Date: Thu, 29 Aug 2002 17:48:43 -0700
From: lvnorml@hotmail.com ("LVNORML")
Subject: DAs will question legality of ballot's marijuana question


Today: August 29, 2002 at 9:26:55 PDT=20

DAs will question legality of ballot's marijuana question
By Ed Koch=20
<koch@lasvegassun.com>
LAS VEGAS SUN=20


Washoe County Distict Attorney Dick Gammick says he is considering =
challenging the legality of the marijuana initiative as it will be =
printed on the November ballot.=20

Clark County District Attorney Stewart Bell agrees with Gammick that the =
Legislature cannot, as Question 9 is written, "provide a system of =
regulation for the cultivation, taxation, sale and distribution of =
marijuana" without breaking federal laws.=20

However, both say nothing can be done until after the first of two =
potential votes is taken in November that could legalize possession of =
small amounts of marijuana, because the ballot has to go to the printer =
by Sept. 10.=20

The language for Question 9, complete with an explanation and brief =
arguments for and against the measure, was released Tuesday by the =
secretary of state's office. In the arguments against passage section, =
marijuana is called a "gateway" drug that can lead to cocaine and heroin =
use.=20

"I suspect that either Mr. Gammick, my successor or someone else will =
ask for an opinion from the Nevada attorney general after the election, =
and I believe the attorney general would opine that the Legislature =
could not set up a process for cultivation or sale as federal law now =
stands," Bell said.=20

"Of course, if the measure fails in November, the question becomes =
moot."=20

Gammick called the question "hip shoot legislation" as it is worded.=20

"I don't think the question is legal," Gammick said. "If the state tries =
to set up something (for cultivation or sale), federal authorities have =
said they will stop it because it is a violation of federal law."=20

Billy Rogers, spokesman for Nevadans for Responsible Law Enforcement, =
the chief proponent for the measure that was placed on the ballot by the =
Washington-based Marijuana Policy Project, says there is plenty of time =
to change federal as well as local laws.=20

"There is nothing on the books where the federal government has ever =
shut down a state or local government-run facility that produces or =
sells marijuana -- only some private businesses in California," Rogers =
said.=20

"There is an initiative on the ballot in San Francisco that would allow =
the city to grow and sell marijuana. And there are 2 1/2 years before =
the law in Nevada will go into effect. Federal laws can change between =
now and then to allow the state of Nevada to produce, tax and sell =
marijuana."=20

The question must be approved in November and again in 2004 to become =
law.=20

Rogers called Secretary of State Dean Heller's language in the question =
and accompanying explanation fair and balanced.=20

The question and accompanying documentation are posted on the secretary =
of state's website (sos.state.nv.us).