Arizona Attorney General Mark Brnovich has issued a formal legal opinion saying public officials can use their offices and resources to "educate" voters on why they believe marijuana should not be made legal.
The question to Brnovich came from Yavapai County Attorney Sheila Polk. She is spearheading efforts to kill an initiative drive to allow the recreational use of marijuana.
Polk has formed a political action committee to collect private donations to put out that message. But her concern was about what else she can do in her official position.
"If I'm doing a presentation on marijuana's harm, I will always get a question about legalization. This says I can answer that question. I can talk to them about what I see coming out of Colorado as a result of legalization," said Polk. "I can talk to them about what I see as the impact in Arizona if marijuana is legalized."
Brnovich said Polk and others using public resources need not present a balanced approach in their education efforts.
But Ryan Hurley, the attorney for the Marijuana Policy Project of Arizona, said he believes Polk — or any other official — would be breaking the law by saying on the public dime that the drug should not be legalized.
"I think if they say marijuana legalization specifically would be bad, that's advocating a position on the initiative. If they want to say in their opinion that marijuana might be harmful to society, maybe that's something that they can do," Hurley said.
The measure would treat marijuana like alcohol, making it legal for anyone 21 and older and subject to state luxury taxes.
Backers need more than 150,000 valid signatures on petitions by July 2016 to get it on the general election ballot that year.