A new law will eventually will give the Department of Health Services the authority to inspect everything that’s being sold out of state-licensed dispensaries.
Arizona adults will be allowed to legally smoke, eat or drink marijuana starting early next month, when Tuesday's election results are certified.
But it'll be another month before they can buy marijuana legally from a state-licensed outlet.
Proposition 207, when it formally becomes law the first week of December as the results are certified, will allow adults to possess up to an ounce of marijuana. They also can have up to six plants — double that if there are multiple adults in the house. As of late Tuesday, the measure was supported by 54% of the votes counted.
Opponents of Proposition 207 conceded defeat. But spokeswoman Lisa James claimed that the win was because of "deceit and self-interest'' by proponents. She pointed out the measure was crafted and financed by the owners of marijuana companies who stand to benefit financially.
"This unelected group of wealthy marijuana insiders wrote the rules for their new industry and almost single-handedly financed the proposition with one goal in mind: they get rich while Arizonans pay the price,'' she said in a prepared statement.
Steve White, CEO of Harvest Health and Recreation, a multi-state retailer of recreational and medical marijuana, put in nearly $2 million of the nearly $5 million spent in support of the proposition.
White acknowledged the measure is written in a way to all but guarantee that the firms that run existing medical marijuana dispensaries get one of the limited licenses to sell marijuana for recreational use. And anyone who wants to buy the drug will have to go to one of what would be between 130 and 160 sites in the state.
But White said if the state is to allow the sale of marijuana, it makes more sense to have that done by individuals and companies that already have been licensed to sell the drug for medical purposes.
As to the limits, White said these, too, are justified, arguing that Arizonans don't want the unlimited number of outlets that now exist in California and Colorado. And he said there will be sufficient outlets in the state to create competition to keep prices down.
That $5 million in spending overwhelmed foes, who had spent just $531,000 as of two weeks before the election.
Adoption of the initiative is in some ways just the next step to the 2010 voter-approved law allowing Arizonans with certain medical conditions to obtain up to 2 1/2 ounces of marijuana every two weeks from state-licensed dispensaries. The most recent report from the Arizona Department of Health Services shows that nearly 280,000 people have such state-issued cards.
Now, effective no later than Dec. 2, all adults will be able to have up to an ounce of the drug without facing criminal charges.
But it won't be until at least January when the health department adopts the rules about who can sell marijuana for recreational use.
Arizona is joining 12 other states that permit adults to use the drug without a medical need, including California, Nevada and Colorado. Several other states have decriminalized possession of the drug but its use is not fully legal.
Aside from the rules for new retail outlets, the health department also has to adopt rules for testing marijuana for both quality as well as adulteration.
The approval is a setback for the Center for Arizona Policy, the socially conservative organization that provided the largest share of funds opposing the measure.
Photos: 2020 General Election in Pima County and Arizona
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Judge throws out lawsuit, finds no fraud or misconduct in Arizona election
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PHOENIX — A judge tossed out a bid by the head of the Arizona Republican Party to void the election results that awarded the state’s 11 electoral votes to Democrat Joe Biden.
The two days of testimony produced in the case brought by GOP Chairwoman Kelli Ward produced no evidence of fraud or misconduct in how the vote was conducted in Maricopa County, said Maricopa County Superior Court Judge Randall Warner in his Friday ruling.
Warner acknowledged that there were some human errors made when ballots that could not be read by machines due to marks or other problems were duplicated by hand.
But he said that a random sample of those duplicated ballots showed an accuracy rate of 99.45%.
Warner said there was no evidence that the error rate, even if extrapolated to all the 27,869 duplicated ballots, would change the fact that Biden beat President Trump.
The judge also threw out charges that there were illegal votes based on claims that the signatures on the envelopes containing early ballots were not properly compared with those already on file.
He pointed out that a forensic document examiner hired by Ward’s attorney reviewed 100 of those envelopes.
And at best, Warner said, that examiner found six signatures to be “inconclusive,” meaning she could not testify that they were a match to the signature on file.
But the judge said this witness found no signs of forgery.
Finally, Warner said, there was no evidence that the vote count was erroneous. So he issued an order confirming the Arizona election, which Biden won with a 10,457-vote edge over Trump.
Federal court case remains to be heard
Friday’s ruling, however, is not the last word.
Ward, in anticipation of the case going against her, already had announced she plans to seek review by the Arizona Supreme Court.
And a separate lawsuit is playing out in federal court, which includes some of the same claims made here along with allegations of fraud and conspiracy.
That case, set for a hearing Tuesday, also seeks to void the results of the presidential contest.
It includes allegations that the Dominion Software voting equipment used by Maricopa County is unreliable and was programmed to register more votes for Biden than he actually got.
Legislative leaders call for audit but not to change election results
Along the same lines, Senate President Karen Fann and House Speaker Rusty Bowers on Friday called for an independent audit of the software and equipment used by Maricopa County in the just-completed election.
“There have been questions,” Fann said.
But she told Capitol Media Services it is not their intent to use whatever is found to overturn the results of the Nov. 3 election.
In fact, she said nothing in the Republican legislative leaders’ request for the inquiry alleges there are any “irregularities” in the way the election was conducted.
“At the very least, the confidence in our electoral system has been shaken because of a lot of claims and allegations,” Fann said. “So our No. 1 goal is to restore the confidence of our voters.”
Bowers specifically rejected calls by the Trump legal team that the Legislature come into session to void the election results, which were formally certified on Monday.
“The rule of law forbids us to do that,” he said.
In fact, Bowers pointed out, it was the Republican-controlled Legislature that enacted a law three years ago specifically requiring the state’s electors “to cast their votes for the candidates who received the most votes in the official statewide canvass.”
He said that was done because Hillary Clinton had won the popular vote nationwide in 2016 and some lawmakers feared that electors would refuse to cast the state’s 11 electoral votes for Trump, who won Arizona’s race that year.
“As a conservative Republican, I don’t like the results of the presidential election,” Bowers said in a prepared statement. “But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.”