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  Court Rules MMJ Initiative Should Proceed
Posted by FoM on March 28, 2002 at 14:00:54 PT
For Immediate Release  
Source: Marijuana Policy Project 

medical Washington, D.C. -- In an historic ruling issued today, federal judge Emmet G. Sullivan overturned a federal law that prohibited District of Columbia residents from proposing, running, and voting on a ballot initiative to legalize marijuana for medical purposes. The decision resolved a First Amendment lawsuit against the federal government and the D.C. Board of Elections and Ethics (BOEE) filed in December by the Marijuana Policy Project and several individual plaintiffs.

In declaring the Barr Amendment an unconstitutional, viewpoint discriminatory restriction on speech, Judge Sullivan wrote, "The Barr Amendment effectively prohibits plaintiffs from circulating a Board-approved petition for signatures in an attempt to submit an initiative for placement on the ballot at the next general election. There can be no doubt that the Barr Amendment restricts plaintiffs' First Amendment right to engage in political speech." Judge Sullivan also permanently enjoined BOEE from applying the Barr Amendment to block MPP's proposed initiative.

In 1998, 69 percent of District voters approved a measure to legalize the medical use of marijuana. Congress responded with the so-called "Barr Amendment," named after its sponsor, Rep. Bob Barr (R-GA). The Barr Amendment blocked the implementation of the 1998 initiative and prohibited the District from spending appropriated federal funds to "enact or carry out" any law that reduces criminal penalties for marijuana or any Schedule I controlled substance. Plaintiffs argued that the Barr Amendment violated D.C. residents' First Amendment right to utilize the District's ballot initiative process to engage in public debate on a subject of fundamental importance.

The separate provision of the Barr Amendment that blocked implementation of the 1998 medical marijuana initiative was not at issue here.

"Today's ruling means that we will be placing a question on the ballot this November to remove criminal penalties for seriously ill people who use and grow their own medical marijuana in our nation's capital," said Robert Kampia, executive director of the Marijuana Policy Project and a plaintiff in the case. "Given that 69 percent of D.C. voters approved a similar measure in 1998 -- which was blocked by Congress -- we believe we will win handily again this November." In addition to running the local initiative campaign this spring and summer, including gathering 16,000 signatures from registered voters to place it on the ballot, MPP is lobbying Congress in advance not to overturn the initiative.

"Today's ruling strongly affirms the notion that Congress's power over the District of Columbia has limits," said Kampia. "Members of Congress have for too long used the appropriations process to deny the electorate the opportunity to enact laws that enjoy widespread public support in the District. In this case, what Congress did was unconstitutional."

"This is not just a victory for the people of the District," said Kampia. "It is a victory for everyone who believes in the First Amendment and the idea that Americans cannot be silenced based on the views that they wish to express."

Eight states -- Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon, and Washington -- have already removed criminal penalties for seriously ill patients who use and grow their own marijuana with the approval of their physicians. The D.C. initiative, if passed this November, would do the same.

Complete Title: Court Rules Medical Marijuana Initiative Should Proceed

The Initiative: http://www.mpp.org/lawsuit/initiative.html

Court Order: http://www.mpp.org/pdf/order_and_judgment.pdf

Newshawk: Ethan Russo M.D. -- http://www.freedomtoexhale.com/ccu.pdf
Source: Marijuana Policy Project
Published: March 28, 2002
Website: http://www.mpp.org/
Press Release: http://www.mpp.org/releases/nr032802.html

Related Article & Web Site:

Marijuana Policy Project
http://www.mpp.org/

Lawsuit Reignites Medicinal Marijuana Debate
http://cannabisnews.com/news/thread11600.shtml


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Comment #11 posted by dddd on March 29, 2002 at 06:12:22 PT
...Barr,,,Hutch,,,,,
...I hope people remember the Clinton impeachment hearings...I was lucky enough to be able to follow the coverage on c-span ,and I remember how impressed I was by the outstanding performance that Barr put forth!..It was spectacular! .Barr,Hutchinson,and many other republican shitheads made it seem as if the Constitution required them to perform the regretful task of impeaching Slick Willy for the pizza-cigar oval office stained dress blow job...I remember them making the point that the Constitution was sacred,and they were only following what the founding fathers meant for them to do when they wrote the sacred document!...too bad that the Constitution has now been tossed about so much that it can now only be deciphered by the supreme cohort. ..
..and...Barr is real big on Constitution when it comes to guns,and certain cyber issues,,but he somehow thinks that voters can mess with it,and make it impossible for lawmakers to protect them from drugs!....dddd


[ Post Comment ]
 
Comment #10 posted by Lehder on March 29, 2002 at 04:13:30 PT
excellent point
Not just legalize, RE-legalize!

RIght on, GCW. Those who try to disparage us with the label legalizers should be reminded that we are re-legalizers - and that they, the oppressors, seek to imprison 54% of American children.

[ Post Comment ]

 
Comment #9 posted by The GCW on March 28, 2002 at 19:57:17 PT
Mary Jane Wall Banger
Like at the carnival, 2 bits to swing at the new Pontiac...

This is better than Nevada having to vote on IT twice. At every facet, ... the wall is being confronted.

Soon, only the elite ignoid will be able to resist this riptide of Truth.

Not just legalize, RE-legalize!



[ Post Comment ]

 
Comment #8 posted by xxdr_zombiexx on March 28, 2002 at 19:14:42 PT
A fine example
I always tell people that any discussion of cannabis prohibiton ends up in discussions of constitutional law not cheech and chong jokes.

This is a great example of that. It shows how prohibition induces people to violate the Constitution, how the constitution forms the basis of enforceable law, and how the cannabis reform movement is as American as apple pie and 2 legit to quit.

[ Post Comment ]

 
Comment #7 posted by BGreen on March 28, 2002 at 18:18:24 PT
Enjoy it while it lasts!
When the supreme court (they don't deserve capitalization) gets a hold of this case it will be overturned. If not, I foresee an attempt at a constitutional amendment allowing it. These demonic people will not give up their power this easily.

[ Post Comment ]
 
Comment #6 posted by mayan on March 28, 2002 at 17:41:18 PT
that is,Constitution!
Slap me for failing to capitalize the name of that sacred document! Did you even read the Constitution before you wiped yourself with it,Bob?

[ Post Comment ]
 
Comment #5 posted by mayan on March 28, 2002 at 17:36:11 PT
Sorry Bob...
Bob Barr is a heartless dolt & he will regret ever having stymied the will of D.C. voters. It wouldn't surprise me if Barr actually has custom-made toilet paper with the constitution printed on it...what an idiot.

[ Post Comment ]
 
Comment #4 posted by kaptinemo on March 28, 2002 at 16:58:10 PT:

OMG
Someone hand Mr. Barr some Valium; he's going to need it to combat his towering rage at having his little plan of disenfranchising the citizens of DC (and wiping himself on the very Constitution he swore an oath to defend!) thwarted. Better yet, offer him a joint, instead. Much safer than Diazepam.

On second thought, why waste good weed?



[ Post Comment ]

 
Comment #3 posted by Ethan Russo MD on March 28, 2002 at 14:43:49 PT:

Great Piece of News
I was very happy to see this. It is one of the few things recently that suggests that the rule of law might still be meaningful in this country.

The Europeans think we are departing from our ideals in a shameful manner. They are both shocked and dismayed.

[ Post Comment ]

 
Comment #2 posted by DdC on March 28, 2002 at 14:29:17 PT
Finally a Firm Grasp of the Obvious!
If anything or anyone needs an investigation its Bob Boarbarian. Part of the bi-state triplet wod junkies including Mica and the ousted McCollum of Fla. No one has been more fascist actually stopping the vote for the first time in US History and naturally the politico's overlooked it do to the intentions of removing cannabis...x CIA lawyer...need any more be said? Vested ignorance the same as many promoting this war and no one is even raising an eyebrow? Unless it comes to the government checking bank accounts, which I am also against but the fervor in which Barr fought to keep his finances out of it was nothing less than abnormal. Self promoting his concern for the Bill of Rights thinking everyone forgot about the vote scam. The first vote scam. He should have been removed before he got in on the bash Klintoon Contract on Americans ticket...Maybe a Barr on all CIA becoming legislaters!!!
Peace, Love and Liberty! Barr D.E.A.th!
DdC

Cheryl Heart Foundation
http://www.cherylheart.org/

Bob Bob Bob Barrbarian
http://www.cannabinoid.com/wwwboard/politics/binaries/33/33293.gif
http://pub3.ezboard.com/fendingcannabisprohibitionprohibitionistwodjunkies.showMessage?topicID=15.topic

More Barr BOR Bastardizations! http://pub3.ezboard.com/fendingcannabisprohibitionprohibitionistwodjunkies



[ Post Comment ]
 
Comment #1 posted by p4me on March 28, 2002 at 14:24:00 PT
sickness to cure
The blocking of MMJ for DC was sickness and how many Americans even knew the story. How many people know the story now that this decision came out and what will the Washington Post say about it. I will pay their website a visit later tonight.

The madness is in retreat as the numbers of prohibitionist deminish and their lies and dirty works are destroyed. It is not happening fast enough though. We still have to bury the Schedule One Lie.

VAAI

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