The end result is a confusing ballot title that makes it appear like approving the question would be a vote for outright legalization of marijuana, Kiesel said.

Pruitt’s ballot title ends with “This measure does not change federal law, which makes use, sale, and growth of marijuana illegal.”

The U.S. Department of Justice in 2013 issued a memorandum on enforcement in response to states that were moving to make some form of marijuana legal.

“The … memorandum provides guidance to United States Attorneys on the proper prioritization of marijuana enforcement in their districts given the number of states that have moved to legalize marijuana for medicinal, agricultural, or recreational use,” said Peter Carr, a U.S. Department of Justice spokesman. “Specifically, the … memorandum lists eight federal law enforcement priorities where the department will focus its limited investigative and prosecutorial resources in all states.”