Arizona Proposition 203 (2010)

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Proposition 203, or the Arizona Medical Marijuana Act, was an Arizona ballot measure to legalize the use of medical marijuana without the normal Food and Drug Administration testing for safety and efficacy. Proposition 203 passed by a narrow margin, with 50.13% of the vote. [1]

Contents

Background

Proposition 203 was the fourth time that medical marijuana was on the ballot in Arizona. Arizona voters passed medical marijuana initiatives twice in the state, in 1996 and 1998. Due to a technical error, however, in the wording of these laws, they have failed to effectively protect medical marijuana patients from arrest. A third initiative in 2002 to legalize small amounts of marijuana was rejected. [2]

Arizona’s medical marijuana initiative does the following:

Media endorsements

Support

<i>Arizona Daily Star</i> American newspaper

The Arizona Daily Star is the major morning daily newspaper that serves Tucson and surrounding districts of southern Arizona in the United States. The paper was purchased by Pulitzer in 1971; Lee Enterprises bought Pulitzer in 2005. At present, the paper's business operations are owned jointly by Lee Enterprises and the Gannett Company.

Opposition

The East Valley Tribune is a weekly newspaper concentrated on cities within the East Valley region of metropolitan Phoenix, including Mesa, Tempe, Chandler, Gilbert and Queen Creek.

<i>Yuma Sun</i>

The Yuma Sun is a newspaper in Yuma, Arizona, United States. It has a circulation of 18,799.

Results

Proposition 203 passed by a narrow margin, making Arizona the fifteenth state to legalize medical marijuana. [9] [10] The passage was announced on November 14, twelve days after the election. [1]

Proposition 203
ChoiceVotes%
Yes check.svg Yes841,34650.13
No837,00549.87
Total votes1,678,351100.00
Source: AZ - Election Results

The count had remained at a virtual standstill, with the proposition failing by several thousand votes until the evening of Friday, November 12, 2010 when it surged ahead with 4,421 votes ahead at 5:35 pm MT as the remaining provisional and early ballots were being counted. The Phoenix New Times declared, "Proposition 203, which had trailed until this afternoon, is now leading by about 4,400 votes." [11]

Limitations

There is an exception to Proposition 203, and it comes in the form of House Bill 2349, which was passed by the House Education Committee in February 2012. This new law states that medical marijuana cannot be possessed or used at educational institutions. HB 2349 defines an educational institution as “any public or private university, college, community college, postsecondary educational institution, high school, junior high school, middle school, common school or preschool.” [12] The Bill has many purposes one of which is to protect students and children from the harmful effects of marijuana. However, a more evident purpose is to keep federal funding. Under the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act, a state or school cannot receive any federal aid if they have legalized a drug that has not been approved by the U.S. Food and Drug Administration (FDA). [13] Thus, by extending the marijuana ban to educational institutions, Arizona lawmakers are guaranteeing that the state will receive grants and loans. This has led to much opposition from the public, especially students, who believe they have a right to use medical marijuana if they need it to ease certain symptoms.

See also

Related Research Articles

1996 California Proposition 215

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Marijuana Policy Project organization

The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff. Its stated aims are to: (1) increase public support for non-punitive, non-coercive marijuana policies; (2) identify and activate supporters of non-punitive, non-coercive marijuana policies; (3) change state laws to reduce or eliminate penalties for the medical and non-medical use of marijuana; and (4) gain influence in Congress. MPP advocates taxing and regulating the possession and sale of marijuana in a manner similar to alcohol, envisions a nation where marijuana education is honest and realistic, and believes treatment for problem marijuana users should be non-coercive and geared toward reducing harm.

Steve Kubby United States politician and activist

Steven Wynn "Steve" Kubby is a Libertarian Party activist who played a key role in the drafting and passage of California Proposition 215. The proposition was a ballot initiative to legalize medical marijuana which was approved by voters in 1996. Kubby himself is well known as a cancer patient who relies on medical cannabis. He has authored two books on drug policy reform: The Politics of Consciousness, and Why Marijuana Should Be Legal. He was the Libertarian Party of California candidate for Governor of California in 1998 receiving 0.9% of the vote. In 2008, he declared his candidacy for the Libertarian Party's 2008 presidential nomination and received significant support for the nomination, but was eliminated after the second ballot. Although various media reports have described him as a "felon" and "fugitive", Kubby's legal status was resolved on July 3, 2008, when California Superior Court Judge, David Nelson, dismissed all charges against Kubby, clearing his name and record of any criminal activity.

1998 Oregon Ballot Measure 67

The Oregon Medical Marijuana Act, a law in the U.S. state of Oregon, was established by Oregon Ballot Measure 67 in 1998, passing with 54.6% support. It modified state law to allow the cultivation, possession, and use of marijuana by doctor recommendation for patients with certain medical conditions. The Act does not affect federal law, which still prohibits the cultivation and possession of marijuana.

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Cannabis in Oregon

Cannabis in Oregon relates to a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first U.S. state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.

Medical cannabis in the United States

In the United States, the use of cannabis for medical purposes is legal in 33 states, four permanently inhabited U.S. territories, and the District of Columbia, as of January 2019. Fourteen other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is considerable variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

Cannabis in California

Cannabis in California is legal for both medical and recreational use. In recent decades, the state has been at the forefront of efforts to reform cannabis laws, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although Proposition 19 was unsuccessful, California would later become the first state to legalize medical cannabis with the passage of the Compassionate Use Act of 1996. In November 2016, California voters approved the Adult Use of Marijuana Act to legalize the recreational use of cannabis.

2010 California Proposition 19

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Massachusetts Medical Marijuana Initiative

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Adult Use of Marijuana Act

The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.

Cannabis in Nevada

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Cannabis in Arizona

Cannabis in Arizona is legal for medical uses, but prohibited for recreational use.

Cannabis in Michigan is legal for medical use and recreational use, after passing a ballot initiative in 2018. Regulated stores are expected to open early in 2020.

References

  1. 1 2 Valencia, Nick (November 14, 2010). "Arizona voters approve medical marijuana measure". CNN . Retrieved November 15, 2010.
  2. Ye Hee Lee, Michelle (September 26, 2010). "Prop. 203: Legalization of medical marijuana". The Arizona Republic . Retrieved October 29, 2010.
  3. Arizona Daily Star, "The Star's recommendations on state, local propositions", October 28, 2010
  4. Desert Lamp, "The Desert Lamp’s Ballot Proposition Endorsements", October 20, 2010 Archived May 13, 2013, at the Wayback Machine .
  5. Goldwater State, "For decency's sake, vote "yes" on Prop. 203", November 1, 2010
  6. Arizona Republic, "Voters should reject push for 'medical' pot", October 14, 2010
  7. East Valley Tribune, "Endorsements: Ballot propositions", October 24, 2010
  8. Yuma Sun, "Marijuana prop has flaw which prevents support", October 14, 2010 [ permanent dead link ]
  9. Ye Hee Lee, Michelle (November 13, 2010). "Proposition 203 passes; medical marijuana approved". The Arizona Republic . Retrieved November 14, 2010.
  10. Christie, Bob (November 14, 2010). "Voters approve Arizona medical marijuana measure". Yahoo! News . Retrieved November 19, 2010.
  11. Stern, Ray (November 12, 2010). "Prop 203 Appears to Have Won; Remaining Ballots Unlikely to Reverse Trend". Phoenix New Times . Retrieved November 12, 2010.
  12. http://www.azleg.gov/legtext/50leg/2r/bills/hb2349p.pdf
  13. Gamachi, Cheryl (February 8, 2012). “Arizona’s Bill Banning Marijuana in Schools Needed for Funding” Arizona Daily Wildcat. Retrieved March 20, 2012