JUDGE SAYS MARIJUANA VOTE EFFORT INVALID

A judge has ruled that an effort to place a medical marijuana issue on
the November ballot in Minneapolis is "manifestly unconstitutional."

Hennepin County District Judge Richard S. Scherer issued his decision
late Tuesday, a day after hearing arguments in a lawsuit filed after
the Minneapolis City Council refused to put the issue on the ballot.
Scherer's decision supports the city's action, though an appeal is
expected.

Last month, a local group called Citizens Organized for Harm Reduction
gathered nearly 8,000 valid signatures on a petition demanding an
addition to the city's charter that calls for setting up a medicinal
marijuana distribution system. The amendment would take effect only if
medical marijuana became legal at the state and federal level.

Scherer agreed with the city's argument that the amendment would be
unconstitutional because it would conflict with state and federal law.
He noted "it is clear that the proposed amendment seeks to legislate
in areas where the city is preempted."

Moreover, Scherer ruled the home-rule city charter specifically
prohibits residents from legislating by petition.

"The proposed charter amendment is an initiative cloaked as a charter
amendment" and is illegal and improper, Scherer ruled.

The Washington, D.C.-based Marijuana Policy Project, which had
underwritten the lawsuit, issued a statement saying it will appeal
Scherer's ruling immediately and will request the case be referred to
the Minnesota Supreme Court in order to get a final decision before
November.

Neal Levine, the organization's director of state policies, said the
City Council's actions essentially disenfranchised the thousands of
people who signed the petition.

"The law, the facts and simple fairness are on our side," Levine said
in a prepared statement.

Peter Ginder, acting deputy city attorney, said city officials are
pleased by Scherer's ruling and are confident that the ruling will be
upheld on appeal.