An attorney for the group behind legalizing marijuana in Arizona told a judge Friday that she didn't have the power to knock the pot initiative off the November ballot.
The exchange came during a hearing in Maricopa County Superior Court on a challenge to Prop 205, one day after it was certified for the November ballot.
Brett Johnson, a lawyer for the initiative's leading opponent, Arizonans for Responsible Drug Policy, said the 100-word summary of Proposition 205, required under state law, was fraudulent and misleading.
-A 15 percent tax covers more than just marijuana sales
-DUIs for marijuana users are written out of state law
-Workplaces might have a harder time staying drug-free
"I think every single sentence, every single provision of the 100 words has a fault in it," said Seth Leibsohn, a conservative radio talk show host and chairman of ARDP.
Attorney Roy Herrera, representing the Campaign to Regulate Marijuana Like Alcohol, said even if the summary were fraudulent, Judge Jo Lynn Gentry wouldn't have the authority to strike down Prop 205.
"It is not fraudulent, it's not misleading, it's not confusing," Herrera said. "It is really up to the voters to decide whether the statute is too overreaching for them or too confusing for them."
Judge Gentry said she would rule next week on whether to block the initiative or throw out the challenge.
Whatever she does, an appeal is likely, which could drag the lawsuit close to the Sept. 1 deadline for printing ballots for the November election.