Supreme Court Declines Case On Marijuana Decriminalization Measures Blocked From Local Ballots

Supreme Court Declines Case On Marijuana Decriminalization Measures Blocked From Local Ballots

The U.S. Supreme Court decline on Tuesday to hear a case challenging local Ohio officials’ refusal to place citizen initiatives to decriminalize marijuana on municipal ballots. The decision is the culmination of a two-year legal battle between cannabis reform advocates and the Portage County Board of Elections. In 2018, activists submitted ballot initiatives to decriminalize marijuana in Garrettsville and Windham, but the board determined that they could not appear before voters, arguing the proposals constituted administrative, rather than legislative, issues that are not appropriate for the ballot process. The activists took the matter to federal district court where they contended that state statutes allowing the board to reject the measures are unconstitutional, violating their First and Fourteenth Amendments. A judge agreed and issued a permanent injunction against the board and secretary of state against enforcing the statutes—but the victory was short-lived. Although the judge ordered the board to place the measures on the ballot, the U.S. Sixth Circuit Court of Appeals later reversed the district court’s ruling and vacated the permanent injunction. The federal appeals court agreed with defendants that state law allowing them to refuse to place the decriminalization measures on the ballot is their prerogative, as it deals with an administrative rule change in their view as opposed to a legislative matter. Further, the court said plaintiffs did have the right to seek a “judicially imposed remedy” through mandamus relief but chose to challenge the state statute itself. While the advocates hoped the Supreme Court would hear their…

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Source : MJ moment
Link to original : Supreme Court Declines Case On Marijuana Decriminalization Measures Blocked From Local Ballots
reposted by Cannabis News World

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