Appeals court rejects new bid by pot group

Wednesday, Sept. 29, 2004 | 10:43 a.m.

CARSON CITY -- A group seeking to legalize marijuana for adults has lost its appeal in the 9th U.S. Circuit Court of Appeals.

The Committee to Regulate and Control Marijuana had asked the full appeals court for a hearing on its petition to put the issue on the Nevada ballot. A three-judge panel of the court had previously rejected the appeal.

"We do not agree with the court's decision," Larry Sandell, campaign manager for the committee, said. He said the voters are being denied a chance to have their say on allowing adults to possess up to one ounce of marijuana.

Despite the setback, Sandell said, the group has started gathering signatures in Las Vegas on an initiative petition to force the 2005 Legislature to consider the plan. The committee needs 51,337 signatures of registered voters.

"We're not giving up and we will be back in 2006," said Sandell, referring to the election that year.

The committee originally circulated a petition to amend the Nevada Constitution to allow adults to possess and smoke marijuana in their homes but prohibited its use in public.

They group did not get enough valid signatures to qualify the issue for the ballot. But it filed suit, saying that people who registered to vote when signing the petition should be counted.

Those names were turned into the Clark County voter registrar after the petition was filed and were not counted.

The panel of the 9th Circuit Court rejected the petition to have those signatures included in the final tally to get the required 51,337.

If the group is successful with the new petition, the 2005 Legislature would have to consider the proposal when it convenes next year. If the Legislature does not act within 40 days or if it changes the petition, the issue would go on the 2006 ballot.

The petition, which would allow the sale of marijuana and marijuana paraphernalia, must have the required signatures by Nov. 9. The petition would prohibit casinos, bars, gas stations and a business within 500 feet of a school or church from selling the substance.