Marijuana market initiative planned

Tuesday, Sept. 28, 2004 | 9:26 a.m.

CARSON CITY -- Backers of pot decriminalization are pushing a plan that would establish marijuana markets, stores licensed to sell pot and taxed by the state.

A group behind an unsuccessful plan that would have allowed adults to possess up to one ounce of marijuana without facing a criminal charge has started a new initiative petition to decriminalize pot in Nevada.

If the signature-gathering effort succeeds, the marijauna markets proposal would then be considered by the 2005 Legislature.

The Committee to Regulate and Control Marijuana filed its petition Monday with Secretary of State Dean Heller and it has until Nov. 9 to collect 51,337 signatures of registered voters.

"It's going to be close but we're confident we can get them," Larry Sandell, campaign manager for the committee, said.

The organization circulated a previous petition to amend the Nevada Constitution, but didn't get the required signatures by the deadline. It is appealing this case to the 9th U.S. Circuit Court of Appeal.

If the committee secures the signatures on the new petition, it will be presented to the 2005 Legislature, which must act on it within 40 days. If the Legislature does not act or if it changes the petition, the issue will go on the 2006 election ballot.

Sandell said Nevada would be the first state to set up a system of regulation. But he said a question on the Alaska ballot this election will deal with permitting marijuana.

The new Nevada initiative says, "Rather than spending millions of taxpayer dollars arresting marijuana users, the state of Nevada should instead generate millions of dollars by taxing and regulating marijuana, and earmark part of these revenues to prevent and treat the abuse of marijuana, tobacco, alcohol and other drugs."

It said by allowing those 21 and older to use marijuana in their homes, police would have more time to prevent and investigate serious crimes such as murder, rape, assault, robbery and driving under the influence of drugs and alcohol.

The state would license wholesalers and retailers to sell the drug. Each would pay $1,000 for an initial license and $1,000 annually for the permit.

A retailer or wholesaler could not locate within 500 feet of a school or church. Licenses for selling the drug would not be issued to gas stations, convenience stores, grocery stores, nightclubs, gaming casinos or dance halls. Those businesses that sold liquor would be barred from having a permit to sell marijuana.

The proposed initiative would continue to prohibit a person from driving under the influence of marijuana. It would also prohibit possessing marijuana in a public place, jail or public school.

The original petition to amend the Constitution was declared invalid because some of the signatures were gathered from people who signed up to vote at the time or after they signed the petition.

A panel of 9th U.S. Circuit Court of Appeals rejected the claim of the marijuana proponents that those signatures should be counted. The group is now asking for a hearing before the full court.

Sandell said if the group gets the question on the ballot for the constitutional change, it would probably drop its second petition.