Mass. Medical Marijuana Opponents Win Challenge

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The state Supreme Judicial Court has ruled in favor of medical marijuana opponents who say the likely November ballot question on the issue is misleading.

Attorney General Martha Coakley and state Secretary William Galvin's offices must now re-write the "yes" section of the ballot question in light of Thursday's ruling by Associate Justice Robert J. Cordy. The re-written section must be submitted to the court for review.

Cordy, however, ruled against the opponents' request to modify the term "medical marijuana" saying other states have a legal standard for using it.

The Massachusetts Prevention Alliance filed a petition against the question in May that was dismissed by Coakley's office for not offering a valid way for the court to grant its request, such as by proposing another way to write the question.

Heidi Heilman, the group's president, said she would like the question to outline that under the proposal 35 marijuana dispensaries could be created in the first year, patients would be able to possess an undefined 60-day supply and some could grow marijuana in their homes.

Heilman said, as currently written, the question is vague and misinforms voters. She said she was "grateful on the ruling," but will continue to challenge the use of the term "medical marijuana," which she also sees as misleading because the drug is federally classified as having no medical value.

Representatives from the Committee for Compassionate Medicine, which proposed the ballot question, have previously disputed these claims, saying the ballot question clearly states what would happen under the proposed law.

Emalie Gainey, a spokeswoman for Coakley, said the office appreciates the justice's decision to ensure that the ballot question is "fair, neutral and informative for voters" and will continue working toward the "right result."

Under state law, more than 68,000 certified voters must sign an initial petition to place an issue on the November ballot, with not more than one-quarter of all the signatures coming from the same county. If the Legislature does not take up the issue, an additional 11,000-plus signatures are needed by June 19th to put it on the ballot.

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Source: boston.com
Author: Shannon Young
Contact: Boston.com contacts for website only - Boston.com
Website: Mass. medical marijuana opponents win challenge - Boston.com
 
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