Katelyn Baker
Well-Known Member
Proposition 205 is on the ballot this November as the "Regulation and Taxation of Marijuana Act." The 20-page proposition is not solely a "yes or no" on legalization of marijuana for adults 21 and older for recreational purposes. Here are four things to know.
-Educational facilities, childcare centers, and other community organizations: Location of Pot Stores- Prop 205: A.R.S. §36-2858(C)(3)
500 feet. According to Proposition 205, that's the distance restriction for a marijuana retail store from a public or private K-12 school or a fenced recreational area next to the school. In Pima County, medical marijuana dispensaries have to be a minimum of 1,000 feet from: educational or activity facilities where children may be enrolled, school bus stops, childcare centers, library or public parks, and residential or outpatient drug or alcohol rehabilitation facilities. There are no distance restrictions in Prop 205 for any of these locations.
-Regulate marijuana like alcohol? -Prop 205: A.R.S. §36-2860(B)
By law, a standard DUI in AZ happens when a driver has a blood alcohol concentration level of at least 0.08% (0.04% for commercial drivers). Proposition 205 states "driving while impaired by marijuana remains illegal," but unlike the laws regarding alcohol, it sets no legal limit for THC (tetrahydrocannabinol, the active psychoactive ingredient that gets you high). In Colorado and Washington State, drivers with 5-nanograms-per-milliliter of active THC in their blood can be prosecuted for driving under the influence. With Prop 205, if the driver refuses a sobriety test, there is no guidance on how law enforcement officers would prove impairment.
Granted, marijuana is processed differently in the body than alcohol and also lasts longer in your system. New marijuana edibles (well beyond the "homemade brownies" of the past) present a different problem. It takes much longer to process and feel the effects of the drug, so people tend to consume more and get more intoxicated.
Depending on where you stand on legalizing recreational weed, setting a specific THC limit may or may not seem reasonable. Science is still trying to answer the question of how much marijuana and with what level of THC makes you "impaired." What is very clear from scientific research is that THC has short-term effects on motor coordination and judgment skills. Both are needed to drive safely.
-Landlord & Property Rights: Can you regulate growing marijuana on your property?-Prop 205: A.R.S. §36-2852(C)
Proposition 205 states landlords can forbid tenants from "smoking, producing, processing, making or selling marijuana and marijuana products." "Growing" marijuana is not mentioned. The Colorado Law addresses this specifically: landlords can regulate their properties to not tolerate the growing of marijuana.
-Cities, towns or counties: Opting out of recreational pot stores (yes, "except")-Prop 205: A.R.S. §36-2856(A)
Unlike Colorado, a locality (no specific definition given for this term in the law-could be county, city or town) in Arizona can only opt-out if there are no medical marijuana dispensaries in the area. Proposition 205 provides exclusive preference, up to December 2017, to current medical dispensary owners as the developers of the commercial marijuana industry in Arizona. Their business locations have already been zoned to allow operation of medical marijuana dispensaries. Prop 205 specifically states there is no opting out if your area is already zoned for medical marijuana. And yes, there is one medical marijuana location in Sahuarita.
The Regulation and Taxation of Marijuana Act is certainly not an easy read, but it's well worth knowing the details of what your vote would mean. Vote informed.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: In My View - Know The Issue Before Voting On Marijuana Prop
Author: Dr. Eva Maldonado
Contact: 520-625-5511
Photo Credit: Gillian Flaccus
Website: Green Valley News
-Educational facilities, childcare centers, and other community organizations: Location of Pot Stores- Prop 205: A.R.S. §36-2858(C)(3)
500 feet. According to Proposition 205, that's the distance restriction for a marijuana retail store from a public or private K-12 school or a fenced recreational area next to the school. In Pima County, medical marijuana dispensaries have to be a minimum of 1,000 feet from: educational or activity facilities where children may be enrolled, school bus stops, childcare centers, library or public parks, and residential or outpatient drug or alcohol rehabilitation facilities. There are no distance restrictions in Prop 205 for any of these locations.
-Regulate marijuana like alcohol? -Prop 205: A.R.S. §36-2860(B)
By law, a standard DUI in AZ happens when a driver has a blood alcohol concentration level of at least 0.08% (0.04% for commercial drivers). Proposition 205 states "driving while impaired by marijuana remains illegal," but unlike the laws regarding alcohol, it sets no legal limit for THC (tetrahydrocannabinol, the active psychoactive ingredient that gets you high). In Colorado and Washington State, drivers with 5-nanograms-per-milliliter of active THC in their blood can be prosecuted for driving under the influence. With Prop 205, if the driver refuses a sobriety test, there is no guidance on how law enforcement officers would prove impairment.
Granted, marijuana is processed differently in the body than alcohol and also lasts longer in your system. New marijuana edibles (well beyond the "homemade brownies" of the past) present a different problem. It takes much longer to process and feel the effects of the drug, so people tend to consume more and get more intoxicated.
Depending on where you stand on legalizing recreational weed, setting a specific THC limit may or may not seem reasonable. Science is still trying to answer the question of how much marijuana and with what level of THC makes you "impaired." What is very clear from scientific research is that THC has short-term effects on motor coordination and judgment skills. Both are needed to drive safely.
-Landlord & Property Rights: Can you regulate growing marijuana on your property?-Prop 205: A.R.S. §36-2852(C)
Proposition 205 states landlords can forbid tenants from "smoking, producing, processing, making or selling marijuana and marijuana products." "Growing" marijuana is not mentioned. The Colorado Law addresses this specifically: landlords can regulate their properties to not tolerate the growing of marijuana.
-Cities, towns or counties: Opting out of recreational pot stores (yes, "except")-Prop 205: A.R.S. §36-2856(A)
Unlike Colorado, a locality (no specific definition given for this term in the law-could be county, city or town) in Arizona can only opt-out if there are no medical marijuana dispensaries in the area. Proposition 205 provides exclusive preference, up to December 2017, to current medical dispensary owners as the developers of the commercial marijuana industry in Arizona. Their business locations have already been zoned to allow operation of medical marijuana dispensaries. Prop 205 specifically states there is no opting out if your area is already zoned for medical marijuana. And yes, there is one medical marijuana location in Sahuarita.
The Regulation and Taxation of Marijuana Act is certainly not an easy read, but it's well worth knowing the details of what your vote would mean. Vote informed.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: In My View - Know The Issue Before Voting On Marijuana Prop
Author: Dr. Eva Maldonado
Contact: 520-625-5511
Photo Credit: Gillian Flaccus
Website: Green Valley News
