumer of marijuana you would have to be of diminished capacity, unknowledgable, or just a complete fool to think in any way this is legalization in your favor. Their will be absolutely no one as a consumer interest. It is not called for in the initiative and stops all the exist with AZDHS. If passed every marijuana consumer will be adrift in a sea of charlatan healers, huckster carnival pricing, market availability limiting product arbitrary using of tax paid to defend themselves. I just look and watch this Holyoak guy and the remembrance of JOE ISUZU comes to mind.
This is also the reason I could not support AZFMR this department at a state constitutional level cannot be undone or a redo without a repeal by the citizens the state legislature cannot do it.
IT WOULD BE SET IN STONE.
I go to Washington & Oregon both recreational edible can’t be over 10mg. Here it will be the same so an edible guy would have to drink 4 cans of soda or eat 1/2 pound of gummy bears and vap and oils are extremely diluted and shatter only for medical which in AZ would be gone.
Keep MJ illegal. Mexico needs the money.
You aren’t far from the truth Gandalf. We are about to be overrun with former drug runners with our open border sanctuary city status. This is half of the Mexican economy. Democrats hope that they become legal and pay taxes to keep SSI from imploding, because of years of fraud and theft, but it won’t solve a thing.
Thanks, Carpet Baggers, you brought up some interesting points that I’d like to investigate further. It’s beginning to seem like an ugly rock-vs.-hard-place situation for ordinary Arizona citizens who are tired of prohibition.
It has to happen this way, tax and regulate means tax and regulate….Arizona is not ready for full free like tomato approach, to not support it would be politically naive.
politically speaking; Does anyone understand that it is this republican congress that is constantly reining on the Obama justice department and the DEA? for prosecuting states that have medical marijuana.
They have denied monies for investigation to the DEA. This congress has spearheaded just how monies will be used in states with medical marijuana laws passed. The federal court in CA just threw out many cases brought before the court this week. Following the rules of congress the cases were not in conflict with California law.
In this day and age the political paintbrush is running very thin. It is taking way to many coats to cover up the stains and patches. I think we need a good coat of KILZ and perhaps a new color.
Carpet Baggers is correct. The political lines have blurred on this issue, at least at the Federal level. The Republican Congress has defunded the DEA on this issue, and in the Congressional Budget Resolution of Dec 2014, told Federal Agencies to leave state legal businesses alone if they were abiding by state law.
Sometimes a step in the right direction may not be the exact direction you want but it is better than where we are at…
Dave: So guess you agree with the analogy I take it you agree that some on say Yavapai county can get a felony and several related ancillary related charges for simple possession but in Pima county he walks or a civil fine ? That now each and every county can arbitrarily enact all kinds or retail license reg most dont relate to marijuana tho. Like smoke shops, horticultural supplies. I remember this kind of appeasement for profit and gain. That was called one state slave one state free. So giving some freedom was better than causing problems to making all free.
Take a minute let this soak in the proposed DMLC, will be structured like the Dept of Trans, DOT.
Within the DOT you have the DMV division of motor vehicles. The DMV is where your vehicle and drivers licence as well as title are administered.
When applying for and obtaining a driver’s license your sign a agreement for the privilege to drive this is not a RIGHT. This will be similar when anyone signs an agreement even for the 6 to 12 plants per household. Will be signing an agreement to have the DMLC to be the presiding court in civil concerns.
This will be an agreement to have your place spot inspected like a car. Only various strains will be allowed. If caught with a strain out of registry not only will you be prosecuted for felony growth/manufacturing possession of a controlled substance to wit Marijuana. Beside the criminal court you will have the administrative court of the DMLC that levies fines like that of DOT/DMV. This is like alcohol except we will be turning it over to a rouge government.
DMLC will be it’s own court, police force, interstate trade negotiator, license agency, collection WTF why do we have a government do we need two?
I just don’t know how or why some would think we need this to sell marijuana. Don’t take this huckster Holyoak’s offer controls is prohibition . This charleton thinks hes has the solution to make prohibition it work where it has not ever. Keeps the status quo of high profits ruined lives, few get riches off the back of the ignorant. Mentally challenged medically needy.
This is the travesty a vote yes will bring. This is just a small penance of issues with this disgusting proposal
Too many old grumpy retired people in Arizona who are against pot and they all vote. They would rather have their expensive pharmaceuticals, most of them far more dangerous than marijuana. It doesn’t help that the Chamber of Commerce, backed by big Pharma, is going all out to defeat this proposition.
Prop 205 was created and funded by MPP (East Coast lobbyists) bent on decriminalizing marijuana. They say we Arizonans should treat marijuana like alcohol but that’s not what Prop 205 does.
The Department of Liquor Licenses and Control administers liquor licenses but Prop 205 sets-up the Department of Marijuana Licensing and Control, a whole new bureaucracy, to administer marijuana licenses. Its worth noting that the Arizona Department of Health Services administers medical marijuana licensing (also thanks to MPP) but that was dismissed because medical professionals discourage marijuana use.
Arizona liquor licensees need to be a US citizen (or legal permanent resident) and a resident of Arizona. Arizona marijuana licensees don’t need to be a US citizen (or legal permanent resident) or a resident of Arizona. In theory, El Chapo could get an Arizona marijuana license.
First, I don’t like outsiders telling us Arizonans what we should and shouldn’t do. Next, I really don’t like outsiders drafting AZ legislation … that’s our Legislature’s job. Finally, and most of all, I think this is BAD LAW and we already have our share.