Injunction Denied in Suits to Remove Commercial Marijuana Ban from Borough Ballot

A state judge has ruled that a ballot initiative to ban commercial marijuana in the unincorporated areas of the Mat-Su Borough will be allowed to appear on the borough ballot next Tuesday.

The initiative in question is Proposition B-1. If passed, it would mean that the City of Houston would be the only place in the borough that allows commercial marijuana. Wasilla and Palmer both voted to ban commercial cannabis. Voters in all three cities will be allowed to weigh in on Proposition B-1 next week.

Earlier this month, two lawsuits were filed seeking to disallow the initiative. The plaintiffs asked for an expedited hearing when filing their suits on September 2^nd, citing the fact that the borough election was just over a month away. The two suits claim that placing a prohibition on commercial marijuana on the borough ballot violates the rules for zoning ordinances, since zoning ordinances are to be determined by the Mat-Su Borough Assembly, and have a formal process. The lawsuits ask that the measure be removed from next Tuesday’s ballot.

Judge David Zwink consolidated the two lawsuits, and ruled last week that there would not be an expedited hearing. Zwink says that absentee voting had already begun, and voters have already received information on the election, including sample ballots including the commercial cannabis ban.

Judge Zwink denied the request for an expedited hearing, and is holding the lawsuits until after the results of the election.