RENO, Nev. -- Organizers of a measure on Nevada's November ballot hope that voters in a state in which almost everything goes already will go one better and legalize marijuana.

If voters approve, Nevada would become the first state in the nation in which adults could legally possess up to 1 ounce of marijuana and conceivably purchase it at government-regulated and -taxed pot shops.

The Committee to Regulate and Control Marijuana, which has pushed medical marijuana and decriminalization laws around the country, thinks a state that embraces gambling, allows prostitution in rural counties and prides itself on its Western independence, is a perfect venue to legalize marijuana.

"All we're saying is, our marijuana laws completely do not work," said Neal Levine, executive director of the committee, which is largely funded by the Washington D.C.-based Marijuana Policy Project.

The group argues that the legal system wastes time and money on low-level marijuana offenses, and that taxing and regulating pot would put drug dealers out of business while freeing law enforcement to focus on violent crime and trafficking in narcotics, such as methamphetamine.

"Anyone who wants it can get it," Levine said. "Put it into a tightly controlled and regulated environment. We think that makes a lot of sense."

Opponents, including law enforcement, the nation's drug czar, and civic and business groups, argue the measure sends the wrong message. They say it will encourage the use of other drugs, and they question proponents' contentions that marijuana could be Nevada's newest cash cow because they say the state doesn't have the authority to regulate such substances.

"The fact is, growing, distributing and warehousing marijuana will still be a federal offense," said Todd Raybuck, a Las Vegas police officer and volunteer spokesman for the Committee to Keep Nevada Respectable, which opposes the measure.

Question 7 allows people 21 and older to possess 1 ounce of marijuana in their homes -- the same amount allowed under Nevada's medical-marijuana law.

Includes Excise Tax

Twelve states have decriminalized small amounts of marijuana and 12 allow its use for medical purposes. Possession of up to 1 ounce of marijuana at home is legal in Alaska under a court decision, but appeals are pending.

In November, South Dakota will vote on authorizing medical marijuana. Colorado voters will vote on a ballot measure that would legalize possession of up to 1 ounce of marijuana by those 21 and older, similar to an ordinance Denver voters approved last year.

But the Nevada measure goes further. It also directs Nevada's Department of Taxation to set up procedures to license and regulate marijuana growers, distributors and retailers. At the same time, it doubles penalties for selling or giving pot to minors and for vehicular manslaughter while under the influence of drugs or alcohol.

The legislation also imposes a $45 per ounce excise tax, the proceeds of which would be used to defray administrative costs. Remaining tax dollars would go to the state general fund, with 50 percent earmarked for alcohol, tobacco and substance abuse programs.

Revenue Estimate Questioned

A 2002 study by researchers at the University of Nevada, Las Vegas estimated taxing and regulating marijuana would generate $28.6 million in new state revenue.

But opponents counter that the touted benefits are pipe dreams, flawed by the reality of federal law, and they point out that since 2001 possession of an ounce or less in Nevada has been reduced to a misdemeanor punishable by a $600 fine.

A spokeswoman for the U.S. Attorney's Office in Nevada said the office doesn't comment on policy issues and referred questions to the Justice Department in Washington, D.C., which didn't respond to several phone calls and e-mails seeking comment.

In June, the U.S. Supreme Court ruled people who smoke marijuana for medical reasons can be prosecuted under federal drug laws.

Though officials have said it's unlikely federal authorities would target medicinal users, Raybuck said it's doubtful that federal agents would tolerate commercial pot ventures.

"The big question is, this goes beyond legalizing 1 ounce," Raybuck said. "How many pounds will they have in their warehouse? What community is going to open their streets and highways to tractor-trailer loads of weed?

"Even if we could set up pot farms and pot shops, it's not going to happen overnight," Raybuck added. That gap, he said, would invite criminal elements.

"It'd be a heyday," he said.

Here is a look at the status of marijuana laws in various states, including those that have decriminalized possession of up to 1 ounce of marijuana and approved use of marijuana for medical reasons:

. DECRIMINALIZED (12): Alaska, California, Colorado, Maine, Minnesota, Mississippi, Nebraska, Nevada, New York, North Carolina, Ohio, Oregon.

. MEDICAL MARIJUANA (12): Alaska, Arizona, California, Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Rhode Island, Vermont, Washington.

. LEGAL (1): It currently is legal in Alaska to possess up to 1 ounce in the privacy of your own home but an appeal is pending in the state court system.

. NOVEMBER BALLOT: Colorado voters will vote on a ballot measure in November that would legalize possession of up to 1 ounce of marijuana by those 21 and older, similar to an ordinance Denver voters approved last year. South Dakota votes on medical marijuana.

. LOCAL ORDINANCES: Several local jurisdictions across the country also have measures on the ballot that would make possession the lowest law enforcement priority, something already adopted in Seattle and Oakland, Calif., among other places.

Sources: Committee to Regulate and Control Marijuana and the Ballot Initiative Strategy Center.

Pubdate: Sun, 15 Oct 2006
Source: Arizona Daily Star (AZ)
Copyright: 2006 Pulitzer Publishing Co.
Contact: letters@azstarnet.com
Website: http://www.azstarnet.com/star/today/
Details: http://www.mapinc.org/media/23
Author: Sandra Chereb, The Associated Press
Cited: Question 7 http://www.regulatemarijuana.org
Cited: Initiated Measure 4 http://sdmedicalmarijuana.org
Cited: Amendment 44 http://www.safercolorado.org