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.
Video by Jasmine Demers / ÃÛÌÒÓ°ÏñAV
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.
People are also reading…
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.â€
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.â€
“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.â€
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
Ballot processing in Pima County

An election worker stacks ballots to be processed at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
Ballot processing in Pima County

An election worker prepares ballots to be fed into her machine as ballot processing continues at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
Ballot processing in Pima County

Workers process ballots as the count goes on at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
Ballot processing in Pima County

An election worker looks over some ballots being processed at the Pima County Elections Center, Tucson, Ariz., November 5, 2020.
Ballot processing in PIma County

Election workers continue their work in preparing ballots in order for them to be counted later in the day the Pima County Elections Center on November 5, 2020. Photo by Mamta Popat / ÃÛÌÒÓ°ÏñAV
Ballot processing in PIma County

Deputy Scott Woodworth, left, and Deputy Andrew Conrad of the Pima County Sheriff's Department stand outside of the Pima County Elections Center on November 5, 2020. Due to some gatherings around the country at election offices, deputies are on site to help keep the peace. Photo by Mamta Popat / ÃÛÌÒÓ°ÏñAV
Ballot processing in PIma County

Election workers continue their work in preparing ballots in order for them to be counted later in the day the Pima County Elections Center on November 5, 2020.
Ballot processing in PIma County

Adrian Gomez, an election worker, feeds ballots into a machine which opens the envelopes automatically in preparation for them to be counted later in the day at the Pima County Elections Center on November 5, 2020. Photo by Mamta Popat / ÃÛÌÒÓ°ÏñAV
Ballot processing, Pima County

An election worker calls a voter to confirm a signature on a ballot at the Pima County Elections Office located at 6550 S Country Club Rd, on Nov. 4, 2020.
Ballot processing, Pima County

An election worker scans a ballot while doing the first check of the signature while processing ballots at the Pima County Elections Office located at 6550 S Country Club Rd, on Nov. 4, 2020. If the signature matches what the office has on file the ballot will move on to be counted. If the signature does not match it will be moved to a special desk where workers investigate the signature by following up with the voter.
Ballot processing, Pima County

An election worker scans a ballot while doing the first check of the signature while processing ballots at the Pima County Elections Office located at 6550 S Country Club Rd, on Nov. 4, 2020. If the signature matches what the office has on file the ballot will move on to be counted. If the signature does not match it will be moved to a special desk where workers investigate the signature by following up with the voter.
Election Day, Pima County and Arizona, 2020

Mark Kelly, right, Democratic candidate for U.S. Senate, waves to supporters along with his wife Gabrielle Giffords, second from right, and daughters, Claire Kelly, far left, and Claudia Kelly, second from left, during an Election Night watch party on November. 3, 2020 at Hotel Congress in downtown Tucson, Ariz.
Election Day, Pima County and Arizona, 2020

The crowd gathers in St. Philip's Plaza for a Republican supporters party on election night, Tucson, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

Election night wears on as Republican supporters stay up late waiting for numbers at a party held at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

Fox News declares Joe Biden the winner over Donald Trump in the state of Arizona behind the night's entertainment, singer Buck Helton, at a Republican supporters' party at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
Election 2020 Senate Kelly

Mark Kelly, Democratic candidate for U.S. Senate, speaks during an Election Night gathering at Hotel Congress in downtown Tucson, Ariz. on November 3, 2020.
Election 2020 Senate Kelly

Mark Kelly, right, Arizona Democratic candidate for U.S. Senate, waves to supporters along with his wife Gabrielle Giffords, second from right, and daughters, Claire Kelly, left, and Claudia Kelly, second from left, during an election night event Tuesday, Nov. 3, 2020 in Tucson, Ariz. (AP Photo/Ross D. Franklin)
Election Day, Pima County and Arizona, 2020

District 10 senate candidate Justine Wadsack moves through the crowd at a Republican supporters party at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

Arizona house candidate Brendan Lyons speaks to the Republican party supporters gathered at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

Gabby Saucedo Mercer, candidate for Pima County Board of Supervisors, watches polling numbers roll in at a Republican supporters party at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

A woman in the crowd reacts as the first numbers of the night come up on network news showing Joe Biden well ahead of Donald Trump in Arizona during a party for Republican supporters at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

The crowd of Republican supporters celebrate as news organizations declare Texas for Donald Trump during an election party at St. Philip's Plaza, Tucson, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

Mark Kelly, Democratic candidate for U.S. Senate, speaks during an Election Night gathering at Hotel Congress in downtown Tucson, Ariz. on November 3, 2020.
Election Day, Pima County and Arizona, 2020

President Trump supporters wave a flag during an election watch party, Tuesday, Nov. 3, 2020, in Chandler, Ariz. (AP Photo/Matt York)
Election Day, Pima County and Arizona, 2020

Maria Miranda waves to drivers as she waves her sign while stumping for 2nd Congressional candidate Brandon Martin outside the polling site at Desert Gardens Presbyterian Church, 10851 E Old Spanish Trail, Tucson, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

Voters wait in line to cast their ballots at Gideon Missionary Baptist Church, 3085 S. Campbell Ave., in Tucson, Ariz. on Nov. 3, 2020.
Election 2020 Arizona Voting

A poll worker wearing a face shield and mask checks outside for voters in need of assistance at the polling station at Tucson Arizona Boys Chorus, 5770 E. Pima St., in Tucson, Ariz. on Nov. 3, 2020.
Election 2020 Arizona Voting

A short line forms outside of the Drexel Heights Community Center, 5220 S San Joaquin Ave., polling place on November 3, 2020.
Election 2020 Arizona Voting

A voter glances at voting signs while approaching the Donna R. Liggins Neighborhood Center polling place located at 2160 N 6th Avenue, on Nov. 3, 2020.
Election Day, Pima County and Arizona, 2020

Poll volunteers work the final half hour of the night at the Dusenberry-River Branch Library, one of the voting sites in Tucson, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

Election Protection Arizona's Chris Griffin sits just outside the exclusion area at the Christ Lutheran Vail Church polling site, Vail, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

Voters file into the polling site at Christ Lutheran Vail Church, 14600 E. Colossal Cave Rd., as voting takes place across the nation, Vail, Ariz., November 3, 2020.
Election Day, Pima County and Arizona, 2020

A poll worker gestures a couple of voters inside the Desert Gardens Presbyterian Church, 10851 E Old Spanish Trail, one of polling sites across the area, Tucson, Ariz., November 3, 2020.
Election 2020 Arizona Voting

Trump supporters greet another arriving Trump supporter arriving outside of the Living Word Bible Church voting station in Phoenix, Ariz., on Election Day, Tuesday, Nov. 3, 2020. (AP Photo/Dario Lopez-MIlls)
Election 2020 Arizona Voting

Trump supporters greet voters arriving in their cars at the Living Word Bible Church voting station in Phoenix, Ariz., on Election Day, Tuesday, Nov. 3, 2020. (AP Photo/Dario Lopez-MIlls)
Election Day, Pima County and Arizona, 2020

A line forms outside the polls at Continental Ranch Community Center located at 8881 N Coachline Blvd., on Nov. 3, 2020. According to Poll Marshal Judy Burns, the place had a line zigzagging through the parking lot when doors opened and a steady number of voters throughout the day.
Election Day, Pima County and Arizona, 2020

A line forms outside the polls at Continental Ranch Community Center located at 8881 N Coachline Blvd., on Nov. 3, 2020. According to Poll Marshal Judy Burns, the place had a line zigzagging through the parking lot when doors opened and a steady number of voters throughout the day.
Election Day, Pima County and Arizona, 2020

Voters put on masks outside the Avra Valley Fire District Station 191 before casting ballots, on Nov. 3, 2020.
Election Day, Pima County and Arizona, 2020

A voter prepares a ballot outside the Avra Valley Fire District Station 191 polling place, on Nov. 3, 2020.
Election 2020 Arizona Voting

A voter leaves the polling place at Tucson Arizona Boys Chorus, 5770 E. Pima St., in Tucson, Ariz. on Nov. 3, 2020.
Election 2020 Arizona Voting

A woman walks towards the Drexel Heights Community Center 5220 S San Joaquin Ave. to cast her vote on November 3, 2020.
Election 2020 Arizona Voting

Campaign signs adorn an area just off the property at Drexel Heights Community Center 5220 S San Joaquin Ave. on November 3, 2020.
Election Day, Pima County and Arizona, 2020

A voter puts on a face covering before entering the Himmel Park Library polling place, on Nov. 3, 2020. Photo by Josh Galemore / ÃÛÌÒÓ°ÏñAV
Election Day, Pima County and Arizona, 2020

A polling worker welcomes a voter to the Himmel Park Library polling place, on Nov. 3, 2020. Photo by Josh Galemore / ÃÛÌÒÓ°ÏñAV
Election Day, Pima County and Arizona, 2020

A voter drops off their ballot on Election Day outside State Farm Stadium early, Tuesday, Nov. 3, 2020, in Glendale, Ariz. (AP Photo/Matt York)
Election Day, Pima County and Arizona, 2020

A voter, November 3, 2020, at the Islamic Center polling place, 12125 E Via Linda, Scottsdale, Arizona.
Election Day, Pima County and Arizona, 2020

Voters wait in line, November 3, 2020, at the Tempe History Museum polling place, 809 E. Southern Ave., Tempe.
Election Day, Pima County and Arizona, 2020

Voters stand in line outside a polling station, on Election Day, Tuesday, Nov. 3, 2020, in Mesa, Ariz. (AP Photo/Matt York)
Election Day, Pima County and Arizona, 2020

Voters stand in line outside a polling station, Tuesday, Nov. 3, 2020, in Mesa, Ariz. (AP Photo/Matt York)
Election Day, Pima County and Arizona, 2020

A school crossing guard stops cars for voters entering a polling station, Tuesday, Nov. 3, 2020, in Phoenix. (AP Photo/Matt York)
Election 2020 Arizona Voting

A line forms outside the Dr. Martin Luther King Jr. Neighborhood Center just over an hour after the polls opened Tuesday morning, Nov. 3, 2020, in Yuma, Ariz. (Randy Hoeft/The Yuma Sun via AP)
Election 2020 Arizona Voting

Voters arrive at the Dr. Martin Luther King Jr. to cast their vote in the general election early Tuesday morning, Nov. 3, 2020, in Yuma, Ariz. (Randy Hoeft/The Yuma Sun via AP)
Election 2020 Arizona Voting

A woman walks into the St. Margaret Mary's Church, 801 N Grande Ave. to cast her ballot on November 3, 2020.
Election 2020 Arizona Voting

An election worker processes early voting ballots at Pima County Elections Center, 6550 S. Country Club Rd., in Tucson, Ariz. on Nov. 3, 2020.
Election 2020 Arizona Voting

An election worker processes early voting ballots at Pima County Elections Center, 6550 S. Country Club Rd., in Tucson, Ariz. on Nov. 3, 2020.
Election Day, Pima County and Arizona, 2020

The television news network, MSNBC, is projected onto screens at the Mark Kelly Election Night watch party for friends and family at Hotel Congress in downtown Tucson, Ariz. on November 3, 2020. Kelly is the democratic candidate for the U.S. Senate.
Election Day, Pima County and Arizona, 2020

Chairs are set up on the patio for friends and family at Hotel Congress for the Mark Kelly Election Night watch party in downtown Tucson, Ariz. on November 3, 2020. Kelly is the democratic candidate for the U.S. Senate.
Election Day, Pima County and Arizona, 2020

The sun begins to set behind a voting sign at Gideon Missionary Baptist Church, 3085 S. Campbell Ave., in Tucson, Ariz. on Nov. 3, 2020.
Election Day, Pima County and Arizona, 2020

Poll workers check their phones as they wait for voters at a local polling station Tuesday, Nov. 3, 2020 in Tucson, Ariz. (AP Photo/Ross D. Franklin)
Judge throws out lawsuit, finds no fraud or misconduct in Arizona election
PHOENIX — 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.â€
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.â€
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.â€
Photos of the 2020 General Election voting, election night and ballot processing in Pima County, Maricopa County and throughout Arizona.
On Twitter: @azcapmedia