EASING MARIJUANA PENALTIES

Initiative Would Bring Compassion And Common Sense To Drug Laws

In 1998, 59 percent of Nevada voters backed a ballot initiative allowing
residents who receive a prescription from a physician to use marijuana for
medicinal purposes. Two years later, the same measure garnered 65 percent
support. As a result, the state constitution was amended and the Legislature
enacted laws implementing the initiative.

Still, a cloud of legal ambiguity hangs over the medicinal marijuana
program. Possession of marijuana in any amount remains a federal offense.
And despite the medical marijuana referendum, Nevada retains the most
Draconian set of marijuana penalties in the nation, assessing felony charges
to anyone who is caught with pot but not covered by the medical marijuana
program ... or enrolled in the program but in possession of more than the
seven plants permissible under law.

Silver State voters may have the opportunity to ease these unnecessarily
harsh penalties. Another initiative -- pending qualification for November's
ballot -- would amend the constitution, legalizing possession of as much as
3 ounces of marijuana by any adult. If approved by voters this fall and
again in 2004, Nevada's marijuana penalties would become the nation's most
lenient.

Organizers of the referendum -- who have delivered 109,000 signatures to
Carson City -- say they singled out Nevada because our ballot access
requirements are easier to meet than those in other states, some of which
prohibit voter-led initiative drives. Drug reformers also cite the state's
solid support for the medical marijuana amendment as a favorable sign for
their new ballot measure.

There's little doubt this proposal will be blasted by religious groups and
law enforcement agencies. And even if the initiative passes, federal
penalties against marijuana possession would remain in effect.

Still, this measure offers Nevadans an opportunity to bring sanity to the
state's overly burdensome drug enforcement policy. Appropriate penalties
would remain for marijuana possession by minors, public use of the
substance, and drivers who operate motor vehicles while impaired.

But the measure would end the needless harassment of individuals who
peacefully and privately use marijuana -- including seriously ill patients
who should have some legal protection, not to mention peace of mind, because
they're covered by the medical marijuana program.

As a matter of compassion and common sense, the initiative is a promising
first step.