Despite continued opposition, Arizona dispensaries open for business
Arizona Attorney General Tom Horne and other high-profile opponents of medical marijuana are still fighting against the will of voters, but Arizona's medical marijuana program has made great progress since August 2012, when 98 registration certificates were awarded. The first state-licensed dispensary opened in December, and the health department announced in July 2013 that 35 dispensaries were open and serving patients.
Horne and Maricopa County Attorney Bill Montgomery tried to convince a judge to shut down the program, but to no avail. In December 2012, Maricopa County Superior Court Judge Michael Gordon rejected Horne and Montgomery’s arguments and refused to declare Arizona’s law invalid.
Horne and Montgomery aren’t the only officials who are out of touch with voters. Rep. John Kavanagh (R-Fountain Hills) filed a resolution in 2013 that would have referred the Arizona Medical Marijuana Act back to the ballot in November 2014. Fortunately, Rep. Kavanagh’s resolution did not gain support, thanks in part to a poll conducted by Public Policy Polling in January 2013 that found that 59% of Arizona voters support the Arizona Medical Marijuana Act.
Other bills that would have chipped away at the program were defeated by the Arizona Legislature in 2013, including a bill that would have forced onerous labeling requirements on dispensaries and another that would have allowed law enforcement officers to seize medical marijuana from patients without having to return it.
Despite these challenges, the program has taken major steps forward since Prop 203, MPP’s ballot initiative, passed in November 2010. The Department of Health Services has been issuing ID cards to patients since early 2011, and patients’ access to medical marijuana will continue to improve with the opening of each new dispensary.
2011 legislature weakens Prop 203
Sadly, the Arizona Legislature slightly rolled back Prop 203’s protections with legislation in both 2011 and 2012, despite the state’s Voter Protection Act, which was designed to prevent legislative meddling.
Most recently, the legislature passed and Gov. Brewer signed H.B. 2349, a bill banning medical marijuana on the campuses of all colleges and vocational schools in the state. Medical marijuana advocates predict the law will be deemed unconstitutional if challenged in court.
In 2011, the legislature passed and Gov. Brewer signed H.B. 2541, which will possibly allow an employer to fire a medical marijuana patient based on a report alleging workplace impairment from a colleague who is “believed to be reliable.” It will also seemingly allow termination based on a positive drug test, which contradicts Prop 203’s explicit language protecting patients from termination without proof of workplace impairment or possession.
Also in 2011, the legislature passed and Gov. Brewer signed H.B. 2585, which contradicts Prop 203 by adding confidential medical marijuana patient data to the prescription drug monitoring program, where it will be subject to “fishing expeditions” by law enforcement and others.
Learn about Arizona's marijuana laws
Did you know that Arizona has some of the harshest marijuana penalties in the country? For example, the penalty for possession of just one ounce of marijuana can be a felony that carries a potential penalty of 18 months in jail and a $150,000 fine! A 2013 report by the American Civil Liberties Union found that over 55% of drug arrests in Arizona are for marijuana possession, and that blacks are 2.4 times more likely to be arrested for marijuana possession than whites.
Also, in 2009, Arizona passed H.B. 2013, which requires drug testing for public assistance recipients if there is “reasonable cause.” All adult recipients must answer three questions during the application process and must complete a drug test within 10 days, if any of the answers provide “reasonable cause” of illegal substance use or if referred by law enforcement or another agency. Recipients who test positive will be denied cash-assistance benefits for a year.
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