AZfmr’s Campaign to LEGALIZE and Regulate Marijuana (I-14-2016)

Vs.

MPP’s Campaign to Regulate Marijuana Like Alcohol

(I-08-2016)

Top 3 Differences between our Arizona Marijuana Legalization initiatives:

1) Our initiative to Legalize and Regulate Marijuana makes possession of 1 Ounce of Marijuana LEGAL and reduces the criminal penalties for Possession of Marijuana beyond 1 Ounce but less than 8 ounces, Possession of Marijuana for Sale involving less than 8 Ounces, and Cultivation of Marijuana involving less than 99 plants, to Misdemeanors instead of Felonies.

2) Our initiative to Legalize and Regulate Marijuana actually REQUIRES that the Department of Marijuana Licenses and Control SHALL issue an amount of Marijuana Retailer licenses equal to the amount of Series 9 Liquor Licenses currently issued in Arizona. Our initiative places no cap on the amount of other Marijuana Establishment licenses that may be issued by the Department of Marijuana Licenses and Control. Also, our initiative does NOT allow Localities to outright BAN marijuana establishments in their jurisdiction, rather the citizens of a locality may choose to prohibit any type of marijuana establishments by way of referendum or initiative.

3) Our initiative to Legalize and Regulate Marijuana does NOT allow the newly formed Department of Marijuana Licenses and Control to take control of and amend the MEDICAL Marijuana Program Regulations.

Why our Initiative to Legalize and Regulate Marijuana is COMPLETELY different:

1) Our initiative allows each adult to cultivate 12 marijuana plants for personal use, with no limit on the amount of plants that can be cultivated per household. The other initiative only allows each adult to cultivate 6 marijuana plants for personal use, with a maximum of 12 marijuana plants per household.

2) Our initiative defines what a “Marijuana Plant” is, which among other things specifies that a marijuana seed (which could be found in a Marijuana Bud) does not meet the legal definition of a growing marijuana plant.

3) Our initiative strengthens the legal language surrounding marijuana related DUI. (No more automatic DUI just for having marijuana in your system)

4) Our initiative reduces the criminal penalties for Possession of Marijuana beyond 1 Ounce but less than 8 ounces, Possession of Marijuana for Sale involving less than 8 Ounces, and Cultivation of Marijuana involving less than 99 plants, to Misdemeanors instead of Felonies.

5) Our initiative allows a consumer to legally possess 1 Ounce of any form of Marijuana, which includes marijuana concentrates, because we define marijuana concentrates as “Marijuana.” Our initiative does NOT include a limitation that a person may only possess “5 grams of Concentrated Marijuana.”

6) Our initiative places no limit on the amount of Marijuana Establishment licenses (Marijuana Cultivator, Marijuana Product Manufacturer, and Marijuana Testing Facility) that may be purchased and issued by the Department of Marijuana Licenses and Control.

7) Our initiative does NOT allow a Locality to restrict personal marijuana cultivation and personal marijuana use within their City or County just because they feel it is a “nuisance” to a considerable number of people.

8) Our initiative does NOT allow Localities to limit the amount of Marijuana Establishment licenses that may be issued by the Department of Marijuana Licenses and Control.

9) Our initiative does NOT allow Localities to limit or outright prohibit marijuana establishments in their jurisdiction. However, the citizens of a locality may choose to prohibit Marijuana Establishments by way of referendum or initiative. (The PEOPLE must vote to prohibit marijuana businesses.)

10) Our initiative does NOT allow the Department of Marijuana Licenses and Control to regulate businesses who deal in “Marijuana Accessories”, such as Smoke shops and Hydroponics-Grow stores.

11) Our initiative does NOT allow a Locality to enact zoning regulations for businesses that deal in Marijuana Accessories, like Smoke shops and Hydroponics-grow stores.

12) Our initiative actually REQUIRES that the newly formed Department of Marijuana Licenses and Control “SHALL” issue an amount of Marijuana Retailer licenses equal to the amount of Series 9 Liquor Licenses currently issued in Arizona. The other initiative only requires the Department of Marijuana Licenses and Control to issue Marijuana retailer licenses to existing Medical Marijuana dispensary owners, and states that the Department “MAY” issue Marijuana Retailer licenses equal to the amount of series 9 liquor licenses, but is not actually required to do so by law. (As was the case with the Arizona Medical Marijuana Act, when AZDHS told us that issuing only 88 Medical Marijuana Dispensary Licenses by way of the CHAA system was lawful because the language in the AMMA states that AZDHS “MAY” issue 1 dispensary license for every ten pharmacies, instead of “SHALL”.)

13) Our initiative does NOT allow the newly formed Department of Marijuana Licenses and Control to take control of and amend the MEDICAL Marijuana Program Regulations.

14) Our initiative allows a licensed Marijuana Cultivator to sell marijuana AND marijuana plants to a licensed Marijuana Retailer, and a licensed Marijuana Retailer to sell marijuana AND marijuana plants to consumers.

15) Our initiative includes employee protections which state that an Employer is not required to allow Marijuana Possession or Marijuana Consumption in the workplace, but that an Employer may not terminate, refuse to hire, or otherwise penalize an employee for testing positive for marijuana metabolites or for participating in any conduct that is allowed under this chapter.

16) Our initiative removes any language that explicitly makes it a crime to grow marijuana without the property owner’s permission. A property owner may still choose to prohibit marijuana cultivation on their property, but if a tenant violates that agreement it is treated as a violation of the lease agreement, rather than a violation of state law.

17) Our initiative imposes Civil Penalties on Marijuana Establishments who use pesticides and additives on marijuana or marijuana plants that would make the marijuana injurious to a person’s health.

18) Our initiative includes a provision that states that when determining the total amount of marijuana that a person possessed, a court must separately consider each individual offense and not consider the aggregate amount of marijuana possessed in cases that are consolidated for trial.

19) Our initiative states that anyone sentenced pursuant to a violation of this act shall not be subject to a loss of public benefits.

20) Our initiative includes strong language to explicitly state that the odor of marijuana is no longer probable cause for a Police Officer or Canine Officer to search a person or property or to obtain a search warrant from a judge or magistrate.

 21) Our Initiative imposes a 10% tax on retail marijuana sales.