The state Supreme Court will consider whether New Mexico's largest county can put nonbinding questions about marijuana penalties and taxes on the November general election.
The state Supreme Court on Monday scheduled a hearing Sept. 23 in a legal challenge by Bernalillo County.
The court also issued an order to stop ballots from being finalized while the case is pending.
Secretary of State Dianna Duran decided last week that advisory questions, like ones proposed by two counties, can't be placed on the ballot.
Bernalillo and Santa Fe county commissioners have approved proposals to poll voters about their support for making possession of small amounts of marijuana a civil infraction.
Bernalillo County also wants an advisory question on a possible tax levy for mental health services.
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