As things stand today, the November elections in Arizona will contain a ballot that would, if approved, legalize the use of marijuana for recreational purposes. The ballot has been certified, but the certification is being challenged in court as we go to press with this article. The challenge claims that the 100-word summary of the law that would appear on the ballot is misleading.
In the meantime, Arizona law remains in the stone age when it comes to marijuana. Notably, mere possession of a measurable amount of the drug is not only illegal here, it’s a felony! There are an estimated 600,000 marijuana users in the state. And over the past several years, Arizona cops have on the average arrested between 7 and 10 people per day and charged them with possession.
Well, there is a relative bright spot in this picture. Since 1996, most of those charged with possession (first and second time offenders) will received probation if convicted. On the other hand, even those who eventually receive probation do spend, in most cases, at least some time in jail, if only for the period during which they are processed after the arrest.
If the ballot initiative goes forward and is approved, Arizona will join a number of other states which have legalized the recreational use of marijuana – Alaska, Colorado, Oregon, Washington (and Washington, D.C.). Several states also have recreational use on their ballots for November, including California, Nevada, Maine and Massachusetts. Finally, similar legislation could end up on the ballot in other states.
Jails, prisons and law enforcement are big business in Arizona. The elimination of between 2,500 and 3,700 people currently being arrested each year for possession of marijuana may cost someone money. Not you or me, just the folks whose coffers swell when anyone is arrested and processed through the criminal justice system. In the meantime, the arrests are affecting the future of tens of thousands of people charged with doing something that (a) is legal in other states, and (b) over half a million people in Arizona do every day.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028