BACKERS OF LEGALIZED MARIJUANA USE CHALLENGE STATE'S SCHEDULE FOR VOTE

Supporters of a petition to legalize marijuana filed suit Thursday
challenging the state's schedule for bringing the issue to a vote.

The vote is now set for Nov. 2 as part of the general election. The lawsuit
says state law requires that it be on the Aug. 24 primary ballot.

Attorney Ken Jacobus said petition supporters actually differ among
themselves about which ballot the initiative should be on, but they all
want to make sure the law is properly followed, he said.

They want to avoid leaving the initiative vulnerable to legal challenge
should it pass, Jacobus said.

The difference of opinion on the correct election date stems from a
difference of opinion on when the petition was officially filed with the state.

It was actually filed on Nov. 14, 2002, the lawsuit says. But Lt. Gov.
Loren Leman rejected it for technical errors later called trivial by the
Superior Court. Leman then reconsidered the petition under court order and
certified it in November 2003, noting that he considered it "properly"
filed under court direction as of Nov. 13, 2003.

Under state law, a legislative session must convene and be adjourned for at
least 120 days after a petition is filed, before it can be voted on. A
certified initiative goes on the first statewide ballot after that.

The law was designed to give the Legislature a chance to enact the
initiative itself, making a vote unnecessary.

The original 2002 filing date would put the marijuana initiative on the
August ballot. Leman's filing date puts it on the November ballot.

There will not be the required 120 days between the end of the current
legislative session and the August primary, said Robert Pearson, who
handles initiatives for Leman's office. So November is the first statewide
election ballot available.