” I have often advocated using all legal means to defeat pot initiatives before they reach the ballot. In addition to bogus signatures that should be invalidated, petitions used to gather signatures are often filled with outright lies that can and should be challenged. Because false statements are intended to influence a person’s decision to sign a petition, it can be argued that the signatures are fraudulently obtained.
The Idaho pot petition included false statements regarding the position of at least one national medical association (claiming that it was in favor of legalization). When this lie was exposed, New Approach Idaho was forced to withdraw their petition. Consequently, Idaho will not face pot legalization on the November ballot (or endure months of pro-pot propaganda).
The primary website for New Approach Idaho is currently dead, and their other website does not acknowledge the withdrawal of the petition.
Defeating a marijuana initiative after a political battle is great, but there are other ways to win. States should carefully analyze petitions and expose obvious misrepresentations during the signature gathering process. A similar analysis should be considered even after an initiative has been approved for the ballot. There are other legal challenges that can be made, including challenges to ballot summaries that are deceptive.
Many thanks to Idaho officials who identified this issue and did something about it. Details regarding the sequence of events will be shared at a later time.
An article published today by CADCA gives a brief summary of what happened, along with an excellent quote by our director of state drug policy”. Monte Stiles
Here is the CADCA article.
Idaho Says ‘No’ to Marijuana for November Ballot
As marijuana legalization gains momentum across the country, more states are looking to let either lawmakers or voters decide on the drug on the 2016 ballot. At least 10 new states are expected to consider whether to legalize marijuana for some degree of use, but Idaho won’t be one of them.
A petition to legalize medical marijuana and decriminalize possessing up to three ounces of marijuana in Idaho for the November ballot has been withdrawn.
“The Idaho Office of Drug Policy is pleased that the initiative seeking to decriminalize three ounces of marijuana and legalize medical marijuana in Idaho has been withdrawn. We know marijuana use adversely affects the health and developing brains of children and adolescents and legalization increases access to this harmful drug, so today is a wonderful day for the health and safety of Idaho’s children,” said Elisha Figueroa, Administrator of the Idaho Office of Drug Policy.
You can read the original ballot initiative here. http://www.sos.idaho.gov/elect/inits/2016/init01.html
There are 23 states and the District of Columbia that have some form of legal marijuana use.
Recently, CADCA named Idaho’s Office of Drug Policy its 2016 Outstanding State Member because of its significant contributions to community-based drug prevention coalitions in their state and has helped support CADCA’s mission of creating safe, healthy and drug-free communities.
More information on what happened in Idaho:
New Approach Idaho filed a petition with the Idaho Secretary of State and began collecting signatures for the 2016 ballot.
Among other misrepresentations, their petition contained the following assertion:
“WHEREAS, numerous National organizations have endorsed medical access to Marijuana, including . . . the American Academy of Pediatrics . . .”
AAP was contacted about the claims made in the petition regarding its position on marijuana legalization.
On February 19th, AAP sent a “cease and desist” letter to New Approach Idaho board members Bill Esbensen and Dana Wilson which stated: “This language misrepresents the American Academy of Pediatrics policy statement. The AAP opposes legalization of marijuana because of the potential harms to children and adolescents.” They added, “We request that New Approach Idaho, Inc. cease using the American Academy of Pediatrics name in its existing ballot initiative materials immediately.”
New Approach is now claiming that it “misunderstood” the position of AAP, so it was an honest mistake.