Pubdate: Thu, 14 Apr 2016
Source: Tucson Weekly (AZ)
Copyright: 2016 Tucson Weekly
Contact:  http://www.tucsonweekly.com/
Details: http://www.mapinc.org/media/462
Author: Maria Ines Taracena

THE PEOPLE'S WEED

Why Can't Advocates of Legal Weed Get Along With Each Other?

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

azfmr.com

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.
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MAP posted-by: Jay Bergstrom