AZ: Lawyer For Marijuana Initiative Tells Judge She Can’t Block It

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An attorney for the group seeking to legalize recreational use of marijuana told a judge this afternoon she can’t keep the measure off the ballot even if she believes it is confusing or fraudulent.

Roy Herrera is not conceding that the 9,900-word initiative is either.

He also said that Arizona voters are smart enough to be able to read the measure for themselves – and reject it.
But he told Maricopa County Superior Court Judge Jo Lynn Gentry that her power to decide a not-yet-enacted voter-crafted proposal is flawed – that she could no more block a vote than tell lawmakers a bill they are considering is not fit for a final vote.

That suggestion of the limit on her power clearly bothered Gentry.

“There’s something wrong with our system, then,’’ she said.

“Maybe so, your honor,’’ Herrera responded. “But that is the state of the law.’’

Attorney Brett Johnson, representing groups trying to keep Proposition 205 from ever getting to voters, had a different take.

He said the court has a duty “to protect the electorate against logrolling, against fraud and misleading and confusing text.’’ And Johnson told Gentry the initiative is rife with such provisions that make the initiative unfit for inclusion on the November ballot.

Gentry said she will rule on the challenge to the measure next week.

But no matter what she says, it is unlikely to be the last word: Whichever side loses is virtually certain to seek state Supreme Court review.

News Moderator: Katelyn Baker
Full Article: Lawyer For Marijuana Initiative Tells Judge She Can’t Block It
Author: Howard Fischer
Contact: (602) 258-7026
Photo Credit: None Found
Website: Arizona Capitol Times