COURT SNUFFS POT INITIATIVE'S LAST-GASP EFFORT

Measure To Appear On Ballot, But Votes Won't Be Counted

DENVER - The Colorado Supreme Court on Thursday refused to order county
clerks to count votes cast in connection with a proposal to legalize the
medicinal use of marijuana, effectively ending a battle to allow voters to
decide the issue Nov. 3.

The measure, known as Amendment 19, will appear on the ballot. But
Colorado's 63 county clerks are under orders from Secretary of State Vikki
Buckley to ignore votes cast.

Buckley ruled earlier this month that proponents lacked the 54,242 valid
signatures needed to qualify for the ballot.

"For all intents and purposes, we will not be able to officially gain a
spot on the 1998 ballot," said Luther Symons, spokesman for Coloradans for
Medical Rights, which supported the pot proposal.

Maurice Knaizer, a deputy attorney general representing Buckley, called the
court's decision good news because it will allow an orderly election process.

"That has been our main concern," Knaizer said.

Proponents, however, will continue to pursue a legal challenge to Buckley's
Oct. 16 ruling that disqualified pot from the ballot. They say Buckley
incorrectly ruled invalid more than 2,600 signatures and failed to review
nearly 7,700 additional signatures during a court-ordered review of all
88,815 signatures.

Their hope in pursuing that lawsuit after Election Day is to win a spot on
the ballot in 2000.

"The battle is over, but not the war," Symons said.

The high court's refusal to intervene was the second defeat in as many days
for Martin Chilcutt, Amendment 19's main sponsor. A Denver district court
judge on Wednesday also refused to order county clerks to tabulate votes
for Amendment 19, largely because the state Supreme Court was considering
the issue.

"We're pretty much out of legal options now," Symons said.

Chilcutt has been fighting to get on the ballot since Aug. 7, when he
submitted signatures in support of the measure that would allow people with
a debilitating illness to use pot to relieve their pain and nausea.

The measure has been ruled on and off the ballot, frustrating supporters
and opponents alike.

The state's high court already stepped in once, ordering Buckley - at her
request - to conduct a line-by-line recount of the signatures. She
concluded proponents fell 2,338 short.

The legal skirmishes have raised questions about Buckley's operation of her
office.

Two employees told The Gazette that they did not finish verifying
signatures by the high court's deadline on Oct. 16.

Buckley's opponent, Democrat Ric Bainter, has accused her of lying to the
Supreme Court.

As the legal battle has raged, the proponents have continued to advertise
and campaign on behalf of Amendment 19.

They say their money has not been wasted and predict the effort will pay
off in 2000.

Symons said Coloradans for Medical Rights is asking residents to vote on
the marijuana measure, even though their ballot may not be counted.

"We plan to do some sophisticated exit polling to demonstrate (the measure)
would have won," Symons said. "We want to reassure our supporters in the
state that this was a worthwhile effort."

Checked-by: Richard Lake