Peoples Initiative to Re-legalize Marijuana in Arizona Edit
OFFICIAL TITLE: RE-LEGALIZE MARIJUANA
FULL TEXT OF PROPOSITION
Be it enacted by the People of the State of Arizona The Constitution of the State of Arizona is amended BY THE ADDITION OF A NEW ARTICLE to read:
1. The state of Arizona shall recognize that marijuana and marijuana abuse are NOT criminal problems to be solved by arresting people and putting them in prison, fining them and seizing their assets.
2. The state of Arizona shall recognize that marijuana and marijuana abuse are medical problems that are to be solved by the person who uses the marijuana. It is NOT the government's job to solve people's marijuana problems.
3. Government entities in the state of Arizona shall not tax, regulate, control, or pass any laws governing the use, smoking, consumption, drinking, injecting, sale, transfer, growth, cultivating, manufacture, production, storage, possession, transportation, or importation of marijuana or any of the chemicals in any marijuana plant.
4. Nor shall any city, county, state or other government agency or government entity in Arizona assist other government agencies, such as the Federal government, foreign governments, Indian governments or other state governments in enforcing their laws against marijuana.
5. Nor shall any government entity in the state of Arizona pass any regulations discriminating against people or entities that use use, smoke, consume, drink, inject, sell, transfer, grow, cultivate, manufacture, produce, store, possess, transport, or import marijuana.
6. For this initiative the word marijuana refers to any form of marijuana, marijuana products, cannabis or hemp and includes concentrated forms such as hashish, hash oil, wax and shatter.
7. Any person arrested or convicted of any marijuana offense in the past shall automatically have their criminal record cleared for those charges and automatically receive a full pardon for those charges.
8. Any person arrested for any marijuana offense in the past who accepted a plea bargain for reduced charges shall automatically have their criminal record cleared for those reduced charges and automatically receive a full pardon for those reduced charges.
9. The state of Arizona shall not extradite a person to another state or country if the person could be charged with marijuana crimes which would be legal in Arizona.
9. Any government employee, police officer or prosecutor that interferes with a persons marijuana rights defined in this initiative shall be personally and civilly liable to each person for each incident for a minimum of $1 million in damages or 10 times the actual amount of damages which ever is greater. There shall be no immunity to police offices or prosecutors who claim to be "acting in good faith" or other reasons.
10. This constitutional amendment will not effect the Arizona Medical Marijuana Act which shall continue to exist in parallel.Section 9 was struck due to a conflict with the United States Constitution.
Sections Removed Edit
What originally was section nine "The state of Arizona shall not extradite a person to another state or country if the person could be charged with marijuana crimes which would be legal in Arizona." Was removed due to a conflict with the United States Constitution.
RAD initiative would effect using butane solvents to extract THC from marijuana.
People commonly use butane as a solvent to extract the THC from marijuana.
If done properly it's reasonably safe, but because it involves highly flammable butane, accidents can and will happen.
The RAD initiative forbids the government from passing laws making it illegal to use butane to extract THC from marijuana.
And that's how the RAD initiative is supposed to work. We don't want the government banning this practice use to extract marijuana and other chemicals from crops.
But there is nothing in the RAD initiative that forbids the government from passing zoning laws that require using highly flammable butane solvents to extract chemicals from crops to be done in industrial areas.
So that would be one way for the government to keep this potentially dangerous activity from being done in people's homes.
Or the government could pass laws on safety regulations that are required to be obeyed when extracting chemicals from crops using highly flammable butane solvents.
So while the RAD initiative forbids them passing specific laws aimed at marijuana, they can pass generic laws that people in the marijuana business must obey.