Election 2002: Question 9

Thursday, Oct. 17, 2002 | 11:32 a.m.

The marijuana initiative has put Nevada in the middle of a firestorm of national controversy over what could be the nation's first state constitutional amendment to decriminalize possession of marijuana.

The initiative will legalize possession of up to 3 ounces of the drug as well as set up distribution to make it more easily available for medical users.

Proponents and opponents -- including the nation's drug czar, John Walters, who made two trips to Nevada to speak against Question 9 -- have campaigned actively on the issue, with television ads and media events.

The issue boils down to this: Does Nevada want to legalize marijuana use and possession by adults?

The ballot question makes that issue seem a little more complicated.

It reads: "Shall the Nevada Constitution be amended to allow the use and possession of up to three ounces or less of marijuana by persons aged 21 years or older, to require the Legislature to provide or maintain penalties for using, distributing, selling or possessing marijuana under certain circumstances and to provide a system of regulation for the cultivation, taxation, sale and distribution of marijuana?"

A "yes" answer means a voter wants to amend the state constitution in favor of decriminalizing pot.

The explanation of the question, as provided by the Nevada secretary of state's office, says in part that the proposal also requires "distribution of marijuana at low cost to those medically authorized to use it."

The measure also prohibits advertising of marijuana and requires the purchase of the drug from "licensed establishments." The retail sales tax is to be the same "as those of other products generally," the explanation says.

The question would not permit smoking of marijuana in public and calls for strong penalties against those who drive under the influence of marijuana or sell pot to minors.

The argument for passage, as interpreted by the secretary of state, says proponents feel it is a "waste of tax dollars" to arrest people for small amounts of marijuana and that passage would allow police to focus on more serious crimes. They argue that marijuana has "fewer harmful side effects" than alcohol and tobacco.

The arguments against passage call marijuana a "gateway drug" to harder drugs and that refocusing of law enforcement resources would be outweighed by increased health costs.

The measure has been championed by a local organization called Nevadans for Responsible Law Enforcement. It is opposed by virtually every law enforcement official and agency in the state.

If the question is approved this election, it must pass again in 2004 to become law.