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Get ready to vote on Prop. 205 (recreational marijuana)

  • Jul 9, 2016
  • Jul 9, 2016 Updated Dec 3, 2016

What you need to know about Prop. 205, which would allow any adult to use marijuana for any reason, including recreational, as well as grow their own plants.

Listen: Prop 205 debate on the Buckmaster Show

Discount Tire owner spends $1M to defeat recreational-pot initiative

PHOENIX — The campaign to keep Arizonans from using marijuana for recreation is getting a big boost from the state’s richest person.

Campaign-finance reports show Discount Tire Co. dumped $1 million into the effort to kill Proposition 205. It is a private company owned by Paradise Valley resident Bruce Halle.

Efforts to reach Halle or his company late Monday for comment were unsuccessful.

Forbes listed his “real time net worth” as of Monday at $6.3 billion. Halle’s chain has more than 900 stores in 31 states with estimated annual revenues of $4.2 billion.

The donation makes Discount Tire the single largest contributor to the cause. Only Empire Southwest, which sells heavy construction machinery, comes close, with total donations to date of $200,000.

Current law allows Arizonans with certain medical conditions, a doctor’s recommendation and a state-issued ID card to obtain up to 2ƒ ounces of marijuana every two weeks. Proposition 205 would expand the right to buy, grow and possess up to an ounce for any adult.

That effort is primarily funded by the national Marijuana Policy Project.

Halle’s donations have gained some attention before.

Last year the Paradise Valley Police Department purchased cameras to read the license plates of vehicles passing through the tony community. The department said that Halle, whose home had been burglarized in 2011, donated about $250,000 to hide the cameras in fake cacti.

More recently, the chain drew criticism from some Hispanic groups for posting signs in store windows urging the reelection of Maricopa County Sheriff Joe Arpaio.

Arizona effort to defeat legalized marijuana gets more cash

PHOENIX — Foes of legalized marijuana are amassing a huge amount of cash in a last-minute bid to quash the measure.

The latest figures show Arizonans for Responsible Drug Policy has so far collected more than $2.7 million. More than $900,000 of that has come in the past three weeks, as different polls have shown the fate of Proposition 205 could swing either way.

Whether any of that is having an effect remains to be seen.

The most recent survey, released Monday, shows 43 percent of those questioned in support and 47 percent opposed.

That could leave the outcome up to the 10 percent who told OH Predictive Insights they are undecided.

But the same pollster, using the same methodology, found Proposition 205 trailing by a larger margin of 40 to 51 percent just a month earlier.

Now comes the big fiscal push.

Less than a week ago, the Arizona Chamber of Commerce and Industry poured $498,000 into the anti-205 measure. That is more than four times as much as the business group had provided since the campaign started.

There’s also a new $115,000 donation from Virginia-based SAM Action, short for Smart Approach to Marijuana, a group that has opposed legalization efforts in many other states.

The pro-205 effort benefited from a $110,000 donation two weeks ago from Dr. Bronner’s Magic Soaps.

That company makes cleaning products, including those that use hemp oil. But various restrictions on growing hemp — essentially a version of marijuana without the psychoactive ingredients — have forced the company to look elsewhere for its supplies.

According to the firm, it donated $100,000 to voter initiatives in Colorado and Washington state to legalize the growing of marijuana there. Arizona’s proposal is modeled largely after what voters approved in Colorado.

OH Insights also said its survey of the same 718 likely voters, done with both live callers and automated responses, showed 53 percent in support of another proposition, 206, with 40 percent opposed.

That proposal would hike the state’s minimum wage, currently $8.05 an hour, to $12 an hour by 2020.

The measure also would require employers to provide workers with at least three days of sick or personal leave.

That same question, asked in August, showed the measure with a 52-38 edge.

The most recent poll was conducted during the last three days of September and has a margin of error of 3.7 percentage points.

How much might have changed since then remains unclear.

Painkiller maker spends $500,000 to keep marijuana illegal in Arizona

PHOENIX — A Chandler firm that could lose business from legalized marijuana is now the largest contributor to a campaign to stop that from happening here.

Reports filed with the Secretary of State’s Office show Insys Therapeutics, whose sole product is an opiate spray to treat pain for cancer patients, gave $500,000 to Arizonans for Responsible Drug Policy. That is nearly four times more than the second largest donation of $110,000 from the Arizona Chamber of Commerce and Industry to try to defeat Proposition 205.

J.P. Holyoak who chairs the committee pushing the initiative, said the interest of pharmaceutical companies in keeping marijuana illegal comes down to protection of profits. He said firms don’t want the competition.

“They want to be able to push their far more addictive, far more harmful and far more dangerous opioid drugs,” Holyoak said. He said that is particularly true of a company like Insys whose business relies solely on a single product that has received federal approval: Subsys, a sublingual fentanyl spray.

Adam Deguire, campaign manager for the anti-205 effort, did not address the financial interest of firms like Insys in keeping marijuana illegal, referring that question to the company.

In its own prepared statement, Insys said it opposes the initiative “because it fails to protect the safety of Arizona’s citizens, and particularly its children.” And the company noted that the U.S. Food and Drug Administration has not approved marijuana for any medical use.

“We believe that all available medicines should meet the clinical standards set by the FDA,” the statement says.

The statement says Insys has nothing against the cannabinoids, the ingredients in marijuana, assuming they are properly used. In fact, the company’s website says it has seven such products in various stages of development.

Deguire, for his part, said there’s also reason to look at who is supporting Prop. 205.

Most of the money has come from the Marijuana Policy Project, an out-of-state interest. And he noted a series of five-figure checks from donors who that “stand to make millions if Prop. 205 passes, with no regards to its negative effects.”

That list includes companies that operate medical marijuana dispensaries. As crafted, the initiative gives them first crack at getting one of the limited number of licenses that will be available through 2020 to sell marijuana.

Holyoak did not dispute that fact.

“Proposition 205 may potentially benefit some of the existing dispensary owners,” he conceded. “This is still an economy and they’re going to be winners and losers.”

But Holyoak defended the limit of 147 marijuana shops statewide the initiative would allow.

If approved in November, the measure would allow any adult to use marijuana for any reason, including recreational, as well as grow their own plants. It also would provide certain protections to marijuana users against losing their jobs or child visitation rights solely because of the legal use of the drug.

That is a big change from the existing 2010 voter-approved medical marijuana law that allows doctors to recommend the drug to patients with cancer as well as to treat pain. About 100,000 Arizonans already have state-issued ID cards allowing them to legally purchase up to 2½ ounces of the drug every two weeks.

But Holyoak argued the availability of medical marijuana does not undermine his contention that pharmaceutical companies fear the expansion because it will make the drug much more accessible, not for recreational use but also for those who have medical needs but do not have the approximately $300 it takes to get a doctor’s recommendation and an annual medical marijuana card from the state.

“There are great barriers to people having access to cannabis as pain treatment through the medical program,” Holyoak said. “Instead what we are proposing is allowing any adult to walk into a store ... and purchase an alternative to those harmful opiods that Insys is pushing.”

While Holyoak argues that legal marijuana would financially harm Insys, there’s another side to thar argument.

In an article earlier this year in Forbes, Todd Hagopian who manages a fund of pharmaceutical companies said he actually sees a benefit to wider legal use of marijuana for firms like Insys. That has to do with the company’s cannabis drugs under development.

“I anticipate a huge swing toward accessibility, and acceptability, with cannabis-based drugs,” he said.

“The biotech industry might be the one who is actually best-positioned to cash in on the wide acceptance of medical marijuana going forward,” Hagopian said. “As the medical marijuana trend becomes the norm, rather than exception, stocks like Insys will be major beneficiaries.”

Hagopian said he foresees larger pharmaceutical companies swallowing up firms that have developed cannabis-linked drugs.

AZ Supreme Court won't alter laws for lawyers in marijuana matters

PHOENIX — The Arizona Supreme Court won’t repeal rules that threaten lawyers with disbarment if they help clients get, sell or use marijuana legally under a 2010 voter-approved law.

The high court rejected without comment a petition that would legally allow lawyers to help clients deal with the Arizona law that allows certain individuals to possess and certain businesses to sell and grow marijuana. The justices gave no reason for their decision.

In doing so, the court is affirming existing rules that forbid lawyers from assisting clients “in conduct that the lawyer knows is criminal.”

While the Arizona Medical Marijuana Act makes marijuana legal for some, the sale, possession and use of the drug remain a felony for all under federal law.

Attorney Patricia Sallen, who urged the high court to alter the rules, said current rules leave lawyers at risk over what they can tell clients who want to get into the marijuana business. That is important because an attorney can be reprimanded, suspended or even disbarred for violating the rules.

The court’s refusal has potentially deeper implications.

It comes as voters are to decide whether to expand state law and allow any adult to possess and use the drug. And if that is approved, it means a whole new set of Arizona laws on marijuana that lawyers may be ethically unable to help their clients navigate.

Whether that will pass remains an open question. Two new polls suggest a close race, with one putting approval at 40 percent and one at 50 percent.

The problem the rule creates for lawyers does not bother Maricopa County Attorney Bill Montgomery, who opposed what Sallen wanted to do.

Lawyers have taken an oath to defend state and federal laws, he said. And that, said Montgomery, means they cannot counsel anyone on activities that remain federal crimes.

Nor was Montgomery concerned that the ethical rules could result in some individuals and businesses being without legal help as they try to navigate state laws legalizing marijuana.

“You’re not entitled to (legal) help to break federal law,” he said.

“That’s called a conspiracy,” Montgomery continued. “And that makes the attorney an accomplice.”

The fact that the Supreme Court was even looking at the issue came as a surprise to Ryan Hurley, who has been active in representing dispensary owners and others since the 2010 law was approved.

But Hurley said he is hoping the justices’ refusal to provide some cover for lawyers like him is not an indication that he could end up in trouble with the court. Hurley said, if nothing else, there is a 2011 opinion by the State Bar of Arizona.

That opinion says lawyers may advise clients about complying with the Arizona Medical Marijuana Act. That includes helping them establish business entities and representing them before government agencies.

That opinion does require attorneys to advise clients about the “potential federal law implications and consequences.”

But in her petition to the high court, Sallen told the justices that opinion is just that, an opinion, and something that may not be enough to assure lawyers they can help their clients on issues related to medical marijuana. Specifically, Sallen said the opinion does not trump the actual written rule — the one the court refused to alter — and does not necessarily protect a lawyer from being disciplined.

“Strictly applied, this means that by advising and helping clients conduct business under Arizona’s medical marijuana law, lawyers would be engaging in criminal conduct under federal law,” Sallen wrote to the court, and thus would be violating the written rules by which attorneys must act.

So she proposed amending the rules to say that attorneys can assist a client “regarding conduct expressly permitted by Arizona law” as long as the lawyer tells the client about the legal consequences under federal law.

Montgomery said that amending the rules is not an answer and called it “disingenuous” for attorneys to acknowledge the violation of federal law and then advise clients how to break it.

“It speaks to a disregard for the law that does more to harm lawyers as a profession than just about anything else,” Montgomery said of the desire to change the rules on attorney discipline. “It makes us all just a bunch of hypocrites (to say) ‘Follow the law unless I tell you you can’t.’”

Gov. Ducey: A state battling opiate abuse shouldn't legalize marijuana

PHOENIX — Gov. Doug Ducey said he does not see legalizing marijuana as a better alternative to the legal and illegal use and abuse of opiates.

At a press conference Friday, the governor touted laws he has signed designed to deal with the problem of opioid addiction. That includes requiring physicians who prescribe the drug to check a statewide database to make sure patients are not “doctor shopping” and making it easy for friends and family members of addicts to get naxolone, an antidote to opiate overdoses, over the counter.

And he praised Walgreens for making drop boxes available for patients to dump their leftover drugs to prevent them from falling into the wrong hands or poisoning the water supply if flushed down the toilet.

But Ducey rejected the idea that a measure on the general election ballot to allow adults to legally use marijuana for any reason might provide a better alternative for those now using addictive opiates.

“Dealing with opioids is an issue we now have in our state right now that we need to take action on,” the governor said.

“If we want to expand this universe of people that are addicted and abusing drugs, well you’ll have that chance in November,” the governor continued. “I, for one, the person who has to deal with the 19,000 children that are in our foster care system that has 85 percent of their parents that are abusing or are addicted to drugs, do not think we should expand that universe or that it would be a good idea in any way.”

Nor does Ducey believe marijuana is a safer alternative.

“I don’t think that any state became stronger by being stoned,” he said.

At Friday’s event, Ducey said opiates have been abused and misused.

He said some is due to the legal versions of the drug, which include codeine, morphine and oxycodone, being overprescribed by some physicians, whether through lack of education or the failure to check a database that might show them the patient is already getting a prescription from someone else.

And that doesn’t even touch the issue of those who are buying and using those otherwise legal the drugs illegally, as well as those using heroin.

“Addiction is responsible for more annual youth deaths than suicide, firearms, school violence and car accidents combined,” Ducey said. “Prescription drug abuse and misuse is an epidemic that lives in every state in the nation, including Arizona.”

Existing Arizona law allows individuals with certain medical conditions and a doctor’s recommendation to use marijuana. About 100,000 Arizonans have obtained the necessary identification cards from the state Department of Health Services that allows them to purchase up to 2½ ounces of the drug every two weeks from state-regulated dispensaries.

Proposition 205 would expand that so that any adult could have up to an ounce of marijuana from a somewhat-expanded network of dispensaries and use the drug in any non-public setting for any reason.

It sets up a regulatory and taxing scheme that proponents argue mirrors the system that now exists for alcohol. They also contend marijuana is safer and far less addictive than other drugs.

Ducey isn’t buying it.

“I would check your facts when you say something is not addictive, that something’s safer than alcohol, and to look at the unintended consequences that have happened in states like Washington and Colorado,” he said, decrying “the way this has infiltrated high schools with brownies and cookies and Pez dispensers and all-day suckers.”

And he cited comments by Diane Carlson, co-founder of Smart Colorado, a youth advocacy group, who said, “I feel like we’re losing a generation” when asked about the experience with legalizing marijuana there.

Arizona Supreme Court ruling to allow marijuana measure on ballot

PHOENIX — Arizona voters will get to decide if they want to be able to use marijuana recreationally.

In a brief order Wednesday, the Arizona Supreme Court rebuffed arguments by foes of Proposition 205 that both the summary of the initiative and the text itself was too flawed to send to the ballot.

Chief Justice Scott Bales said Arizona law requires only that ballot measures be in “substantial compliance” with legal requirements. And he said Prop . 205 fits within that definition.

While Wednesday’s ruling clears the way for a vote, it may not end the legal problems for the measure.

Challengers point out a constitutional provision requires any new program created by voters to have its own new source of revenues.

While the initiative will create a 15 percent tax on sales of the drug to fund enforcement, it will have to borrow money initially from a separate pre-existing account that regulates medical marijuana.

The justices, however, sidestepped that issue, saying it is not legally “ripe” to argue. Bales told challengers they can raise those objections if the measure is approved in November.

Maricopa County Attorney Bill Montgomery, one of the leaders of the anti-205 campaign, said while foes hoped to knock the measure off the ballot and avoid the fight, they are ready for it. And he predicted that once voters know all the provisions they will reject it.

The heart of Prop. 205 would allow any adult to possess and use up to one ounce of marijuana without fear of prosecution under state law.

That is a big change from the 2010 voter-approved medical marijuana law. That limits possession and use only to those who have specific medical conditions, a doctor’s recommendation and a state-issued ID card. The most recent reports from the Arizona Department of Health Services show only about 100,000 of those cards have been issued.

As with the medical marijuana law, Prop. 205 would limit sales to state-licensed dispensaries. The about 90 existing medical marijuana dealers would get first opportunity at the 147 licenses for recreational sale initially available.

Montgomery acknowledged that if the only issue before voters were legalization for recreational use the measure might be approved.

He said, though, Prop. 205 would make many changes in the law that voters might find alarming. And Montgomery said the goal remains to educate voters to those effects.

Wednesday’s high court action came just hours after a trial judge ruled that Secretary of State Michele Reagan had incorrectly explained at least one element of the measure.

Arizona law requires Reagan to prepare a description for voters of what any ballot measure will do.

Marijuana legalization measure qualifies for the November ballot

PHOENIX — A bid to let adults buy and use marijuana for recreation has enough signatures to qualify for the ballot.

But, in the end, that may not be enough.

Matt Roberts, spokesman for the Secretary of State’s Office, said Wednesday that the petitions verified so far show there will be at least the legally required 150,642 valid signatures to give voters the last word. Roberts said he won’t have a final count until Thursday, as his office is waiting for the results of signature review by Coconino County.

But he said what officials there ultimately provide won’t make a difference: There are enough signatures from the other 14 counties to put the measure over the top. Based on that news, proponents have scheduled a formal announcement and rally of sorts for Thursday.

That celebration, however, may be premature.

Maricopa County Superior Court Judge Jo Lynn Gentry is scheduled to hear arguments Friday from challengers who contend that the wording of the measure is legally flawed. If Gentry agrees — and her decision is not overturned — it won’t matter how many people signed petitions to put the issue on the November ballot.

Current law permits those with certain medical conditions, a doctor’s recommendation and a state-issued ID card to obtain up to 2½ ounces of marijuana every two weeks. About 100,000 Arizonans already have such certification.

It also set up a network of about 90 dispensaries where those with a card can obtain the drug.

For everyone else, possession remains a felony, though a 1986 law prohibits incarceration for a first offense.

What would be Proposition 205 would let any adult to have up to an ounce of the drug or up to 12 plants without fear of winding up in court. The number of outlets would increase to a maximum of 147 through 2020, with sales subject to a special levy earmarked for education and other causes as well as the regular state sales tax.

Any campaign is likely to focus on the wisdom of legalizing the drug for recreational use. Proponents and foes each have marshaled arguments about what has been the experience in Colorado and other states where recreational use already is legal.

But opponents are also trying to short-circuit the process and keep what promises to be a multi million-dollar campaign on each side from even getting started. And they’re doing it with a virtual grab-bag of legal arguments designed to convince Gentry that the initiative does not comply with legal requirements.

For example, attorney Brett Johnson charges that neither the measure’s legally required 100-word description nor the text itself spells out how such a radical change in state law will affect employers. And he said it lacks definition of some of the terms used.

Similarly, Johnson cites what he said are impacts on child welfare laws, statutes governing landlords and tenants, and the ability of local governments to set limits on marijuana businesses. He contends none of that is explained in the initiative summary.

And he claims the measure is misleading in saying it would “regulate marijuana like alcohol,” saying there would be substantial differences. All of that, Johnson is arguing to Gentry, make the measure legally insufficient to be put to voters.

But campaign spokesman Barrett Marson said today’s rally will go on as scheduled. And he rejected any suggestion that such a celebration is premature ahead of a final word on the lawsuit.

“We have our own legal analysis,” he said. “It’s a frivolous lawsuit and it’ll be beat back in court fairly quickly.”

The latest campaign finance reports show proponents have raised more than $2.4 million. But more than $1.1 million already has been spent gathering signatures and for other expenses.

Opponents have so far collected close to $770,000, with reported expenses of only about $106,000.

Foes of legalized recreational marijuana in Arizona have cash edge

PHOENIX — Foes of legalized recreational marijuana are building up a war chest in a bid to kill Proposition 205, apparently with a last-minute barrage of media.

New reports filed with the Secretary of State’s Office show that the anti-205 Arizonans for Responsible Drug Policy has so far collected slightly more than $2 million.

That still leaves the group short of the nearly $3.2 million reported by the pro-205 Campaign to Regulate Marijuana Like Alcohol.

But the pro-205 forces already have burned through more than $3 million of that, much of it to get the measure on the ballot in the first place. The latest report shows that organization has less than $170,000 on hand.

By contrast, the campaign to kill the measure reported it has close to $1.4 million in the bank.

That cash differential could prove crucial.

Various polls have come up with conflicting results.

One from July had the measure failing with 52 percent of those questioned opposed. Another one released last month suggested the initiative had 50 percent support.

But the tide could be on the side of initiative foes, and not just because of the financial edge.

Pollster Earl de Berge said that, generally speaking, when people are undecided or confused, they tend to vote “no” on ballot measures.

And pollster Michael O’Neil, who did not conduct either survey, said that even if proponents really do have a 10-point lead, that’s not good news at this point in the election cycle. He said that’s probably a high point and it’s unlikely that number will improve between now and the election.

“I disagree with that,” responded Barrett Marson, spokesman for the legalization campaign.

He said proponents are conducting a “vigorous” campaign and continuing to raise money.

He conceded the anti-205 campaign has more cash on hand. But he said much of that is due to a $500,000 donation from Chandler-based Insys Corp., “a company that wants to sell synthetic marijuana and opposes legalization for business reasons.”

More than $1 million in support of 205 has come from the national Marijuana Policy Project and its separate foundation. But most of the rest has been in the form of five- and six-digit donations from the operators of existing dispensaries, people who will get first crack at the limited number of retail outlets that the initiative will allow — a point that anti-205 spokesman Adam Deguire uses to counter Marson’s comments about the Insys donation.

Deguire said his group is using its funding for television advertising in hopes of convincing voters that this is different than the medical-marijuana law they narrowly approved in 2010.

“This isn’t necessarily a fight about marijuana,” Deguire said.

“No one’s arguing here whether marijuana has medicinal purposes. We’re arguing whether it should be legalized recreationally.”

He said there are things in Proposition 205 that even voters who support legalized marijuana might not want.

The 2010 ballot measure that squeaked by allows individuals with certain medical conditions, a doctor’s recommendation and a state-issued ID card to obtain up to 2½ ounces every two weeks from a state-licensed dispensary.

Proposition 205 would allow any adult to have up to an ounce at a time, purchased through an expanded retail dispensary system but with a 15 percent tax added on.

The measure also would spell out certain rights of marijuana users as to employment and child-custody cases.

Driving while impaired on marijuana would remain illegal.

But unlike alcohol, where a blood-alcohol content of 0.08 is presumption of impairment, there is no such standard in Proposition 205. That would require prosecutors to prove in each case that the motorist was impaired.

Proponents have spent much of their resources to date on their claims that revenues from the tax would benefit education. Foes counter that similar promises were made to Colorado voters before they legalized recreational marijuana, but the funds have not materialized.

But the prime message of the anti-205 forces has been that making marijuana more available to adults will lead to greater accessibility and use by minors.

They also point out that the Arizona law specifically allows the sale of marijuana-laced candy bars, lollipops and other edibles that might be attractive to children.

DES director sends out anti-Prop. 205 emails to employees

PHOENIX — The head of the state Department of Economic Security sent a message to all of his employees on a state-owned email list with a link to a story with arguments against Proposition 205.

In an email sent Sunday, Tim Jeffries forwarded a political argument by Seth Leibsohn, who has been working against the campaign to legalize marijuana for recreational use. The subject line is: “Alcohol ‘safer’ than marijuana???????”

Leibsohn in the email Jeffries forwarded, said it was his intent to “blow up” the arguments of marijuana legalization proponents. And Leibsohn attached an article he wrote for an online magazine with various claims about the lack of safety of the drug and saying that the pro-205 campaign was “very misleading, even dangerous, message, based on bad science and sophistic public deception.”

That attachment was also part of the email Jeffries sent to the entire DES staff.

An aide to Attorney General Mark Brnovich would not say whether what Jeffries did violates any laws.

Instead, Ryan Anderson cited a formal opinion Brnovich issued this past year — and specifically on the subject of the marijuana ballot measure — where he said it is illegal to use “public resources” for the purpose of influencing the outcome of elections. And Brnovich said that includes ballot measures.

That inquiry begins with the question of whether “public resources” were used.

In that opinion, Brnovich said the definition is “quite broad.” It includes not just money, facilities, vehicles and computer hardware and software but also personnel, equipment “or any other thing of value.”

There was no expenditure of public money in Jeffries sending out the email, apparently from home, albeit using his DES email account. But the list of employees’ email addresses is not public. And political consultants routinely pay to obtain mailing lists from organizations.

Anderson said it’s an open question under Arizona law of whether a state-owned email list is a “thing of value.” But he said the mailing does raise some issues.

“At the very least, government officials and their employees should avoid any appearance of a possible inappropriate use of public resources,” Anderson said.

DES spokeswoman Tasya Peterson said Jeffries was unavailable Wednesday to answer questions about the email. But Peterson said there is nothing wrong with what her boss did.

“Senior leadership regularly circulates articles and news stories regarding current events,” she said in a prepared statement. “The email sent by Director Jeffries was sent for purely informational purposes.”

She said the agency recently sent out a news article about Prop. 206 which, if approved by voters, would hike the state minimum wage to $12 an hour by 2020.

Jeffries is on record as opposing the marijuana ballot measure, having made a $500 contribution to the committee trying to defeat it.

This isn’t the first time that emails from Jeffries to his workers has raised questions.

Earlier this year, he sent out messages to staffers about his trip to Lourdes, France, and offering to take their written “special intentions” with him. But Paul Watkins, chief of the civil division of the attorney general’s office, concluded no laws were broken because the messages were “private speech,” even though they were sent through the state email system.

What is different here is the content of this message was not personal but political.

The content clearly had a point of view about Prop. 205. And Brnovich, in that 2015 opinion, said the law defines “influencing the outcome of elections” — the act for which public resources cannot be used — include “supporting or opposing a ballot measure, question or proposition … in any manner that is not impartial or neutral.”

Anderson said no decision has been made whether the AG’s office will conduct an independent probe into what Jeffries did.

“We don’t police individual agency directors’ emails or weigh in absent a specific complaint,” he said. And Barrett Marson, publicist for the pro-205 campaign, said there are no plans to file a formal complaint against Jeffries.

In any event, Anderson said, there is another option short of a formal inquiry.

“This appears to be a matter that could be addressed internally between Director Jeffries and his boss,” he said, meaning Gov. Doug Ducey.

But Ducey does not think Jeffries did anything wrong. “The director was simply sharing an article,” said gubernatorial press aide Daniel Scarpinato.

Ducey in Tucson to draw support for defeating pot legalization initiative

Gov. Doug Ducey spent time in Tucson on Wednesday rallying local law enforcement and community leaders to help to defeat legislation that would legalize recreational use of marijuana.

With Yavapai County Attorney Sheila Polk seated next to him in a midtown conference room, Ducey outlined a list of his reasons for opposing the citizen-led initiative Proposition 205. The measure would allow anyone 21 and older to possess and use up to an ounce of marijuana as well as grow their own plants.

Polk runs the Arizonans for Responsible Drug Policy political action committee, a group focused on defeating the proposition.

“Prop. 205 is something that needs to be stopped in November,” Ducey told the group. “This is winnable.”

However, those backing Prop. 205 said Ducey and his allies are trying to scare Arizonans to defeat the measure in November.

The governor is simply making up facts as he goes along, said J.P. Holyoak, the chair of the pro-Prop. 205 campaign, in an interview.

Ducey and Polk took turns outlining their reasons to opposing the initiative.

  • It will bring in relatively little revenue for education after expenses.
  • It strips control from cities and towns to regulate marijuana-related businesses.
  • Marijuana legalization will hurt businesses in Arizona.
  • Marijuana is going to make roads more dangerous.
  • The initiative, if approved, will be difficult to amend by the Legislature.
  • It will increase the number of teens using marijuana.

“This was sold to the voters in Colorado on the promise it would raise money for education,” Polk said. “It is, on its face, a ridiculous thought. Drugs don’t make for better children or better schools.”

Ducey argued there would be long-lasting economic ramifications, arguing major employers like Raytheon might consider leaving the state if they could not ensure a drug-free workplace.

“It puts local employers at odds against a federal law. It is a trial lawyer’s dream,” he said. “Employers are going to reject that, they are going to leave the state of Arizona. They are not going to invest in the state of Arizona and they may not come to the state of Arizona.”

Ducey defended the massive cash infusion made by Chandler-based Insys Therapeutics, which gave $500,000 to Arizonans for Responsible Drug Policy to help defeat the measure. The company makes a synthetic version of marijuana’s active ingredient, THC, as well as the potent painkiller fentanyl.

“I want any resources we can have that allows us to communicate with voters about the lies that this initiative is being sold on,” Ducey said.

Inside the Southern Arizona Leadership Council offices, Ducey’s message found a receptive audience — even across the political aisle.

Pima County Sheriff Chris Nanos, a Democrat, said no sheriff in the state sees legalization as a step forward.

“I know I speak for the sheriff’s association, perhaps for all law enforcement, when I say that we see this as a public safety issue,” Nanos said. “This is really about our kids and the future of our state.”

Holyoak says he doesn’t need to go far to dismiss the various claims made by Ducey and his allies.

Referring to the claims about work-place safety, he read directly from the text of the Prop. 205 legislation.

“This chapter does not require an employer to allow or accommodate the possession or consumption of marijuana or marijuana products in the work place and does not affect the ability of employers to enact and enforce work place policies restricting the consumption of marijuana and marijuana products by employees,” he said.

As for claims about increased consumption of marijuana by teens, Holyoak referred to a recent survey by the Colorado Department of Public Health and Environment. The study found no sizable increase in marijuana use by teens since marijuana was legalized in Colorado.

As for driving while impaired on marijuana, he noted the state has ways to reliably test whether a person is impaired, not just whether they have traces of the drug in their system.

Colorado lawmakers: Arizona anti-pot ads are inaccurate

PHOENIX — Three Colorado state legislators on Monday called on opponents of the Arizona measure to legalize recreational pot to stop airing what they say are misleading and inaccurate ads.

Colorado State Sen. Pat Steadman and Reps. Jonathan Singer and Millie Hamner, all Democrats, sent the letter to Arizonans for Responsible Drug Policy, which opposes Proposition 205 in Arizona.

Among the gripes the legislators have are several ads that claim Colorado schools have not seen any money from marijuana tax revenues. They also cited studies that dispute the group's claims in ads that teen marijuana use in Colorado is at an all-time high.

At least five of the group's ads claim Colorado schools have not seen money. They feature a former school superintendent and principal who say that funds that were promised to schools went to regulating the pot industry instead, and that Denver schools got no money at all. They also state that more teens are using pot than before and that marijuana-related traffic deaths have surged by 62 percent.

But the Colorado legislators say over $138.3 million of the approximate $220.8 million in total marijuana tax revenue went to the Colorado Department of Education to benefit schools from fiscal years 2015 through 2017. Colorado legalized recreational marijuana in 2012 and began collecting taxes on the sales in 2014. Arizonans will vote on the measure to do the same on Nov. 8.

Steadman, who is one of six Colorado legislators who write the state's budget, says documents clearly show that schools are getting money.

"They are saying these things that are really far afield from the truth," Steadman said in an interview with The Associated Press. "We've been building schools and repairing schools with the excess tax revenue that was dedicated to school construction. Those dollars are flowing."

Campaign manager Adam Deguire said the legislators have "been bought and paid for" by the marijuana industry and that they are pushing misleading information.

"The bottom line is that Colorado schools were promised more money for classrooms than they have actually received and that is why so many schools officials are now asking where all the pot money is that they were promised. Our ads clearly point out that Denver schools received no pot money which is also true, and uses real Colorado school officials who back up these facts," Deguire said in an email to the AP.

The Colorado legislators also sent the No on Prop. 205 campaign a recent survey on teen marijuana use that contradicts the figures it has been using in ads.

Deguire wrote in a letter to the three legislators that Colorado doctors, law enforcement officials and others have spoken out about the negative impacts of legalized pot.

"While flawed surveys may tell a creative story, they cannot change the reliable, firsthand accounts from real Colorado educators and civic leaders who are seeing the harmful effects of legal marijuana every day," Deguire wrote.

Steadman said the data showing increased troubles tied to legalized pot isn't there.

"It's easy to look at some of the data and kind of get swept up in whatever conclusions you wanna lead to, but for those of us who are sitting back keeping a calm eye on this, we have not seen the kinds of problems that people have been afraid of or what people are sensationalizing this into," Steadman said.

Greg Vidor and Robin Schaeffer: Vote no on Arizona's Proposition 205

There’s at least one issue on Arizona’s General Election ballot that crosses political and partisan lines — public health. All Arizonans, regardless of our stance on just about any other issue, can agree public health and safety are paramount to our well-being, productivity and quality of life.

That’s why, as two of Arizona’s leading health and health-care organizations, we’ve come together to oppose Proposition 205, the initiative that would legalize marijuana for recreational use. For hospitals and health professionals across our state, the issue comes down to this: Our mission is to help patients and protect public health. Prop. 205 does neither.

The evidence and experience in other states suggests strongly that marijuana legalization would only exacerbate Arizona’s existing public-health problems.

The picture in states like Colorado that have already legalized marijuana is bleak: More marijuana-related hospitalizations. Greater access to and usage of pot among teens. Increased accidental poisonings of children. Higher rates of marijuana-related DUIs and traffic fatalities.

Already, marijuana is the second leading substance for which people receive drug treatment, and a major cause for visits to hospital emergency rooms. Federal research indicates that legalization and increased availability will lead to expanded use of marijuana – compounding its ramifications.

Is that what we want for Arizona?

Perhaps even worse is all that we don’t know about the risks of legalizing marijuana. For example: if a pregnant woman uses marijuana, it is unclear how the drug may impact prenatal brain development. Additionally, some research has suggested THC — the primary psychoactive ingredient in marijuana — can pass from nursing mothers to their baby. We don’t know what that means for the child.

As health professionals, we believe in research and sound evidence. The simple fact is, voters don’t have enough of either in order to make an informed decision about marijuana legalization.

Arizonans should just say “No” to those who want our state to volunteer itself for this statewide drug experiment.

The safest course of action is to wait and watch. Before long, we will know the full range of impacts in states such as Colorado and Washington that have already legalized recreational marijuana — and Arizona voters will have the ability to make a fully-informed decision.

In the meantime, Arizona faces real and mounting public health challenges. There are the high-profile threats posed by communicable diseases, like Zika, as well as the ongoing struggles with heart disease, cancer and other ailments. Chronic shortages among physicians and nurses each loom in the near future for our growing state.

Needless to say, Arizona communities and families already struggle with the devastation of substance abuse. Expanding access to a dangerous drug like marijuana will only put more Arizonans at risk.

On Nov. 8, please join us in voting “No” on Prop 205.

Steller: Marijuana legalization, opioid crackdown blur issues

The pro-marijuana-legalization campaign wants you to know that its opponents are funded by the opioid industry.

Last week, the Campaign to Regulate Marijuana Like Alcohol put up a billboard in Phoenix calling the anti-legalization campaign “Reefer Madness 2.0” and “Paid for with profits from opioid sales.”

That’s true as far as it goes — as I’ve written, a Chandler-based maker of a fentanyl product donated a whopping $500,000 to the anti-legalization campaign. The specific interest of the company, though, seems to be in protecting sales of a cannabis-based drug it is developing.

It turns out both sides of the campaign have their links to opioids. And in truth, the line between legal and illegal drugs, recreational and medicinal, is hardly a line at all — more of a gray blur.

What opened my eyes to this even more recently was interviewing Aari Ruben, the owner of the Desert Bloom medical marijuana dispensary and a marijuana grow operation on Tucson’s south side. Ruben gave me a tour of his impressive cultivation site on Sept. 27.

Ruben, it turns out, worked for years in his father’s pain clinic, called Healthcare Southwest, at 2016 S. Fourth Ave. in South Tucson. Before Arizona’s medical-marijuana law passed in 2010, Ruben was the clinic’s administrator.

And off and on for years, state and federal officials have investigated his father, Dr. David Ruben, and accused him of over-prescribing oxycodone and other opioid pain-relievers. Twice his permission to prescribe opioids has been suspended, most recently in February of this year. State officials said he prescribed opioids excessively, to people who shouldn’t have been taking them, or in inappropriate dosages.

When we talked Friday, I suggested to Aari Ruben that, indirectly, opiate prescriptions made at the pain clinic financed his entry into the marijuana dispensary business. He acknowledged that was true.

“The money I invested in Desert Bloom was from my salaries from that job and money my dad allowed me to use that was generated from that business,” Aari Ruben said. “That would be correct.”

“We saw a lot of the problems of the opiate epidemic in our practice,” he went on. “People who were abusing the opiates, selling them on the street, people who tested positive for other drugs.”

So, if you take the state’s word for it in its case against Dr. Ruben, and combine it with his son’s account, what you find is that money derived from the spread of opioids is at work in favor of marijuana legalization as well.

Dr. Ruben and I spoke for an hour at his home Friday, and he defended his use of opiates in the practice while criticizing the government’s crackdown on them.

“You cannot treat pain without opioid analgesics,” he said, noting non-pharmaceutical approaches also are important. Opioids, he said, are “a vital part of treating pain.”

But now, Dr. Ruben argued, even as Drug War prohibitions on marijuana have eased and could disappear in Arizona, the crackdown is sharpening on other drugs. DEA agents raided his office in 2014 and had Dr. Ruben under criminal investigation, but eventually backed off. Pharmaceutical opioids, he said, are the latest target of the War on Drugs.

“You can’t get a Percocet, almost,” he said. “Doctors have been scared off because they want to put doctors in jail.”

Of course, this glosses over the reason why there has been a crackdown on opioids — an epidemic of addiction fueled largely by painkiller prescriptions. As described in Sam Quinones’ book, “Dreamland: The True Tale of America’s Opiate Epidemic,” pain clinics were one of the early sources of the spread of addiction in some parts of the country.

But more deeply, you could say it’s a good thing that fans of opioids are seeing a potential alternative in marijuana. As harmful as abuse of marijuana is, use of it for pain is less likely to lead to the downward spiral of addiction than the use of opioids.

On the other hand, the interest in marijuana by people who prescribed a lot of opioids also suggests that it’s just one big druggy crowd — that the legality of one drug and the illegality of another doesn’t make much difference. It’s all about the drugs.

When I spoke to Mark Kleiman, a well-known pro-legalization professor a couple of weeks ago, I asked him about the line between useful and recreational drugs.

“The fact that something can be abused doesn’t mean it can’t have a medical use,” said Kleiman, who is the director of the Crime and Justice Program at New York University’s Marron Institute of Urban Management.

The opposite, of course, is also true: The fact that something has a medical use doesn’t mean it can’t be abused.

When a person takes opioids to treat back pain and becomes addicted, does that mean their use becomes recreational? Or are they just addicted to a substance that nevertheless gives them good relief?

And if a person uses marijuana to relax and feel happy, is that recreational use, or is that medicinal? We make distinctions, but they are often hard to defend.

“We need to recognize that people like to use drugs and, in general, ought to be allowed to unless they get in trouble,” Kleiman told me. “Step back from worrying about who’s using drugs and start worrying about who’s getting hurt and who’s hurting others.”

Those seem like better ways to look at drugs than worrying about whether a drug is considered legal or illegal, recreational or medicinal.

And yet, the evening after we talked, Kleiman participated in a forum on Arizona’s Prop. 205 in Phoenix, and — to complicate matters further — he changed his mind. After reading about the provisions of 205 that would limit competition in the market, seeing there isn’t a lot to protect public health and realizing how hard it is to change the law if passed, the pro-legalization professor became anti-205.

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