PHOENIX – Arizonans have decided they want to be able to smoke marijuana and apparently are just fine with taxing the richest state residents to help add funds for K-12 education.
They will be able to do the first by the end of the month.
But it could take more than a year for new revenues from the income-tax surcharge to reach the classroom.
The marijuana initiative, Proposition 207, is the next step following voter approval in 2010 of allowing people with certain medical conditions to obtain up to 2½ ounces of marijuana every two weeks. The most recent report from the Arizona Department of Health Services shows that nearly 280,000 people have state-issued medical marijuana cards.
On one hand, getting a card may not be difficult, as the law allows doctors to recommend marijuana for conditions ranging from glaucoma and AIDS to severe and chronic pain. But it does require a trip to the doctor — whatever that costs — as well as paying a $150 annual fee to the state.
With the measure being approved on a 3-2 margin, all that changes.
Effective Nov. 30 — when the vote tally is formally announced and the law takes effect — all adults will be able to possess up to an ounce of the drug without facing criminal charges. Ditto being able to grow up to six plants — double that for households with more than one adult.
Getting it legally, however, is a different question.
The initiative requires the Department of Health Services to come up with the rules for the new recreational marijuana outlets. And that is unlikely to happen before March, leaving no legal place for those without a medical marijuana card to purchase the drug.
It may actually be later. Sam Richards of the Arizona Dispensaries Association suggested that the operators of the planned recreational outlets are aiming for an April 20 ceremonial start-up date, playing off the fact that 4/20 is considered an unofficial “marijuana day.”
Tuesday’s voter approval drew a stinging rebuke by Lisa James, spokeswoman for the anti-207 campaign, saying the ballot measure was marked by “deceit and self-interest.”
“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.
Supporters do not particularly dispute that.
Virtually all of the $5 million spent came from the owners of the existing medical marijuana dispensaries.
The measure they crafted pretty much guarantees that each of them will get a state-issued license for one of the new recreational marijuana retail outlets. More to the point, it is set up in a way to limit how many places can legally sell marijuana.
But Steve White, CEO of Harvest Health and Recreation, which kicked in nearly $2 million to the campaign, balked at the idea this was creating a cartel that with a limited number of outlets where adults can legally buy marijuana — about 160 for the whole state — could stifle price competition.
“That’s like saying you have that pricing control for Taco Bell where there are about that many in the state of Arizona,” he said. And White was not deterred by the fact that someone who wants a taco could find other restaurants.
Anyway, he said, the limits are justified, saying Arizonans do not want the unlimited number of outlets that now exist in California and Colorado.
The measure has other provisions including a 16% tax — similar to what is assessed on alcohol — that proponents say will generate $300 million a year in new revenues to fund community colleges, public safety, health programs and for the construction and repair of roads.
James countered that the experience in Colorado shows there is far more being spent on marijuana-related expenses than what the tax there brings in. She also said the measure has other shortcomings, including the lack of a specific standard to determine exactly what concentration of marijuana’s psychoactive chemical is proof that someone is driving while impaired.
Approval also is good news for some who have previously been convicted of illegal possession of up to 2½ ounces of marijuana, allowing them to petition to have their convictions erased.
While James has conceded defeat, not so for Garrick Taylor, spokesman for the Arizona Chamber of Commerce and Industry, which was behind the effort to kill Prop. 208. He said Wednesday that the 5-point edge the initiative had is not yet enough to convince him that voters actually want to raise taxes on the rich.
Right now, individuals earning at least $250,000 pay state income taxes 4.5% for any earnings above that figure. The same cutoff exists for couples making more than $500,000 a year.
The initiative includes a 3.5% surcharge on top of that, bringing the effective tax rate on those top earnings to 8%.
Supporters, however, point out that the levy affects only those earnings above the threshold. So a couple with taxable income of $550,000 a year would pay that extra 3.5% only on $50,000, or an additional $1,750 a year. And anyone earning less will see no change in tax liability.
Taylor, undeterred, said it still would create one of the highest marginal tax rates in the nation. And just that fact, he said, will become a barrier to businesses locating here and chill what has generally been a healthy economy.
But Taylor was less interested in other state-to-state comparisons, including that the average class size in Arizona is higher than the national average and that teacher pay here, even after the 20% average increases of the past four years, still ranks near the bottom among all states.
“If you want to move to San Diego County, there’s a chance that a teacher would make more,” he said. “But their ability to enter the middle class is more difficult.”
And if nothing else, Taylor questioned how much of the $940 million the levy will raise actually will end up in teachers’ paychecks. He pointed out the 50% earmarked for salaries covers not just teachers, but also classroom support personnel such as nurses and counselors.
Joe Thomas, president of the Arizona Education Association, acknowledged that school districts, who will get a share of the cash based on a weighted per-pupil formula, may decide to hire more teachers to reduce class size rather than providing raises.
It will, however, take some time for the dollars to start flowing.
The higher tax rates are effective with income earned in 2021. And even with some high-wage earners making estimated payments to the state during the year, the big infusion won’t come until the spring of 2022.
Photos: 2020 General Election in Pima County and Arizona
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UpdatedJudge throws out lawsuit, finds no fraud or misconduct in Arizona election
UpdatedPHOENIX — 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.”
Photos of the 2020 General Election voting, election night and ballot processing in Pima County, Maricopa County and throughout Arizona.