Arizona county judge tosses lawsuit targeting rec MJ initiative

A Maricopa County Superior Court judge has thrown out a lawsuit aimed at keeping a recreational marijuana legalization initiative off the Arizona ballot this November.

The plaintiffs behind the suit promised to appeal their case to the Arizona Supreme Court, the Eastern Arizona Courier reported, signaling the legal battle over recreational legalization isn’t over.

Seth Leibsohn, chairman for Arizonans for Responsible Drug Policy, which is behind the suit, said the legalization initiative “perpetrates a fraud on the electorate.”

But J.P. Holyoak, chairman of the Campaign to Regulate Marijuana Like Alcohol Campaign – which is behind Proposition 205 – called the lawsuit “frivolous and politically motivated.”

The initiative qualified for the Arizona ballot on August 10 after supporters submitted the requisite number of signatures to the secretary of state’s office.

The measure faces an uphill battle. Proposition 205 hasn’t been polling well over the summer, and a cannabis consumer group that’s dedicated to defeating the initiative is also promising to do everything it can to fight the measure so it can return in 2018 with a different version of legalization.

One comment on “Arizona county judge tosses lawsuit targeting rec MJ initiative
  1. Robert Hempaz, Phd Trichometry on

    “I can’t go for that, Nooooooo can do!”~ Hall n Oates. What counsel Herrera for the Arizona #RecMj (Prop 205) initiative argued in court on Friday “es verdad”.

    A petition placed in front of the voters is no different than a bill that is crafted by the state legislators, then submitted to a committee, and ultimately voted on.

    Rule. Arizona being born a petition state allows the electorate to submit petitions to the voters.

    That’s how the state’s original enablers intended it to be … In order to allow the voters the right to approve popular measures that the legislature is too chicken, or too obstinant to approve themselves!

    Clearly, this is a State of Arizona constitutional law issue and the prohibitionists are simply trying to pull a pre-emptive strike-stunt prior to Nov 8th … Instead of AFTER the votes are counted like in #2010 when then Gov Brewer and then AG Horne led the prohibitionist charge AFTER the voters of Az unexpectedly voted “Yes” for #MedMj by a simple majority.

    Pure hogwash. There is no legal basis for the Prohibitionist petition and the Prohibitionists should be summarily dismissed w sanctions against the Prohibitionists for entering a frivolous lawsuit and for engaging the court’s time and resources without just merit.

    And, for all of you “fixers” out there note the judge presiding at this level had the 2nd highest number of performance “dings” in the latest June tally published by the Arizona Committee on Judicial Performance.

    If the Judge does not dismiss this frivolous claim, then the lawyers for the initiative will file an appeal w the “higher” court and show the appellate panel of judges exactly where the judge below was in error. C=> https://arizonadailyindependent.com/2016/06/28/arizona-commission-on-judicial-performance-review-find-cornelio-gentry-do-not-meet-standards/

    Reply

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