Marijuana felony law could be on way out

Scott Reeder

Thursday, April 8, 1999 | 10:24 a.m.

CARSON CITY -- Possession of less than an ounce of marijuana should no longer be a felony in Nevada, Assemblywoman Chris Giunchigliani, D-Las Vegas, says.

To bring this change about Giunchigliani presented Assembly Bill 577 to the Assembly Judiciary Committee on Wednesday.

"This bill does not say that drug use is OK," Giunchigliani said. "Possession of marijuana will still be a crime in Nevada. It will just be a misdemeanor rather than a felony. In reality, most law enforcement agencies are treating it like that already. This just gives credibility to our law."

Opponents of the bill say marijuana is a "gateway drug" that leads to more serious drugs such as heroin and cocaine.

"That is absolutely not true," Giunchigliani said. "Many studies have been conducted and there is absolutely no evidence whatsoever that marijuana use leads to harder drugs."

She said by making it no longer a felony, prison cells can be freed for more violent criminals.

Richard Siegel, vice president of the Nevada chapter of the American Civil Liberties Union, said, "Nevada marijuana laws are the most regressive and punitive in the United States. A felony conviction in Nevada means that you won't be allowed to vote for the rest of your life."

Judiciary Committee Chairman Bernie Anderson, D-Sparks, said there is a provision in state law for convicted felons to regain their voting rights. But it is infrequently used, Siegel said.

The law enforcement community raised stiff opposition to the bill.

"At a time when our society is telling people to say 'no' to tobacco, I think it is an inappropriate message to say 'maybe' to marijuana," David Hosmer of the Nevada Division of Investigations said. "I personally believe marijuana is a gateway drug to harder drugs."

Nicholas Lombardo, president of the Nevada Narcotics Officers Association, agreed that marijuana possession should remain a felony.

"It's important to remember that marijuana today is four times more potent than it was in the 1960s," he said.