MARIJUANA RULING APPEALED

9th U.S. Circuit Court Of Appeals Asked To Allow Ballot Measure

CARSON CITY -- The group that wants Nevada voters to legalize marijuana
asked an appeals court Friday to reconsider a decision that left their
petition just short of qualifying for the November ballot.

"We saw there was one more opportunity and we decided to take it," said
Jennifer Knight, communications director for the Committee to Regulate and
Control Marijuana. "It is something we felt we should do for the voters."

The committee circulated a petition that Secretary of State Dean Heller
ruled fell 1,925 signatures short of the 51,337 minimum needed to qualify
for the Nov. 2 ballot.

The group appealed to the 9th U.S. Circuit Court of Appeals to allow them
to count about 2,000 signatures that U.S. District Judge James Mahan
disqualified.

The signatures of people who registered to vote on the day they signed the
marijuana petition were rejected if their voter applications were not
turned in or mailed to election departments on the same day.

In a 2-1 decision Wednesday, the appeals court threw out the committee's
appeal. The majority held the signatures could not be counted in part
because there was no guarantee the voter applications ever would be turned
into proper authorities. In Nevada, only registered voters can sign petitions.

In seeking a rehearing, the committee and the American Civil Liberties
Union want a full panel of judges to hear their case. The appeals court has
28 judges and a hearing before 11 of them is considered an "en banc," or
full court hearing.

Last year the court granted new hearings before the full court only 12
times out of 972 requests, according to a court spokesman.

"Ultimately, we decided to have this issue thoroughly discussed by a larger
panel of judges because the dissenting opinion was so much more compelling
than the majority ruling," Knight said.

The committee wants voters to approve a constitutional amendment to allow
adults legally to posses an ounce of marijuana or less. It would need voter
approval in November and in 2006.

The proposal also would increase penalties for vehicular manslaughter while
under the influence of intoxicants and penalties for furnishing marijuana
to minors.

Knight said her group has suspended its television advertising campaign
pending a decision on whether the proposal goes on the ballot.