Legislature files opening brief - KUAM.com-KUAM News: On Air. Online. On Demand.

Legislature files opening brief

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by Ken Quintanilla

Guam - The Guam Legislature filed its opening brief over its declaratory judgment request with the Supreme Court relative to medicinal marijuana. In its opening brief, Attorney Julian Aguon, on behalf of the Legislature, argues Congress left it up to the legislature to prescribe the conditions and procedures pursuant to which the people of Guam shall exercise its right to referendum. He further states Guam laws are consistent with the authority and power given to the Legislature by congress to prescribe these conditions.

The Legislature asks the court to confirm that a local executive official charged with a ministerial duty of enforcing a state statute exceeds its authority when it refuses to enforce said statute because they determine it to be unconstitutional. As we reported, the GEC deemed action by the Guam Legislature in passing Bill 215 now public law as inorganic. That measure directed the GEC to place the question of whether to legalize medicinal marijuana on this year's general election ballot however the GEC voted not to do so. 
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