Pubdate: Tue, 21 Dec 2004
Source: Las Vegas Sun (NV)
Copyright: 2004 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Author: Cy Ryan, Sun Capital Bureau
Cited: Marijuana Policy Project ( www.mpp.org )
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)

PETITIONS ON POT, SMOKING HEADED TO COURT

Technicality Kept Three Measures Off The Ballot

CARSON CITY - Initiative petitions to restrict smoking in public
places and to allow adults to possess a small amount of marijuana have
failed on a legal technicality according to an opinion issued by the
state attorney general's office Monday, and the issue is headed for
the courts.

Buffy Martin of the American Cancer Society said Monday, "We're moving
forward with legal action" to challenge the opinion of the state
Attorney General's Office that 83,156 signatures of registered voters
were needed to present the petitions to the 2005 Legislature.

Bruce Mirken, director of communications for the National Marijuana
Policy Project, said the opinion "is a clear violation of our due
process rights." He said, "So we will see them in court."

The groups of three petitions -- two targeting smoking and the
marijuana petition -- gathered the signatures before the November
general election and turned them in a few days after the election.

A petition to force the Legislature to consider the issue needs the
signature of 10 percent of the registered voters who cast ballots in
the last general election.

The groups thought they to gather only 51,337 signatures -- based on
10 percent of the 2002 election.

Senior Deputy Attorney General Joshua J. Hicks issued a legal opinion
Monday that the Nevada Constitution requires a petition must have at
least 10 percent of the voters who cast ballots at the last preceding
general election -- 2004. "Because none of the petitions meet the
minimum signature requirement, each fails to comply with the mandates
of Nevada law."

Secretary of State Dean Heller said he "anticipated litigation" to
challenge the opinion. But he said the opinion is backed by previous
decisions of the Nevada Supreme Court and Nevada law.

Martin and Mirken both said that Heller and his office told them after
the election last month, they needed only 51,337 signatures to
qualify. Mirken said, "As late as Nov. 19, Secretary of State Heller
was telling everybody involved, the 2002 election was the basis for
the signature requirement. The opinion simply doesn't pass the
straight-face test."

Martin said her group "Nevada Clean Indoor Air Act" was told after the
election by Heller's office that the count would be based on the 2002
election.

Heller denied his office ever talked with the parties after the
election, telling them that only 51,337 signatures were needed. He
said the backers of the initiatives talked with the local election
officials who wanted them to delay turning in the petitions because of
the work needed to get ready for the balloting.

"We never had any communications," Heller said. "They didn't get good
counsel."

He said the local election clerks told the supporters of the petition
they had "too much on their plate" in getting ready for the election
and suggested the initiatives be turned in after the balloting.

Alise Lee Haney, a spokeswoman for "Responsibly Protect Nevadans From
Second Hand Smoke Act" said "It would have been nice to know up front"
that the petitions needed 83,156 signatures.

She said legal action has not been considered. Haney, of the Rogich
Communications Group, said the Legislature in the past has been asked
to amend the smoking laws but has refused.

She said her group, composed of casinos representatives, tavern owners
and slot route operators, may try another initiative petition to show
the Legislature there is public support for imposing further limits on
smoking.

The petition to allow adults to have one ounce of marijuana had 69,261
valid signatures; the health group coalition gathered 64,871 names and
the casino-backed smoking limitations had 74,348 names.

Both anti-tobacco petitions would allow smoking in casinos. The health
group, composed of cancer, lung and heart organizations want to permit
smoking only in areas where minors are prohibited. The casinos
complain that would make smoking would be prohibited in hotel rooms.

Smoking would be allowed in taverns. The health groups wants to permit
smoking in bars only where there is incidental food service such as
peanuts, popcorn, chips, pretzels and other items that are not subject
to health licensing.

The two groups agree smoking should be prohibited in movie theaters,
video arcades and government buildings. Both would permit smoking in
strip clubs, brothels and retail tobacco stores.

Haney said the casino-backed smoking limitation recognizes the state's
dependence on tourism and is a "reasonable ban on smoking."

The health group however suggests a wider limitation to protect people
from smoking.
- ---
MAP posted-by: Derek