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Arizona County Gives RICO Funds to Anti-Pot Campaigners in Legally Ambiguous Move

The state's attorney general drafted a formal opinion supporting the use of public funds for "educational" efforts on political issues, but withdrew his opinion after public outcry.
Photo by Ted S. Warren/AP

A local Arizona county is using money seized in anti-racketeering operations to fund anti-marijuana "education" campaigning ahead of a planned ballot initiative to push a statewide vote on legalization next year.

Yavapai County's Partners Against Narcotics Trafficking (PANT), a multi-agency drug enforcement task force, donated $50,000 in funds that were forfeited under the federal Racketeer Influenced Corrupt Organizations (RICO) Act to MATFORCE, a local group that fights substance abuse. It operates a program called "Marijuana Safe? Think Again!" which has a page on its website titled, "Let's Stop the Push for Legalization."

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In recent weeks, the Marijuana Policy Project (MPP), a legalization advocacy group, submitted a bid to get a measure on the ballot that would tax and regulate the drug in Arizona like alcohol, the Phoenix New Times reported.

Arizona state law stipulates that "a county shall not spend or use its resources, including the use or expenditure of monies… for the purpose of influencing the outcomes of elections.

The Arizona branch of the MPP told VICE News that the county's use of public funds to fight the legalization effort is underhanded, legally ambiguous, and "just plain wrong."

"It's deceitful to say the money is for educational purposes," Carlos Alfaro, MPP Arizona's political director, told VICE News. "It is clearly advocating against the citizens' initiative, so it is using public resources for campaigning."

Related: New Research Suggests Pot Is the Least Deadly Recreational Drug

MPP filed their ballot initiative with the Arizona Secretary of State's office on April 17, aiming to make Arizona the fifth state that allows the sale and taxation of cannabis, after Colorado, Washington, Alaska, and Oregon. The District of Columbia has also legalized possession of small amounts of marijuana, but currently has no laws regulating it. The drug remains illegal under federal law.

PANT handed its check to MATFORCE in December, 2013, according to documents provided by Yavapai County Attorney Sheila Polk. On May 4, Arizona Attorney General Mark Brnovich wrote a formal opinion supporting the use of public funds to educate the public about the purported problems associated with marijuana and legalization.

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The opinion came in response to a question posed by Polk and Maricopa County Attorney Bill Montgomery about where "the prohibition against using public resources arises" in regard to the ballot initiative. Polk is a Republican who co-chairs MATFORCE. RICO funds can also be put toward "substance abuse education" under state law.

"If a reasonable person could conclude that the government entity was educating the public on the issues, albeit in a one-side manner, then it has not used public resources to influence the outcome of an election," Brnovich wrote. "Your efforts may lawfully continue… so long as they do not unambiguously urge the electorate to cast a vote for or against the measure."

The opinion appeared to allow elected officials to spend public funds on other advertising efforts, as long as they do not violate state laws prohibiting their use for campaigning.

But Brnovich's opinion was withdrawn on Thursday following a hailstorm of criticism from legalization advocates and others who challenged it on principle, arguing that it would lead to potential government corruption and abuse. Brnovich's office issued a statement on Friday explaining its reasons for scrubbing the opinion from its website.

"Attorney General Brnovich takes the allegations that the previously issued opinion may have provided an opportunity for potential government abuse very seriously," the statement said. "Like those who requested the original opinion, our office has a responsibility to protect the taxpayer dollars of hardworking Arizonans. The original opinion offered by this office was intended to preserve the First Amendment right of elected officials who educate the public on ballot measures. This office remains committed to defending their right to free speech."

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Brnovich's office did not respond to questions about whether the withdrawal of the opinion indicates the attorney general no longer supports the ability for counties to use public resources to fund anti-marijuana education programs.

Alfaro was pleasantly surprised to learn of the withdrawal of the decision on Friday, and said that clearly the attorney general "saw how unpopular [the opinion] was and responded to the people's concerns."

Related: A Woman Lost Custody of Her Son After He Defended Medical Marijuana in School

Polk's office did not immediately respond to a VICE News request for comment on Friday.

In a statement on her website released last year under the MATFORCE slogan "Marijuana Harmless? Think Again," Polk argued that the legalization of the sale of pot in Colorado would bring negative consequences, and noted that Arizona "should not rush to experiment with an entire generation of our young people by legalizing marijuana."

"We must build an environment in which every child can learn and thrive; that must include funding public education to heighten awareness about the harms of marijuana," she wrote.

But Alfaro said that Polk's anti-marijuana campaigning is misleading and fruitless.

"Everybody knows that marijuana is objectively less harmful than alcohol, and yet she is going to spend public money advocating against what is inevitable," he said. "It's only a matter of time before marijuana is legalized in Arizona."

Follow Liz Fields on Twitter: @lianzifields

Editorial note: This article originally stated that the donation to MATFORCE was made shortly after MPP submitted a bid to get their marijuana taxation proposal on the ballot, as reported by the Phoenix New Times. The Yavapai County Attorney's office later provided documents proving the donation was made on December 11, 2013.