cannabisnews.com: Nevada's Pot Law Will Go Up in Smoke










  Nevada's Pot Law Will Go Up in Smoke

Posted by CN Staff on September 21, 2002 at 09:23:54 PT
By Sean Carter 
Source: Hernando Today  

In November, the people of Nevada will vote on an initiative to legalize marijuana. Unlike similar measures in other states, this initiative will not just legalize marijuana for medical purposes but for all purposes.As a libertarian, I support the legalization of all drugs, particularly marijuana. Let's face it; we have as much chance of winning the War on Drugs as I have of winning an argument with my wife.
Our continued fight of this war only exacerbates other problems, such as crime, poverty and most importantly, traffic.This is particularly true in places like southern California. The rush-hour commute in Los Angeles is slower than a middle-aged white guy running the 100 meter dash. However, legal marijuana usage could almost completely eliminate this congestion. After all, marijuana users are not exactly known as early risers. Therefore, while these stoners sleep until noon, the rest of us could have a chance of getting to work within three hours.Besides, even if you don't agree with the traffic justification for drug use, certainly marijuana usage should be allowed in Las Vegas of all places. Almost everything else is allowed there - drinking, prostitution, doubling down while the dealer has a face card showing, etc. In fact, smoking a joint may be the safest activity in Las Vegas (it's certainly the cheapest).Moreover, legalized marijuana could have a calming effect on the residents of this town. This is sorely needed, particularly with respect to the cab drivers.On a recent trip, I discovered that all Las Vegas cab drivers are graduates of the James Brown School of Driving. Notwithstanding bumper-to-bumper traffic along the strip, my cabbie was able to maintain an average speed of 90 mph. Of course, this is except when he was driving on the sidewalk, where he slowed down to a cautious 70 mph.Also, the legalization of marijuana could have a beneficial effect on tourists. Now, according to my life insurance application, I have never used marijuana. However, a "friend" tells me that one of the side effects of marijuana usage is paranoia. This paranoia could come in handy in the casino, where for some reason; even the most fiscally responsible person becomes as free-spending as a United Way executive.Interestingly, outside of a casino, most of us would not wager $50 on the correct spelling of our own names. However, place us inside a casino with flashing lights and cocktail waitresses with skirts shorter than an 8-year-old's attention span and we're willing to bet our life savings on a game of rock-paper-scissors.As you can see, the legalization of marijuana could be a boon for traffic, highway safety and fiscal responsibility. However, the initiative being voted on in Nevada will not provide any of these benefits.For one, the initiative only allows for the lawful possession of three ounces or less of marijuana. Therefore, although most recreational users can lawfully purchase marijuana under the initiative, dealers will still be subject to prosecution.Perhaps, it's just me but doesn't that defeat the point of the law? What good does it do to be able to lawfully buy a product that no one can lawfully sell you?The initiative does require the legislature to devise a regulatory system for the manufacture and sale of marijuana. However, I question whether this is really the best solution. After all, if the government's distribution of marijuana is anything like its distribution of other services, marijuana users will be treated to lines longer than the Great Wall of China, only slower moving. Moreover, even assuming that the Nevada government can provide service in an efficient manner, the federal government will shut down the operation faster than I shut down my computer when my wife catches me doing "legal research" on naughtylawyers.com. U.S. Attorney General John Ashcroft has indicated that he has less tolerance for drug usage than he has for racial diversity.In California, he fought the efforts of cannabis buying cooperatives to supply marijuana under California's medical marijuana law. In Oregon, he threatened to prosecute doctors acting under Oregon's assisted suicide law. Surely, Ashcroft would step in to shut down Nevada's recreational marijuana operation.And unfortunately, Ashcroft has a powerful ally in this matter -- the U.S. Supreme Court. Last year, the court ruled that the federal Controlled Substances Act preempted California's medical marijuana law. Obviously, if the court did not feel that the alleviation of pain caused by AIDS, cancer and my wife's baked ziti was not enough to overrule the CSA, then surely, the desire to "mellow out dude" will not win over the court.In short, even if the initiative is passed, it will be as ineffective as David Westerfield's "But They Were Swingers" defense. The same would be true of any other state initiative. At present, the federal government holds all the cards in legalizing marijuana and Ashcroft is clear that "hitting" is not allowed.Sean Carter is a lawyer, public speaker and humor columnist. He can be reached at: http://www.lawpsided.comSource: Hernando Today (FL)Author: Sean CarterPublished: September 21, 2002Copyright: 2002, Media General Inc.Contact: rnolte hernandotoday.comWebsite: http://www.hernandotoday.com/Related Articles & Web Sites:NRLEhttp://www.nrle.org/Marijuana Policy Projecthttp://www.mpp.org/Pot Initiative Leader Challenges Drug Czarhttp://cannabisnews.com/news/thread14179.shtmlCzar Plans Nevada Visit To Fight Pot Questionhttp://cannabisnews.com/news/thread14162.shtmlGoing to Pot: Nevada Plan to Legalize Marijuana http://cannabisnews.com/news/thread14104.shtml 

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Comment #4 posted by FoM on September 21, 2002 at 13:18:05 PT

Had Enough 
You didn't do anything wrong. Matt has been fixing a few things and now the spacing isn't working. I tried to space a few words on a test post and it didn't work so I emailed Matt immediately. I am almost sure he'll get it figured out fairly quickly. Once it's fixed I can delete your comment and you can repost. The news is slow today so this is a good time to get things fixed. 
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Comment #3 posted by Had Enough on September 21, 2002 at 13:10:58 PT

FoM
When I sent this it was divided up into paragraphs. Now that it is posted it may be hard to read for some. What am I doing wrong.
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Comment #2 posted by Had Enough on September 21, 2002 at 13:03:40 PT

Change of the Law
If enough states Re-Legalize I think that the laws at the federal level will be changed.  Sooner or later (probably later), this will be a popular topic with politions because it will get them votes. While talking with some local and state politions, they said in private that they support changing these unjust, outdated laws. However they also said that at this present time (Last couple of years, maybe some feel stronger about it now), to bring it to public issue would be political suicide and they would lose the support that they already have. I was told if the could get public support from the voters they would bring the issue to the forefront, but for now they will keep under the radar and do the best they can to help amend the laws. I have kept tabs on some of them most have followed what they have said, others did nothing while some did the opposite. While in the voting booth and talking to friends, I always remember this. I cannot stress the importance of voting. The biggest fear of an elected official is being voted out. It is a big blow to them and their families.  I once attended a political victory party for someone I grew up with, HE LOST THE ELECTION. His wife was in tears, and could not stand the pain. His kids were not in the best of spirits either. My friend the candidate told me that the people voiced at the polling booth, that they did not want him. (This is the Key) They felt that a big shame had been bestowed upon them and were very embarrassed. This man had already was holding an elected position, and decided not to rerun for his existing seat and ran for the one he lost. Had he ran for his existing seat he would have surly won. He has not had his name on any ballot since. (About 8 years)
I learned a lot about politicians from things like this. There are many more to come, but the common denominator is the vote. Greed for money, which is power, is something that needs to be kept in mind also. Not sure but I think I remember something in while in High School History, or Civics class, that if a majority of states pass legislation, then the Federal Government has to follow suit. However I’m not sure about this, maybe there is someone out there more familiar this and can clarify it. I’m no lawyer or law student. God Bless the men and women who sacrificed so much for the freedoms we have. We owe it to them and the children to make sure we retain these Rights, Privileges, and Responsibilities that have been dearly paid for in blood, and we should try to remember this everyday. In some parts of the world, anyone speaking out against the status quo would be taken out to the local sports arena and executed in public, yes my friends this still happens today. I sure am glad to be an American and have the power of WE THE PEOPLE to change unjust and out dated laws. They can and will be with persistence. (I’m glad the Minutemen and others did not give up.) At the very least excersise your rights, privileges and responsibilities, and VOTE VOTE VOTE. Do not forget our friends at http://www.nrle.org They need money, a lot of it and now. Send them anything. Every bit helps. We are standing on the cornerstone of change that will be heard around the world again, WE THE PEOPLE.

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Comment #1 posted by p4me on September 21, 2002 at 09:58:44 PT

In case you were wondering.....
In November, the people of Nevada will vote on an initiative to legalize marijuana.Moreover, legalized marijuana could have a calming effect on the residents of this town.As you can see, the legalization of marijuana could be a boon for traffichow I could be critical of an article like this, I will tell you. The word relegalize needs to be presented to the public to bring the fact that marijuana has not always been illegal to Average Joe and his better half. A chance to introduce the idea of relegalization to the Florida readers was postponed. Our humorist, Sean Carter, had a fine article, but in the current game with me as umpire, 3 strikes and you are out. Now me being a multitalented unemloyed person, I will give him a cheer since he is on my team. Ok Sean, " Give me an R, Give me an E. But most of all give me relegalized marijuana."1,2
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