VOTERS LIKELY TO DECIDE ON SMOKING AND POT ISSUES

CARSON CITY -- It appears that legislators will turn a cold shoulder
to three initiative petitions that would regulate smoking and marijuana.

If they do, the measures will automatically go to the ballot in 2006
for voters to decide.

Advocates of the two smoking petitions presented their case in front
of the Assembly Judiciary Committee on Wednesday. But after two hours
of testimony, chairman Bernie Anderson, D-Reno, said he'd rather leave
the smoking issues up to the public.

"The only vote that we have is a yes vote," he said. "If we were to
move either one of these that would take it out of the prerogative of
the public to take up this issue."

Anderson did say he has concerns about some public smoking, including
at grocery stores, that he hopes to address in other ways.

Also on Wednesday, Speaker Richard Perkins, D-Henderson, held a press
conference to reiterate his opposition to a measure that would
legalize up to one ounce of marijuana.

Perkins, a deputy chief with the Henderson Police Department, said he
believes marijuana is a gateway drug, and that legalizing small
amounts would send a bad message to children.

Perkins wouldn't confirm if he had directed Assembly members to kill
the bill, saying only "I'll use every bit of influence I'll have," to
stop the measure.

Still, Anderson did schedule a hearing for the marijuana bill for this
morning, saying he believes people should hear both sides of the issue
since they will likely take it up at the ballot.

Proponents of the marijuana bill said they are glad they will get a
chance to present their side of the issue in today's Judiciary
committee. Kami Dempsey, a lobbyist for the Marijuana Policy Project,
a national group that is pushing the measure, said she was glad that
Anderson allotted equal time for both sides of the debate.

"We knew it was going to be a controversial and difficult issue," she
said.

Advocates of the measure argue it would toughen penalties for people
who drive under the influence and sell drugs to minors, allowing the
state to better regulate marijuana.

Testimony on the two smoking petitions was passionate Wednesday, as
health groups argued their petition would protect minors from
second-hand smoke and a group of convenience store owners argued they
could be put out of business.

Legislators were in a bind, though, because if they approved one
measure, the other one would go on the 2006 ballot, which could create
conflicting law. As it stands, both smoking measures will appear on
the 2006 ballot, and the one with the most votes will win.

The bills are vastly different, pointed out Assemblyman Garn Mabey,
R-Las Vegas, who said he thought the one pushed by health groups might
be too strict and one pushed by a consortium of business interests
wouldn't do enough.

But clean air advocates said they were forced to collect signatures
last fall because the Legislature hasn't done enough to protect people
from second-hand smoke.

"We ask you to not sacrifice the health of Nevada's citizens and
children to the tobacco industry," said Brooke Wong, director of
program services for the American Lung Association.

The Lung Association and other health groups are supporting the Nevada
Clean Indoor Air Act, which would outlaw smoking in most public areas,
except where minors are not allowed. The groups argue that they
protect the gaming industry, but opponents argue that smoking could be
banned in some gaming areas and hotel rooms.

Helen Foley, who spoke on behalf of the Clean Indoor Air Alliance,
said the major different between the two smoking initiatives is that
the health groups wouldn't allow smoking in gaming areas of grocery
and convenience stores.

It's impossible to truly ventilate or wall off smoking areas, she
said.

"There's still an awful lot of tobacco smoke that infiltrates the
stores," she said. "People have a difficult time shopping when the
have respiratory problems."

Representatives of another group that gathered signatures, Protecting
Nevadans from Secondhand Smoke, said they have a more reasonable petition.

The group includes retailers, representatives of gaming companies,
convenience store owners, liquor distributors and the Las Vegas
Chamber of Commerce, said Sean Higgins, president of the Nevada Retail
Gaming Association.

The petition would ban smoking in public areas such as restaurants and
convenience stores, except around gaming areas or bars, which restrict
minors.

"We propose to restrict smoking in places where minors are typically
present and allow it in areas adults use only," Higgins said.

Convenience store owners gave some of the most passionate testimony of
the day, saying that 30 percent or more of their revenue can come from
slot machines, and that 35 percent of people who play slot machines
are smokers.