Prop 205: How it Doesn’t Regulate Marijuana Like Alcohol

This week’s look at Prop 205 focuses on what the ballot measure doesn’t do: It doesn’t regulate marijuana like alcohol despite the much-repeated claims of the marijuana marketers.

We have already established that Prop 205 is not about medical marijuana. That is currently legal in Arizona. We also went over how it puts children in harms way, allows for marijuana impaired drivers, and we laid out the sobering facts from Colorado.

Another reason Arizona should reject Prop 205: It does NOT regulate marijuana like alcohol.

Under Prop 205:205_Road

  • There would be no set limit to marijuana use when driving. It states, “A person may not be penalized by this state for an action taken while under the influence of marijuana or a marijuana product solely because of the presence of [THC] … in the person’s body” (see proposed A.R.S. § 36-2860(B)). Right now for alcohol-impaired drivers, a driver violates Arizona law solely because his or her blood alcohol content is .08% or above. Due to 36-2860(B), Arizona would be prohibited from ever setting such a limit and would never be able to use the presence of marijuana in someone’s system to prosecute them for DUI by marijuana.
  • It creates a statutory right to use marijuana. There is no statutory right to drink alcohol. Making it a right creates a layer of protection. This means just the presence of marijuana in one’s system cannot be held against them.
  • Judges would not be able to consider marijuana use when making custody decisions (see proposed A.R.S. § 36-2860(D)). Nor could they deny custody or visitation because the parent grows marijuana at the residence. But officials can consider the use or abuse of alcohol when making the same decisions.
  • Employers would not be able to fire or penalize an employee solely for being under the influence of marijuana. But they can fire or penalize employees for coming to work with alcohol in their system (see proposed A.R.S. § 36-2860(A)(1)).
  • The marijuana regulatory board is largely made up of people in the marijuana industry, so they would police themselves (see proposed A.R.S. § 36-2853(C)). Alcohol has no such industry-protecting entity.
  • Violations come with minor penalties. The sale of marijuana to those under 21 and the use of fake identification to purchase it are reduced to small fines (see proposed A.R.S. § 36-2866).  The same violations regarding alcohol come with more serious penalties.

What You Can Do:

  • Share this email with your friends and family.
  • Spread the word by talking to anyone within your circles about how Prop 205 threatens and harms the well-being and safety of children.
  • Register to vote before the October 10 deadline. If you’re already registered, verify that your address and voter information are up-to-date and consider signing up for the Permanent Early Voter List to receive a ballot by mail at
  • Pray that Arizona voters will resoundingly reject Prop 205.
  • Watch each Friday for our Five Minutes for Families email pointing out another reason to Vote No on 205.
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