Group seeks change in state law to allow pot use

By Cy Ryan (contact)

Wednesday, Jan. 6, 2010 | 4:33 p.m.

CARSON CITY -- A petition to change state law to allow adults to use marijuana legally has been filed and law enforcement officials are already geared up to fight the proposal.

A group named Sensible Marijuana Laws must gather 97,002 signatures from registered voters before Nov. 9.

If the group secures enough valid signatures, it will be presented to the 2011 Legislature and then to voters in 2012.

David Schwartz, campaign manager for the group, said there is a different political climate now than when the petition to liberalize marijuana laws was defeated at the ballot in 2006.

"It's not the scary drug it was believed to be," said Schwartz, who added he does not use the drug.

Marijuana is less toxic, less addictive and less harmful than alcohol, Schwartz told a press conference.

He said there would be 50 licensed cultivating fields in Nevada for marijuana and 120 retail stores to sell it.

The petition says suppliers of retail stores would impose a $50 per ounce excise tax, while the stores would charge the regular sales tax.

Frank Adams, spokesman for the Nevada Sheriffs and Police Chiefs, said they knew the proposal was coming and already have formed a coalition to oppose it.

"It's the same group we have been fighting for years," he said.

Adams said this is another effort by out-of-state interests to promote marijuana.

Schwartz said the present effort is supported by the Marijuana Policy Project in Washington D.C.

The petition says advertising of marijuana would be prohibited. Sale of marijuana to minors would be illegal.

The number of retail stores would be authorized by local authorities, but the number would be restricted based on population. For instance in Clark County, there would be one store allowed for every 25,000 residents.

An application to the county commission for a store franchise would be accompanied by an initial license fee of $2,500. The initial fee to the state would be $5,000 for a license to grow the marijuana.

The petition says a person who is at least 21 years old is exempt from arrest for transportation, possession or use of 1 ounce or less of marijuana.

The 2011 Legislature will have a chance to approve or reject it or submit an alternative. It would be on the 2012 election ballot, the Secretary of State's Office said.