POT ISSUE TO GO ON BALLOT

An initiative that would allow marijuana to be used for
medical purposes was ordered placed on the Nov. 3 ballot by a Denver
judge Friday.

Secretary of State Vikki Buckley said after the ruling she will place
the measure on the ballot Monday when she officially certifies the
rest of the Nov. 3 ballot.

"We are delighted,'' said Martin Chilcutt, one of the measure's
sponsors, following the ruling by Denver District Judge Herbert Stern.

"I'm very happy that the citizens of Colorado and patients throughout
the state have prevailed,'' said Chilcutt. "All those people out here
suffering with cancer and AIDS will be happy.''

The marijuana initiative would allow people with "debilitating medical
conditions,'' such as cancer and AIDS, to legally possess and use
marijuana as a form of treatment.

Chilcutt and Luther Symons, spokesman for Coloradans for Medical
Rights, which presented the signatures to Buckley, said a vigorous
educational campaign will begin immediately to inform state residents
about the proposal.

"We intend to run a fully prepared, fully staffed statewide
campaign,'' said Symons.

Buckley originally had said that the initiative proponents hadn't
gathered enough signatures for the measure to be put before voters.

But the measure's supporters challenged Buckley, claiming that her
office conducted an error-plagued review of the 88,815 signatures
submitted by Coloradans for Medical Rights.

Using a random sampling technique, Buckley ruled that only 47,960 of
the 88,815 signatures were valid and did not meet the 54,242
signatures needed.

But the group said that an entry-by-entry analysis of the 4,482
signatures Buckley used as a random sample showed that there were 225
signatures counted invalid that actually were valid.

Using the corrected figure and the same random sampling process used
by Buckley, the group contended 52,312 of the signatures were valid,
or 96.4 percent of the 54,242 required.

Under Colorado law, that should have triggered a line-by-line review
of each signature.

Random sample

By law, any time a random sample establishes that the number of valid
signatures is between 90 and 110 percent, a line-by-line analysis is
required.

Ed Ramey, Chilcutt's lawyer, argued that the line-by-line review
should have been completed during the 30 days Buckley legally had to
review the signatures.

Since the 30-day period ended Aug. 6, Ramey argued that the measure
had to be automatically placed on the ballot.

Judge Stern agreed.

Stern rejected the state's contention that a line-by-line analysis
should commence immediately, labeling the procedure "awkward and
messy.'' He said it would promote uncertainty among voters.

In ordering the measure to be placed on the ballot, Stern said that
prevailing judicial philosophy is that voters should be allowed to
vote on critical matters.

Assistant Attorney General Maurice Knaizer said he and Buckley will
appeal the case to the Colorado Supreme Court. But they said the only
way the measure won't appear on the ballot is if the Supreme Court
overturns Stern's ruling before 5 p.m. Monday.

By law, Buckley must certify the fall ballot 50 days before the Nov. 3
election. The 50th day is Monday.

Checked-by: Patrick Henry