District attorney claims marijuana drive would derail DUI enforcement

Wednesday, July 31, 2002 | 9:47 a.m.

A Clark County prosecutor says the marijuana initiative is so poorly written "it is a gigantic step backward in public safety and DUI enforcement."

Deputy District Attorney Bruce Nelson, who prosecutes under the influence cases, said the proposed amendment to the Nevada constitution that would decriminalize possession of up to three ounces marijuana, would require a person to be caught "driving dangerously" before they even can be charged.

That, Nelson said, would severely weaken existing state law, where a person can be convicted of just being impaired while driving or simply have the drug in their system without actually being under the influence.

"I'm giving them the benefit of the doubt that it was not intentional but rather just poor draftsmanship," said Nelson, noting he read the November ballot question thoroughly for the first time just last week.

"When you are writing a constitutional amendment every word has to be carefully written" or it opens the door to challenges and loopholes.

The measure would have to pass in November and again in 2004 to become law. It is too late to rewrite it, Nelson said.

"The message is if you support tougher DUI laws, you won't support this ballot question because it is a gigantic step backward in public safety and DUI enforcement," Nelson said.

Attempts to reach a spokesman for the Nevadans for Responsible Law Enforcement, which supports the measure that was put on the ballot by the Marijuana Policy Project, were unsuccessful.

However, supporters have said since its inception that the ballot question is designed to help law enforcement by eliminating thousands of small pot possession cases that clog the courts.

NRLE officials have said there are safeguards in place because the marijuana measure calls for strict penalties for people who smoke marijuana in public, sell pot to minors or drive under the influence and kill people.

Nevada changed its marijuana laws last year, making it a misdemeanor for possession of less than one ounce, instead of a felony.