A group of Medical Marijuana Dispensary operators have completed statutory language for a retail marijuana and marijuana law criminal justice reform voter initiative. The Initiative isn’t posted on the Secretary of State’s website yet but I was able to get the text of the Initiative. The statutory language is 16 pages long- and there are a lot of provisions… but here’s a review of some of the highlights:
The existing medical-marijuana dispensaries would be allowed to apply to the ADHS for a license to run a retail marijuana storein early 2021. It’s possible that there could be a few more stores that open eventually, but not many, because the total number is limited to about 130 total (10% of the number of pharmacies in AZ). Existing medical marijuana dispensaries, with a handful of exceptions, would essentially be the only stores that exist. ADHS would regulate the program.
There would be no criminal penalty for people 21 or over to have 28 grams (one ounce) or less of marijuana or 5 grams of extract. Minor penalties and low grade misdemeanors are outlined for people 21 and over that give or sell marijuana to people under 21.
People under 21 that possess marijuana would be subject to a $100 fine for the 1st offense, a petty offense the 2nd time, and a Class 1 Misdemeanor for the 3rd offense.
People previously convicted of possessing less than 28 grams of marijuana can petition to have their record expunged. The petitions must be granted unless law enforcement provides clear and convincing evidence the person isn’t eligible.
Adults 21 and over could grow 6 plants at home with a maximum of 12 per house.
A 16% excise tax would be placed on marijuana products. Money from the excise tax would fund the various state agencies such as ADHS and Department of Public Safety for expenses related to the act. Other entities that will get excise tax funds are the community colleges (31%); police, fire and sheriff’s departments (31%) and a highway fund (30%). There’s also a one-time distribution ($10M) the ADHS from the existing medical marijuana fund for public health stuff.
Employers can have drug-free workplace policies and can restrict marijuana use by staff.
Driving while impaired (to the slightest degree) by marijuana would still be illegal.
The folks running the campaign still need almost 238,000 valid signatures by July 2, 2020 to get on the ballot- no easy feat given the recent new requirements passed by the Legislature and signed by the Governor which make getting things on the ballot harder.
We’ll continue to review the language and evaluate whether basic public health principles related to our Retail Marijuana Resolution before taking any position.
