Federal judge clears way for D.C. vote on medicinal marijuana

By The Associated Press

04.02.02

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WASHINGTON — 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 March 28 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 5.

Update

Appeals court reverses decision allowing D.C. vote on medical marijuana
Congressional act barring residents from putting measure on ballot doesn't violate free speech, federal judges rule.  10.07.02

Previous

House approves revised medicinal-marijuana ban in D.C. budget
AIDS activist criticizes Georgia congressman for resorting to 'extraordinary' measures to keep referendum vote secret.  08.03.99

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