Medical marijuana petition fails to qualify for Nevada ballot

CARSON CITY - The lack of just 43 valid signatures in two rural counties has sent Nevada's medical marijuana proposal up in smoke.

Secretary of State Dean Heller said Monday a review he ordered last week shows the proposal was 36 signatures shy of the minimum needed in Nye County, and seven names short in Lyon County.

Advocates of the plan submitted 74,466 signatures on their petition, seemingly far above the minimum statewide total of 46,764 signatures for any petitions seeking a spot on November's ballot.

But Nevada law requires that the total must include 10 percent of the registered voters in 13 of Nevada's 17 counties. Signatures were gathered only in the minimum 13, and the proponents couldn't afford to lose a single county.

"We're taking a look at our options," said Dan Hart, a spokesman for the petition advocates. The group can appeal to Heller or go to court in an effort to get the question on the ballot.

The medical marijuana initiative would let people, on the advice of physicians, use marijuana for curing or relieving pain in a number of illnesses such as cancer and AIDS. Minors would have to receive permission from their parents and the doctor.

A registry of patients authorized to use marijuana for medical purposes would be available to police if they needed to verify a claim that it's being legally used by someone.

The proposal needed voter approval this November and again in November 2000 before it could take effect.

The move in Nevada was started by members of the same group that launched a successful 1996 medical marijuana petition in California. But a big legal battle developed over distribution through "cannabis clubs" in that state.

However, the Nevada advocates had said the problems that occurred in California wouldn't happen here.

And even though Nevada's laws against marijuana are much harsher than California's, the advocates thought voters would support the initiative because Nevadans are so protective of individual rights.

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