MARIJUANA ISSUE SOUNDLY DEFEATED

An effort to make Nevada the first state in the nation to legalize marijuana
possession failed when Question 9 went down to defeat in Tuesday's general
election.

Question 9 was defeated by a margin of 61 percent to 39 percent.

The proposed amendment to Nevada's constitution would have legalized
possession of up to 3 ounces of marijuana for adults in the privacy of their
homes. It would have directed the state to grow the marijuana or have it
cultivated under contract, and would have provided for its sale in stores
licensed by the state.

The initiative drew national attention, including a Time magazine cover
story that highlighted the Question 9 effort.

Billy Rogers, who coordinated the Question 9 campaign, said it was too early
to tell whether proponents will take another stab at this issue in the 2004
general election.

Assemblywoman Chris Giunchigliani, D-Las Vegas, a consultant to the
pro-Question 9 campaign, said the Marijuana Policy Project of Washington,
which financed the campaign, will probably decide by the beginning of next
year whether to try again in Nevada.

"I felt great about what we accomplished," Giunchigliani said. "I know we
turned out the under-55 vote more than we had done before. But I think we
could have done better had we had more at the top of the Democratic ticket."

Question 9 foe and Las Vegas resident Sandy Heverly, executive director of
Stop DUI, said the people of Nevada "aren't stupid and they saw through the
smoke screen, pardon the pun."

"They thought we were an easy mark because of the image of Las Vegas that
everything goes," Heverly said. "What they didn't understand about Las Vegas
is that when you get away from the glow of the Strip you have Nevadans going
to work and raising their kids in a drug-free atmosphere."

Rogers, director of state policies for the Marijuana Policy Project and head
of Nevadans for Responsible Law Enforcement, blamed the defeat of Question 9
on three factors.

"What we were hurt by was a conservative wave that swept across Nevada and
the rest of the nation," Rogers said. "We knew we were going to get beat
very badly by Republicans."

The measure also was hurt by a string of automobile fatalities in Nevada in
which the drivers were convicted of being under the influence of marijuana,
he said.

He cited the Aug. 9 death of Las Vegas Sun vice president and columnist
Sandy Thompson, which caused her family to speak out against Question 9.
John Simbrat pleaded guilty to causing her death and driving under the
influence of marijuana.

"It's hard to argue with the Thompson family," Rogers said.

He said the third factor was an anti-marijuana advertising campaign led by
federal drug czar John Walters.

"The national advertising campaign clearly had an impact, and they were
running the ads on prime-time TV," Rogers said. "I saw the drug czar spots
as much as I saw our spots."

Because state constitutional amendments must be approved in two consecutive
general elections, Question 9 also would have had to pass in 2004 before
becoming effective the following year.

But because the measure didn't succeed the first time out, it is
questionable whether Question 9 proponents will fare any better if they take
another stab at the issue in 2004. It also remains unknown whether the
federal government would have prevented marijuana from being sold, since
marijuana possession remains illegal under federal law.

Question 9 foe Todd Raybuck, a Metro narcotics detective, said he expects
proponents to try in Nevada again.

"Proponents used us as a guinea pig because of the perception that we're an
easy state, a go-for-anything state. This should tell the rest of the people
in this country that there are people in this state that do not want to be
used as guinea pigs."

Although proponents had a decided advantage in terms of television
advertisements, foes of the marijuana initiative were able to convince the
public that legalization would contribute to more traffic accidents and
access to drugs by children.

Proponents argued that legalization would have freed up law enforcement to
concentrate on more serious crimes and was an activity responsible adults
should be allowed to perform in the privacy of their homes without fear of
prosecution. They also argued that the measure would have made it easier for
patients to get marijuana for medicinal purposes.

"Our success in this campaign is that we created a national debate on this
issue," Rogers said. "Regardless of the outcome of this election, that
debate will continue. Change is difficult and the people of Nevada told us
that change is difficult for them.

"We didn't push so hard for Question 9 because we wanted to smoke pot, but
we worked hard for Question 9 because we wanted to change a bad law."

The Marijuana Policy Project, the pro-marijuana organization, counts as its
main backer billionaire auto insurance executive Peter Lewis of Cleveland.
That organization formed Nevadans for Responsible Law Enforcement, which
gathered 110,000 signatures statewide to get the measure on the ballot.