Arizona Will Vote On Marijuana Legalization In November

An initiative to legalize recreational marijuana will be on Arizona’s November ballot, the state’s Supreme Court has ruled.

In an Aug. 31 decision, the Arizona Supreme Court rejected a final legal challenge to Proposition 205 led by Arizona residents for Responsible Drug Policy, stating that the group did not have a right to sue, The Associated Press reports.

The group argued that initiative backers used illegal and unconstitutional “bait-and-switch tactics,” as well as violated state statutes by including a misleading 100-word summary that does not include important provisions. Furthermore, the backers are accused of using an “incoherent” text and title that does not clearly state how the measure would impact other laws, and not providing a legal funding mechanism.

Chief Justice Scott Bales said the initiative did comply with the law’s requirements and rejected the lawsuit.

Therefore, Arizona residents will vote on Proposition 205 in November.

“Voters will get the opportunity that they requested – more than 258,000 people signed a petition to put this before the voters,” said Barrett Marson, spokesman for the Campaign to Regulate Marijuana Like Alcohol. “The Supreme Court agreed voters should have the final say on whether adults should have the right to legally purchase marijuana.”

Proposition 205 would legalize recreational marijuana in the state, granting adults 21 or older the right to possess up to one ounce of marijuana and consume marijuana in private, according to the measure’s website.

Adult residents would also be allowed to grow up to six marijuana plants in an enclosed, locked space at their residence. Property owners and landlords would be given the right to prohibit marijuana from being grown on their property.

As for the sale of marijuana, a Department of Marijuana Licenses and Control would be created to oversee marijuana retail stores, licensed cultivation, manufacturing, and testing facilities. The department would have its own police unit to enforce regulations.

There will be a cap on how many licensed marijuana retail stores may exist, as is currently the case with liquor stores in the state.

The proposition mandates that all retail sales of marijuana be subject to a 15 percent excise tax, which will fund the implementation and enforcement of regulations, as well as the state’s Department of Education and Department of Health Services.

Public use of marijuana will remain illegal under the measure.

Sources: Associated Press via azfamily.com, Regulate Marijuana Like Alcohol / Photo credit: Katheirne Hitt/Flickr