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A scale holding marijuana at weGrow. (Cronkite News Service Photo by Laura Monte)

PHOENIX - A lawmaker wants to have another statewide vote on whether Arizonans really want medical marijuana.

"No law should last forever, and if new facts come up, all laws should be reevaluated," said Rep. John Kavanagh, R-Fountain Hills. "There's good cause to believe the support no longer exists and people should be able to express that."

Kavanagh has introduced a resolution that would create a 2014 referendum on whether to rescind the Arizona Medical Marijuana Act, which passed by 4,000 votes in 2010.

He said the measure stems from an Arizona Department of Health Services breakdown of medical marijuana cardholders that showed nearly 90 percent of the 34,000 Arizonans in the program cited severe and chronic pain. Less than 5 percent attributed their uses of medical marijuana to ease cancer and glaucoma symptoms.

Kavanagh said "vague, ill-defined, impossible-to-disprove" complaints of chronic pain suggest abuse.

"This is what critics feared: that it would be abused by people saying they had a bad back, and that's apparently what we've gotten," he said.

Kavanagh also pointed to a report by the Arizona Criminal Justice Commission saying some youths reported obtaining marijuana from cardholders.

Some supporters of medical marijuana said critics are failing to acknowledge another finding in that report: Overall marijuana use in Arizona has decreased since the program has been in place.

Sunny Singh, the owner of weGrow, a company that sells supplies to cultivators and certifies patients, said Kavanagh's legislation would jeopardize businesses and people statewide who spent a lot of money to get into the industry.

He said the program and his business have filled a much-needed void in the state.

"Everyone's going to think of the stereotypical person who uses marijuana - you know, the dreadlocks and the reggae music," he said. "We see a lot of patients, people who really use it as a medicine, people who are tired of taking painkillers and other pills that just do more damage to the body."

Morgan Fox, communications manager for the Washington, D.C.-based Marijuana Policy Project, said those who prefer medical marijuana should be helped and not forced to take addictive painkillers.

"All those patients would be forced to go without medicine or risk arrest, along with other problems," he said.

Three-quarters of money raised in support of Proposition 203, which created the law, came from the Marijuana Policy Project.

"The people of Arizona have spoken in regards to this issue," Fox said. "It is irresponsible and a waste of time for others to try to interfere with that and assume the voters didn't know what they were doing."

Still, the program has garnered little support from Arizona leaders. Five county sheriffs, 11 county attorneys and both U.S. Sens. John McCain and Jon Kyl, R-Ariz., opposed Proposition 203.

Kavanagh said the 2010 vote margin shows that his proposal has a good chance of passing if it makes the ballot.

"I just need a little over 2,000 people to change their minds because the margin was so slim," Kavanagh said. "If that few people change their minds, the program goes away."

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  • Abuse
    Dennyaz wrote...
    Vote Kavanagh out!
    He should initiate a ballot to legalize mj for recreational use like Washington and Colorado. We are wasting time and money locking up mj users. Imagine what our state could do with the revenue created, and the money saved trying to fight something that will never be won!! I ask all residents of Fountain hills to vote Mr. Kavanagh out of office!!
  • Abuse
    wrote...
    All in favor for repeal
    I did not vote for this crap the first time and I will all I can to make sure it is repealed. At any dispensory you will find those who just purchased pot selling it not 100 yards away - pure profit.
  • Abuse
    Dennyaz wrote...
    Legalize it
    Vote Kavanagh out of office. This could create alot of revenue for our state!!
  • Abuse
    AJOAZ2 wrote...
    doing til they get their way
    is this what our elected political heros are all about (sorry Mac) - the people say one thing, politicos disagree - let's vote again - your tax dollars at work ...we wonder why the FEDS think they know what's best for us instead of being our reps - - - we let them get away with at the local levels!
  • Abuse
    picciuto wrote...
    59% of Arizonans support Medical Marijuana
    I don't know where is Mr.Kavanagh is getting his information but a recent poll just came out a few days ago and it says 59% of all Arizonans support medical marijuana. Putting this back in the ballot would be a blatant attempt to undermine the voice of the people and a waste of resources to say the least. Grow a pair and stick to what your people want you to do, not what you want for the people.
  • Abuse
    BearDownMan wrote...
    Wow, Kavanaugh is a smart guy!
    "No law should last forever, and if new facts come up, all laws should be reevaluated..." Can we vote to repeal SB1070 then?
  • Abuse
    Dean Becker wrote...
    Politicians in Support of Eternal Madness
    Anybody, law enforcement, congressman, judge or expert of any kind who believes in waging the drug war does not believe in public safety. Rather than dismembering the cartels and eliminating the reason for existance of thousands of violent US drug gangs selling contaminated drugs to our children, "drug warrors" believe in funding international, ever lasting, money laundering, prison filling, death ensuring, corrupting and outright madness of drug prohibition.
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