When I read this article in the November 16, 2017 issue of the Phoenix Times the first thing I thought about was marijuana criminal defense lawyer Tom Dean.
In the article DEA Special Agent Erica Curry makes the false and ridiculous statement that
Marijuana has “a potential for abuse and there is no recognized, safe, and effective medical use”Marijuana criminal defense attorney Tom Dean made a similar ridiculous statement and has claimed that the Safer Arizona initiative to legalize marijuana in 2018 is one of the best marijuana initiatives in the country.
Personally I think that's a lot of rubbish, and just as false.
Mickey Jones, Alex Gentry and Sergeant David Stephen Wisniewski wrote the initiative version of the Safer Arizona initiative.
It was based on the RAD or Relegalize All Drugs initiative to legalize marijuana, which is probably the BEST initiative to legalize marijuana in the USA.
The RAD initiative is 100% complete total legalization of marijuana, and forbids the government from passing any laws that regulate marijuana, taxing marijuana or doing anything to interfere with marijuana use.
The Safer Arizona initiative was pretty much the same as the RAD initiative except we added three restrictions:
- We added an age limit of 18, which was later changed to 21
- We allowed the government to tax marijuana at a rate no higher than the sales tax on food
- We required some testing of marijuana
My understanding was that marijuana criminal defense attorney Tom Dean was supposed to check the initiative and make sure it was legally sound.
In my opinion instead of checking the initiative to make sure it was legally sound, Tom Dean gutted the initiative and turned it into a horrible initiative which doesn't completely legalize marijuana, and is an initiative that the marijuana criminal defense lawyers would love. And an initiative that the legal medical marijuana cartel would love.
My personal opinion is that Tom Dean sold out the marijuana community.
Mickey Jones was kicked off of the Safer Arizona board of directors for complaining that Tom Dean was turning the Safer Arizona initiative into a mini-version of the evil Prop 205 written by MPP or the Marijuana Policy Project.
Here is some of the horrible stuff Tom Dean added to the Safer Arizona initiative:
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Tom Dean added a requirement that if people grow more than 48 plants marijuana they get a sales tax license.
And remember since marijuana will still be illegal at the Federal level, that sales tax license can be used in a Federal criminal court of law to show that the person was involved in illegal Federal marijuana crimes. Page 2 - 3-3702 E.4 - All persons at least twenty-one [21] years of age are authorized to maintain a home garden provided the person obtains a transaction privilege tax license [sales tax license] Page 2 - 3-3702 E.6 - All persons at least twenty-one [21] years of age are authorized commercial grows provided the person obtains a transaction privilege tax license [sales tax license] Page 2 - 3-3702 - E.2 - All persons who are at least twenty-one [21] years of age are authorized to cultivate cannabis [marijuana] ... for personal use, provided that the cultivation does not exceed forty-eight [48] cannabis plants in a state of efflorescence/inflorescence. [efflorescence - a big word for plants with flowers, inflorescence - a big word for plants with flowers] |
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Tom Dean added a blurb that makes it illegal to grow marijuana if it is visible from a public place.
This garbage law will require most people to grow their marijuana indoors and use expensive lights, which can be a fire hazard. Page 2 - 3-3702 H - Cultivation of cannabis [marijuana] from personal grows, home gardens, and commercial grows may not be visible from a public place from ground level without the use of binoculars, infrared imaging, thermal imaging or any other artificial surveillance equipment or other optical aids. |
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Tom Dean added a blurb that makes it illegal for some people to grow marijuana within in 1,000 feet of school.
Page 2 - 3-3702 G - Commercial grows, home gardens and cannabis sales [marijuana sales] are not authorized within 1,000 feet of a school |
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Tom Dean added a requirement that if people sell any marijuana they get a sales tax license.
And remember since marijuana will still be illegal at the Federal level, that sales tax license can be used in a Federal criminal court of law to show that the person was involved in illegal Federal marijuana crimes. Page 3 - 3-3706 B - A person or entity operating a business for income from the resale of cannabis [marijuana] or cannabis products shall obtain a transaction privilege license [sales tax license] and any standard local tax and/or business license |
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Tom Dean added a requirement that makes it illegal for people to sell any of their personal marijuana, or marijuana they grow.
Footnote 6 Page 2 - 3-3702 E.5 - The person cultivating the cannabis [marijuana] shall be permitted to ... transfer such cannabis to other persons ... provided that nothing of value is transferred in return. [i.e. You can give away the marijuana you grow, but you can't sell the marijuana you grow unless you get a sales tax license] |
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Tom Dean made it illegal to possess marijuana in many government buildings
Page 5 - 3-3713 C.1-3 - The possession of cannabis [marijuana] shall be prohibited in the following places only: school buses ... government buildings [except colleges] |
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When Mickey, Alex and Dave wrote the initiative they gave automatic pardons to anyone convicted of a marijuana crime.
Tom Dean changed that so people are required to request pardons for their marijuana crimes. I suspect marijuana criminal defense lawyers like Tom Dean will love that, because of the jobs it creates for them. Page 4 - 3-3711 B.1 - Any person who was sentenced ... may file a motion to modify the sentence with the judge, commissioner, justice of the peace or magistrate who pronounced the sentence or imposed probation or such judge, commissioner, justice of the peace or magistrate's successor in office. Page 4 - 3-3711 B.2, B.4 - No later than thirty (30) days from the filing date of the motion to modify sentence, the court shall either grant the motion to modify sentence or, if the state objects, schedule a contested resentencing hearing. Page 4 - 3-3711 C - The defendant may file a petition to expunge conviction with the judge, justice of the peace or magistrate who pronounced sentence or imposed probation |
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Tom Dean inserted a blurb that allows city and county governments to pass zoning laws that can be used against marijuana businesses.
I suspect that will be used to create lots of tyrannical laws against marijuana businesses. I also suspect the legal medical marijuana cartel will use that to get laws passed which continue to give them their monopoly on selling marijuana. And I bet Tom Dean will get lots of business helping them write those zoning laws. Page 2 - 3-3705 A - Cities, towns and counties may enact reasonable zoning regulations that limit the land use for commercial grows, home gardens, and businesses engaged in retail sale and wholesale of cannabis [marijuana] [And note the word reasonable is not defined] |
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