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PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it!...

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This Initiative will be on the November 8 th Ballot Creates twenty pages of new laws and regulations Creates new Department of Marijuana and Marijuana Commission Authorizes the industry to sell recreational marijuana (“pot”) Creates a monopoly for existing medical marijuana businesses Allows pot to be sold at medical marijuana “dispensaries” Amending ARS Titles 36, 42,and 43 PROP 205: REGULATION AND TAXATION OF MARIJUANA ACT
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Page 1: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

This Initiative will be on the November 8th Ballot

Creates twenty pages of new laws and regulations

Creates new Department of Marijuana and Marijuana Commission

Authorizes the industry to sell recreational marijuana (“pot”)

Creates a monopoly for existing medical marijuana businesses

Allows pot to be sold at medical marijuana “dispensaries”

Amending ARS Titles 36, 42,and 43

PROP 205: REGULATION AND TAXATION OF

MARIJUANA ACT

Page 2: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

PROP 205: WRITTEN, SUPPORTED AND

FUNDED BY

Marijuana Policy Project, Washington, DC

Medical Marijuana Dispensaries, Arizona

Financier George Soros

Page 3: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Governor cannot veto it!

Legislature cannot repeal it!

Amendments must “further the purpose” and require ¾ vote

IF ARIZONA PASSES PROP 205, OUR CITIZENS OWN IT

Page 4: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Shops outside of 500 feet of schools

Bars at retailers by 2020

Delivery like pizza after 2020

Possession of up to 6 plants

Advertising in print media

IF ARIZONA PASSES PROP 205, THE INITIATIVE ALLOWS POT

Page 5: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Pot possession in any form under 21 YO

Pot plants visible to the “public”

Pot smoking in a “public place”

Pot possession over 1oz. but less than 2.5oz.

Pot: first offense fine is $300.00

IF ARIZONA PASSES PROP 205, THE INITIATIVE ALLOWS PETTY CRIMES

Page 6: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP
Page 7: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

PRODUCTS“EDIBLES” “REPURPOSED CANDIES”

Page 8: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

POTENCY

Page 9: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

EDIBLES IMPACT ADULTS

Thamba, visiting student from the Congo, jumped to his death after eating an entire "Sweet Grass Kitchen" lemon poppy seed cookie. March 2014

Richard Kirk shot wife Kristine to death after he ate “Karma Kandy Orange Ginger” candy. April 2014

Page 10: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

5 grams extract = 500 servings of gummy bears

ALLOWS COMMERCIAL SALE and HOME PRODUCTION OF EDIBLES WITH UP TO 5 GRAMS OF EXTRACT

Page 11: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP
Page 12: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Marijuana Use Disorder (affects 31% of regular users)

Early long-term use (associated with 7-8 pts. IQ loss)

Dependency; psychosis; other drug use

Low educational outcomes

Low employment outcomes

Welfare dependency

NEGATIVE OUTCOMES Colorado Under 25 use: 74% higher than the national average*Colorado Over 26 use: 103% higher than the national average*

*Released December 2015

Page 13: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP
Page 14: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

IF ARIZONA PASSES PROP 205, MARIJUANA IS STILL ILLEGAL IN THE U.S.

U.S. Federal Government Regulations

Firearm Transactions (Bans)

Banking Transactions (Cash Only)

Interstate Transport (Crime)

Page 15: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Definition:Potential for abuse Potential for psychological dependencePotential for physical dependence No accepted medical use currently

U.S. DRUG ENFORCEMENT AGENCY (DEA)SCHEDULE I DRUGS

Page 16: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

U.S. DRUG ENFORCEMENT AGENCY (DEA)SCHEDULE I DRUGS

Except as specifically authorized, it is illegal for any person to:

Manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance

Create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance

Page 17: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Examples: Cannabis (Marijuana)EcstasyHeroinLSD PeyoteQuaaludes

U.S. DRUG ENFORCEMENT AGENCY (DEA)SCHEDULE I DRUGS

Page 18: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

“Marijuana is the drug that let’s you waste your life while thinking you are doing something wonderful.” Dr. Ed Gogek*

THC acts on numerous areas (in yellow) in the brain

Interferes with communication

Rewires brain’s reward system

* Author of Marijuana Debunked

Page 19: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

FIREARMS TRANSACTION RECORD

Page 20: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

11 e. ARE YOU AN UNLAWFUL USER OF OR ADDICTED TO MARIJUANA?

Page 21: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Protects a person driving “under the influence” (“DUI”) Prohibits DUI’s based on THC limits

Creates businesses disciplinary and termination issues Prohibits penalizing a person “under the influence” Impaired would have to constitute “negligence” or “malpractice.”

Prohibits landlords from imposing possession, consumption or use rules

IF ARIZONA PASSES PROP 205, THE INITIATIVE

Page 22: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP
Page 23: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

INCREASED TAX REVENUES “ARE A MYTH”

Andrew Freedman, Colorado's Director of Marijuana Coordination, said:

“Most of the money from marijuana is going to the cost of legalization.”

“You do not legalize for taxation. It is a myth.”

“You are not going to pave streets.”

“You are not going to be able to pay teachers.”

“ ….. sales tax revenue will solve a bunch of crises. But it won’t.”

Page 24: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP
Page 25: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

AFTER 3 YEARS, WHAT’S HAPPENED IN COLORADO*

*The Impact of Marijuana Legalization in ColoradoRocky Mountain High Intensity Drug Trafficking Area Vol. 4/Sept. 2016

Marijuana Driving + 62% deathsMarijuana Use + 63% adult + 20% youthMarijuana Admissions + 49% emergency room visits + 32% hospitalizationsMarijuana Seizures + 37% traffic +427% parcel

Page 26: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Marijuana Related Decrease in tourism Increase in Denver crime Increase in homeless of 400% Increase in school suspensions Tax receipts equal 0.5% of state budget 424 retail pot stores vs 202 McDonald’s

*The Impact of Marijuana Legalization in ColoradoRocky Mountain High Intensity Drug Trafficking Area Vol. 4/Sept. 2016

AFTER 3 YEARS, WHAT’S HAPPENED IN COLORADO*

Page 27: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

AFTER 3 YEARS, WHAT’S HAPPENED IN COLORADO*

Page 28: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

AFTER 3 YEARS, WHAT’S HAPPENED IN COLORADO*

Page 29: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

"What I tell other {state} governors is we {Colorado} need a more time," said Governor John Hickenlooper. "I'd wait a year or two and just see.“

AFTER 3 YEARS, WHAT’S HAPPENED IN COLORADO*

* Policy. MIC The Economist December 2015What Colorado's Governor Wants America to Know About Legalizing Weed

Page 30: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

WHAT ABOUT “PROMISED” TAX REVENUES?

15% Sales Tax – Admin/Enforce Expenses = Net Revenues

20% - Department of Health 40% - All Day Kindergarten 40% - School Districts

Page 31: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

The initiative would legalize the sale of marijuana and marijuana products in Arizona beginning March 1, 2018. Marijuana sales would be regulated by a new department established by the initiative and called the Department of Marijuana Licenses and Control (DMLC). DMLC would adopt and enforce rules to regulate marijuana products and license marijuana-related businesses.

DMLC’s budget would be funded by a newly-created Marijuana Fund. The Marijuana Fund would receive revenue from a 15% tax on retail marijuana sales, marijuana licensing fees, and fines and civil penalties related to regulation of marijuana usage and marijuana businesses.

Of the licensing fees, 50% would be disbursed to counties, cities, or towns with marijuana business establishments. Besides funding the costs of DMLC’s operations, Marijuana Fund revenues would fund the Arizona Department of Revenue’s (DOR) costs of administering and collecting the 15% tax.

After the required distributions are made to DMLC, DOR, and localities, any remaining Marijuana Fund revenues in the fund would be disbursed to 3 sources on a quarterly basis: 40% would go to school districts and charter schools for education-related expenses, including teacher compensation, construction, and maintenance. 40% would go school districts and charter schools for full-day kindergarten. 20% would go to the Department of Health Services (DHS) for distribution to the Arizona Poison Control System to provide public education campaigns about the harms of marijuana, alcohol, and other substances.

Page 32: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Pot Sales = $ 1.00 Sales Tax (15%) = $ 0.15 Pot Expenses* = $(0.68) Admin/Enforce* = $( 0.12)Pot Margin = $ 0.32 Net to Programs = $ 0.03

“BIG POT” MAKES 10 TIMES AS MUCH MONEY AS THE STATE OF ARIZONA!

*Estimates based on CO

15% Sales Tax – Admin/Enforce Expenses = Net Revenues

20% - Department of Health 40% - All Day Kindergarten 40% - School Districts

WHAT ABOUT “PROMISED” TAX REVENUES?

Page 33: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Pot Sales = $ 1.00 Sales Tax (15%) = $ 0.15 Pot Expenses* = $(0.68) Admin/Enforce* = $( 0.12)Pot Margin = $ 0.32 Net to Programs = $ 0.03

15% Sales Tax – Admin/Enforce Expenses = Net Revenues

20% - Department of Health 40% - All Day Kindergarten 40% - School Districts

WHAT ABOUT “PROMISED” TAX REVENUES?

*Estimates based on CO

Page 34: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

Arizona Lodging & Tourism Association

Arizona Trucking AssociationArizona Chapter, Associated General Contractors

Tucson Hispanic Chamber of Commerce

Arizona Chamber of Commerce and Industry

Greater Phoenix Chamber

Fountain Hills Chamber of Commerce

Marana Chamber of Commerce

Arizona Republican Party

Former Arizona Superintendent Lisa Graham Keegen

Former Arizona Superintendent Jaime Molera

Former Arizona Superintendent John Huppenthal

US Representative Matt Salmon

US Representative Trent Franks

Maricopa County Attorney Bill Montgomery

AZ DPS Director Frank Milstead

Supervisor Denny Barney AZ Senator Bob Worsley

AZ Representative Paul BoyerArizona Hospital & Healthcare Association

Yavapai Regional Medical Center

Arizona Catholic Conference of Bishops

Center for Arizona PolicyFormer US Education Secretary Bill Bennett

PROP 205: WHO’S AGAINST IT?

Page 35: PROP 205: REGULATION AND TAXATION OF …Governor cannot veto it! Legislature cannot repeal it! Amendments must “further the purpose” and require ¾ vote IF ARIZONA PASSES PROP

ARIZONA: BEFORE YOU DECIDE ASK YOURSELF, WILL SMOKING AND CONSUMING POT MAKE:

Our Children Smarter?

Our Businesses Better?

Our Roads Safer?

Our State Better?

The Pot Industry Richer?


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