MARIJUANA USE MEASURE NOT GONE TO POT

whether an illegal drug should be available to ease patients' suffering.

CARSON CITY -- Voters in November will take a step toward determining
whether marijuana can be prescribed for medical purposes in Nevada.

"Let the debate begin," said Secretary of State Dean Heller on Monday after
determining that the initiative petition qualified after all in two
contested counties.

A spokesman for Americans for Medical Rights, which circulated petitions in
13 of 17 Nevada counties to qualify the measure for the ballot, said the
group was elated by Heller's findings.

"I was more nervous during the signature collection phase than during the
challenge phase," said spokesman Dave Fratello. "The logistics were so
difficult, with petitions circulating all over the state and the clock
ticking.

"I wish we had never gotten to the point of failing and seeing it revived,
but it's a great vindication," he continued.

Getting on the ballot is just one step in a lengthy process. Voters then
must approve the proposal in the November general election.

An amendment to the state constitution, voters will have to approve the
measure a second time in November 2000 before it becomes law. The ballot
question appeared to be in doubt when the necessary signatures from
registered voters were found to be short in two counties.

A count in Lyon County found the petition seven signatures short. A review
by Nye County officials likewise found the measure 36 signatures short. The
group needed to qualify the measure in all 13 counties where petitions were
circulated to get it on the ballot.

The group appealed the findings of signature shortfalls to Heller. It cited
several instances where signatures should have been counted. A math error
also was identified.

In Lyon County, 25 signatures previously rejected were validated by Heller,
raising the total to 1,000, or 18 more than needed. In Nye County, 21
previously rejected signatures were validated. The review also disclosed a
math error, adding another 30 signatures to the total.

The 51 additional valid signatures brought the Nye County total to 941, or
15 more than needed.

Most of the signatures determined to be valid upon review initially were
rejected because the clerks could not read the names or because of
questions about whether those who signed were registered to vote at the
time they signed.

The 46 signatures in the two counties were identified upon review to be
properly registered voters in the two counties. "In this entire process,
from its inception to its conclusion, two principles stand without
question," Heller said.

"The first is the right to petition. The second is that the end result be
valid." Colby Williams, an attorney who helped Americans for Medical Rights
challenge the Nye and Lyon county results, said that while the process of
qualifying the petition for the ballot has been long, the final result is
worth the effort.

"We're extremely happy with the results," he said. "We look forward to the
upcoming campaign and the ballot vote."

Williams said the professional investigation by Heller and his staff was
particularly important because of actions in Nye County that could have
kept the question off the ballot for all Nevada voters.

Nye County officials initially did not count a number of signatures that
later were added to the total upon direction from Heller. They did not
count 400 signatures because of a variety of errors, including the lack of
addresses or dates by some who signed the petition.

Heller, citing a 1994 interpretation of the signature verification process
by his office, said these signatures should be checked and counted if they
were signed in ink by registered voters.

The medical marijuana initiative proposes to allow a patient to use
marijuana upon the advice of a physician for "treatment or alleviation" of
cancer, glaucoma, AIDS, persistent nausea, epilepsy, multiple sclerosis and
other medical problems.

The proposal is one of five the group is putting on the ballot in states
this year. In addition to Nevada, proposals already have been qualified in
Alaska, Washington and Oregon.

The group is waiting to hear this week from Colorado, but Fratello said he
is optimistic that it will qualify.

The proposals have drawn opposition from individuals and groups concerned
that the ballot questions are a step toward legalization of marijuana.

Lt. Stan Olsen of the Metropolitan Police Department said such a measure
would open the door to abuse unless the use of marijuana is tightly regulated.

"Law enforcement will probably want to ensure there are significant
controls to avoid even the hint of abuse," he said.

Olsen questioned why a group would push for the medical use of marijuana
when there are so many other drugs on the market to help people with
problems such as pain or nausea.

"With all the modern medications, why not find something already available
rather than a substance that is abused by the public," he said.

Fratello said there is no hidden agenda by the group to legalize marijuana.

The drug has proved to be beneficial in some medical situations, but
national drug policy has made marijuana unavailable because of political
considerations, he said.

Americans for Medical Rights is simply using the same political process to
put pressure on policy-makers to allow legitimate use of the drug, Fratello
said.

Checked-by: Mike Gogulski