The Montana Supreme Court on Wednesday dismissed a lawsuit to invalidate the marijuana legalization initiative that will appear on the state’s November ballot papers.
A few weeks before the election, opponents petitioned the court to overturn the measure, arguing that because it is related to the allocation of funds, it violates state law on citizens’ initiatives.
The court did not consider the merits of the complaint; rather, he said that the Wrong for Montana (WFM) petitioners failed to demonstrate “urgency or emergency factors” that would justify bringing the case to his jurisdiction instead of going through court and appellate court first.
This enabled opponents to rise to the challenge through the traditional process. Brian Thompson, an attorney representing the plaintiffs, told the source that they now intend to file a lawsuit in the district court “soon,” but he was unable to provide an exact timeline.
“We do not express an opinion either on the merits of the constitutional objection of the WFM, or on its right to file a claim in the district court,” the judges wrote. “However, the WFM’s claim does not constitute an appropriate basis for referencing the original jurisdiction of this court. Even so, the WFM was completely unable to establish that the factors of urgency or emergency make the trial in the first instance courts and the normal appeal process inadequate. ”