Discussion about pot initiative becomes heated

Thu, Sep 26, 2002 (9:21 a.m.)

A televised discussion between the man backing the marijuana initiative and a representative of the district attorney's office Wednesday ended just shy of a screaming match.

Amid attorney Gary Booker's insinuation that Question 9 proponent Billy Rogers smokes marijuana was a disparaging remark about a Las Vegas attorney and another about a retired police officer who called during the live broadcast of DayONE Las Vegas.

Question 9 would legalize possession of three ounces of marijuana for private use by those 21 and older. Nevada voters approved medical marijuana twice, amending the constitution and allowing 214 residents to sign up for the program.

Rogers says medical marijuana patients, including Holly Brady who suffers from multiple sclerosis, have to "buy their medicine from drug dealers."

But Booker wrongly asserted several times on the show that patients can grow their own plants with seeds they buy from the state Agriculture Department.

After the program aired on Las Vegas ONE, a partnership of KLAS-TV, Cox Cable and the Greenspun family, publishers of the Las Vegas Sun, Cecile Crofoot's phone in the state Agriculture Department's Carson City offices began ringing.

"They told me they wanted to get their packet of seeds," said Crofoot, manager of the state's medical marijuana program. "We don't have them."

Rogers initially asked Booker, who works in the DA's vehicular crimes unit, where people can get the seeds.

"The same place you get your seeds," Booker said.

Rogers responded: "I don't smoke marijuana," as Booker interrupted, accusing Rogers of moving to Nevada from Texas just to make this state a "test monkey for legalization."

The exchange between the men was testy from the onset as Booker frequently interrupted Rogers and drowned out both he and host Nancy Byrne several times.

Rogers and Booker argued at length about whether the initiative would weaken DUI laws, and whether Booker's past assertions that the initiative would have meant that Jessica Williams did nothing wrong when she crashed a van on I-15 killing six teens picking up trash in the median -- a case Booker prosecuted.

Byrne pointed out that Williams was never convicted of driving under the influence. Rather it was a state law that calls a driver impaired if he has two nanograms of marijuana in his blood that Williams was ultimately convicted of violating.

Rogers said he asked attorney JoNell Thomas to review whether the state's DUI statutes would be invalidated by Question 9. She says they won't.

Booker said Thomas doesn't practice criminal law, and thus, can't be asked to comment on DUI statutes. Thomas' practice does include defense of several Death Row inmates.

When Rogers tried to show Booker what Thomas had written, Booker interrupted saying: "You're not a lawyer and JoNell Thomas isn't much of one."

When Byrne went to the phones, a caller identifying himself as a retired police officer asked a question that appeared sympathetic to medical marijuana patients' difficulty obtaining marijuana.

Booker testily said that police officers aren't lawyers and added accusingly: "I don't know where he's a retired police officer from."

Proponents of Question 9 will unveil a steering committee today and announce endorsements from 3,000 Nevadans. On Friday, Nevadans for Responsible Law Enforcement plan a press conference with medical marijuana patients who buy their marijuana from drug dealers.

Also Friday, Stop DUI, which has formed an opposition group to Question 9, will hold a press conference to announce its steering committee and endorsements.

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