After the bill was signed by the Governor, opponents circulated a referendum petition and obtained the requisite number of signatures to place the bill on the ballot as a referred measure. The referendum petition was filed with the Secretary of State, and the Attorney General then prepared a draft ballot title. No' vote retains statute making possession of less than one ounce of marijuana a violation. Measure makes possession of less than one ounce of marijuana a Class C misdemeanor, punishable by up to 30 days imprisonment, plus 500 to 1000 dollar fine. Measure also makes failure to complete diversion agreement ground for six-month suspension of offender's driving privileges.
Petitioners raise two challenges to the certified caption.
Second, petitioners contend that the caption clearly should convey that the measure recriminalizes the act of possessing less than one ounce of marijuana. In petitioners' view, a lay person might not understand that reclassification as a Class C misdemeanor means that the offense will be a crime and thus will be more serious than the present treatment of that offense. The proposed measure would make possession of less than one ounce of marijuana a Class C misdemeanor. The Attorney General's caption specifically conveys that criminal classification to the voters, thereby identifying the subject matter of the measure. We reject petitioners' challenge to the summary for the reasons already stated.