Louie Lujan Discusses Legalizing Marijuana in Arizona: The November 2020 Ballot Initiative

The Smart and Safe Arizona ballot initiative that could legalize marijuana for adults 21 years and older in Arizona has quickly gathered more than 300,000 signatures, well surpassing the 237,645 required to get listed on the ballots in November 2020. Due to the coronavirus pandemic, the campaign has suspended any further signature gathering efforts.

However, voters are mostly in favor of legalizing marijuana in Arizona. Voters will not only determine the next U.S. president, they will also determine the fate of state-wide initiatives that have gathered enough support to make it to their ballot. In Arizona, voters are likely to see an initiative to legalize recreational marijuana for adults over 21 and to provide pardons for people previously convicted of marijuana-related charges.

What is the initiative?

Under “The Smart and Safe Arizona Act,” adults would be allowed to legally possess an ounce of marijuana at a time. The act would also establish over 100 recreational dispensaries and give local governments the power to control regulation, zoning, and licensing. Here is where proponents point to the potential of legalization to improve Arizona’s economy; in 2019, Colorado collected more than $302 million in taxes and fees on marijuana sales alone. Under “The Smart and Safe Arizona Act,” a 16% tax on cannabis sales would fund the enforcement of marijuana regulations and distribute the remaining revenue to police and fire departments, community college districts, and the state’s highway fund. 10% of those additional funds would also go towards a special “Justice Reinvestment Fund” aimed at preventing substance abuse and helping those disproportionately harmed by Arizona’s long history of anti-pot legislation.

The second part of the initiative would decriminalize many marijuana-related offenses and allow people convicted of marijuana-related crimes to petition to have them cleared from their criminal record. Arizona currently has the fourth-highest imprisonment rate in the nation and the fourth-highest penalty for marijuana possession (up to 18 months in prison). This initiative addresses citizen concerns that the Arizona prison population has grown twice as fast as the state’s general population and that 7% of all Arizona arrests are marijuana-related. A report done by George Mason University School of Public Policy estimated that non-violent, marijuana-related arrests cost Arizona taxpayers $168,969,000 annually in criminal justice expenses (totaled from police, judicial and legal, and correctional costs).

Key facts about the initiative:

• legalizes marijuana possession and use for persons 21 and older
• allows home cultivation of up to 6 cannabis plants at an individual’s primary residence (up to 12 plants if two adults reside there)
• establishes over 100 recreational marijuana dispensaries
  marijuana will be sold with a 16% excise tax (a rate lower than most other legal states)
• decriminalizes many marijuana-related offenses

Contact CIMA Law Group for more information.