In November, Arizona voters overwhelmingly approved Proposition 207, which legalized the recreational use of marijuana in the state.
The measure was generally opposed by most law enforcement leaders throughout the state — the Arizona Sheriffs Association and the Arizona State Troopers Association both formally opposed the measure.
But since recreational sales began in late January, law enforcement has had to get used to the new normal of the formerly illicit substance being available for relatively easy purchase and legal use by adults.
“We recently met with Juvenile Probation managers to solidify the process in handling posses- sion of marijuana by juveniles,” Cottonwood Police Chief Steve Gesell wrote in an email. “It’s treated much the same way other status offenses have been adjudicated, such as possession of alcohol.”
Perhaps the biggest policy change for some local law enforcement agencies relates to the use of K-9 drug sniffing dogs. Dogs trained to detect marijuana had to be retired because they could falsely alert to the now-legal drug instead of illegal substances like cocaine, heroin or methamphetamine.
“Most police canines had to be retired when the referendum became law as the majority were trained to detect the odor of marijuana,” Gesell wrote. “Retention of these dogs creates 4th Amendment and tangential liability concerns. For that reason, we retired a very productive canine.”
Kratos, a drug sniffing dog used by the Cottonwood PD for the past four years, was formally retired and given to his former handler Commander Chris Dowell in early February.
This past week, a 2- year-old Belgian Malinois named Otto completed his National Police Canine Association Narcotics and Patrol certifications, becoming the CPD’s new marijuana-free drug-sniffing dog.
After Proposition 207 was passed, Camp Verde Marshal Corey Rowley joined others urging the Camp Verde Town Council to ban the sale of recreational marijuana within town limits, which the council did at a meeting on Dec. 16.
“I think it’s ludicrous that we prostitute the health and safety of our kids for a sales tax. I think that’s crazy,” Rowley told the council at a November meeting. “If that’s the reason for bringing it here, is to get money for sales tax, we need to be doing something different.”
Rowley argued that marijuana legalization is a “slippery slope” that could lead to the legalization of other hard drugs, and expressed concerns about juveniles using the drug.
“I truly believe this will curb direct increased avail- ability to youth, yet it is still in our community among our youth in the schools, especially with the use of ever-popular vape pens making their way here that are tied to retail establishments, yet not on a level it would be had the town not passed the ordinance forbidding retail establishments,” Rowley wrote in an email.
So far, there is some evidence of increased use of marijuana among juveniles as a result of the change, according to local law enforcement.
“We have also noticed an increase in juveniles using and possession marijuana,” CVMO Lt. Dan Jacobs wrote in an email. “Now that it is easier than ever for kids to have access to this drug, and with the relaxed regulations and acceptance, they feel that it is OK for them to possess and use it.”
In the first two months since recreational sales began in late January, there has not been any clear evidence of an increase in driving under the influence crimes related to marijuana legalization. The CVMO has seen an increase in DUIs in the area, with 10 since the beginning of the year, but nine of those have been alcohol, with just one related to marijuana.
Gesell said that although the CPD has not yet seen a significant increase in marijuana-related traffic accidents, he expects that the state will inevitably see a similar increase to Colorado, which had a heavy increase in drug- related traffic deaths in the years shortly after legalizing recreation marijuana.
Law enforcement leaders pointed to the threat of harder drugs such as methamphetamine, fentanyl and other opioids as being a top priority in the area, and suggested that marijuana could act as a gateway drug leading to use of more dangerous drugs later on.
“Though opioids are much more of an immediate health risk than marijuana and marijuana derivatives, many certainly maintain a valid concern that legalization puts additional hurdles in front of our kids’ ability to lead healthy, happy and productive lives in what is already a complicated and challenging world,” Gesell wrote. “It certainly has the potential to normalize drug use and pave a pathway to more dangerous drugs like fentanyl.”
The gateway drug theory of marijuana use causing increased use of stronger substances has faced controversy in recent years.
A July 2020 research report by the National Institute on Drug Abuse assessing the conclusions of the latest studies on the issue found evidence of cannabis’ influence on individuals’ use of harder drugs — marijuana use correlates highly with use of harder drugs, and there is evidence that the drug’s effect on brain chemistry leads to higher susceptibility to other substances. However, the report also stated that “the majority of people who use marijuana do not go on to use other, ‘harder’ substances,” and suggested that other factors such as social environment are likely affecting the potential for individuals to use harder drugs as well.
