Berkeley Marijuana Measure Still Has A Chance

Marijuana Measure Still Has A Chance
Absentee, Provisional Ballots Could Reverse Decision on Measure R

By KELLY PAIK
Contributing Writer
Wednesday, November 24, 2004

Berkeley's medical marijuana measure, thought to be defeated in
November's election, could still pass if enough uncounted absentee
and provisional ballots vote for the measure.

Measure R, which aims to abolish the city's current limits on
medical marijuana possession for homes and dispensaries as well as
set up a peer review committee to certify any new dispensaries,
received a 48.8 percent 'yes' vote on election night, a number that
has since risen to 49.8 percent after a tally of more than 8,000
recorded ballots in the weeks following the election, said Bradley
Clark, Alameda County registrar of voters.

Clark said about two hundred more 'yes' votes are needed to change
the tide for Measure R-and the county is still recording votes from
provisional ballots.

These remaining ballots are from voters who voted in the wrong
polling place and must be manually recounted, said Elaine Ginnold,
assistant registrar of voters in Alameda County.

Members of the Yes on Measure R campaign expressed hope that the
measure may be resurrected.

"We are observing the counting," said Dege Coutee, campaign manager
for Yes on Measure R.

But Clark said he did not expect the remaining provisional ballots
to be enough to change the outcome.

Though the county does not know exactly how many provisional ballots
are left, Clark said there were too few ballots left to make the
passage of the measure likely.

"I don't anticipate that it will change," he said.

But with the results so close, members of the Yes on Measure R
campaign may ask the county for a recount if the measure does not
pass, Coutee said.

The group's desire for a recount stems from fears that even a small
mistake in the count could cost them the election, she said.

"We can't afford to make any mistakes," Coutee said. "We want to
make sure every vote is counted accurately."

In California, any agent demanding a recount of votes must pay for
the cost of the recount, which averages $3,000 the first day and
about $2,000 each following day, Clark said.

Agents must file a request within five days of certification of the
election with specifications on how they wish the recount to be
conducted, he said.

Counting could be completed by Tuesday and a final outcome will be
released by Nov. 30, Ginnold said.

Coutee praised the measure's abolition of limits because it would
give patients the freedom to grow more marijuana if they and their
doctors felt they needed it.

"Patients need to be able to grow as much (marijuana) as they need
with out inadvertently breaking a law," Coutee said.

The measure would also end the public hearings currently required
for permit approval-possibly making it easier for dispensaries to
obtain the necessary zoning permits for operation.

But that point was rendered moot last month when City Council
instated a quota of three dispensaries in the city. The city already
has three official medical marijuana clubs.

But more important than the reforms to current law, Coutee said, is
the hope that the measure could bring a greater respect for
dispensaries from city officials and residents.

"It is not important that new clubs open as much as current clubs
get recognition as legitimate places," Coutee said.

Kelly Paik covers city government. Contact her at kpaik [at] dailycal.org.
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