DISTRICT, ACLU UNITE BEHIND MARIJUANA VOTE

Judge to Hear Arguments Monday on Releasing and Certifying Referendum
Results

The District government and the American Civil Liberties Union asked a
federal judge yesterday to overrule Congress and uphold the results of
Tuesday's vote on a controversial medical marijuana initiative.

Because of a congressional amendment, D.C. elections officials contend they
are prohibited from even releasing the results of the vote on Initiative
59, which would permit seriously ill people to use marijuana for medical
purposes. Although ballots were counted, the outcome has remained secret.

Yesterday, D.C. lawyers filed papers in U.S. District Court contending that
the action by Congress violates the First Amendment rights of D.C.
residents and prevents elections officials from carrying out their duties.

"Here in the District of Columbia -- unlike in any other jurisdiction in
the country -- Congress has chosen to stand democracy on its head,"
according to papers filed by D.C. Corporation Counsel John M. Ferren.

An amendment to the D.C. appropriations bill, passed by Congress on Oct.
21, less than two weeks before the election, bars the District from
spending money on any initiative that would "legalize or otherwise reduce"
penalties for users of marijuana.

Acting on behalf of the initiative's backers, the ACLU filed suit Oct. 30
against the D.C. Board of Elections and Ethics, seeking a court order that
would require the board to certify the vote on the initiative so it can
become law.

On Wednesday, the ACLU filed a request under the Freedom of Information Act
to learn the election's results. Yesterday, it went back to court seeking
an order requiring the District to quickly reveal the outcome.

Judge Richard W. Roberts has scheduled a hearing for Monday. Now that the
ACLU and the District are in agreement on the issues, the judge could ask
the Justice Department to represent Congress in the case. The D.C.
government said it hopes to certify the results of the initiative along
with all other ballot issues on Nov. 18.

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 law, possession of marijuana is a
misdemeanor punishable by up to six months in jail and a fine of $1,000.