Panel calls for softer laws on pot possession

Wednesday, June 21, 2000 | 11:16 a.m.

CARSON CITY -- A judicial commission, headed by Chief Justice Bob Rose, is going to recommend reduced penalties for possession of small amounts of marijuana and being under the influence of drugs.

The Judicial Assessment Commission of the Nevada Supreme Court made the same recommendation five years ago, but the Legislature didn't buy it.

In addition to the drug recommendations, the commission is suggesting minor traffic offenses that don't involve accidents be decriminalized.

Nevada has one of the toughest laws in the nation on marijuana possession, making it a felony punishable by prison time. The recommendation from the commission is to make it a misdemeanor, which carries a maximum of six months in jail and a $1,000 fine.

The recommendation is to bring Nevada law "in line with the other 49" states -- "a more realistic penalty," Rose said.

Rose said Tuesday the 40-member commission's final report will be out around September. Half of the commission members are judges and lawyers, the other half lay persons.

Rose declined to discuss the report further. But judicial officials point out that many cases of possession of 4 ounces or less of marijuana are reduced to misdemeanors in Clark and Washoe counties but are prosecuted to the fullest extent in rural Nevada.

The commission also recommended the penalty for a person who uses or is under the influence of a controlled substance be lowered from a felony to a misdemeanor. Under current law, a person who drives while under the influence of drugs is charged with a misdemeanor. But people who walk down the street while "high" can be charged with a felony.

The commission also recommended minor traffic offenses -- ones that result in four demerits or less on driving records -- be decriminalized from misdemeanors to civil offenses. That would clear the court calendars to hear more serious offenses, the panel reasoned. The change would still require fines of offenders, and the courts, if the person didn't pay, could attach a bank account or wages.

And it wouldn't leave minor offenders with a criminal record.

Such offenses might include going 16-20 mph over the posted speed limit; going too slow so that it impedes traffic and running a red light, according to the state Department of Motor Vehicles. However, the cases where there are traffic accidents would still continue to be handled as criminal offenses.

Some neighborhood disputes would be decriminalized if the Legislature approves the recommendations. An example might be a dog repeatedly barking at night. The owner would receive a civil citation rather than being charged with a misdemeanor.

The commission also plans to encourage Gov. Kenny Guinn to pump more money into mental health programs. Commission members reason that mentally ill people are clogging the courts, because Nevada does not have an adequate mental health system to deal with them.

During the budget cutbacks of the early 1990s, the state Division of Mental Health and Mental Retardation was among the hardest-hit agencies. It has been trying to recover for years.

The commission recommends a "blended" juvenile and adult system so that youthful offenders can be subjected to adult criminal processes, including being sentenced to prison, but be given the opportunity to be rehabilitated through the juvenile system.

The panel also suggested a major change in the way Nevada elects judges. Vacant judicial seats would be filled by a regular election with several candidates. But sitting judges would face re-election with no opponents. Voters would simply decide whether to retain or bounce the judges from office.

All judges now can face opponents in every election. Efforts to change the current system have met with failure in past Legislatures.

Among the commission's other recommendations:

These would apply mostly in family court.

The State Bar should create an option to allow dues from lawyers to be earmarked for pro bono services, the panel said.