Police don’t object to marijuana as misdemeanor

Thursday, May 31, 2001 | 10:08 a.m.

CARSON CITY -- Police representatives told a Senate committee Wednesday they had no objections to lowering the penalty for possession of a small amount of marijuana to a misdemeanor.

Andy Anderson, representing the Nevada Conference of Police and Sheriffs, and Gary Wolff, of the Nevada Highway Patrol Association, testified in support Assembly Bill 453.

The bill also sets up a system for those suffering from chronic illnesses to grow their own marijuana.

Anderson, a police officer for more than 30 years, said his organization has "no problem" with the bill. It would reduce possession of less than 1 ounce from a felony to a misdemeanor and levy a $300 fine on the first offense. Also, the individual would have to be evaluated for drug addiction.

The second offense would be a misdemeanor with a $600 fine and there would be a requirement for drug treatment. The third offense would be a gross misdemeanor.

Assemblywoman Chris Giunchigliani, D-Las Vegas, who sponsored the bill, told the Senate Human Resources and Facilities Committee there were 1,467 cases of possession of marijuana, of which the vast majority were reduced to misdemeanors.

Giunchigliani added that trafficking in marijuana would still be a felony.

Committee Chairman Ray Rawson, R-Las Vegas, said he will name a subcommittee to go through the bill.

The bill provides that a person with a chronic or debilitating illness can get a recommendation from a physician that he or she should be able to use marijuana to relieve the pain or treat the illness. The individual would then get a permit from the state Department of Agriculture and be allowed to possess 1 ounce of marijuana and have three mature marijuana plants and four immature marijuana plants.

Doctors, Giunchigliani said, would try several treatments before recommending marijuana.

And there are restrictions on where the medical marijuana could be used. "You don't get to walk around smoking a joint (in public)," Giunchigliani said. You can't smoke it while driving, when you have a firearm or in other public places.

One question that arose is how an individual will get the seeds to grow the marijuana. Giunchigliani said they could get them through the Internet.

But that would violate federal law, Rawson said, adding, "We are under no obligation to develop a policy to put a person in violation of federal law."