PETITIONS' BACKERS EXPECT DEFEAT IN LEGISLATURE

Activists for Marijuana Legalization, Smoking Restrictions Look to 06 Election

CARSON CITY -- Petitions that would restrict smoking in public places
and a measure to legalize marijuana are unlikely to win the
Legislature's approval before a March 18 deadline, supporters said.

Assembly Speaker Richard Perkins, D-Henderson, predicted in opening
the Assembly on Feb. 7 that legislators would not legalize marijuana.
And backers of the two anti-smoking petitions are familiar with the
Assembly Judiciary Committee's history of dumping previous proposals
to restrict smoking.

Two years ago, the committee failed to take a vote on a bill to
prohibit smoking on school grounds and in grocery stores and
restaurants, although two-thirds of voters in Clark and Washoe
counties requested the ban in advisory questions.

Bruce Mirken, director of communications for the Marijuana Policy
Project, said his group assumed the Legislature would ignore its
petition. He counts on Nevada voters approving legalization of an
ounce or less of marijuana in the November 2006 election.

"He (Perkins) may have some say in the Legislature," Mirken said. "But
fortunately we don't live in a dictatorship. If the Legislature
doesn't pass it, the people get to decide."

Buffy Martin, government relations director for the American Cancer
Society, said backers of the smoking restrictions "have been planning
all along, knowing our history with any kind of smoking legislation,
for it to go to the ballot."

Martin said, "Of course, it would be wonderful if the Legislature
stepped up for public health."

The anti-smoking petitions will be heard Wednesday by the Assembly
Judiciary Committee. The marijuana petition hearing will be Thursday
before the same committee.

Perkins, a deputy chief with the Henderson Police Department, last
week repeated his opposition to marijuana. He predicted voters next
year will defeat the ballot question to legalize marijuana.

During the 2002 election, 39 percent of Nevada voters backed a ballot
question to legalize possession of 3 ounces of marijuana or less.

But Kami Dempsey, spokeswoman for the Marijuana Policy Project's
Committee to Regulate and Control Marijuana, expects more support next
year because the proposal calls for legalization of up to 1 ounce.

Last fall, the Committee to Regulate and Control Marijuana, the
Responsibly Protect Nevadans From Second-Hand Smoke and the Nevada
Clean Indoor Air Act collected signatures on petitions requesting
legislators to change laws on pot and smoking.

Secretary of State Dean Heller decided the petitions fell short of the
number of signatures to require the Legislature to act. But U.S.
District Judge James Mahan on Jan. 28 overturned Heller and ordered
lawmakers to consider them.

Under the state constitution, when a group submits a petition to
change a state law, the Legislature has 40 days to approve it. If
lawmakers ignore or reject the petition, it automatically is placed on
the ballot on the next general election.

If voters approve the petitions, the state constitution prevents the
Legislature from making any changes in the new laws for three years.

But if legislators did adopt anti-smoking legislation now, they would
be injecting themselves into a spat between two anti-smoking groups.

"Since you have two competing petitions, there is zero sum gain if we
act," said Sen. Mark Amodei, R-Carson City, the Senate Judiciary
Committee chairman.

Martin considers the petition from the Responsibly Protect Citizens
From Second-Hand group nothing more than a wolf in sheep's clothing.
She said its financial backers are slot-route operators and others who
want to continue to allow smoking.

"They are filing lawsuits to try to pull us off the ballot," Martin
added. "They know if we go on the ballot, we will win."

Under the state constitution, if competing petitions appear on the
ballot, then the one that draws the most votes is the winner. The
Legislature could put its own anti-smoking petition up for a public
vote, but Buckley doubts people want "three dueling petitions."

Martin represents the Nevada Clean Indoor Air Act, whose members are
the American Cancer Society, the American Heart Association and the
American Lung Association.

Under its petition, smoking would be banned everywhere on school
grounds, in day care centers, grocery and convenience stores,
restaurants -- including those in casinos -- malls, video arcades and
bars that serve meals. Smoking would be permitted in gaming areas of
casinos.

The petition by Responsibly Protect Nevadans From Second-Hand Smoke
would allow smoking to continue in slot machine sections of grocery
and convenience stores and in areas in bars and restaurants restricted
to people over 21. Smoking would be outlawed in most day care centers,
on school grounds and video arcades.

Jim Avance, legislative lobbyist for slot route companies, said that
the petition keeps the status quo on smoking negotiated by his
industry with the Legislature over the past 15 years. Slot route
companies operate slot machines found in convenience stores and
supermarkets.

Lee Haney, a spokesman for Responsibly Protect Nevadans From
Second-Hand Smoke, said the petition protects children from
second-hand smoke, while recognizing that Nevada has a
tourist-dependent economy and that many tourists want to smoke.