cannabisnews.com: DAs Will Question Legality of Ballot's Question





DAs Will Question Legality of Ballot's Question
Posted by CN Staff on August 29, 2002 at 21:31:01 PT
By Ed Koch 
Source: Las Vegas Sun 
Washoe County District Attorney Dick Gammick says he is considering challenging the legality of the marijuana initiative as it will be printed on the November ballot.Clark County District Attorney Stewart Bell agrees with Gammick that the Legislature cannot, as Question 9 is written, "provide a system of regulation for the cultivation, taxation, sale and distribution of marijuana" without breaking federal laws.
However, both say nothing can be done until after the first of two potential votes is taken in November that could legalize possession of small amounts of marijuana, because the ballot has to go to the printer by Sept. 10.The language for Question 9, complete with an explanation and brief arguments for and against the measure, was released Tuesday by the secretary of state's office. In the arguments against passage section, marijuana is called a "gateway" drug that can lead to cocaine and heroin use."I suspect that either Mr. Gammick, my successor or someone else will ask for an opinion from the Nevada attorney general after the election, and I believe the attorney general would opine that the Legislature could not set up a process for cultivation or sale as federal law now stands," Bell said."Of course, if the measure fails in November, the question becomes moot."Gammick called the question "hip shoot legislation" as it is worded."I don't think the question is legal," Gammick said. "If the state tries to set up something (for cultivation or sale), federal authorities have said they will stop it because it is a violation of federal law."Billy Rogers, spokesman for Nevadans for Responsible Law Enforcement, the chief proponent for the measure that was placed on the ballot by the Washington-based Marijuana Policy Project, says there is plenty of time to change federal as well as local laws."There is nothing on the books where the federal government has ever shut down a state or local government-run facility that produces or sells marijuana -- only some private businesses in California," Rogers said."There is an initiative on the ballot in San Francisco that would allow the city to grow and sell marijuana. And there are 2 1/2 years before the law in Nevada will go into effect. Federal laws can change between now and then to allow the state of Nevada to produce, tax and sell marijuana."The question must be approved in November and again in 2004 to become law.Rogers called Secretary of State Dean Heller's language in the question and accompanying explanation fair and balanced.The question and accompanying documentation are posted on the secretary of state's website: http://www.sos.state.nv.usComplete Title: DAs Will Question Legality of Ballot's Marijuana QuestionSource: Las Vegas Sun (NV)Author: Ed Koch Published: August 29, 2002Copyright: 2002 Las Vegas Sun, Inc.Contact: letters lasvegassun.comWebsite: http://www.lasvegassun.com/Related Articles & Web Sites:NRLEhttp://www.nrle.org/Marijuana Policy Projecthttp://www.mpp.org/Wording of Marijuana Ballot Question Releasedhttp://cannabisnews.com/news/thread13915.shtmlMarijuana Initiative Promise High Adventure http://cannabisnews.com/news/thread13910.shtmlVegas Measure Gambles on Marijuana http://cannabisnews.com/news/thread13896.shtmlNevada Voters Decide on Legalizing Marijuana http://cannabisnews.com/news/thread13884.shtml 
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Comment #15 posted by kaptinemo on August 30, 2002 at 10:38:42 PT:
To expand upon the dangers
I realize I wasn't very clear about what I expect to happen if this matter of the Fed's interference in local politics to prevent States from enacting MMJ laws doesn't stop.A Constitutional Convention may be called for by States that are fed up with that interference in their referenda process/laws. Aside from the slow accumulation of MMJ States, it's the only truly effective way the States have to stop-punch Fed bullheadedness. But there are huge risks in doing so. Once such a Convention is envoked, it could become a free-for-all that could very negatively impact the entire structure of government. It's understandably the most dreaded, dangerous political can of worms. And the list of States that are opposed to Fed arrogance and high-handedness is growing daily. It wouldn't be all that hard for Western States to proclaim a quorum and demand the Convention begin.And if the Feds don't back off, that's where this may lead...with disatrous results for all a real possibility.I repeat: are they really going to be that stupid to risk pissing off the Western States...who have no love left for Fredddie?
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Comment #14 posted by kaptinemo on August 30, 2002 at 09:39:57 PT:
So these fools want to open the biggest 
can of worms of all time?Take a look at the Tenth Amendment:The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.Very simple. Very straightforward. Unmistakably so. Or so you'd think, right? Evidently, though, the antis are making the same mistakes...again.Item: Gammick is a county official. He is not a Federal functionary. Yet he feels qualified to comment on what the Feds may do Constitutionally? Any place other than Nevada has an anti-prostitution law. Same goes for the Feds. Yet Nevada coninues to have legal brothels which the Feds have not shut down. Why? The Tenth Amendment, that's why. Intra-State commerce is not their bailiwick...yet Gammick and Company want to bring the Feds in - in contravention of the very Amendment which allows the brothels.The antis are forever mouthing off about slippery slopes. This little ploy of theirs is one Hell of a high-angled slope, greased with Buckminsterfullerine. If the Nevada antis succeed, they will be cutting their own throats Constitutionally, because then the brothels will have to go if Fed suzerainity is taken to the logical conclusion. Ask the locals if they want Fred the Fed in bed with them alongside their little chickadees...I doubt they'd be so accommodating.And that's not all. After that, Nevadan Statehood will mean only what Fed satraps in DC say it means. Nevada will have all the say-so in it's internal affairs as Puerto Rico, or Guam, or any of the so-called 'Trust Territories'...which is to say, pathetically minimal. Is that what Nevadans want?I seriously doubt it.
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Comment #13 posted by Robbie on August 30, 2002 at 09:13:51 PT
Legality?! Lawyers to Bush*:"We don' need badges!&
"No stinkin' badges! Just invade Iraq, you've got authority...BOMB, BOMB, BOMB!"Why should these advocates need any legality?Why does anyone?
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Comment #12 posted by kaptinemo on August 30, 2002 at 07:38:48 PT:
OO-rah! for the Kubby's!
Like I keep saying, the farther away you get from Washington DC, the saner governments generally act.
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Comment #11 posted by 2Spooky on August 30, 2002 at 07:20:43 PT
wrong Steve, bro
herbdock is Steve TUCK...used to run a co-op for medical patients in Arcata CA. My wife was a patient there for a bit. Nasty politics there all around, and it got lots worse after he and Lucy left =(.
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Comment #10 posted by Jose Melendez on August 30, 2002 at 07:11:15 PT
Congratulations to Herbdoc215
from:http://www.cannabisculture.com/articles/2583.htmlVANCOUVER- American cannabis refugee Steve Kubby, received an exemption today from Health Canada to possess and cultivate medical cannabis. The American will be allowed to grow 59 plants, possess and travel with 360 grams (about 12 ounces), and store 2,655 grams (about 6 pounds). The exemption lasts for one year. Mr. Kubby was issued an exemption for a category 3 illness - chronic and long-term.The exemption was initially submitted on the 12th of August, received on the 13th and a final exemption was delivered by courier to the Kubbys on August 29th."It's been six years that our family been fighting for recognition of Steve's right to use the only medicine that is keeping him alive," said Michele Kubby. "The Health Canada program still has too many hoops for a sick person to jump through, but the people at Health Canada were supportive and showed genuine concern and respect for our situation. The U.S would do well to study the Canadian model."The Kubbys said they were especially grateful to Marc Emery, John Conroy, Michelle Rainey-Fenkarik, Brian Carlisle, Dale Pedersen, David Malmo-Lavine and all of the other supporters who stood by them. The Kubbys also are very grateful to Dr. Joseph Connors for his courageous and compassionate stand on their behalf.
Steve Kubby allowed to grow marijuana in Canaada
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Comment #9 posted by John Tyler on August 30, 2002 at 07:00:25 PT
These District Attorney should resign
Why are these two District Attorneys so against doing the will of the voters? If they don't like what the voters want they should resign rather than creating bureaucratic and legal impediments.   
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Comment #8 posted by kaptinemo on August 30, 2002 at 06:41:31 PT:
The breach will become more evident
I've never lived out West, as what little time I spent CONUS was East of the Mississippi and the remainder I spent OCONUS (Outside Continental United States) for my tours of duty. But one thing Westerners and I are in perfect accord on, and that is that Fred the Fed has gotten way too big for his britches. The Feds have used Nevada as a radioactive toilet for a long time, and the locals are (literally) sick of it. They're ticked off at being told they can't do what they want with their own land...or having it grabbed for some UN Wildlife Preserve or something, without ever even being told it was being 'appropriated' (free translation: stolen by Federal fiat). Native American reservations, which are by treaty practically sovereign nations being illegally invaded by Feds to rip up industrial hemp, which is the make or break as to whether they will ever rise above their poverty. Yepper, Freddie hasn't made very many friends, out West.And now, after all those lovely State surpluses have vanished, and the (don't make me laugh hysterically) 'War on Terror' is grabbing ever more Federal taxpayer dollars, the States are now facing huge deficits in their budgets. They must raise taxes higher to counter their addiction to lost Fed monies. That's not going to sit well at all with the Western States.In his book, ECOTOPIA Ernest Callenbach rather nebulously proposed that a massive, 1929-type Depression (and a successfull repelling of Federal forces during what he called the Helicopter War) enabled the Western States to break away and form a new nation. Who knows? Anybody who believes that the Waco Economic Summit (which was supposed to allay investor and consumer doubts about the economy) was anything but a Potemkin Village cum 'dog-and-pony' show should shine a light up their nostrils and look for incisions; you may have lobotomized in your sleep. We are in deep doo-doo, folks. As 4D is fond of reminding us, 'The Empire' must keep its' war machine running at top speed all the time, or we get recessions/depressions. But the machinery can't keep going forever. And when the final crash comes, the States will be left holding the bag. Who wants to be the last guy holding on to the rail of the Titanic? The remaining lifeboats are already full. The positive incentives to stay in the Union will be gone. And there's lots of Westerners with guns who are ready for the contingency when the negative incentive to stay gets enforced, a la the jackboot. Idaho is chock full of them.We definitely live in, as the old Chinese curse goes, 'interesting times'. And it's bound to get even more 'interesting'.
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Comment #7 posted by i420 on August 30, 2002 at 05:51:48 PT
Who knows......
I think it is time for these states to start considering leaving the union. The states had to do it before in the name of freedom ... history is bound to repeat itself.
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Comment #6 posted by qqqq on August 30, 2002 at 01:18:17 PT
...CorvallisEric......come to think of it....
....."qqqq it will almost certainly be approved by the voters:
      For once you're more optimistic than me."
 
 
..Thank you Eric..I dont know what got into me.....?..What was I thinkin'?...of course, ,it will never be approved by the voters,,the feds will see to that!....
 
......optimism is for wussys and wimps!......besides,,pessimists are probably right more often than optimists....
 
...and...pessimists can usually be happier than optimists,because they dont get let down..they expect things to be fucked,,and then ,when things go fucked,,they can say;"told ya so!..",,,or,, if things end up not being so bad,,then life is better!....no disappointments like the optimist must experience..........(?)
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Comment #5 posted by CorvallisEric on August 30, 2002 at 00:54:04 PT
qqqq and karkulus
karkulus:
I don't really know, but have a strong hunch that the second vote must use the same ballot language, or at least be based on the original petitions to the same extent as the first vote. I agree it'd be very desireable to allow growing a few plants. The time for bargaining will be when the legislature implements the details in 2005. Nothing would prevent them from going further than the amendment.
qqqq it will almost certainly be approved by the voters:
For once you're more optimistic than me.
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Comment #4 posted by qqqq on August 29, 2002 at 23:56:52 PT
...more to come...
...no doubt,,,the feds are behind the scenes in Nevada,,and they are going to go all out,in trying to defeat this ...
 
....If this makes it on the ballot,,it will almost certainly be approved by the voters,,and when it is, the feds are going to have a real problem,,even worse than they have had in California..The Nevada initiative will be harder for them to smother....just watch as the feds come up with new ways to threaten and coerce Nevada...
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Comment #3 posted by karkulus on August 29, 2002 at 23:02:48 PT
You know when you bargain..
   ..for something you always ask for more than you expect to receive.. I wonder if this passes can the next vote be just for cultivation of X amount of plants for personal use or must it be exactly the same ?
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Comment #2 posted by CannabisMan on August 29, 2002 at 22:46:25 PT:
War on Alcohol II (serious)
It is my proud duty to introduce you to the reversal of power in the new
Millennium. Freedom will reign supreme. People will help each other rather
than try to control each other. Man and woman will enjoy free-love at any
time and at any place. Greed and depression will be a thing of the past.
Human suffering will be no more. Entertainment will be enjoyed everywhere.
Children will play in the poppy fields of California and Iowa. Men will
play frisbee in the cannabis fields of America. Mountaineers will climb
over the coca bush plantations of Colorado's rocky mountains.And bureacracy will be no more. Welcome to the new War on Alcohol, revised
and updated for the 3rd millennium with technology never before seen on the
face of the earth.It has begun.
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Comment #1 posted by knox42897 on August 29, 2002 at 22:43:38 PT:
These guys don't give up
Hello Everyone,
I was hoping people from vegas would join my group. We get together for coffee and smoke usually a couple times a month. If you work in the casino industry, email me we trade show or buffet comp's fo high's.Las Vegas Nevadans for Responsible Law Enforcement in the United States of America
Pierre
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