Kay Smythe - Santa Monica



Saturday, March 16

Arizona Is Being Sued By The Marijuana Legalization Campaign


The campaign to legalize marijuana in the state of Arizona is suing officials for the language in the November ballot.

Maricopa County Superior Court has been asked by the Campaign to Regulate Marijuana Like Alcohol to remove the state official’s description of Proposition 205 from the voter publicity pamphlet. This came just days before the September 1st deadline to finalize the language in the pamphlet, which is used to inform voters on the details of Proposition 205.

The Prop. asks voters to legalize cannabis for recreational use, establishing a similar system to that in Colorado. Licensed shops would be taxed on the sale of marijuana, and would allow adult over the age of 21 to carry an ounce of cannabis. Individuals would also be allowed to cultivate up to six plants in their homes.

The complaint reads as follows:

“The publication of a publicity pamphlet and general election ballot containing false and misleading information will irreparably injure the Plaintiffs and all Arizona voters,”

There Are Three Key Areas In Which The Pamphlet Misleads The Voter

These are:

1. The draft language, according to the complaint, states that people “over 21 years old” can use, carry, manufacture, give away or transport marijuana covered under the initiative. “… but Proposition 205, in fact allows such conduct by individuals who are 21 years old — i.e., one year younger than indicated in the defendants’ draft ballot language” to do so. 
2. The campaign asserts the description inaccurately portrays how offenses will be handled under the proposed law, including recreational use in public. 
3. The campaign is critical of the lack of a description of how tax revenue collected from marijuana sales would be spent. “The description states that Proposition 205 would ‘levy a 15% tax on all marijuana and marijuana products’ — but misleadingly conceals from voters the required uses of the new revenues,” the complaint states.

The pro-legalization campaign argues that the voters are entitled to know how the tax revenue would be spent. Retail sales would be allocated to education, including all-day kindergarten, K-12 schools, and public health.

Secretary of State Michele Reagan is at the forefront of the legal battle, with the pro-legalization campaign suing her over the ballot description that suggests 21-year-olds will not be eligible to exploit Prop. 205, which they are.

The case will be decided later today, but the vote will remain on the ballot in November regardless.

THIS ARTICLE WAS ORIGINALLY PUBLISHED IN Liberal America in 2016. To read in full, click here:

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