Source: River Cities Reader (IA)
Pubdate: Wed, 18 Nov 98
Author: Jenny Lesner
Contact:  http://www.rcreader.com/

POLITICS by J.M. Lesner

CONGRESS LANDS A HISTORICAL BLOW TO DEMOCRACY

On November 4th, the Congress of the United States, which has jurisdiction
over the District of Columbia, passed an amendment that stopped democracy
cold.  The amendment, introduced by Congressman Bob Barr (RGA), makes it
illegal for DC to fund the processing of any initiatives that would legalize
marijuana.  The amendment was a last minute addition to DC's FY 1999 Budget,
in the face of an Initiative (Initiative 59) on DC's November general
election ballot that would allow terminally ill patients access to
marijuana, while protecting their physicians from prosecution should they
prescribe it.

Voters in Alaska, Nevada, Oregon, and Washington recently voted on similar
Initiatives that would legalize the use of marijuana for medicinal purposes.
All but the District of Columbia approved the Initiative.  While exiting
polls in DC reported overwhelming support for their Initiative 59, the
amendment kept the DC's Board of Election from counting the votes and
registering the results.

The amendment was held back by Congress for a few months, then strategically
placed into the 40pound FY.  This tactic was used in direct defiance of the
process of democracy.  The ballots were printed at the time the amendment
was passed indicating the will of the people to make a decision about the
issue.

"It's absolutely unbelievable that our Congress thinks that they have the
authority to do this," said Carl Olsen, Head of Iowa's branch of the
National Organization for the Reformation of Marijuana Laws (NORML).  "We
must definitely send a message to these guys that this is unacceptable."
Extensive research has proven that marijuana can provide necessary relief to
people with serious or terminal illnesses, such as cancer and AIDS.  A 1997
study by the Institutes of Health, found some patients can be helped by the
drug, principally to relieve nausea after cancer chemotherapy or to increase
AIDS patients' appetites.  The drug has also helped some patients control
glaucoma.

DC's Initiative 59 proposes to protect patients with serious and terminal
illnesses from facing criminal penalties for the medicinal use of marijuana.
It would also exempt doctors, who prescribe small amounts of marijuana to
help ease their patients pain and suffering, from facing criminal charges.
Existing polls indicated that the voters in DC are strongly in favor of this
policy.

Those on Capitol Hill who oppose Initiative 59, use the Controlled
Substances Act of 1970 to justify their position with the amendment.
According to the Act, "All controlled substances in Schedule I that are
possessed, transferred, sold or offered for sale in violation of the Act
shall be deemed contraband and seized and summarily forfeited to the United
States."

The Board of Elections intends to bring suit against Congress for their
action on the grounds that the amendment is a direct infraction of citizens'
constitutional rights to decide an issue by, majority vote of the people.

Meanwhile, grass roots organization for legalizing medicinal marijuana
continues to grow as voters in Arizona, Alaska, Oregon, Nevada and
Washington State fight to have their recently passed initiatives
implemented.  According to AIDS activist Wayne Turner, "This Initiative is
about protecting the sick and dying from criminal prosecution, giving them
relief, and hope." More information can be found at a web site posted by Yes
on 59, [http://www.actupdc.org/press/legalupdate.html]

It is not yet known if, or when, the District of Columbia votes for
Initiative 59 will ever be counted. Congress has created a deeply
disturbing, possibly unconstitutional, situation by burying those votes, and
it appears that the courts will have to decide if what Congress has done is
unlawful.  It is also a situation that will go down in history as a blow to
democracy.

Medical Marijuana Initiative Passed in Other States

In Arizona, voters have cleared the way to allow doctors to prescribe
marijuana and several other Schedule I drugs for seriously ill patients.

In Alaska and Oregon, new laws passed that legalized the possession of
specified amounts of medical marijuana, but only to patients enrolled in a
state identification program.

Although Nevada voters approved a similar initiative, state law there
requires voters to reapprove medical marijuana again in the year 2,000
before the measure can officially become law.

Washington States' new medical marijuana law allows patients with certain
terminal and debilitating illnesses, to grow and possess a 60-day supply of
marijuana.

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Checked-by: Don Beck