On Friday, a judge sent out a legal objection to a measure that was going to allow the people of Arizona to vote on whether or not they would like to legalize recreational cannabis. The decision by Maricopa County Superior Court Judge Jo Lynn Gentry dismissing the objection is likely to be appealed by those against the initiative straight to the Arizona Supreme Court. Gentry decided that those against Proposition 205 are not allowed to go against the initiative because of changes to the law in 2015 restricting such lawsuits. She stated that the Legislature got rid of a part of a law giving people the ability to sue against the legality of ballot measures.
In the event that that interpretation is rejected by Arizona’s Supreme Court, Gentry continued to dismiss all of the reasons that those against the initiative argued to take it off of the ballot. The main reason presented was that the main description that people were going to see when voting left out some important information. For example, the hundred-word legal description did not say anything about DUI laws, child custody issues, or employment law among many other things. In Gentry’s decision, she said that there was “no ability to prepare a summary that would comply with the 100-word limit and with their objections.”
The biggest antagonist of the measure is a group called Arizonans for Responsible Drug Policy that consists of two prominent county attorneys as well as the Arizona Chamber of Commerce among others. The group stated that the measure also neglected to include a revenue source to set up a new regulatory agency the Act envisions and that the title of the law was ambiguous. Gentry opposed those arguments as well. Under the initiative, adults aged 21 or older could carry up to one ounce of marijuana and consume it in their own homes.
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