Thisis provingto be a big year for cannabis. As a result, we are ranking the fifty states from worst to best on how they treat cannabis and those who consume it. Each of our State of Cannabis posts will analyze one state and our final post will crown the best state for cannabis. As is always the case, but particularly so with this series, we welcome your comments. We are now reaching the point in our series where the states we are listing are not laughably (or should we say screamingly) bad, nor are they good. They are generally okay in some areas and bad (without being horrible) in others. Today we turn to number 26: Arizona.
Our previous rankings are as follows: 27. West Virginia; 28.Indiana; 29.North Carolina; 30.Utah; 31.South Carolina; 32.Tennessee; 33.North Dakota; 34.Georgia; 35.Louisiana; 36.Mississippi; 37.Nebraska; 38.Missouri;39.Florida; 40.Arkansas; 41.Montana;42.Iowa; 43.Virginia; 44.Wyoming; 45.Texas; 46.Kansas; 47.Alabama; 48.Idaho; 49.Oklahoma; 50.South Dakota.
Arizona
Criminal penalties.In many ways, Arizona is a progressive state when it comes to cannabis. This is not the case regardingcriminal penalties. Arizona has some uniquely harsh provisions relating to marijuana. The state imposes a fine for every marijuana offense. This fine must be at least $750 and the maximum fine for any marijuana penalty is $150,000. Additionally, if a person is caught with more than two pounds of marijuana with intent to sell oris caught growing marijuana, a judge may not suspend the sentence, grant probation, pardon or otherwise release the offender before he or she has served the entire sentence.
Arizona punishes cannabis possession as follows:
- Less than twopounds earns a minimum four-month jail sentence, with a maximum two-year sentence.
- Two to four pounds earns a minimum six-month sentence, with a maximumsentence of two years and six months.
- Over four pounds earns a minimum one-year sentence, with a maximum sentence of three years and nine months.
The charges for possession with intent to sell are as follows:
- Less than twopounds earns a minimum one-year sentence, with a maximum sentence of three years and nine months.
- Two to four pounds earns a minimum two-year sentence, with a maximumsentence of eight years and nine months.
- Over four pounds earns a minimum three-year sentence, with a maximum sentence of twelve years and six months.
Medical marijuana.In 2010, Arizona voters narrowly approved the Arizona Medical Marijuana Act by ballot initiative. The Act allows a qualifying patient to possess 2.5 oz. of cannabis or allows them to grow up to 12 plants. Qualifying patients must obtain authorization from an Arizona physician to use marijuana to treat a debilitating condition. Cancer, glaucoma, HIV/AIDS, Hepatitis C, Crohns Disease, agitation of Alzheimers Disease, ALS (amyotrophic lateral sclerosis, also known as Lou Gehrigs Disease), orother chronic and debilitating diseases qualify as debilitating conditions making one eligible for medical cannabis. The Arizona Department of Health Services (ADHS) oversees the states medical marijuana program and grants licenses to nonprofit dispensaries. ADHShas promulgated rules onArizona medical marijuana, which are available here.According to a recent ADHSreport, there are97,938 qualified cannabis patients in Arizona.
Recreational marijuana.Arizona voters are almost certain to decide whether the state will legalize recreational marijuana this November. The Regulation and Taxation of Marijuana Act is currently being circulated in an effort to obtain the requisite number of signatures. Supporters of the Act have until July 7, 2016 to obtain 150,642 signatures. In May, SF Gate reported 215,000 Arizonans had signed in support of the initiative. Those signatures will need to be verified, which is why they will likely continue to collect signatures. According to a poll commissioned byArizonans for Responsible Drug Policy,43% of voterswould approve legalizing recreational marijuana use, 49% would reject it, and 8% are undecided.
If the Actpasses, Arizona would allow a person over 21 to possess up to one ounce of marijuana (with no more than 5 grams being a marijuana concentrate) and to possess up to ...
