Proposition 203, or the Arizona Medical Marijuana Act, was an Arizona ballot measure to legalize the use of
medical marijuana
Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions ...
without the normal
Food and Drug Administration
The United States Food and Drug Administration (FDA or US FDA) is a List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ...
testing for safety and efficacy. Proposition 203 passed by a narrow margin, with 50.13% of the vote.
Background
Proposition 203 was the fourth time that medical marijuana was on the ballot in Arizona. Arizona voters passed medical marijuana initiatives twice in the state, in 1996 and 1998. Due to a technical error, however, in the wording of these laws, they failed to effectively protect medical marijuana patients from arrest. A third initiative in 2002 to legalize small amounts of marijuana was rejected.
Arizona's medical marijuana initiative does the following:
* Allows terminally and seriously ill patients who find relief from marijuana to use it with their doctors’ approval.
* Protects seriously ill patients from arrest and prosecution for the act of taking their doctor-recommended medicine.
* Permits qualifying patients or their caregivers to legally purchase their medicine from tightly regulated clinics, as they would any other medicine—so they need not purchase it from the criminal market.
* Permits qualifying patients or their caregivers to cultivate their own marijuana for medical use if a regulated medical marijuana clinic is not located within 25 miles (40 km) of the qualifying patient.
* Creates registry identification cards, so that law enforcement officials could easily tell who was a registered patient, and establish penalties for false statements and fraudulent ID cards.
* Allows patients and their caregivers who are arrested to discuss their medical use in court.
* Keeps commonsense restrictions on the medical use of marijuana, including prohibitions on public use of marijuana and driving under the influence of marijuana.
Media endorsements
Support
* The ''
Arizona Daily Star
The ''Arizona Daily Star'' is the major morning daily newspaper that serves Tucson and surrounding districts of southern Arizona in the United States.
History
L. C. Hughes was the Arizona Territory governor and founder of the ''Arizona Star'', ...
''
* The ''Desert Lamp''
* ''Goldwater State''
Opposition
* ''
The Arizona Republic
''The Arizona Republic'' is an American daily newspaper published in Phoenix. Circulated throughout Arizona, it is the state's largest newspaper. Since 2000, it has been owned by the Gannett newspaper chain. Copies are sold at $2 daily or at $3 ...
''
* The ''
East Valley Tribune
The ''East Valley Tribune'' is a newspaper concentrated on cities within the East Valley region of metropolitan Phoenix, including Mesa, Tempe, Chandler, Gilbert, and Queen Creek.
Formerly a daily newspaper, the ''Tribune'' resulted from t ...
''
* The ''
Yuma Sun
The ''Yuma Sun'' is a newspaper in Yuma, Arizona, United States. It has a circulation of 18,799.
The count had remained at a virtual standstill, with the proposition failing by several thousand votes until the evening of Friday, November 12, 2010, when it surged ahead with 4,421 votes ahead at 5:35 pm MT as the remaining provisional and early ballots were being counted. The ''
Phoenix New Times
''Phoenix New Times'' is a free digital and print media company based in Phoenix, Arizona. ''New Times'' publishes daily online coverage of local news, restaurants, music and arts, as well as longform narrative journalism. A weekly print issue ...
'' declared, "Proposition 203, which had trailed until this afternoon, is now leading by about 4,400 votes."
Limitations
There is an exception to Proposition 203, and it comes in the form of House Bill 2349, which was passed by the House Education Committee in February 2012. This new law states that
medical marijuana
Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions ...
cannot be possessed or used at educational institutions. HB 2349 defines an educational institution as “any public or private university, college, community college, postsecondary educational institution, high school, junior high school, middle school, common school or preschool.” The Bill has many purposes one of which is to protect students and children from the harmful effects of marijuana. However, a more evident purpose is to keep federal funding. Under the
Drug-Free Workplace Act of 1988
The Drug-Free Workplace Act of 1988 (41 U.S.C. 81) is an act of the United States which requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract o ...
and the Drug-Free Schools and Communities Act, a state or school cannot receive any federal aid if they have legalized a drug that has not been approved by the U.S.
Food and Drug Administration
The United States Food and Drug Administration (FDA or US FDA) is a List of United States federal agencies, federal agency of the United States Department of Health and Human Services, Department of Health and Human Services. The FDA is respon ...
(FDA).Gamachi, Cheryl (February 8, 2012). “Arizona's Bill Banning Marijuana in Schools Needed for Funding” Arizona Daily Wildcat. Retrieved March 20, 2012 Thus, by extending the marijuana ban to educational institutions, Arizona lawmakers are guaranteeing that the state will receive grants and loans. This has led to much opposition from the public, especially students, who believe they have a right to use medical marijuana if they need it to ease certain symptoms.