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Grass in the Desert 1: CRCM vs. CCC in the battle to regulate and tax marijuana in Nevada through Ballot Question No. 7

California Politics Today #677

Las Vegas and Carson City, Nevada
October 20, 2006

by Marc Strassman
Reporter
Etopia Entertainment News
Etopia News

marijuana, in a DEA photo

For an update of this article featuring a video interview with Committee to Regulate and Control Marijuana spokesperson Patrick Killen, click here


Committee to Regulate and Control Marijuana wants to pass Nevada Ballot Question No. 7 on November 7th

The Committee to Regulate and Control Marijuana (CRCM) submitted an initiative to the Nevada Legislature that would have regulated and taxed marijuana within the State of Nevada, but the Legislature refused to pass it and so its proposal went onto the November 7, 2006, Nevada ballot as State Question No. 7, which asks Nevada voters:

"Shall Titles 32, 40 and 43 of the Nevada Revised Statutes be amended in order to allow and regulate the sale, use and possession of one ounce or less of marijuana by persons at least 21 years of age, impose licensing requirements on marijuana retailers and wholesalers, allow for the sale of marijuana by licensed marijuana retailers and wholesalers, impose taxes and restrictions on the wholesale and retail sale of marijuana, and to increase the criminal penalties for causing death or substantial bodily harm when driving while under the influence of drugs or alcohol?"

Clark County Commission votes to go on record opposing Ballot Question No. 7

On September 19, 2006, the Clark County Commission (CCC), the local governing board of Clark County, which describes itself as:

"home to the world-famous Las Vegas Strip, heart of the Entertainment Capital of the World and site of 14 of the nation's 15 largest hotels. This jewel in the desert lures many of the 38 million tourists who come to the Las Vegas community each year to enjoy its world-class entertainment and hospitality, splendid casinos, fine restaurants and dazzling array of shopping venues."

passed a "RESOLUTION OPPOSING STATE QUESTION NO. 7," which stated that:

"WHEREAS, this Board believes that smoking marijuana impairs judgment, is harmful to the health of the users, and likely would result in increased health problems and health costs to the community; and

"WHEREAS, this Board also believes that legalizing use, possession or sale of marijuana would result in increased criminal activity, and create rippling negative effects in our community.

"NOW, THEREFORE, BE IT RESOLVED that the Clark County Board of County Commissioners does hereby oppose, and authorizes the Chairman to sign a resolution opposing, State Question No. 7 and all efforts to legalize the use of marijuana in Nevada."

CRCM complains and alleges that CC broke the law in opposing Ballot Question No. 7

On September 20, 2006, CRCM filed a formal complaint with Nevada Attorney General George J. Chanos (R), "asking him to intervene against public officials who have taken action to oppose Question 7, the ballot initiative to tax and regulate marijuana in Nevada," alleging that the action taken in opposition to Ballot Question No. 7 by CCC constituted a violation of Nevada Revised Statutes 281.554(1)(a), which "prohibit[s] public officers – including County Commission members and law enforcement officials – from expending public funds, time, or resources in support of or in opposition to a ballot question."

Clark County Commission responds

The CC struck back at CRCM in a press release issued yesterday entitled "Anti-Marijuana Resolution Appropriate, County Argues," in which it says:

"The Committee to Regulate and Control Marijuana (CRCM) today announced it was filing an emergency petition for writ of mandamus in District Court, asking for an injunction to halt the use of tax dollars by public officials to oppose the passage of Question 7.

"County officials, in response, said their actions were entirely appropriate and within the law.

"The Clark County Commission on Sept. 19 unanimously passed a resolution opposing the passage of the question. The board voted after consulting with the District Attorney’s Office to ensure their action complied with state law.

"'The County Commission did not use taxpayer dollars in any substantive fashion to express their views on the marijuana initiative,' board counsel Mary-Anne Miller said. 'The board already had a meeting scheduled for that time, and any time spent on expressing their views was nominal. Further, persons with opposing viewpoints were given equal opportunity to express their views. Since the commissioners were expressing their viewpoint on an issue arguably within their jurisdiction, the requirements of the open meeting law had to be met, and for that reason, the matter was included on the agenda, with appropriate opportunity for opposing viewpoints. This is unlike the situation quoted by the marijuana proponents where a local government spent tax dollars mailing out information that could be construed as advocacy.'"

Ballot Question No. 7's chances of passing

A September 20, 2006, article in the Reno Gazette-Journal entitled "Marijuana initiative faces heavy opposition, poll shows," by Guy Clifton reported that:

"A Reno Gazette-Journal/KRNV News 4 statewide poll of 600 likely voters found across-the-board opposition to Question 7, the Marijuana Initiative, which would allow those 21 and older to legally possess, use and transfer 1 ounce or less of marijuana. It also would regulate sale of marijuana and increase criminal penalties for causing death or substantial bodily harm when driving under the influence of drugs or alcohol.

"The poll found 55 percent of likely voters against the proposal, 37 percent in favor and 8 percent undecided.

"The poll has a margin of error of 4 percentage points."

However, a report two days later in the Las Vegas Gazette-Journal, entitled "Ballot Initiative: Internal Poll Finds Support," by Molly Ball, said that:

"A ballot initiative to allow Nevadans to possess small amounts of marijuana for recreational use has a better chance of passing than most people think, according to a newly released internal poll conducted on behalf of the proposal's backers.

"In the new poll, respondents were read the actual text that will appear on their November ballots. Of the 600 likely Nevada voters interviewed statewide by a respected national polling firm, 49 percent said they would vote yes on the question and 43 percent said no.

"Previously, survey after survey has shown that Nevadans are resistant to a ballot initiative that would, in its words, 'control and regulate marijuana.' But those results, such as a recent Reno Gazette-Journal poll that found 55 percent of likely voters opposed to the measure and just 37 percent in favor of it, were misleading because they asked the wrong question, advocates of the marijuana initiative said.

"Other polls on the initiative have tended to ask whether respondents favored a move to 'legalize' marijuana, a word that doesn't appear in the ballot language, said Neal Levine, campaign manager for the Committee to Regulate and Control Marijuana, the Nevada initiative's backers. The committee is largely supported by the Washington, D.C., based Marijuana Policy Project, a pro-legalization group.

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