Arizona marijuana legalization initiative will remain on the ballot: judge

A marijuana legalization initiative in Arizona has withstood a legal challenge that sought to remove it from the November ballot.

Maricopa County Superior Court Judge Jo Lynn Gentry on Friday dismissed a lawsuit challenging the legality of an Arizona ballot initiative that would legalize recreational marijuana use and establish a licensing and regulatory system that would allow shops to sell the drug.

Opponents, including the Arizona Chamber of Commerce and Industry and the Yavapai and Maricopa County attorneys, had argued that the supporters of the ballot initiative had deceived voters. They challenged the ballot initiative on the grounds that the 100-word petition summary didn’t adequately describe the changes and effects the initiative would have on state law and that circulars used to persuade Arizona voters to sign a petition to place the measure on the ballot were fraudulent and misleading.

Judge Gentry found that the 100-word summary complied with Arizona law and that the opponents were unable “to prepare a summary that would comply with the 100-word limit and with their objections.”

The Arizona initiative would allow adults age 21 and older to carry up to one ounce of marijuana and consume it privately as well as to cultivate up to six marijuana plants. It would also establish a regulatory scheme for the sale and taxation of marijuana.

The Campaign to Regulate Marijuana Like Alcohol, which is supporting Arizona’s Proposition 205, was pleased with the ruling.

“This was a frivolous and politically motivated lawsuit. If these county prosecutors dislike this ballot measure, they should take their arguments to the voters, not to our overburdened court system,” said campaign chairman J.P. Holyoak. “We hope they will accept the court’s ruling and return to waging legal battles against dangerous criminals rather than citizen initiatives.”

Arizona is one of five states where marijuana legalization initiatives will be on the ballot this November. California, Nevada, Massachusetts and Maine will also ask voters whether they want to legalize recreational marijuana use.

Combined with medical marijuana measures, a total of nine states will have marijuana initiatives on the ballot this fall. Residents in Florida, Arkansas and North Dakota will vote on starting full-fledged medical marijuana programs, and Montana voters will decide whether to loosen restrictions on their state’s existing program.

Meanwhile voters in Missouri, Michigan and Oklahoma could see medical marijuana initiatives on the Nov. 8 ballots if supporters produce enough petition signatures. Initiative supporters in Missouri and Michigan are embroiled in court battles over signatures that were thrown out and left them short of the thresholds required. Officials in Oklahoma are still counting signatures.