VOTERS SPLIT ON MARIJUANA ISSUE

Poll Finds Opinion Divided On Making Small Amounts Legal

CARSON CITY -- Nevadans are divided on whether they would vote for a
constitutional amendment to legalize possession of 3 ounces or less of
marijuana, a new statewide poll shows.

The survey found 44 percent of respondents back the initiative to legalize
marijuana that will be on November statewide election ballots. Forty-six
percent oppose the idea, and the other 10 percent are undecided.

Mason-Dixon Polling & Research Inc., which conducted the survey for the
Review-Journal and reviewjournal.com, also asked Nevadans their views on
two other state issues: the Protection of Marriage initiative and on
whether the current ban on a state income tax should be repealed.

Fifty-five percent of the 625 registered voters polled support recognition
of marriage only if it is between a male and female; 38 percent oppose the
proposal, and 7 percent are undecided. The initiative, Question 2, was
approved by nearly 70 percent of voters two years ago and would become part
of the state constitution if approved again in November.

The poll also found Nevadans overwhelmingly oppose any move to lift the
12-year-old constitutional ban on a state income tax. The survey found 68
percent of voters support continuing the ban, while 19 percent would lift
the prohibition. Thirteen percent were undecided.

The survey has a margin of error of no more than plus or minus 4 percentage
points.

The results on the marijuana question are good news for those who support
legal pot, said Billy Rogers, a spokesman for Nevadans for Responsible Law
Enforcement. His organization secured enough signatures to put the question
on the ballot.

"We know most people in Nevada don't think we should arrest people for
small amounts of marijuana," Rogers said.

The poll only asked people if they favored amending the state constitution
to make possession of 3 ounces or less of marijuana "not a cause for
arrest." Rogers said the proposal actually does much more.

The plan still makes possession by minors a crime and prohibits the use of
marijuana in public and by drivers.

In addition, it calls for the state to provide low-cost marijuana to people
who have permission to use the drug for medical reasons. About 190 Nevadans
are permitted under the state's current medical marijuana law to grow pot
to treat their illnesses.

"Our initiative certainly does not legalize use for people who use
marijuana irresponsibly," Rogers said.

But Brad Coker, managing director of the Washington, D.C.-based polling
firm, predicted support for legal marijuana will decline in coming months,
and the proposition will lose in November. The plan needs approval this
year and again in 2004 to amend the state constitution.

"Undecided voters tend to break no," Coker said.

"Some people see this as a novel idea, but I predict support will drop."

Coker expects law enforcement groups will mount a campaign that will be
hard for Rogers' organization to overcome.

He added the legal marijuana question is far different than the medical
marijuana one approved by 65 percent of voters two years ago.

"Medical marijuana was a defensible issue," he said.

"It was letting sick people treat themselves to alleviate pain and suffering."

Richard Ziser, the leader of the Coalition for the Protection of Marriage,
was pleased with the poll showing 55 percent of Nevadans oppose recognizing
gay marriages, even though that percentage is down from two years ago.

"The awareness factor is way down," Ziser said.

"People don't realize it has to be on the ballot again. It is just a matter
of getting the message out."

He expects with a fall drive to publicize the campaign, backing for the
initiative will be around 70 percent again.

Ziser said passage is important because of a recent Georgia Supreme Court
decision. The court ruled Georgia would not recognize the marriage of a gay
couple who moved there after marrying in Vermont under that state's civil
marriage law. Georgia has a law similar to the one that Ziser's group wants
Nevada voters to adopt.

Without the constitutional amendment, Ziser maintained, Nevada would have
to honor civil union marriages from Vermont, the only state that allows gay
marriages.

But Gary Peck, executive director of the American Civil Liberties Union of
Nevada, said the proposal is divisive and unnecessary because Nevada
already has a law allowing only marriages between men and women.

"We should figure out ways to foster a sense of community," he said.

"This proposition is clearly designed to marginalize a group of people,
make it plain they are second-class citizens."

Though most people who support the proposition are not homophobic, Peck
said, that can't be said about some of the initiative's leaders.

He is encouraged that support for the question has dropped.

Nevada Taxpayers Association President Carole Vilardo was not surprised the
poll found 68 percent of voters oppose lifting the prohibition on a state
income tax.

Lifting the ban has been mentioned during hearings of the Governor's Task
Force on Tax Policy, but Vilardo does not believe it will be considered
seriously.

"You would have to do an awful lot of explanation to convince people (to
support income taxes)," Vilardo said.

"They would want to know what benefit they would get in return."