“The Utah Patients Coalition said in court documents they’ve put substantial time and money into the complicated process of gathering signatures to make the ballot and should be able to defend their initiative in court.”
Further, we’re not sure how vigorously the Lt. Gov. intends to fight the suit.
Technically, he’s the one being sued. So losing would reverse his own certification of the initiative for signature gathering and constitutionality (if enacted), and leave a court finding that he acted improperly.
Ergo, Lt. Gov. Cox, we know you’re not a fan of this initiative, but we hope you intend to stand up for yourself, your office’s good name – and for the law.
“‘While our opponents want to debate in the courtroom with a single judge deciding the fate of medical cannabis, we look forward to an active debate in the court of public opinion where all Utahns can have a say,’ #UPC director DJ Schanz said in a statement.
A hearing isn’t expected until the state decides whether the measure has made the ballot [which the article calls likely].”
…But here’s the best part. Really…
“[#DSU] alleges that the prospect of UTAH legalizing medicinal marijuana would be illegal since the drug remains outlawed at the FEDERAL level.
‘It requires state employees to essentially violate federal law [by cooperating] with people violating federal laws in selling medical marijuana,’ said Blake Ostler, a DSU lawyer. ‘That in and of itself is a crime called aiding and abetting.’
Hmmm… …Let’s think about that, Counselor….
As in how about the UT Legislature who passed Rep. Daw’s HB195 (“the right to try if you promise to die” law) and HB197 (putting the state into the growing and dispensary businesses), the governor who signed the bills – and those working on implementation??
Those state laws – as lame and inadequate as they are – violate the same federal statutes!
Logically then, legislators, civil servants and the gov are EQUALLY “federal scofflaws,” and the laws they passed can’t be state laws.
But… …we didn’t notice DSU suing THEM. Did you???
That is, “this, in and of itself is a travesty called a ridiculous, specious, last ditch argument.”
Here’s a more rational point, though….
“‘If they go to court, opponents are likely to face tough odds,’ said Vanderbilt law professor Robert Mikos.
‘It’s a big stretch to say a gov’t official is complicit in the crime of private parties when they simply let those parties violate federal law.’
Mikos said the Supreme Court’s ruling last week allowing states to legalize betting on sports confirmed a broader theory that also applies here.
‘The state can’t block the gov’t from enforcing its ban, but at the same time a state has no obligation to criminalize this behavior just because it’s illegal under federal law,’ he said.”
And that’s the truth.
#MMJ #UTPol #Suit #TRUCE
See full article – Medical marijuana supporters push back in court