Judge tosses lawsuit targeting Missouri recreational marijuana question

JEFFERSON CITY — A Cole County judge on Friday dismissed a lawsuit that sought to remove a recreational marijuana measure from the Nov. 8 ballot.

If approved by voters, the proposed constitutional amendment would allow people ages 21 and older to buy and grow marijuana for personal consumption.

Jefferson City resident Joy Sweeney sued last month after Secretary of State Jay Ashcroft certified the initiative petition for the ballot despite initial results from counties showing canvassers had failed to collect enough valid signatures in the 6th and 7th congressional districts.

Attorneys for Sweeney, who works for the Community Anti-Drugs Coalition of America, argued Ashcroft’s unusual review of signatures following contact with the Legal Missouri 2022 campaign was outside the bounds of state law.

Cole County Circuit Judge Cotton Walker dismissed the case, saying Sweeney didn’t have standing to sue after attorneys for Ashcroft and Legal Missouri questioned her residency at trial on Thursday.

Walker went on to say that Ashcroft acted within his authority when his office reviewed petitions and validated signatures of registered voters that county officials had invalidated.

“The Secretary retains the ultimate authority as to whether the petition is sufficient,” Walker said.

“Regardless of whether you’re for or against the issue,” Ashcroft said in a statement after the ruling, “my office responded efficiently and appropriately to the thousands of signatures turned in.

“We did the right thing in certifying this measure to the ballot within the bounds of the constitution and the laws passed by the General Assembly,” he said. “We followed the law — we did everything right.”

Walker also dismissed arguments by Sweeney’s attorneys that the 39-page petition, which also contains expungement provisions, ran afoul of the state constitution by containing too many subjects.

Luke Niforatos, CEO of anti-drug group Protect Our Kids, which supported the lawsuit, said the group was “extremely disappointed” in Walker and had already submitted a motion to appeal the judgment Friday.

Niforatos also said the secretary of state’s office “slow-walked” the release of information that would’ve allowed opponents to examine the petitions for invalid signatures.

John Payne, campaign manager for Legal Missouri, said the decision brought Missouri closer to joining the 19 other states where adult-use marijuana is currently legal.

“We are thrilled that Missourians will have the opportunity to pass Amendment 3 in November, which will allow law enforcement to better focus on violent crime, while bringing millions in new revenue to Missouri,” he said in an email.

The question appears on the ballot as Amendment 3.

In addition to drawing opposition from anti-drug advocates, some proponents of marijuana legalization have criticized the constitutional amendment for containing certain marijuana penalties and limits on cannabis business licenses.