MARIJUANA MARKET INITIATIVE PLANNED

CARSON CITY -- Backers of pot decriminalization are pushing a plan
that would establish marijuana markets, stores licensed to sell pot
and taxed by the state.

A group behind an unsuccessful plan that would have allowed adults to
possess up to one ounce of marijuana without facing a criminal charge
has started a new initiative petition to decriminalize pot in Nevada.

If the signature-gathering effort succeeds, the marijauna markets
proposal would then be considered by the 2005 Legislature.

The Committee to Regulate and Control Marijuana filed its petition
Monday with Secretary of State Dean Heller and it has until Nov. 9 to
collect 51,337 signatures of registered voters.

"It's going to be close but we're confident we can get them," Larry
Sandell, campaign manager for the committee, said.

The organization circulated a previous petition to amend the Nevada
Constitution, but didn't get the required signatures by the deadline.
It is appealing this case to the 9th U.S. Circuit Court of Appeal.

If the committee secures the signatures on the new petition, it will
be presented to the 2005 Legislature, which must act on it within 40
days. If the Legislature does not act or if it changes the petition,
the issue will go on the 2006 election ballot.

Sandell said Nevada would be the first state to set up a system of
regulation. But he said a question on the Alaska ballot this election
will deal with permitting marijuana.

The new Nevada initiative says, "Rather than spending millions of
taxpayer dollars arresting marijuana users, the state of Nevada should
instead generate millions of dollars by taxing and regulating
marijuana, and earmark part of these revenues to prevent and treat the
abuse of marijuana, tobacco, alcohol and other drugs."

It said by allowing those 21 and older to use marijuana in their
homes, police would have more time to prevent and investigate serious
crimes such as murder, rape, assault, robbery and driving under the
influence of drugs and alcohol.

The state would license wholesalers and retailers to sell the drug.
Each would pay $1,000 for an initial license and $1,000 annually for
the permit.

A retailer or wholesaler could not locate within 500 feet of a school
or church. Licenses for selling the drug would not be issued to gas
stations, convenience stores, grocery stores, nightclubs, gaming
casinos or dance halls. Those businesses that sold liquor would be
barred from having a permit to sell marijuana.

The proposed initiative would continue to prohibit a person from
driving under the influence of marijuana. It would also prohibit
possessing marijuana in a public place, jail or public school.

The original petition to amend the Constitution was declared invalid
because some of the signatures were gathered from people who signed up
to vote at the time or after they signed the petition.

A panel of 9th U.S. Circuit Court of Appeals rejected the claim of the
marijuana proponents that those signatures should be counted. The
group is now asking for a hearing before the full court.

Sandell said if the group gets the question on the ballot for the
constitutional change, it would probably drop its second petition.