SUING FOR DRUGS

The Justice Department has asked a federal judge to dismiss a lawsuit which
would force the District to reveal the vote count on the wrongheaded
marijuana initiative. Elections officials tabulated the figures along with
others from the Nov. 3 general election, but they cannot be released because
Congress has prohibited the city from spending any money on the initiative.
Elections officials are doing the right thing. To do otherwise would put
them on the wrong side of federal law. Similarly, U.S. District Judge
Richard Roberts would be wise to dismiss the suit.

Officially called the Legalization of Marijuana for Medical Treatment
Initiative of 1998, Initiative 59 would have allowed doctors who reasonably
believe pot to be of some benefit to prescribe marijuana for patients being
treated for HIV/AIDS, cancer, glaucoma, muscle spasms as well as other
illnesses. As it happens, the accompanying legislation also would allow your
average Joe to buy, sell and grow pot.

Congress, rightly, would have none of it. In October, as part of the 1999
D.C. budget bill, Congress passed legislation which says "none of the funds
contained in this act may be used to conduct any ballot initiative which
seeks to legalize or otherwise reduce penalties associated with possession,
use, or distribution of any schedule I substance under the Controlled
Substance Act or any tetrahydrocannabinols (thc) derivative." On Nov. 4, the
day after voters in the District and five states, including Alaska, Arizona
and Nevada, cast their ballots on initiatives to legalize pot, the American
Civil Liberties Union tried to force D.C. elections officials' hand with a
freedom of information request demanding the results. But the city couldn' t
budge, and now the ACLU, D.C. government, League of Women Voters and others
are siding with AIDS activists, claiming Congress is trampling on the first
amendment.

The Clinton administration opposes the legalization of marijuana and the
president signed the language on the D.C. initiative. That's why the Justice
Department has asked for the suit to be dismissed. While the ACLU wants
people to believe voters favored Initiative 59 overwhelmingly, the law is
the law, and it must not be taken lightly. Judge Roberts should dismiss the
suit before the city wastes any more time and energy.

Checked-by: Don Beck