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Major Victory In Arizona's Plight to Legalize Recreational Weed

An Arizona judge dismissed a suit aimed to keep legal cannabis off the ballot this November.

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While Arizona’s drug warriors attempted to shutdown an initiative aimed at legalizing marijuana in the upcoming November election, a judge has determined that their case has absolutely no legs to stand on, having recently handed down a dismissal of the lawsuit

According to the ruling issued by Maricopa County Superior Court Judge Jo Lynn Gentry, opponents of Proposition 205, which was brought to the table by the folks at the Campaign to Regulate Marijuana Like Alcohol (CRMLA), cannot fight the group’s initiative due to a recently passed state law that prevents these types of lawsuits from being battled out in court. Judge Gentry said that none of the reasons given by the opposition could stop the initiative from moving forward because a 2015 statute approved by the Arizona Legislature, “wittingly or not,” eliminates the right of the average citizen to challenge ballot measures.

The lawsuit filed against the CRMLA insisted that organizers bamboozled the voting public during its signature collecting campaign because the 100-word summary did not properly explain what it meant to legalize a fully legal cannabis trade. However, Judge Gentry said in her decision that it would have been impossible for the group to address every issue in the 100-word limit. In the end, all of the arguments outlined in the lawsuit brought forth by Yavapai County Attorney Sheila Polk and Maricopa County Attorney Bill Montgomery were rejected.

Supporters of Proposition 205 said they hope state officials will be able to swallow the court’s decision and “focus on fighting serious crimes instead of citizen initiatives."

“We are pleased with the court’s ruling and that Arizona voters will be able to exercise their right to vote on Proposition 205,” CRMLA Campaign Chairman J.P. Holyoak told MERRY JANE in a statement. “This was a frivolous and politically motivated lawsuit. If these county prosecutors dislike this ballot measure, they should take their arguments to the voters, not to our overburdened court system. We hope they will accept the court’s ruling and return to waging legal battles against dangerous criminals rather than citizen initiatives.”

If voters approve Proposition 205 this November, it would establish a legal cannabis market similar to what is currently underway in Colorado. Adults 21 and over would be allowed to purchase weed in retail dispensaries and be given the freedom to cultivate up to six plants for personal use.

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