What Has Safer Arizona Accomplished Lately?
Safer AZ has consistently worked as a cooler head in the
ongoing negotiations between the various factions involved in AZ’s marijuana
movement. From dispensary lawyers to disabled vets, Safer AZ has listened to
all sides and tried to bridge gaps when possible. Our commitment to communications
is helping break the paranoia cycle that so often cripples negotiations.
Since launching our new season on January 8:
Safer Arizona went to Kingman and challenged Matforce in
Mohave; and on the same day had our season kick-off event in Tempe
Safer organized a major demonstration at AZ state capitol which
got nationwide attention and scooped statehouse opening day coverage in 10
separate articles.
Safer AZ created 4 large scale pro-marijuana prop signs,
including a legalization sign signed by 100s in the first month alone. In
addition we have amassed the materials for 100s more signs. All we need is the
labor.
Our “Safer Bowl Sunday” literally touched tens of thousands
of football fans when we set up at the Glendale Ave entrance to Cardinal
Stadium. Hundreds posed w our signage including Glendale PD and countless
Seattle Seahawks fans thrilled to see our pro-marijuana display.
Safer AZ developed a calendar of legislative activities w 4
full-scale meetings w state legislators and introductory meetings with another
15 more. All in all Safer Arizona has now met w 27 legislators so far this
session and is actively scheduling meetings for any citizen wanting to meet w
their own representatives or senator.
Operating as registered lobbyists, Safer Arizona represented
the interests of small mmj entrepreneurs at the state capitol, w
representatives of various Indian nations, at Tempe City Council, at the
statewide convention of the Democratic Party, and in the press in multiple
articles.
Safer AZ and our lawyer, Tom Dean, meet multiple times w MPP
to negotiate language of new ballot measure. Dean gets a seat in the drafting
committee to represent our interests.
Safer made presentations to 9 different groups on MPP’s new
ballot measure, including presentations to groups of 20+ in Prescott Valley,
Glendale, PHX, & Tempe and filmed a summary for You Tube.
Safer AZ does weekly tabling at the Saturday 710 Lounge
farmers’ market and the Sunday farmers’ market at Lax Life also. Twice a week
Safer is in the heart of the PHX cannabis community, sharing information and
making presentations.
Safer AZ took actions to protect the homeless population in
Tucson and intervened in a human trafficking incident.
Safer AZ coordinates w Hemp Our World and their new
executive director, Michael Jacobs, to get their new hemp ballot measure
campaign up and operational.
Safer AZ begins negotiations to promote and distribute two
cannabis documentaries: Culture High (214), What If Cannabis Cured Cancer
(2010). Currently plans are in the works for a showing of Culture High in PHX
at Film Bar, in Tucson, & Tempe. We
have been provided w copies of What If … by the director’s estate for our
fundraising and educational projects. Briefly we were involved in
pre-production on a documentary on the AZ movement, but that fell through.
Separately Safer AZ produced a series of instructional You
Tube videos on various topics over the past month, including breakdowns on
bills at the statehouse and MPP’s current draft of their legalization
initiative.
Safer AZbegan developing a national network of cannabis
political activist groups, including leaders in Kentucky, Georgia, Idaho &
Oklahoma, to create a national grassroots coalition to provide nationwide help
for state level legalization activities.
Safer AZ sold another 100 tee-shirts and is placing an order
for 150 more.
Safer AZ created satellite activist groups in Buckeye, Yuma
and Prescott Valley, while greatly expanding our footprint in the PHX metro
area.
Safer AZ amassed a core volunteer base of 25 dedicated
workers committed to spending 4 hours or more per month on our projects.
Safer AZ staff have
taken certified training courses in Marijuana production.
Safer AZ has undergone a major website rebuild.
Safer AZ has begun providing a “Shark Tank” experience for
budding cannabis entrepreneurs, now helping 4 separate innovators prepare their
cannabis-themed products for market.
****
Safer Arizona Reviews
MPP’s Current Draft of Their Legalization Initiative
Background:
Having attempted to run our own ballot measure during the
2014 election cycle and being intimately aware of the problematic 2010 MPP AMMA
Prop 203 campaign, we at Safer Arizona took a very keen interest in MPP’s
progress. Our community instructed us to hold to 3 criteria: home-grow rights, basic
civil rights protections & small business opportunity. Safer Arizona is lucky to have our lawyer, the
nationally renowned Tom Dean, represent us on the drafting committee. Dean was
able to prepare extensive notes for the committee on aligning their proposed
language with existing state statute. The draft we are reviewing here is the 3rd
or 4th draft depending on how one judges such things in a constantly
evolving document. The document is currently referred to as Title 36, Chapter
28.2.
Disclaimer: The
summary below is in no way all inclusive and represents the opinion of Safer AZ
staff.
Summary:
Findings (2820) The
initiative will amend existing state laws regarding marijuana found in sections
ARS13-3401 & 3405. The Findings section (essentially a section explaining the
philosophy and intentions of the law) asserts that marijuana should be
regulated like alcohol and “individuals will possess the right to produce a
limited amount of marijuana for use personal use.” This support of personal
grow rights is woven throughout the text of this draft. It goes on to explain
the legislation’s strategy includes regulated “marijuana establishments” that
can cultivate, process, distribute, test and sell marijuana.
Definitions (2821)
The Definitions section has some extremely important points to note: 1) The new
adult use regulatory program will be under the Department of Gaming (2821.3).
This is a significant shift from the existing medical dispensary licensing
program with the Department of Health and Human Services (DHS)—more on that
below in the “What’s Bad” section following the summary.
2) Marijuana is defined by what it is not, rather than what
it is 2821.7). The most important of these distinctions is that Marijuana is
not industrial hemp. Industrial Hemp (2821.4) is defined as plants from “the
genus cannabis and any part of such plant” with a THC level of less than .03%.
This is significant because most all cannabis plants from the mildest indica to
the most potent sativa have a THC level of less than .03% until they reach the
flowering stage. This means that only mature THC bearing plants will matter on
plant count. Marijuana is also NOT the weight of other ingredients in various
edibles and preparations or “marijuana accessories.” Marijuana accessories
include “any equipment, products, or materials of any kind” for marijuana cultivation,
processing or consumption. This means an end to arrests for paraphernalia. Lastly
the definitions also explain the term, “Unreasonably impracticable,” meaning that
marijuana establishments will not be subjected to regulations that are so
extreme as to make impossible for a reasonable businessman to conduct
reasonable business.
Limitations (2822)
Of course there will still be limitations as to what a
person can do with marijuana: No operating a motor vehicle or consuming inside
the passenger compartment of one, unless it is in the living quarters of an RV
or something similar. No distributing marijuana to anyone under 21, no
marijuana in correctional facilities or schools (though we are calling for
excluding adult learning facilities, such as colleges and cosmetology schools).
No use of marijuana when it constitutes “negligence or professional malpractice.”
Employers and landlords will still be allowed to discriminate against marijuana
users in employment and housing. Of note: this section includes the disclaimer
that this law will not affect the provisions or protections of the AMMA. The
most important passage here is the reminder that a person will need a license
to do marijuana business. This is a reminder that there are opportunities for
entrepreneurs to enter the industry.
Rulemaking (2823)
Marijuana establishments will still be required to have
security and surveillance equipment on site and be able to track their
inventory. There will be a requirement for marijuana testing and labeling:
solvents, pollutants, THC, CBD and dosage per package. The state will create a “statewide
license class system” for licensing both unlimited and limited permits for
cultivation, processing, distributing, selling or testing marijuana. This
section explicitly states that the lower level license shall not exceed 1/3 of
the cost of the unlimited licenses. Consumers will not be required to present personal
information other than proof of age to purchase marijuana and no records are to
be kept or reported of a person’s purchases.
Local Control (2824)
Local governments (county and city governments) will still
have power to regulate marijuana in their jurisdictions, but cannot create
rules that are “unreasonably impracticable.” Currently this section also
includes the line that localities may enact rules restricting “consumption,
production, processing, manufacturing, and transportation of marijuana.” We are
calling for a change in this language to remove the word “transportation” and
add the word “public” to consumption. If different jurisdictions could restrict
transportation of marijuana then how could the average consumer keep track of
the maze of conflicting jurisdictions on the highways?
Licensing (2826)
Marijuana establishments are still prohibited within 300 of
churches and schools. Licenses will be awarded on merit, not random selection;
one establishment cannot hold multiple licenses in an area if it prohibits
competition. Ex-felons can apply for licenses after five years.
Licensing Fee
Schedule (2826.1)
The fee for being an unlimited cultivator is $30,000
(limited license is $10,000), renewal is $10,000. There are also new and
renewal license fees for processing, retail sales, distribution, and testing.
Of note, it goes on to say that if the state does not create sufficient
regulations and implementation in a timely manner, then applicants can apply
directly to their localities for licensing.
Operating
Requirements (2827)
The biggest change here is a lowering of the requirements
for outdoor cultivation security. Fencing will now need to be 8 feet tall and
marijuana operations must not be visible without “binoculars, aircraft or other
optical aids.” As expected, all marijuana establishments will be subject to inspection.
Personal Use and
Cultivation (2828)
No more civil forfeitures, consumers may purchase up to one
ounce of marijuana at a time or 5 grams of concentrate (we are calling for
higher limits) and transfer marijuana between friends. A person can grow 6
plants and a household a total of 12. Keeping in mind what is defined as a
marijuana plant, this should cover most patient needs. A key protection in this
section is the line that “a person shall not be penalized solely because of the
presence of metabolites” in their system. Another protection is the reminder
that a person shall not be punished in any way for hemp.
Marijuana Accessories
(2829)
The possession manufacture, sale and promotion of marijuana
accessories shall not be prohibited.
Lawful Operations
(2830)
This is a reminder that cultivating, processing, selling,
distributing and/or testing marijuana shall be legal if a person or business
has the proper licensing and employees shall not be subject to criminal
charges.
Identifying Underage
Persons (2831)
The Marijuana legalization movement must protect itself
against the continuing allegations that our efforts imperil youth. This section
is a reassurance that the new law will work to prevent underage people from
getting access to marijuana. It does specify however that youthful offenders
will get community service, not jail time, if they are caught smoking.
Penalties (2833)
As one could imagine, this section is the most controversial
passage in the draft. On the plus side, it does set almost all penalties at
misdemeanor or less (the exception is for chemical extraction of concentrates
without a license). On the negative side it does not spell out the penalties
for possession over one ounce or “intent to distribute.” Since these penalties
are not specified here, statute would revert to existing marijuana rules (ARS13-3405)
and these offenses (and any others not specified in the new language) would be
considered felonies. We urgently call for correction in this section.
Marijuana Fund (2834)
This section is still underwritten and does not clearly
specify where the moneys generated from marijuana will be spent. Safer AZ is
recommending the Department of Health (since we want this to stay in DHS),
Dept. of Ed, and law enforcement subsidies, since law enforcement will face a
tremendous decrease in their budgets with impending cuts in their marijuana enforcement
budgets.
This ballot measure also amends state statute regarding the
illicit drug schedule (ARS13-3401) and establishes a 15% tax on marijuana sales
What’s Missing
1.
No protections against local jail time
2.
No provisions for expungement of existing
criminal charges, current inmate resentencing option, or post-conviction relief
3.
Language protecting home cultivators from the
implied distinction between “concrete possession” and “actual possession.” An
example of why this is a problem: If two people have 6 plants each and live in
the same house, if the plants are co-mingled could either person be charged w
possessing all 12 plants? What if a person had 12 plants at their household and
was assisting someone at a separate location with their plants. Is that person
now in possession of both sets of plants? This issue can be settled with some
simple clarifying language.
4.
Parenting and discrimination protections similar
to, though stronger than, those in the AMMA. Currently CPS can assert an
automatic “neglect finding” if a parent is found with marijuana or even
declares they have a medical card. We are calling for explicit protections
included that state “custody shall not be disturbed” for the legal possession
and usage of marijuana by parents.
What’s Good
By and large this draft satisfies
many of the concerns Safer AZ had about
grow rights and small business access. DUI provisions are good; citizen grow
rights include possessing ALL the marijuana produced on personal premises;
protections for marijuana accessory use and promotion is a real breakthrough;
as is the protection from false weights on marijuana preparations and edibles.
What’s Bad
The shift of licensing for adult
use marijuana from DHS to Department of Gaming, means a delay in new license implementation
until June of 2019 and that existing marijuana establishments will have to
apply for entirely separate licensing to expand into the adult market. This
will prohibit new investment into both the ballot measure’s campaign and the
industry. Unspecified penalties for larger possession and “intent to distribute”
offenses means those charges revert to existing state statutes and remain
severe felonies.
Recommendation:
SEND BACK FOR REVISIONS
A)
keeping licensing for all marijuana
establishments in the existing DHS structure
B)
excluding adult learning facilities from
prohibited locations
C)
explicitly including the limited license fee
schedule in the fee section
D)
raising allowable limits of possession outside
of one’s residence to 2 & ½ ounces
E)
requiring housing discrimination against
cannabis be explicitly written into housing leases
F)
listing penalties for larger possession (greater
than one ounce) and “intent to distribute,” and having those penalties be
misdemeanors. Doing business without a license should result in civil
penalties, not criminal ones
G)
Protections from potential unreasonable local
restrictions on private consumption and transportation of marijuana
H)
Remove the delay date of June 2019, allow for
immediate implementation by existing dispensaries while they create their adult
use establishments and let new investors have access to the market
I)
Completing the spending formula for the accrued
tax revenue to include: education, public health and law enforcement
We recommend the AZ cannabis
community accept this draft as a reasonable opening offer on the part of MPP to
show it values our concerns. MPP and members of the dispensary industry are
already contributed tens of thousands of dollars to the legalization movement.
Safer AZ urges the activist community to also consolidate our funds, along with
our recommendations to leverage MPP to incorporate our values and concerns into
their final language. To this end, Safer AZ reminds readers that we are a 527
political action committee able to take unlimited donations for or against a
ballot measure and not required to disclose our donors. Investors could invest
in Safer AZ to create a pool of money to support MPP’s work, without having to
directly contribute to MPP; but we are encouraging open good-faith negotiations
for the time being; and will keep you posted as developments change.
Mikel Weisser, Political Director, Safer Arizona