Organizers behind the Humboldt Cannabis Reform Initiative gather signatures at the 2022 Humboldt County Fair. | File photo.

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The fate of Measure A, aka the Humboldt Cannabis Reform Initiative, will be decided at the ballot box.

On Wednesday a Humboldt County Superior Court judge denied a petition aimed at getting the controversial ballot measure removed from the March 5 primary election ballot.

Petitioners, including the Humboldt County Growers Alliance (HCGA) and seven local cannabis farmers, argued that the backers of Measure A misled the public during their signature-gathering campaign by falsely claiming it would only impact large-scale growers and by failing to provide signatories with the “full text” of the provisions that the initiative would enact.

In his brief ruling, which you can access below, Judge Timothy Canning rejected those arguments, concluding, in part, that, “Unless it is clear that a proposed initiative or ballot proposition is unconstitutional, the courts should not interfere with the right of the people to vote on initiatives.”

He also found that there was insufficient evidence to prove that the initiative is deliberately deceptive.

“Opinions may (and do) differ as to whether Measure A effects only large scale grows or whether it effects smaller farms as well, and whether Measure A is or is not good policy for Humboldt County,” Canning writes. “However, there is insufficient evidence that the language of Measure A is deliberately false or misleading.”

Citing as precedent the 1999 case of San Francisco Forty-Niners v. Nishioka, Canning continues:

To be clear, the Court makes no findings on the merits of Measure A, as that is for the voters to decide. But the Court does find that there is an insufficient showing of objectively and deliberately untrue facts or statements in Measure A such that this Court should prevent Humboldt County voters from deciding whether or not to adopt it.

Betsy Watson, one of the two primary sponsors of Measure A, released a statement today, saying, “We’re gratified that the court saw through the growers’ attempt to deprive the people of their right to vote on Measure A.”

Watson said the thousands of voters who signed petitions forthe “Humboldt Cannabis Reform Initiative” were neither ignorant nor misled.

“People may disagree about whether Measure A is the right thing for Humboldt County,” she said, “But it’s time to move past the lawsuits and personal attacks. The people have a right to decide.”

Reached for comment, Natalynne DeLapp, executive director of the Humboldt County Growers Alliance said, “While we are disappointed with the ruling, we believe voters will conclusively reject the misleading tactics being used to sell Measure A. We join with local environmental groups, law enforcement agencies, small businesses & farmers, and political leaders in asking the public to vote NO on Measure A in March.”

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DOCUMENT: Ruling, Order and Judgment, John Lee Casali, et al. v. Juan P. Cervantes, et al.