Medical marijuana advocates appeal to salvage Nevada ballot question

CARSON CITY - Advocates of Nevada's medical marijuana ballot proposal, rejected for the lack of just 43 valid signatures, appealed Tuesday and presented audits to show they had enough names to qualify.

The appeal to Secretary of State Dean Heller was submitted by Las Vegas lawyer Don Campbell, representing Nevadans for Medical Rights and Americans for Medical Rights.

Heller said last week that a review he ordered showed 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.

Campbell said Progressive Campaigns Inc., which collected the signatures, performed independent reviews in both of the rural Nevada counties, and in Lyon got a deputy clerk to agree that at least 25 rejected signatures were valid. That more than erases the 7-name deficit, he said.

In Nye, Campbell said a combination of math errors and improperly rejected signatures caused a shortfall, and when those names are included the petitioners are at least three dozen signatures over the minimum - not 36 shy.

The count would climb even higher if Heller would direct Nye County to accept 90 signatures delivered on the final day for submissions a few minutes after the clerk's office closed in Tonopah, Campbell said. Two women delivering those names were delayed by a traffic stop.

The appeal asks for a prompt investigation by the secretary of state. If Heller goes ahead, that would mean a check of each of the names that Campbell claims are valid.

If the appeal is rejected, the advocates could take their case to court.

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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