Arizona voters to vote on medical marijuana

PHOENIX — Medical marijuana would be legal in Arizona today if not for bad wording in a 1996 ballot measure passed by voters, and then an overbroad proposal that failed in 2002.

Now backers of a measure that goes before Arizona voters on Nov. 2 hope they've worked out all the kinks and that Arizonans will legalize marijuana for patients dealing with severe and persistent pain.

Thousands of patients face "a terrible choice" of suffering with a serious or even terminal illness or going to the criminal market for pot, said Andrew Myers, campaign manager for the Arizona Medical Marijuana Policy Project. More than 252,000 voter signatures were collected to put the measure on the ballot — nearly 100,000 more than required.

November will be the fourth time in 14 years Arizona voters will consider the issue.

Voters overwhelmingly approved a medical marijuana law in 1996 and 1998, but wording conflicted with federal law, blocking its enactment. Then in 2002, voters rejected a sweeping initiative that would have decriminalized possession of up to 2 ounces of marijuana for any user and required state police to hand out the drug to seriously ill people.

But this year's law applies only to patients with diseases including cancer, HIV/AIDS, Hepatitis C, glaucoma, and Crohn's disease, among others, and any other "chronic or debilitating" diseases that cause continuous and severe pain, severe nausea, or seizures.

The patients must get a recommendation from their doctor and register with the Arizona Department of Health Services. They would be allowed to get 2½ ounces of marijuana every two weeks, or if they're properly authorized, grow 12 marijuana plants in an enclosed, locked area.

The law also allows for marijuana dispensaries, which would be required to register with the health department after filing an application and paying a fee. No more than 124 dispensaries would be allowed.

"There were major drafting errors in the past, but the silver lining is we had 14 years to learn from other states' mistakes and craft a complete law," Myers said.

California was the first state to legalize medical marijuana in 1996, and 13 other states and Washington, D.C., have since followed suit.

Carolyn Short, chairwoman of Keep AZ Drug Free, said her group believes the proposed law will increase crime around dispensary locations, lead to more people driving while impaired and eventually lead to legalized pot for everyone.