cannabisnews.com: Ruling May Put Marijuana Measure on Ballot





Ruling May Put Marijuana Measure on Ballot
Posted by FoM on March 29, 2002 at 22:58:39 PT
By The New York Times
Source: New York Times
A federal judge here has overturned a law prohibiting residents of the city from circulating or voting on a ballot initiative to legalize marijuana for medical purposes.As a result, a measure that would legalize the cultivation, possession, use and distribution of marijuana for seriously ill patients whose doctors recommend it could be put on the ballot as early as November. 
The judge, Emmet G. Sullivan of District Court, ruled on Thursday that the law barring circulation of the initiative was unconstitutional."There can be no doubt that the Barr Amendment restricts plaintiff's First Amendment right to engage in political speech," Judge Sullivan wrote in his ruling.The legislation that prohibited city officials and residents from considering the legalization of marijuana was called the Barr Amendment after its sponsor, Representative Bob Barr, Republican of Georgia. It prevented the city from using public money to pursue the initiative.Mr. Barr said the court had "ignored the constitutional right and responsibility of Congress to pass laws protecting citizens from dangerous and addictive narcotics." But Robert Kampia, executive director of the Marijuana Policy Project, an advocacy group that was a plaintiff in the case, said the "ruling strongly affirms the notion that Congress's power over the District of Columbia has limits."A spokesman for the Justice Department said it had not decided whether to appeal. Last year, proponents of the medical use of marijuana sued the federal government and the District of Columbia Board of Elections and Ethics seeking an injunction that would bar enforcement of the law. The legislation was enacted by Congress in 1998 after a similar marijuana initiative had been placed on the ballot and set off a dispute over home rule for the city.The medical marijuana initiative could be on the ballot this year if 16,000 signatures are collected and certified by July 5. Voters backed the initiative four years ago, with 69 percent approving it.Alaska, California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington have removed criminal penalties for seriously ill patients who use and grow marijuana with the approval of their doctors. Source: New York Times (NY)Published: March 30, 2002Copyright: 2002 The New York Times Company Contact: letters nytimes.com Website: http://www.nytimes.com/ Forum: http://forums.nytimes.com/comment/ Related Articles & Web Sites:Marijuana Policy Projecthttp://www.mpp.org/Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmMedical Pot Gets Boost in Court http://cannabisnews.com/news/thread12390.shtmlLaw Overturned Barring Marijuana Vote in D.C. http://cannabisnews.com/news/thread12387.shtmlCourt Rules Marijuana Initiative Should Proceed http://cannabisnews.com/news/thread12383.shtml
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Comment #2 posted by qqqq on March 31, 2002 at 06:06:20 PT
...ya know....
...actually,,,,Barr should be heckled and ridiculed to the point of being impeached(?),as a traitor,and heritic to the Constitution he swore to uphold!....tar and feather the bastard!..I think that barr has committed a violation that is far more offensive,and blasphemous to the Constitution than Bill Clintons' blow job/pizza/cigar/ impeachment incident........
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Comment #1 posted by John Markes on March 30, 2002 at 15:44:48 PT
Barr deliberately forgets...
It seems Barr forgot that the constitutional rights of Congress are secondary to the rights of the people. And the rights of Congress are for the sole purpose of supporting and protecting the rights of the people, as well as the people themselves. That does not include the self-serving gutter-slop that Barr puts forth as policy and law. He need to stay in the sewer.
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