In an ideal weed-topia, all marijuana advocates work together to accomplish the ultimate dream: abolishing prohibition. But because the world is an imperfect place, several groups in Arizona have split up into at least half a dozen initiatives—with similar but different demands—campaigning for voter support.
Most of them are going nowhere, but the two measures that have gathered traction are the Campaign to Regulate Marijuana Like Alcohol, backed by the Washington-based Marijuana Policy Project, and the underdog Phoenix group Arizonans for Mindful Regulation.
Both initiatives would legalize the use of recreational marijuana for adults 21 and over. As far as other details go, such as the licensing structure and home cultivation rights, to say that these two groups don’t see eye-to-eye is a blatant understatement.
When the campaigns were getting underway, organizers from both camps collaborated in writing a ballot measure, but after months of walking on eggshells around each other, CRMLA and AZFMR parted ways. The latter claims the MPP-backed initiative that was filed in April 2015 was nothing like what the two groups had discussed because it was nowhere near a middle ground for consumers and medical marijuana dispensary owners.
AZFMR advocates have argued that MPP’s initiative is only about taxation and regulation, not true legalization and decriminalization. They say that the MPP-backed initiative will go so far as to change the state’s medical marijuana program by handing it over to the newly-created Department of Marijuana Licenses and Control from the hands of the Arizona Department of Health Services, and create a monopoly that will aid a select group of rich medical marijuana dispensary owners to get even richer
“In the end, the initiative they filed showed us that they really did not want to work with the consumer community,” says AZFMR’s campaign leader Jason Medar. “They basically wrote the initiative that protected the medical marijuana dispensary owners, they are the people paying for the initiative
When the Weekly spoke with CRMLA chairman J.P. Holyoak during a recent visit to Tucson, he declined to discuss any issues related to the “other campaign.”
With AZFMR, nearly all weed-related violations would lead to a misdemeanor. In MPP’s case, for instance, possession of more than 2.5 ounces of marijuana remains a felony, but that’s an improvement the status quo in Arizona, where most weed possession charges are felonies.
“[Felonies] stick with them their whole lives,” Holyoak says. “Try getting a job if you have a felony on you record, try renting an apartment or doing anything when you have a felony on you record. You don’t get to participate, and that is the problem. It is a social justice issue.”
But AZFMR backers say it is time to push for an initiative that will protect consumers on all fronts and prevent any more people from going to prison over a plant.
“We can’t tell people it is legal, and have people sign the petition to legalize, but keep it criminalized,” says Jason Hein, AZFMR’s statewide campaign coordinator.
Then there’s the whole black market mess. Holyoak says his initiative will address unregulated sales without the necessity of handing out retail licenses left and right. In total, there would be about 160 licenses issued if the CRMLA measure passes. But Medar says the other campaign’s tight licensing structure, such as medical marijuana dispensary owners getting an advantage when it comes to landing a license, do very little to address the black market.
“We can’t end the black market unless we open up the licenses and we decriminalize,” Medar says. “After months of negotiating [with CRMLA], the real answer for why they did not include decriminalization is because decriminalization lowers the cost or marijuana on the streets and on the retail sales as well, and they want to be able to sell marijuana for $400, $500 an ounce. And it was about this time that we learned these are greedy savages who only care about money and don’t give a shit about [medical marijuana] patients and consumers. They underestimated the consumer effort. Here they thought that we were just a bunch of dumb stoners who didn’t know anything, surprise … or not … we know a thing or two.”
In the political realm where money talks—CRMLA’s finance report ranks past the $1 million mark vs. AZFMR’s four-figure checking account balance—it is fair to say that CRMLA has a big advantage when it comes to making the ballot.
The CRMLA initiative has about 180,000 sigs, thanks to paid staff they’ve hired specifically to focus on signature-gathering.
By comparison, AZFMR has collected roughly 100,000 signatures, according to Medar, who says his effort has been completely volunteer-based.
Both need at least 150,642 signatures by July 7, but plan to gather more than 200,000 (MPP wants 230,000) to be prepared when some signatures are found to be invalid.
There are still a few months to go but Holyoak is confident their MPP-backed initiative will make the ballot.
Medar says he still doesn’t know whether his effort will have enough signatures to get on the ballot. In the case they don’t and MPP’s initiative does, Medar is promising to launch a nuclear campaign against the MPP initiative. They are certain that without the AZFMR fan-base support, the CRMLA measure will crash and burn on Election Day.
Thrown into the mix is the anti-legalization group Arizonans for Responsible Drug Policy—a collaboration between business and education representatives, as well as parent and substance-abuse awareness groups. The effort is spearheaded by chair Seth Leibsohn, a radio host and writer. Leibsohn says the MPP-backed initiative is a legal mess that would create a monopoly and profit from a dangerous substance. The group, which has about $90,000 in campaign money, is gearing up to fight hard up until November.
“Right upfront you notice this initiative [MPP’s] is drafted by an industry that is trying to protect itself,” Leibsohn says. “[It] creates a whole new governmental commission, they establish a new tax, it is more government.”
As far as the potential revenue for schools that could come from taxing marijuana—an approximate $40 million annually, according to MPP—he says Gov. Doug Ducey is already taking care of education funding through Prop 123, by taking money from the state land trust fund, will settle a years-long lawsuit against the state Legislature and bring $3.5 billion to the education budget over the next decade.
“This is telling children they should smoke marijuana like alcohol,” Leibsohn says. “Look at all the problems we have with alcohol abuse. Marijuana use is relatively low, alcohol is used by about 50 to 60 percent of the population, why would you want to make a small problem a large problem? It makes no sense.”
Here’s a summary of what each initiative would unfold should voters approve in November.
Campaign to Regulate Marijuana Like Alcohol
regulatemarijuanainarizona.org
• The initiative allows adults 21 years of age and older to possess up to one ounce of marijuana. You can smoke weed in the privacy of your home, and purchase it from a licensed retailer. You can also grow up to six plants in an enclosed, locked space. No more than 12 marijuana plants can grow in the same household.
• Cities and counties are allowed to impose limits on where and when marijuana businesses are allowed to operate. They can also prohibit home growing if it is considered a nuisance or dangerous. Localities can also enact zoning regulations for marijuana establishments.
• The measure would enact a 15 percent tax on retail marijuana sale that will be used in the implementation and enforcement of recreational weed regulation. Any additional marijuana tax revenue will be allocated thus: 40 percent to school maintenance and operation costs; 40 percent for full-day kindergarten programs; 20 percent to the Arizona Department of Health Services for substance abuse awareness.
• Existing penalties for possession of more than one ounce of marijuana or cultivation of more than six plants is a felony. And it is completely illegal to sell any amount of weed without proper business license. Driving under the influence of marijuana will also remain illegal, but a person should not be penalized merely over the presence of metabolites or components or marijuana.
• An employer may establish his or her own workplace rules regarding employees consuming weed.
• The Department of Marijuana Licenses and Control will oversee the licensing system—accept, deny and/or renew license applications—and enforce the rules stipulated in the initiative. The governor would appoint the director and seven commission members—four of whom cannot directly or indirectly have financial interests in the marijuana industry.
• The medical marijuana program would be transferred from the Arizona Department of Health Services to the Department of Marijuana Licenses and Control.
• The amount of retail licenses available would equal up to 10 percent of the amount of series 9 liquor licenses that have been issued in the state, which adds up to about 160 statewide.
• Sales of weed to people under the age of 21 are prohibited.
Arizonans for Mindful Regulation
• Adults 21 and over can use, possess and purchase marijuana from a licensed retailer. An adult can also grow 12 weed plants, without a limit on the amount of plants that can be cultivated per household, as long as it is under 99.
• The initiative allows a licensed marijuana cultivator to sell marijuana, as well as marijuana plants, to a licensed marijuana retailer. A licensed marijuana retailer can then sell marijuana and marijuana plants to consumers. About 1,800 licenses could be issued with this measure, which is about equal to the amount of series 9 liquor licenses that currently exist in the state.
Marijuana sales are taxed at 10 percent.
• An adult is allowed to possess 1 ounce of any form of weed, including marijuana concentrates, and more than 5 grams in concentrated marijuana, such as oils. Criminal penalties for possessing more than 1 ounce of marijuana but less than 8 ounces are reduced to misdemeanors instead of felonies. The same goes for consumers found with more than 12 marijuana plants but less than 99.
• The measure clarifies that mere presence of weed metabolites doesn’t equal impairment and doesn’t equal a DUI. • An employer is not required to allow marijuana possession or consumption in the workplace, but an employer may not fire, refuse to hire, or penalize an employee for testing positive for marijuana components.
• The initiative gets rid of language that makes it a crime to grow weed without a property owner’s permission. A property owner is still allowed to prohibit marijuana cultivation on their property, but if a tenant violates that agreement it is treated as a violation of the lease and not a violation of state law.
Cities and counties are not able to prohibit cultivation through zoning regulations.
• The initiative creates the Department of Marijuana Licenses and Control, a governmental entity made up of a marijuana commission and the office of the director. The governor gets to appoint the director of the department, as well as the seven commission members. The commission members cannot directly or indirectly financially benefit from the marijuana market. With the AZFMR measure, this department would not impose a limit on the number of licenses available and issued for marijuana cultivators, distributors and testing facilities.
• As far as licensing fees: There is a one-time $5,000 fee for any application. A retail license will cost $20,000 with a renewal free of $6,600. A marijuana product manufacturer license is $15,000, and you can renew it for $5,000. And a distributor needs a $10,000 license with a renewal cost of $3,300.
• You wouldn’t be able to smoke weed while operating a vehicle, while on school premises or at work. Also, if you have more than eight ounces of weed in your possession, you’d get slapped with a class 5 felony. If you have more than the allowed one ounce but less than eight, you’d get a class 1 misdemeanor. Growing more than 99 plants would be a class 5 felony. And sales to anyone under age 21 would be prohibited.
This article appears in Apr 14-20, 2016.
I will always support fewer legal hurdles to enjoying and consuming a naturally growing substance, but why are there laws governing its use in the first place? Do we regulate wheat? Wheat has many proven effects on humans, probably moreso than marijuana, but there isn’t any national hue and cry over its use.
Why?
“This is telling children they should smoke marijuana like alcohol,” Leibsohn says
No, no it’s not. Did legalizing gay marriage make more people turn gay? Laws are not intended as teaching tools.
Where can I find an AZFMR initiative to sign?
Ic69hunter,
You can sign the AZFMR Petition at any of the locations on this Map: http://legalizemarijuanainarizona.org/sign-the-petition/
Rob Kampala of the MPP would like to have a nice chat with the people against his initiative, but he is to busy giving “breast massages” to his employees. Google it.
If it does not say #LEGALIZATION, then it’s NOT legalization.
I would like to say Maria did a fantastic job representing both sides and cudo to her thanks .
Anybody that won’t go into a question and answer forum leading these initiatives cannot be trusted. Not a released statement or a pre agreed topic narrow parameters. lets get the ones into a debate how about it Jim Nintzel. Not a interview but a real question and answer possible?
I spent 2 months in Seattle well just east on a Island Mercer. Retired was asked to come up for some review of construction techniques and work up a schedule.
In being up there I can say the quality and the effort to obtain. Was much easier and just about 20 minutes other areas less than 5 minutes. It was interesting all the products that were sold for recreational were prepackaged and tested for 15 types of fertilizer/insecticide contamination associated with the Tobacco and USDA industry no guessing game there. Also the percentages of CBD THCA, THCV, THC, CBN were labeled on every package. What was also interesting it was Brand name. All dispensaries carried just about all the same Growers line maybe 30 different brands. Brands carry a huge amount of strain lines and the steady supply of a strain is limited if looking for high thc. I purchased a Dutch Treat with a 34.4% thc brought home to show other patients. And it is that kind of supply limited to certain dispensaries. I dont follow concentrates couldn’t comment.
The price compared between Tucson and Seattle with a 45% tax with excise included. I would say Seattle recreational market is about 15% lower than the Medical in Tucson. On the medical side the Dispensaries are about 1/3 the price of Tucson Medical not prepackaged some mix like an apothecary. Not all product come from within the state, they have allowed outside product as well as investors. Overall I would say the product supply cost exceeded Arizona in every way.
It became abundantly clear that the Arizona Dispensary Association is not aligned to follow any of these progressive models but to build one of their own. A department of crony capitalism to limit supply limited investors, limit testing, artificially hold prices.
If you vote for this MPP your have to be one of the biggest fools that ever bought a blunt. Either MPP or AZMFR both call for a Department of license and controls. We dont this department to protect market with criminal and civil confiscations possible. How is it these buffoons that wrote this piece of garbage. Called Regulated like Alcohol going to staff this agency simple, get the bureaucrats retired police and the such. This is a set up like no other seen in Arizona. Build a police judicial license revenue disbursement of funds on and on and on. to sell pot and limit the supply.
It has been said the DEA will change the classification of cannabis in the next 3 months. It seems that Cannabis does not meet the Controlled Substances Act. Several pending legal suits have forced this action it will not be a national political issue defused.
What does that mean for the industry ,that in Arizona ride under the umbrella of Medical. They know that is going away They spent their monies on putting more tentacles into prohibition. The Dependent person forced to go into the black market maintained by this Crony dept. A Colorado dept of Revenue study over 3 years found that of the population 35% used marijuana. Of those small percentages about a third consumed about 80% of the product or 9% of the total population. This would be a idea of a collective view of what the prospective market in AZ would look like. Of that 9% of dependent users is where the black market would find a existence.
The fight is not over users it is just a new chapter a new profiteer a new zealot. Just think in 2 years the ADA has been able to put 4 million into this Sham of a proposal, build a business buy install facilities. The initial capitol investment has been paid for so the infrastructure complex has already been built for by the Arizona patient. Why is the Arizona patient continuing to pay for this initial up start ?
I vote keep the status quo going you 9% of the dependent have to be the voice of reason and concern. I believe in the AZFMR initiative over the MPP sham. It takes in considerations of the user the ones that no longer want to be hidden for past activities it doesn’t want to profit off them. If close I will vote for them watching.
It does not take a rocket scientist or more than rational person to realize what we have with prop 203 MMJ is dumb and does not work. Neither of these ballot measures is going to do away with the black market. They so not allow with enough supply to deal with existing demand. Period. The market in AZ for Marijuana is between $1 and $2B currently. At a price less than half what the dispensaries charge. That is with less tax than what is in these measures. Just look at CO with over 1000 locations and pricing less than 1/2 AZ. $1B in volume and growing. The demand and use is already there. Making it more legal does not change that.
Politically, if marijuana people argue , the rest of the folks say “if they cannot agree, why should we?”. That is just as stupid for progress. No matter how righteous or right. The best plan is to get both on the ballot. Vote yes for both. Deal with the right regulations for concerns.
As an additional note to those interested in ballot subjects. In 2015, there was at least $30B in Marijuana sold and consumed in the United States. At least $5B of that was legal, mostly medical marijuana. These numbers are growing 10%+ per year. They have been without any legal/law changes. 15 million plus people use marijuana at least weekly if not daily and almost half of adults have tried it. More than half (61%) the population supports “legalization” although 75% of those qualify that with heavy regulatory or Doctor/Medical criteria. Less than 10% are really opposed to zero legal use. Those people are concentrated where legal use is so, 15 to 20% of the people in 23 State and DC are monthly/weekly/daily users of marijuana.
I ask you some simple questions based on the above facts:
1. Are cars piling up on the roadways because of stoned drivers? Don’t give me the data argument. With 20% of the population and higher concentration of younger drivers and tests about driving stoned….even what we know from the States now. PS, we do not ask or do special data fields for driving while texting or organ donation deals but the data and studies are done with population data.
2. ER rooms filling up? Don’t you think we would know this already if it was a problem? Don’t give me the potency speech either. Home grown has been at that potency for 40+ years. Brownies and hashish have been around longer than toking. Go to pre-1937 medical books.
3. Kids do more? BS. Stuff is passing in States where use is already higher in teens and with popularity at 61% and the internet, TV and etc. Laws are with incarceration and everything else, well, laws are sucking. No one directly dies. Call the FDA and CDC. Sugar is addicting at higher rates. McDonald’s kills more people and they aren’t schedule by the DEA or even regulated by the FDA much. Kid’s are going to do what they do and we should keep it under 21. Sell against it and control advertising.
4. Where’ the War on Prescription Drugs?
5. We do drug studies with 100s and 000s of folks for a few months and declare victory with death rates. I could care less about exact statistical method, I can tell you if global warming science works, vaccines and GMOS along with nuclear weapon protocols, we could probably figure out some math. Huge users around a lot of people I dozens of states with zero direct deaths and indirect deaths less than aspirin. Side effect? I think I could get sample rates out of the population sample. I think we just need to want to know or already really do.
6. People making money in prohibition are like horse carriage makers or coal miners and etc. They are just going to have to go do something else. Fast. This lingering around the issue is bs.
7. Why are we trying to make this herbal medicine a drug? It is insane to take a natural plant and medicine and try and make it conform to a prescribed drug. You can’t overdose on it. This is very bad to even warrant the potential control of government, pharma and business into. This is an herb, plant.
8. If we removed all court ordered or trouble abated rehab for marijuana, how many cases of “addiction” are there a year? Schizophrenia with heavy marijuana use prior to onset? That list could go on and we could get info with CDC involved as they can get absent HIPAA info. That cuts a lot of BS and biased study. There are 15 million plus users daily/weekly. There would be a crisis if those rates were really real. The crisis is often self-built. Make rehab mandatory to get out of dumb DUID rap or bad grow bust.
So, what is it we have to study? What is it we really have to know? Do we really need to study? Do we know what stops us from studying? Who do we think is going to study and what? This Study stuff is BS.
Too many people do not take the time to update themselves. To want the answers and thus get subjected to a bunch of old or biased theocracy or hyperspace hypocrites.
AZFMR’s Initiative allowing for 1,600+ Marijuana Dispensary Licenses WILL put an end to the Black Market Marijuana activity!!!
Marijuana is only sold on the Black Market by “Drug Dealers” because of the insane amount of PROFIT they make selling it.
Why does Marijuana currently sell for $400/Ounce on the street in Arizona? 2 Reasons:
1) Marijuana is not available to purchase is a retail setting.
2) The Penalty for selling Marijuana on the street is a Class 4 Felony and in some cases, includes a MANDATORY Prison sentence. That high amount of RISK equates to a high profit margin for the “Drug Dealer.”
AZFMR’s Initiative allows for 1,600+ retail Marijuana Dispensaries throughout Arizona.
AZFMR’s Initiative makes it a MISDEMEANOR to sell Marijuana on the street without having a Marijuana Dispensary License.
So in AZFMR’s Initiative, anyone who wants to sell Marijuana will be able to purchase a Marijuana Dispensary License in order to sell Marijuana legally.
Remember, the Black Market can NEVER end so long as somebody wants to sell Marijuana, but they are unable to get a Marijuana Dispensary License.
By reducing the Penalty for illegally selling Marijuana to a MISDEMEANOR, the street value of Marijuana will drop SIGNIFICANTLY under the AZFMR Initiative and as such, “Drug Dealers” will no longer have any financial incentive to sell Marijuana.
Let us ask ourselves; Why don’t these “Drug Dealers” sell 12-packs of Budweiser and packs of Marlboro cigarettes?
It’s simple. Alcohol and Tobacco are available in 1,600+ retail stores and the Penalty for selling these substances without a valid License is a MISDEMEANOR.
In short, AZFMR’s Initiative is the ONLY Initiative in Arizona that is seeking to ACTUALLY end the Black Market Marijuana activity.
For comparisons sake:
MPP’s “CRMLA” Initiative only guarantees that the EXISTING Arizona Medical Marijuana Dispensaries will be given any of the new recreational Marijuana Dispensary Licenses and/or Marijuana Cultivation Licenses!!
MPP’s “CRMLA” Initiative makes it a CLASS 4 FELONY with a Mandatory Prison sentence, for anyone to sell Marijuana without a Marijuana Dispensary License!
So if “Steve Smith” wants to sell Marijuana in Arizona, but he doesn’t currently own a Medical Marijuana Dispensary in AZ, he simply won’t be able to get a recreational Marijuana Dispensary License under MPP’s “CRMLA” Initiative.
Sadly, people like “Steve Smith” won’t be able to sell Marijuana legally, so he will have to continue selling Marijuana illegally on the Black Market for $400/Ounce..
Remember, the Black Market can NEVER end so long as somebody wants to sell Marijuana, but they are unable to get a Marijuana Dispensary License.
Since MPP’s “CRMLA” Initiative makes it a FELONY for someone to sell Marijuana illegally, the street value of Marijuana will remain high and as such, “Drug Dealers” will continue to have a great financial incentive to sell Marijuana on the Black Market.
Obviously, 93 Marijuana Dispensaries could not possibly service 500,000 Marijuana consumers in Arizona.
And obviously, 93 Marijuana Cultivators could not possibly grow enough Marijuana to supply 500,000 Marijuana consumers in Arizona.
Yet, MPP’s “CRMLA” Initiative is putting the entire Arizona Marijuana Market into the hands of 93 people?!?!?
Under MPP’s “CRMLA” Initiative, the Black Market will THRIVE as Marijuana consumers quickly realize that the Marijuana Dispensary Oligopoly isn’t providing them with quality product at a fair price.
As a result, more and more Marijuana consumers will find themselves subjected to FELONY prosecutions under MPP’s “CRMLA” Initiative.
Jason Medar, thanks for your efforts.
While I disagree with a formation of a department with no constraints on who or how the formation of this board will happen beginning with a governor appointment of a tenured bureaucrat. This is called out in the initiative . The rest of the board made up with regards to political affiliation and industry representatives. To me is lame and not quantitative to the user but cultural boundaries.
I agree the prohibition is the vehicle that moves the criminal machine. With legalization the economic upheaval it will have on the criminal money conduit will be devastating. Just think of what that will do to so many that profit off it now on both sides of the law. What prosecutorial tools will be used if more felonies became void? Just think of the amount of personal injury cases being filed if the criminal plea bargain dries up.
I honestly believe the DEA will change the denotation of the scheduling of Cannabis from a schedule 1 under the “controlled substance act” is and can not longer apply. What happens when the Feds say there are medical treatments we are allowing and chronic pain is not one of them? Just what position does this put the newly appointed board? If the Feds put forth a new scheduling rating including medical. But limiting the parameter on what is considered a therapy will states still be allowed to sell Schedule II drugs as recreational?
if they want to regulate cannabis like alcohol then why do they want to place possession limits and grow limits…there isn’t a limit to how much alcohol you can buy/possess? You don’t get pulled over and cited for having too much beer? And there is no limit that I’m aware of to how much beer you can make yourself? Just sayin?