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Source
MPP law allows owners of dispensaries to modify Prop 203???
I get a headache every time I read thru the 20 pages of mind numbing legalese in the the phoney baloney initiative to legalize marijuana in Arizona from the folks at MPP.
MPP is the Marijuana Policy Project and their initiative is called Campaign to Regulate Marijuana Like Alcohol or CRMLA.
I think these are the parts of the initiative that allows the "marijuana commission" to modify Prop 203 or Arizona's Medical Marijuana Act.
I think Jason Medar has said the marijuana commission is a board appointed by the governor.
The board will be 7 members and 3 of those members will be owners of medical marijuana dispensaries.
Jason has went on to say if those 3 owners of medical marijuana dispensaries on the board can get one of the other members to side with them they can modify anything they want in Prop 203.
There is the text from the proposed law that seems to say that.
https://www.regulatemarijuanainarizona.org/initiative-text/
snip
[I think this says that 3 members of the marijuana commission board will be members from medical marijuana dispensaries. "controlling persons of a marijuana establishment" - I think that is a big word for owners of a medical marijuana dispensary"]
C. THE MARIJUANA COMMISSION CONSISTS OF SEVEN MEMBERS WHO ARE APPOINTED BY THE GOVERNOR PURSUANT TO SECTION 38-211, FOUR OF WHOM DO NOT HAVE ANY FINANCIAL INTEREST, DIRECTLY OR INDIRECTLY, IN ANY MARIJUANA ESTABLISHMENT AND THREE OF WHOM ARE AT ALL TIMES WHILE SERVING ON THE MARIJUANA COMMISSION AND FOR AT LEAST ONE YEAR BEFORE SERVING ON THE MARIJUANA COMMISSION, CONTROLLING PERSONS OF A MARIJUANA ESTABLISHMENT.
snip
1. THE DEPARTMENT MAY ADOPT AND ENFORCE RULES TO REGULATE ANY PRODUCT SOLD BY A MARIJUANA RETAILER THAT WAS PRODUCED BY A MARIJUANA ESTABLISHMENT, INCLUDING PRODUCTS MADE FROM INDUSTRIAL HEMP.
snip
[I think this means that the members of this marijuana commission board can modify the rules of Prop 203 or Arizona's Medical Marijuana Act]
[Where is says Chapter 28.1, that refers to the Arizona Medical Marijuana Act, which is ARS 36-2801 to ARS 36-2819]
5. RULES ADOPTED BY THE DEPARTMENT PURSUANT TO THIS CHAPTER AND PURSUANT TO CHAPTER 28.1 MAY PROVIDE FOR DIFFERENT REQUIREMENTS AND STANDARDS FOR MARIJUANA THAT IS INTENDED FOR MEDICAL USE. RULES ADOPTED OR ENFORCED BY THE DEPARTMENT MAY NOT CONFLICT IN A WAY THAT WOULD PREVENT A NONPROFIT MEDICAL MARIJUANA DISPENSARY REGISTERED PURSUANT TO CHAPTER 28.1 AND A REORGANIZED MARIJUANA BUSINESS FROM OPERATING COOPERATIVELY AT A SHARED LOCATION
[I think this logic is correct. And I mean, I think, I am not certain.
1) Since Prop 203 was passed by the voters the Arizona legislator can only modify it if they have a super 3/4 majority.
2) But if the voters pass the MPP initiative, and that initiative creates a new board which has the power to modify Prop 203, I suspect that is legal.
And I suspect that board can modify Prop 203 with out the super majority that the legislator would need to modify it. ]
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