RURALS CONTROL MEDICAL MARIJUANA PROPOSAL

CARSON CITY (AP) - A medical marijuana proposal is struggling because of a
state law that gives more political power to rural Nevadans than Las
Vegas-or Reno-area residents.

The law dating to the 1950s has resulted in a requirement this year for
46,764 signatures on any proposal to qualify for the November ballot - and
the medical marijuana plan's advocates collected 74,466 names.

However, the law mandates that the signatures must come from at least 13 of
the state's 17 counties, and at least 10 percent of the voters in each of
those counties must sign.

Richard Siegel, a political science professor at the University of Nevada,
Reno says that "effectively gives more political power to the people in the
small counties than in the large counties."

In the case of the medical marijuana petition, two rural Nevada counties
control its future. Clerks there have been told to do more work on their
totals of verified signatures on the plan - that's dead unless their counts
go up.

Secretary of State Dean Heller told the Lyon County clerk's office
Wednesday to check all 1,391 signatures collected in that county to see if
there's a legal minimum of 982 valid names.

Fewer than half of the signatures were checked by the clerk's office
earlier, and only 329 were found to be valid.

In Nye County, Heller said an incomplete verification job was done and he
has asked for a second look at 207 names that were rejected earlier.

So far, Nye County Clerk Arte Robb has verified 752 signatures - but the
minimum requirement is 926.

Dr. Eleanore Bushnell's book on the Nevada Constitution says a requirement
similar to Nevada's was overturned by the U.S. Supreme Court in 1969
because it gave an edge to voters in outlying areas and discriminated
against residents of populous areas.

However, a 1975 opinion by then-state Attorney General Bob List makes a
case for constitutionality of Nevada's law by saying there's a difference
between introducing and enacting a proposal.

Bushnell wrote the assumption is that all voters will ultimately decide on
a ballot question even if it gets on the ballot through a method "that
overrepresents the people in the small counties."

The medical marijuana initiative would allow people, upon the advice of
physicians, to 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.

Checked-by: Mike Gogulski