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News (Media Awareness Project) - US DC: Decision May Allow Vote on Marijuana
Title:US DC: Decision May Allow Vote on Marijuana
Published On:2002-03-30
Source:Newsday (NY)
Fetched On:2008-01-24 13:58:27
DECISION MAY ALLOW VOTE ON MARIJUANA

WASHINGTON -(AP)- A federal judge's decision could pave the way for
supporters of legalizing marijuana in the nation's capital for medical
purposes to place the matter before city voters this fall.

U.S. District Judge Emmet Sullivan on Thursday overturned a federal law that
had effectively blocked District of Columbia residents from putting the
issue on the ballot.

The law was first enacted by Congress 1998, after district residents voted
to legalize marijuana for medical use. Known as the Barr Amendment for its
sponsor, Rep. Bob Barr, R-Ga., the law has since been added yearly to
legislation governing federal spending in the district.

The ballot initiative, which supporters want to again place on the city's
ballot in November, would change city law to make it legal for seriously ill
patients to get and use marijuana if their physicians recommend it.

But the District of Columbia Board of Elections and Ethics declined to
certify the proposed initiative, citing the Barr Amendment's ban on the city
using federal funds to pursue it. The initiative's supporters, the Marijuana
Policy Project, then sued the city and federal governments.

Sullivan granted their request for an injunction barring the law's
enforcement, saying it unconstitutionally limits political speech.

"The Constitution does not allow Congress to pre-clear acceptable viewpoints
for public debate and expression," he wrote.

Sullivan noted Congress could enact a law prohibiting changes in district
drug laws or veto any legislation passed by citizens.

In order for the initiative to appear on city ballots in November,
supporters must get petition forms approved by the board and then collect
and certify 16,000 valid signatures, all by July fifth.
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