Arizona Cannabis Protection Amendment Act Defined

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December 9, 2016
Denver, CO

This proposal is unique in that it states cannabis is a natural resource that must to be protected under state law in the form of safe access for consumers and businesses. It creates Seed banks as marijuana commerce centers in oversight of the State Liquor License Board. This initiative seeks to create as many jobs as possible for a new regulated market and industry. Allows possession of up to 30 grams of marijuana and personal grow operations of six plants. Removes the 25 mile barrier for patients. It creates of .10% for sales of marijuana to consumers with prices caps of no more than $65.00 per 10 grams and wholesale prices for growers at $2.50. Furthermore this initiative proposes a recyclable seed tax similar to California's CRV tax at .05 cents for every 5 grams purchased. The more of Arizona that hears about this initiative proposal and see's what Safer Arizona is doing in their State the better.

Title and summary

  • Describes cannabis as a natural resource
  • cannabis will be protected under state law in the form of safe access for consumers and businesses alike

Section 1 Purpose and Findings

  • describes the purpose of this initiative which is to:
  1. legalize and tax marijuana similar to alcohol
  2. create necessary jobs
  3. save state parks and reopen and keep them open
  4. creation of State Seed Banks in oversight of the Liquor License Control Board
  5. creation of seed recyclable system of .05 cents per every 5 grams sold to consumers
  6. create a Cannabis Commissioner in oversight of recreational marijuana commerce

Section 2 Definitions

  • describes the various definitions of certain jobs and their criteria,
  • describes the Arizona Compassionate Board committee a total of 11 persons on this board
  1. consist of 2 certified doctors, 2 certified nurses, 2 lawyers, 2 business persons, 2 patients, 1 chairmen of any background.
  2. describes Boards role of distinguishing 2 seperate industries of medical cannabis and recreational marijuana (creates or doubles the workforce)
  3. describes Boards role in creating guidelines, certifications and testing for cannabis related jobs
  4. creates safety standards for entities to abide by
  5. allows for Board members to be elected by voters for multiple terms of 2 years
  • describes the role of the Cannabis Commissioner
  1. the lead role of an add-hawk of the liquor license board as oversight of the recreational marijuana industry.
  • Makes vaporizers developed for marijuana consumption a medical cannabis device. 
  • Describes dry zones as a local or city municipal that does not allow cultivation facilities, but can't ban personal grow operations, marijuana retail stores, or any entity within the medical cannabis industry.  (the opposite of how dry zones are for alcohol)

Section 3 personal use of recreational marijuana

  • very much similar to Colorado's except it clearly states cannabis is allowed for use on private property or in an marijuana establishments rather than strictly for private use in one's own home.
  • Allowable amount for consumers is purchased 30 grams outside of personal property, but not for resale. Transporting marijuana in vehicle must in trunk or in back out of view/reach of driver. Does not permit use while driving or any unreasonable or endangering usage of marijuana.
  • allows personal cultivation of 6 plants for recreational (not personal medical grows, which will be the same for patients outside the 25 mile limit and 12 plants with 6 of the 12 being mature for patients within the 25 mile limit).
  • sets the legal age of recreational use to 21 years of age.

Section 4 lawful operations of marijuana businesses

  • describes 3 separate manufacturing facilities
  1. cultivation facilities
  2. production/packaging facilities
  3. hemp bio-fuel manufacturing facilities
  • describes non recreational marijuana retail stores or establishments as a “cannabis bars.”
  • outlaws cannabis monopolies describes as an entity who owns under one name or name company 3 or more facilities described above.

Section 5 Agricultural Hemp Industry

  • describes a legal commercial and food industry of Arizona grown hemp industries
  • describes the licensing process, fee to cultivate (6 dollars per arce) to allow for processing procedures, inspections, and testing. 
  • Allows for a tax collection of hemp male pollen for the seed recycling program.

Section 6 regulations on non medical and medical cannabis industries

  • sets the effective date of the laws within this proposal as of Dec. 31, 2017
  • stops cps from removing children from homes because of legal marijuana and medical marijuana use.
  • Requires all state law enforcement to be trained in state cannabis law and requires them to be tested before entering the work field.
  • Does not allow for law enforcement to entrap patrons of marijuana establishments.
  • Places a cap on applications for cannabis bar establishments at $5,000 with yearly renewals of no more than $3,500. Also allows this to be changed in case of inflation or if it is deemed impracticable and too high of a cost.
  • Describes the role of  State Seed banks and how the seed recycling program works
  1. in order to obtain recuperation of taxes spent on purchases of recreational marijuana, receipts or proof of purchase is required, along with the exchange of certain sterilized seeds that are not capable of germination.
  • Gives authority and oversight of State Seed Banks to State Liquor License Board and it's State Cannabis Commissioner.
  • Describes the list of series for proper applications for establishing a marijuana business through the State Liquor License Board.
  • Allows for beneficial testing and analysis of marijuana before being sold to consumers in order to protect them.
  • Describes the basic packaging guidelines for marijuana products that will be sold to consumers.
  • Sales tax of .10% to the nearest dollar amount for recreational marijuana.
  • Sales to minors shall be considered a misdemeanor with a $50,000 fine, and or possible revoked licenses/ certifications.
  • Allows for any age to obtain medical cannabis.
  • Prevents HOA's from discriminating against marijuana laws
  • sets wholesale price for cultivators at $2.50 to retail stores, but not consumers.
  • Places caps for prices on purchases of recreational marijuana at no more than $65 for every 10 grams.
  • Sets cap on medical cannabis at no more than $10 a gram. Forces any medical insurance company operating withing the state; including state medical insurance such as ACCESS, to add medical marijuana as a, or to basic medical insurance policies. Allows for low income patients, SSI, SSDI patients slide and scale prices for medical cannabis.
  • Allows for a 1.7% tax deduction for any marijuana business that invests in the use of renewable energy systems.

Section 7 medical laws affected

  • lowers the cost of obtaining medical id cards for personal patient grow operations at no more than $50 a year.
  • Patients that don't grow their own the cost will be lower to register at $7 a year, and Doctors can only recommend a 3 month supply at a time.
  • States there is to be a distinguishing between recreational and medical by levels of thc, cbd, strains, and levels of thc and cbd in concentrations, and the environment that medical cannabis is to be grown (similar to a hospital).
  • Removes the blockage of the 25 mile limit with a compromise of 12 plants with 6 of the 12 being mature for patients who live within the 25 miles.
  • No sales tax on medical cannabis, but allows dispensaries to become profit making companies and pay corporate taxes.
  • Clearly states that private patient clubs are legal.

Section 8 medical cannabis laws unaffected

  • the rights of patients, caregivers and dispensaries.
  • The permitting of sales of medical cannabis to non patients.
  • To allow possession of more than 2.5 ounces outside of personal property.
  • To discharge the Arizona Dept. of Health Services and it's duties to the medical cannabis industries.

Section 9 A 20 year contract for Taxes

  • 10% of tax goes towards protecting and reopening state parks and building projects geared toward tourism growth.
  • 20% goes towards public schools in certain priorities as list below
  1. liberal arts
  2. educational field trips
  3. updating competitive school supplies
  4. directs 55% of this budget towards payroll in this order: hiring teachers and raising teachers salaries, then life guidance counselors, then Administrators.
  • 10% to law enforcement efficiencies
  • 10% to fund contracts in building State Seed Banks
  • 8% to goes towards immigration to assist in speeding up the work visa and citizenship application process.
  • 10% to go towards research in the benefits of the Genius Cannabis plant.
  • 6% to assist the department of health in conducting inspections and oversight of the medical cannabis program.
  • Is not completely 100%, but needs input on where the rest of the taxes should go towards.

Section 10 self executing

  • allows for the text to be self executing and maneuvering in case of conflicting state statues and contradictions that are not in the voters favor.

Section 11 Effective date

  • self explanatory

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