Fourteen year old legislation requiring individuals who possess marijuana to obtain both a dealer’s license and tax stamps from the State Department of Revenue was repealed by the state legislature and signed into law by Gov. Fife Symington on April 28.
The law had fallen under scrutiny after a North Phoenix judge dismissed marijuana charges against NORML activist Peter Wilson because of taxes he had previously paid to the state to possess and sell cannabis. Judge John Barclay wrote that, “The facts in this case prohibit prosecution for the possession of marijuana because the tax imposed prior to the prosecution served a punitive purpose.” Constitutional protections forbid an individual from being punished criminally twice for the same offense.
Since Barclay’s ruling was handed down, hundreds of activists and residents have applied and received tax stamps from the state of Arizona.
“Most cannabis dealers don’t even know their licenses are in jeopardy,” said Arizona NORML founder Bill Green, who noted that there was no media coverage regarding the tax stamp repeal.
Green announced that he will form a new political organization called Let the People Decide and intends to ask the Secretary of State for a referendum to bring the issue to a public vote. Activists could block the legislature’s recent change if they collect the necessary number of signatures by July to place the referendum on the November 1998 general election ballot.
“I have been a licensed cannabis dealer for three years and have been helping sick and dying patients obtain medical cannabis,” announced Green. “Whether legal or not, I plan on continuing. The legislature should justify their actions and cannabis should remain legal and taxed in Arizona.”
For more information, please contact either Bill Green of Arizona NORML at (602) 831-7003 or Allen St. Pierre of The NORML Foundation at (202) 483-8751. Copies of Judge Barclay’s November 1, 1996 decision are available upon request from The NORML Foundation. Further information regarding tax stamps may be found on the Arizona NORML website at: http://www.amug.org/~az4norml.