Katelyn Baker
Well-Known Member
The Arizona Chamber of Commerce and Industry has joined forces with leaders from across the state to stop a group that is trying to get a recreational marijuana initiative on the ballot this fall.
In a complaint filed in the Superior Court of Arizona, the plaintiffs allege that the circulars used to convince Arizona voters to sign a petition to get the measure on the ballot were fraudulent and misleading. A preliminary hearing is expected tomorrow.
But J.P. Holyoak, chairman for the Campaign to Regulate Marijuana Like Alcohol, said his opponents are willing to do and say anything to maintain the failed policy of marijuana prohibition.
"This lawsuit is simply a desperate attempt to deprive Arizona voters of the right to vote on this ballot question," Holyoak said. "Our opponents are going to great lengths to continue punishing adults for using a substance that is less harmful than alcohol. They are doing everything in their power to keep marijuana production and sales in an uncontrolled underground market. Cartels and gangs are probably quietly cheering them on right now, as they are the ones who would benefit most if this lawsuit is successful."
His campaign turned in 258,528 petition signatures to the Arizona Secretary of State, when only 150,642 were needed to qualify.
The lawsuit alleges that the initiative circulated to gain support from voters was circulated under false pretenses, and that it was incomplete and misleading; creating "a substantial danger of fraud, confusion and unfairness."
Yavapai County Attorney Sheila Polk, who also is a plaintiff and vice chair of the Arizonans for Responsible Drug Policy, said the 100-word petition summary doesn't adequately describe what's in the 20-page initiative.
The lawsuit also claims that the Arizona constitution requires that an initiative is supposed to establish a fund for its specific purpose and provide for an increased source of revenues sufficient to cover the entire immediate and future cost of the proposal.
But the recreational marijuana initiative only says that it will borrow money from the existing $14 million medical marijuana fund.
"Instead of providing for increased sources of revenue, it's taking an existing source of revenue and supports the transfer to pay for this new program," Polk said.
Joe Kanefield, a partner and election attorney for Ballard Spahr, said the plaintiffs appear to have an uphill battle.
Courts won't hear challenges to the substance of a proposed initiative until after an initiative passes, unless there's some fraud, confusion or unfairness that resulted from the proponents' efforts, Kanefield said.
"It's not clear to me they will be able to meet the burden," he said. "Arizona has a strong policy of supporting the people to exercise the initiative power."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Arizona Chamber Files Lawsuit Against Recreational Marijuana Backers
Author: Angela Gonzales
Contact: Phoenix Business Journal
Photo Credit: Jim Poulin
Website: Phoenix Business Journal
In a complaint filed in the Superior Court of Arizona, the plaintiffs allege that the circulars used to convince Arizona voters to sign a petition to get the measure on the ballot were fraudulent and misleading. A preliminary hearing is expected tomorrow.
But J.P. Holyoak, chairman for the Campaign to Regulate Marijuana Like Alcohol, said his opponents are willing to do and say anything to maintain the failed policy of marijuana prohibition.
"This lawsuit is simply a desperate attempt to deprive Arizona voters of the right to vote on this ballot question," Holyoak said. "Our opponents are going to great lengths to continue punishing adults for using a substance that is less harmful than alcohol. They are doing everything in their power to keep marijuana production and sales in an uncontrolled underground market. Cartels and gangs are probably quietly cheering them on right now, as they are the ones who would benefit most if this lawsuit is successful."
His campaign turned in 258,528 petition signatures to the Arizona Secretary of State, when only 150,642 were needed to qualify.
The lawsuit alleges that the initiative circulated to gain support from voters was circulated under false pretenses, and that it was incomplete and misleading; creating "a substantial danger of fraud, confusion and unfairness."
Yavapai County Attorney Sheila Polk, who also is a plaintiff and vice chair of the Arizonans for Responsible Drug Policy, said the 100-word petition summary doesn't adequately describe what's in the 20-page initiative.
The lawsuit also claims that the Arizona constitution requires that an initiative is supposed to establish a fund for its specific purpose and provide for an increased source of revenues sufficient to cover the entire immediate and future cost of the proposal.
But the recreational marijuana initiative only says that it will borrow money from the existing $14 million medical marijuana fund.
"Instead of providing for increased sources of revenue, it's taking an existing source of revenue and supports the transfer to pay for this new program," Polk said.
Joe Kanefield, a partner and election attorney for Ballard Spahr, said the plaintiffs appear to have an uphill battle.
Courts won't hear challenges to the substance of a proposed initiative until after an initiative passes, unless there's some fraud, confusion or unfairness that resulted from the proponents' efforts, Kanefield said.
"It's not clear to me they will be able to meet the burden," he said. "Arizona has a strong policy of supporting the people to exercise the initiative power."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Arizona Chamber Files Lawsuit Against Recreational Marijuana Backers
Author: Angela Gonzales
Contact: Phoenix Business Journal
Photo Credit: Jim Poulin
Website: Phoenix Business Journal
