Proposition 207: Recreational Marijuana in Arizona

During the November 3rd, 2020 presidential election there were a number of things on the ballot other than the candidates for the presidency. One of those was Arizona proposition 207. This proposition is a state statute also known as the Marijuana Legalization Initiative. Arizona residents were able to vote yes or no when it came to legalizing the plant in their state.

What the Vote Means

A “yes” vote was in support of the legalization to possess and use marijuana for anyone who was at least 21 years of age. It was also a vote to put a tax on marijuana sales, and for the state Department of Health and Human Services to regulate cannabis appropriately.

On the other hand, the public could vote “no” in opposition to the initiative. Voting “no'' would keep the law in place that the use and possession of marijuana stays illegal in Arizona. Nearly two million residents from The Grand Canyon state voted in favor of the proposition. Just over one million opposed it.

Arizona’s History With Propositions For Legal Marijuana

Arizona passed medical marijuana 10 years ago in 2010, but the general use of the drug has remained illegal. The last time the state voted on such an issue was in 2016 for proposition 205. This was an initiative led by the citizens of the state and it nearly passed. 51.3% of voters were opposed whereas 48.7% were in favor of the new law. During the 2016 vote, Arizona was one of five states in total that was addressing such an initiative.

More progressive states like Nevada and California legalized recreational marijuana during this time. So, what changed in just four years? According to a political consultant, the newest Proposition includes lessons learned from the previous campaign. Arizona has taken the things from the states that already have it legalized and worked them into the initiative.

The Republican Governor of Arizona, Doug Ducey, opposed both Propositions. He’s on record stating, "In 2016, Arizona voters rejected legalizing recreational marijuana because it was a bad deal based on false promises. Today, the same is true with this new ballot measure."

What Arizona Residents Need to Know

It became legal for Arizona residents to possess marijuana on November 30th when the results were canvassed. You must be 21 or older and can have an ounce of marijuana on your person at once. The law allows for no more than five grams if the plant is in a concentrated form.

For Arizona residents wanting to grow the plant, as of November 30th, you are legally able to do so. You can have six plants in a home with one adult and up to 12 plants in a house with more than one adult.

So, when can those living in Arizona go and buy marijuana from a dispensary? It looks like March will be the earliest that will be possible unless you have a medical marijuana card. The Department of Health Services will start accepting applications for dispensaries as of January 2021. They are then required to issue the proper licenses within two months, which is how we get to March 2021.

After they have the licensing, allow businesses a month to get set up and ready for the public. Many are speculating retail stores to open on April 20, 2021, which is widely known as a holiday celebrating cannabis called 420. At the time of writing this, Arizona has 120 dispensaries for medical marijuana patients. The state is expecting to open around 40 more dispensaries for recreational use once the new year begins.

What Will Dispensaries Sell?

What dispensaries will sell can vary from one business to another. The majority of them are known to sell marijuana flowers and pre-rolled joints in a variety of different strains. You’ll also find concentrates, tinctures, vape pens, edibles, and more.

This is a legal limit to how potent things like edibles can be for recreational use. Medical use marijuana items are known to have a much higher potency. On that note, recreational edibles can’t come in the shape of humans, animals, insects, fruit, or cartoons. This is to help children avoid using them.

Arizona Taxes and Legal Marijuana

On top of regular sales tax, Arizona residents can expect to pay a 16% tax for recreational marijuana. This can vary from one jurisdiction to another. Legislature believes that legal marijuana will bring it around $300 million per year.

On top of regular sales tax, Arizona residents can expect to pay a 16% tax for recreational marijuana. This can vary from one jurisdiction to another. Legislature believes that legal marijuana will bring it around $300 million per year.

Opposition to Prop. 207

As you’d expect, there was plenty of opposition to the November 2020 ballot. This was led by the Arizonans For Health and Public Safety. The officials that opposed the bill included Republican state senators, US senators, representatives, and more. Here’s what some of them had to say.

Garrick Taylor, senior vice president of government relations and communications for the Arizona Chamber of Commerce and Industry said,

"Despite the assurances of marijuana proponents, more harm than good will result from legalization. The potential consequences of legalization are severe, ranging from an uptick in workplace accidents and lower overall workplace productivity to jeopardizing our workforce development efforts, to costs that come with drug treatment and rehabilitation. We’re already navigating a global pandemic; we don’t need to put even more stress on the public health system."

Lisa James, chairperson of Arizonans for Health and Public Safety, and Todd Griffith, former director of the Arizona State Crime Lab also had something to say about the initiative:

"We have seen the toll marijuana and other drugs take on individuals and their families. Legalizing marijuana with this misleading proposition will lead to more families suffering heartbreak. Ignore what Big Marijuana says about the proposition they wrote. The fine print in their 17 pages of new laws reveals the truth. The industry has only one interest, and it’s not yours."

How Will Proposition 207 Affect Workplaces in Arizona

Arizona employees will still have to perform drug tests for certain jobs. Employers are still able to decline applicants based on the results of the drug test, including a positive result for marijuana. If the applicant has a medical marijuana card, they are exempt from this.

In general, the Proposition doesn’t change much for businesses. Arizona is an at-will employment state, meaning they can hire or fire someone for almost any reason besides discrimination. The law will rarely get involved when it comes to employee and employer relations and conflicts.

In 2017, The Grand Canyon State lawmakers made a change that would allow employers to refuse employment to those using marijuana for safety purposes. For example, you can’t have a medical marijuana card, use the substance, and get a job in construction. If there would be a safety concern at the workplace due to the use of marijuana, the employer is allowed to make hiring decisions based on that. This could change in the future, but for now, it stays in place.

Final Thoughts

As you can tell by the number of votes in favor of Proposition 207, the majority of residents from Arizona are looking forward to the legality of recreational marijuana. It’s expected to bring in hundreds of millions of dollars in taxes to the state. While there isn’t an exact answer to where this money will go, education is not predicted to be one of the focuses. People in the Grand Canyon State can expect to visit a recreational marijuana dispensary in the spring of 2021.