DAs will question legality of ballot’s marijuana question

Thursday, Aug. 29, 2002 | 9:25 a.m.

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

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.

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.

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.

"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.

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

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

"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."

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.

"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.

"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."

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

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

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