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News (Media Awareness Project) - US NV: Attorney General Opposes Question On Marijuana
Title:US NV: Attorney General Opposes Question On Marijuana
Published On:2002-10-18
Source:Las Vegas Review-Journal (NV)
Fetched On:2008-01-21 22:13:57
ATTORNEY GENERAL OPPOSES QUESTION ON MARIJUANA

Children's Drug Use Would Increase, State Official Says

CARSON CITY -- Ending months of silence on the issue, Attorney General
Frankie Sue Del Papa announced Thursday that her office opposes the ballot
question to legalize marijuana.

Del Papa said if Question 9 receives voter approval, more Nevada children
would gain access to marijuana and the state would be in conflict with
federal anti-marijuana laws.

A statement released by the office also said the following:

i The measure would "effectively overrule" Nevada's possession with intent
to sell statute and "give street dealers the liberty to possess for sale a
significant amount of the drug." Unless the seller is caught in the act,
prosecution of drug dealers with three ounces or less would be "effectively
precluded."

i Nevada could not administer a state-run system to supply marijuana
without incurring "possible civil liability on a large scale." The state,
particularly if it generates tax revenue, could open itself to lawsuits
filed by victims of intoxicated drivers and product liability lawsuits
filed by smokers who develop lung cancer.

Del Papa and Chief Deputy Attorney General Gerald Gardner cited what
happened in Alaska in 1975 as a reason why Nevadans should oppose the
question, which would allow adults to possess 3 ounces or less of marijuana.

They said marijuana use by teenagers in Alaska grew to double the national
rate when adults were allowed to use the drug without criminal penalties.
Alaska voters decided to recriminalize marijuana in 1990.

The attorney general said Nevada prisons are not overrun with people
convicted of marijuana possession offenses. She said only two people are
incarcerated for possession offenses: one who was judged a habitual
criminal and one who repeatedly failed drug treatment programs.

She said a television advertisement by Nevadans for Responsible Law
Enforcement, which is backing the question, implies her office supports
Question 9. The ad is "misleading, even deceptive," Del Papa said.

The organization gathered 110,000 signatures on petitions to place Question
9 before voters. The ballot measure must pass in November and again in 2004
before marijuana use would be legal in the state.

Billy Rogers, leader of Nevadans for Responsible Law Enforcement, said the
advertisement "could not have been more clear."

The ad said the secretary of state and attorney general offices wrote the
explanation for Question 9 on election ballots. A voice then read the
ballot question. A small disclaimer at the start of the ad said Question 9
did not necessarily have the support of Del Papa and the secretary of the
state.

"We quoted directly from the official explanation," Rogers said. "We sent
them a copy of the ad three weeks ago. This is the first I heard they have
a problem with it."

He questioned the accuracy of the attorney general's statements about
marijuana use in Alaska and said Question 9 opponents have made mistakes
during the campaign.

The drug was recriminalized by Alaska voters in 1990, but a judge threw out
the election results. The state currently has minor penalties for people
people who possess pot. Alaska voters in 2000 defeated a ballot question,
similar to Question 9, that would have made marijuana possession legal for
adults.

Rogers said for Del Papa's office to suggest Nevada would incur civil
liability for sale of marijuana is ludicrous. He said the state "never has
had to pay a penny in damages for licensing 7-Elevens and other retail
stores to sell cigarettes."
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