Gov. Brewer relents, will begin accepting dispensary applications; bill to reduce possession penalties introduced!

In November 2010, Arizona voters passed Prop 203, MPP's medical marijuana initiative. Unfortunately, Gov. Jan Brewer (R) refused to fully implement the law, citing concerns that state employees could be targeted for federal prosecution. In May 2011, she filed suit in federal court, seeking a declaratory judgment on whether Arizona’s new medical marijuana program conflicts with federal law.  

In a Jan. 4 ruling, U.S. District Court Judge Susan Bolton dismissed Gov. Jan Brewer's lawsuit. Nine days later, Brewer announced she would not appeal or re-file her lawsuit. This is a major victory for patients who are eager for the law to be implemented as voters intended, but Gov. Brewer says other legal questions must still be resolved before dispensary licenses are granted. 

The Department of Health Services has been issuing ID cards to patients since early 2011. These cards protect patients from arrest, but it remains unclear when dispensaries will be permitted to open. The language of MPP's initiative allows patients to grow their own medical marijuana if they are not located within 25 miles of a dispensary, so registered patients statewide are permitted to grow their own medicine until dispensaries are implemented.

You can read more about Judge Bolton's dismissal of the lawsuit and Gov. Brewer's decision to move forward with accepting dispensary applications at the MPP blog.

Republican legislator introduces bill to reduce marijuana possession penalties

Rep. John Fillmore (R-Apache Junction) has introduced a marijuana decriminalization bill, H.B. 2044, that would reclassify marijuana possession of one ounce or less from a felony to a petty offense punishable only by a fine of up to $400. Arizona currently has some of the harshest marijuana laws in the nation, and this bill would make Arizona the 14th state to decriminalize marijuana possession.

Like all states, Arizona has limited resources with which to fight against violent crime and property crime. This bill would allow police to focus their resources on serious crimes rather than continuing to waste time prosecuting Arizona residents for simple marijuana possession.

Email your legislators to urge them to decriminalize personal use possession of marijuana.

2011 legislature weakens Prop 203

Sadly, the Arizona legislature slightly rolled back Prop 203’s protections with legislation in 2011, despite the state’s Voter Protection Act, which was designed to prevent legislative meddling.

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.

The legislature also passed and Gov. Brewer also 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. Legal challenges to these laws are likely. In more encouraging news, MPP and its allies were able to kill H.B. 2557, which would have taxed the sale of medical marijuana at 300%, and S.B. 1421, which also would have complicated medical marijuana taxation.

Are you a patient?

If you are a seriously ill patient who was planning to use a dispensary, please email msimon@mpp.org, and include your story and how Gov. Brewer’s refusal to fully implement the program has affected you. Be sure to include your address and nine-digit ZIP code.

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! And the state is ranked 16th in the country in terms of arrests per 100,000 citizens. You can learn more about Arizona's marijuana penalties and enforcement by reading this report by Jon Gettman, Ph.D.

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.

Stay Connected

To stay updated on the status of marijuana policy reform in Arizona, be sure to subscribe to MPP's free legislative alert service, if you haven't done so already.