Assembly passes pot measure

Erin Neff

Thursday, May 24, 2001 | 10:19 a.m.

CARSON CITY -- The Assembly on Wednesday approved a measure allowing marijuana use and possession for medicinal purposes, but the bill could go up in smoke in the other house.

Assembly Bill 453, sponsored by Chris Giunchigliani, D-Las Vegas, authorizes the use of marijuana as treatment for certain chronic medical conditions, such as AIDS, cancer, nausea and seizures.

The measure passed the Assembly by a 30-12 vote, with three Democrats voting against it and four Republicans breaking with party lines to vote for it.

"AB453 simply implements the will of the people," Giunchigliani said. "They spoke not once, but twice."

Voters have twice approved amending the Nevada Constitution to allow the state to establish a registry for medical marijuana users. The measure passed with more than 63 percent support and now needs the Legislature to approve it.

"I think the public knew exactly what they were doing," Giunchigliani added.

In addition to implementing a medical marijuana program, the bill reduces penalties for possession of less than one ounce of marijuana from a felony to misdemeanor for first, second and third-time offenders.

Bernie Anderson, D-Sparks, said since most judges do not adhere to the state's felony laws for small-time possession, he thought the bill simply codified current practice.

"If we're not going to enforce the law, then we shouldn't have it on the books," Anderson said.

But Greg Brower, R-Reno, said he did not think the bill was the right answer to either the enforcement issue or the problem patients face in obtaining treatment.

"I think it creates too many hoops for those who think they can benefit from medical marijuana to jump through," Brower said.

He also raised last week's U.S. Supreme Court decision ruling possession of marijuana a felony as a reason Nevadans should be wary of the bill.

"We're saying it's a federal crime, but don't worry about that," Brower said.

John Carpenter, R-Elko, said he supported the measure because the defelonization section authorizes treatment for small-time possession.

"As to wanting to go against the federal law, that's right down my alley," Carpenter said.

Other Republicans who supported the measure were Merle Berman and Bob Beers, both R-Las Vegas, and Minority Leader Lynn Hettrick, R-Gardnerville.

Beers said society sends a hypocritical message by stating that possession of marijuana is a felony, although abusing alcohol is not.

Democrats who voted against the measure were: John Lee, D-Las Vegas; John Oceguera, D-North Las Vegas; and Debbie Smith, D-Sparks.

The measure now heads to the Republican-led Senate, where Majority Leader Bill Raggio, R-Reno, has previously stated opposition to the measure. Gov. Kenny Guinn has not stated a position on the bill, per his tradition of not commenting on active legislation.