MARIJUANA VOTE TO BE RELEASED

Judge Unlocks D.C. Election Tally

A federal judge ruled yesterday that Congress can no longer block the
release of election results on a District initiative to legalize the
medical use of marijuana.

U.S. District Judge Richard W. Roberts's ruling clears the way for D.C.
voters to finally learn the outcome of a highly publicized election in
November that generated a fierce legal battle involving Congress, the D.C.
government, the American Civil Liberties Union and a host of initiative
supporters. A congressional amendment had kept the vote from being made
public in what city officials and activists contended was a flagrant attack
on citizens' rights.

"Congress may have entirely understandable motives for attempting to curb
drug possession, use, and distribution in the District," the judge declared
in his 24-page opinion. "That does not change the fact that keeping a veil
over the results of a properly conducted referendum would cut short public
expression about the topic of drug legalization--either pro, con or neutral."

D.C. officials said they hoped to release the results as quickly as
possible, perhaps early next week. They said they needed additional time to
thoroughly review the decision and to convene a meeting of the D.C. Board
of Elections and Ethics.

"Today's court decision is a clear and decisive win for self-government in
the District of Columbia," said Mayor Anthony A. Williams (D). "At long
last, the voters will be heard on this public health issue."

Arthur Spitzer, the ACLU's legal director was pleased. "All I can say is,
'Bravo for Judge Roberts,' " said Spitzer, who argued the matter before
Roberts in a flurry of briefs and at a packed hearing in December.

Initiative 59 would change D.C. law to legalize the possession, use,
cultivation and distribution of marijuana if recommended by a physician for
serious illnesses. Under current D.C. law, possession of marijuana is a
misdemeanor punishable by up to six months in jail and a fine of $1,000.

The court dispute stemmed from an amendment Congress tacked onto last
year's D.C. appropriations bill that prohibited the District from
conducting any ballot initiative that would "legalize or otherwise reduce"
penalties for users of marijuana. The measure, sponsored by Rep. Robert L.
Barr Jr. (R-Ga.), was passed less than two weeks before the election.

Because ballots already were printed by the time Congress acted, the vote
still took place; more than 137,000 people cast ballots. A computer
automatically tallied results but didn't put out the Initiative 59 count.

That led to the lawsuit, filed by the ACLU on behalf of initiative
supporters. The suit asked for a court order requiring D.C. officials to
reveal the outcome and to certify the result. In an unusual twist, the D.C.
government sided with the parties filing the lawsuit.

Arguing on behalf of Congress, the Justice Department contended Congress
did not overstep its bounds because it has authority over all aspects of
D.C. government and had a right to block a medical marijuana law either
before or after the election.

Justice Department lawyers did not return telephone messages yesterday.

Roberts, a former federal prosecutor who joined the bench last year, ruled
the Barr amendment did not specifically prohibit the counting, release and
certification of the vote, and so those actions could move forward. But if
the Barr amendment could be construed as an attempt to keep the results
secret and uncertified, Roberts said the measure would infringe upon
voters' rights. Congress, he said, has no right to prevent political
speech, despite its "unique relationship" in the governance of the District.

Once the election results are certified, Congress has 30 days either to do
nothing--and let the measure take effect, if it passed, or overturn it.

Barr and his House colleagues acted again this summer, tacking an amendment
onto the fiscal 2000 D.C. appropriations bill to block the legalization of
marijuana for medicinal purposes. The Senate passed the amendment as part
of the budget package Thursday. The White House has threatened to veto the
budget bill because of concerns about amendments.