Pubdate: Fri, 18 Oct 2002 Source: Las Vegas Review-Journal (NV) Copyright: 2002 Las Vegas Review-Journal Contact: http://www.lvrj.com/ Details: http://www.mapinc.org/media/233 Author: Ed Vogel, Review-Journal Capital Bureau Cited: Nevadans for Responsible Law Enforcement ( www.nrle.org ) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/find?162 (Nevadans for Responsible LawEnforcement) Bookmark: http://www.mapinc.org/find?163 (Question 9 (NV)) ATTORNEY GENERAL OPPOSES QUESTION ON MARIJUANA Children's Drug Use Would Increase, State Official Says CARSON CITY -- Ending months of silence on the issue, Attorney General Frankie Sue Del Papa announced Thursday that her office opposes the ballot question to legalize marijuana. Del Papa said if Question 9 receives voter approval, more Nevada children would gain access to marijuana and the state would be in conflict with federal anti-marijuana laws. A statement released by the office also said the following: i The measure would "effectively overrule" Nevada's possession with intent to sell statute and "give street dealers the liberty to possess for sale a significant amount of the drug." Unless the seller is caught in the act, prosecution of drug dealers with three ounces or less would be "effectively precluded." i Nevada could not administer a state-run system to supply marijuana without incurring "possible civil liability on a large scale." The state, particularly if it generates tax revenue, could open itself to lawsuits filed by victims of intoxicated drivers and product liability lawsuits filed by smokers who develop lung cancer. Del Papa and Chief Deputy Attorney General Gerald Gardner cited what happened in Alaska in 1975 as a reason why Nevadans should oppose the question, which would allow adults to possess 3 ounces or less of marijuana. They said marijuana use by teenagers in Alaska grew to double the national rate when adults were allowed to use the drug without criminal penalties. Alaska voters decided to recriminalize marijuana in 1990. The attorney general said Nevada prisons are not overrun with people convicted of marijuana possession offenses. She said only two people are incarcerated for possession offenses: one who was judged a habitual criminal and one who repeatedly failed drug treatment programs. She said a television advertisement by Nevadans for Responsible Law Enforcement, which is backing the question, implies her office supports Question 9. The ad is "misleading, even deceptive," Del Papa said. The organization gathered 110,000 signatures on petitions to place Question 9 before voters. The ballot measure must pass in November and again in 2004 before marijuana use would be legal in the state. Billy Rogers, leader of Nevadans for Responsible Law Enforcement, said the advertisement "could not have been more clear." The ad said the secretary of state and attorney general offices wrote the explanation for Question 9 on election ballots. A voice then read the ballot question. A small disclaimer at the start of the ad said Question 9 did not necessarily have the support of Del Papa and the secretary of the state. "We quoted directly from the official explanation," Rogers said. "We sent them a copy of the ad three weeks ago. This is the first I heard they have a problem with it." He questioned the accuracy of the attorney general's statements about marijuana use in Alaska and said Question 9 opponents have made mistakes during the campaign. The drug was recriminalized by Alaska voters in 1990, but a judge threw out the election results. The state currently has minor penalties for people people who possess pot. Alaska voters in 2000 defeated a ballot question, similar to Question 9, that would have made marijuana possession legal for adults. Rogers said for Del Papa's office to suggest Nevada would incur civil liability for sale of marijuana is ludicrous. He said the state "never has had to pay a penny in damages for licensing 7-Elevens and other retail stores to sell cigarettes." - --- MAP posted-by: Jay Bergstrom