A Maricopa County Superior Court judge has thrown out a lawsuit seeking to block recreational marijuana from the November ballot, but the group opposed to Proposition 205 has promised to appeal to the Arizona Supreme Court.

Judge Jo Lynn Gentry issued a sweeping ruling dismissing the lawsuit that argued Prop 205’s signature sheets are invalid, its language is confusing to the point of fraud and the funding source would be unconstitutional.

Opponents had asked that the measure be kept off the ballot because the short description voters saw when signing petitions left off many major provisions. For instance, the 100-word legal description did not include details about changes to DUI laws, child custody issues or employment law.

Gentry wrote that opponents of Prop 205 cannot challenge the initiative because of changes to state law that limit such lawsuits. Gentry said the state legislature eliminated a part of the law allowing a citizen to challenge the legality of initiative petitions.

Lead plaintiff Seth Leibsohn released the following written statement:

“We thank Judge Gentry for her time, but we respectfully disagree with her ruling,” said Leibsohn, who’s also chairman for Arizonans for Responsible Drug Policy. “If this decision were to stand, no initiative bankrolled and written in or out of state would ever be subject to a claim of fraud. Just as we do not allow consumer fraud or fraud in the free marketplace, we do not believe fraud should be allowed to take place in a system of free elections—and the courts are clearly the venue to prevent that. Even worse than expanding government and creating a protected monopoly, as the RTMA does, its authors are misleading the public in their efforts. Despite today’s ruling, we maintain this initiative perpetrates a fraud on the electorate for the reasons outlined in our complaint and oral argument, and we will be seeking an appeal on the ruling we received today.”

An appeal seems like a long shot, said trial attorney Scott Halverson, who is not involved in the case. “Looking at Judge Gentry’s order, it’s very detailed, it’s clear, it’s well-reasoned, it’s based on Arizona case law,” Halverson said. “I think an appeal would have a very remote possibility of succeeding.”

The lawsuit is frivolous and it’s time to let the voters decide the issue, agreed J.P. Holyoak chairman of the Campaign to Regulate Marijuana like Alcohol. “To continue this fight when the lower court found that their argument has zero merit whatsoever is beyond desperate and pathetic,” Holyoak said. “And now it’s just disgusting.”

Any appeal challenging an initiative has to be decided before the ballot printing deadline, according to state officials.

The Arizona Secretary of State has certified the measure, and federal law requires ballots to be finalized 45 days before the November election.