MEDICAL MARIJUANA ADVOCATES APPEAL TO SALVAGE NEVADA BALLOT QUESTION

CARSON CITY - Advocates of Nevada's medical marijuana ballot proposal,
rejected for the lack of just 43 valid signatures, appealed Tuesday and
presented audits to show they had enough names to qualify.

The appeal to Secretary of State Dean Heller was submitted by Las Vegas
lawyer Don Campbell, representing Nevadans for Medical Rights and Americans
for Medical Rights.

Heller said last week that a review he ordered showed the proposal was 36
signatures shy of the minimum needed in Nye County, and seven names short
in Lyon County.

Advocates of the plan submitted 74,466 signatures on their petition,
seemingly far above the minimum statewide total of 46,764 signatures for
any petitions seeking a spot on November's ballot.

But Nevada law requires that the total must include 10 percent of the
registered voters in 13 of Nevada's 17 counties. Signatures were gathered
only in the minimum 13, and the proponents couldn't afford to lose a single
county.

Campbell said Progressive Campaigns Inc., which collected the signatures,
performed independent reviews in both of the rural Nevada counties, and in
Lyon got a deputy clerk to agree that at least 25 rejected signatures were
valid. That more than erases the 7-name deficit, he said.

In Nye, Campbell said a combination of math errors and improperly rejected
signatures caused a shortfall, and when those names are included the
petitioners are at least three dozen signatures over the minimum - not 36
shy.

The count would climb even higher if Heller would direct Nye County to
accept 90 signatures delivered on the final day for submissions a few
minutes after the clerk's office closed in Tonopah, Campbell said. Two
women delivering those names were delayed by a traffic stop.

The appeal asks for a prompt investigation by the secretary of state. If
Heller goes ahead, that would mean a check of each of the names that
Campbell claims are valid.

If the appeal is rejected, the advocates could take their case to court.

The medical marijuana initiative would let people, on the advice of
physicians, use marijuana for curing or relieving pain in a number of
illnesses such as cancer and AIDS. Minors would have to receive permission
from their parents and the doctor.

A registry of patients authorized to use marijuana for medical purposes
would be available to police if they needed to verify a claim that it's
being legally used by someone.

The proposal needed voter approval this November and again in November 2000
before it could take effect.

The move in Nevada was started by members of the same group that launched a
successful 1996 medical marijuana petition in California. But a big legal
battle developed over distribution through "cannabis clubs" in that state.

However, the Nevada advocates had said the problems that occurred in
California wouldn't happen here.

And even though Nevada's laws against marijuana are much harsher than
California's, the advocates thought voters would support the initiative
because Nevadans are so protective of individual rights.

Checked-by: (Joel W. Johnson)