Taking it to court: Judge to hear challenge of Arizona marijuana legalization initiative
PHOENIX An attorney defending from a court challenge an Arizona citizens initiative that would legalize recreational marijuana is calling the attempt to keep the proposal off the ballot a Hail Mary effort by opponents of legal pot.
Attorney Kory Langhofer said Tuesday that the lawsuit filed by 13 individuals and groups including Maricopa County Attorney Bill Montgomery and Yavapai County Attorney Sheila Polk is likely to fail because opponents are on thin legal ground.
Im very bullish on this lawsuit, Langhofer said. The bottom line here is the opponents of this initiative have to make a Hail Mary pass to keep it off the ballot because voters are pretty likely to support this initiative if they ever get a chance to express that.
Langhofers comments came after a Maricopa County Superior Court judge set a schedule for the filing of legal briefs and set an Aug. 12 date to hear oral arguments.
Opponents of the initiative filed by a group called the Campaign to Regulate Marijuana Like Alcohol argue in their lawsuit that the 100-word explanation on petition sheets doesnt fully explain the effects of the proposed legalization and that it doesnt contain a legal funding mechanism.
This is about the integrity of the initiative process, Polk said. And theres certain constitutional provisions and certain statutes that provide the framework that are focused on making sure voters understand what they are signing and understand what they are ultimately voting on. And if you dont abide by those rules then you harm the integrity of the process.
Under the measure, adults age 21 and older could carry up to one ounce of marijuana and consume it privately. Adults could also cultivate up to six marijuana plants in an enclosed space and possess the marijuana produced by the plants. No more than a dozen plants total would be allowed in a single residence.
The system would regulate pot like alcohol, with a 15 percent tax imposed on all retail marijuana sales. Most of the revenue from that tax would go to Arizona schools and education programs.
Polk and other opponent argue that the summary doesnt adequately explain all the effects of the measure, including its effect on laws regulating driving while impaired. That means the approximately 250,000 people who signed petitions seeking to put the measure on the November ballot werent given enough information to understand all its consequences.
Election officials still are verifying whether the Campaign to Regulate Marijuana Like Alcohol submitted the 150,000 valid signatures needed to qualify for the ballot.
Langhofer calls ...
