Panel OKs bill to soften Nevada’s marijuana possession law

Kiley Russell

Friday, April 9, 1999 | 2:22 a.m.

CARSON CITY -- The Assembly Judiciary Committee voted 11-3 Friday for a California-style marijuana possession law with mild penalties compared with the harsh punishments now imposed in Nevada.

Assemblywoman Chris Giunchigliani's AB577, sent to the Assembly floor on the last day possible, would reduce the penalty for possession of less than an ounce of marijuana from a felony to a misdemeanor.

First-time offenders could be fined $500 but would face no jail time. Currently the penalty is punishable by up to four years in prison and a $5,000 fine.

Under the bill, a second offense could result in a $1,000 fine and referral to a drug court or drug rehabilitation program.

To help get the measure out of committee, Giunchigliani, D-Las Vegas, offered an amendment to let local governments impose matching $500 fines for first-offenders to help cover the drug court or rehabilitation costs.

The lawmaker said she's not suggesting drug use is OK. She said Nevada would still have some of the toughest marijuana laws in the nation - but the focus would be on rehabilitation.

Supporters included Judiciary member John Carpenter, R-Elko, a conservative who said he wondered how many people in the committee room "fell out of their seats" when he said he'd back AB577.

Carpenter said he detests drugs, but he's willing to take a chance on the proposal. Under the current law, "we not winning the war on drugs, absolutely not," he added.

"If we can get some rehabilitation, it would be much better than what we're doing now," he added.

Under Guinchigliani's bill, money collected from fines would be spent locally to develop drug treatment programs that would be alternatives to jail.

Richard Siegel of the American Civil Liberties Union argued during an earlier hearing that the bill would create "a more efficient judicial system and a more effective jail system."

The Washoe County public defender's office also backed the bill, saying that the current law is not prosecuted as vigorously as some might think.

Most defendants charged with felony possession of an ounce or less of marijuana are allowed to plead down to a misdemeanor and rarely do much jail time anyway, John Morrow of the defender's office testified.

Guinchigliani says law enforcement from around the state are tired of busting people for small amounts of the drug only to see district attorneys fail to vigorously prosecute.

Judiciary Chairman Bernie Anderson, D-Sparks, praised Guinchigliani's bravery for pushing her bill.

"I always admire someone who has the courage to show up and put this issue forward - it's been misrepresented for a long period of time," Anderson said.

Voting against the bill were Judiciary members Don Gustavson, Sharron Angle and Greg Brower, all Reno-area Republicans.