LAWMAKERS WEIGH OPPOSING BILLS

Measures Would Get Tough On DUIs, Ease Up On Pot Possession

CARSON CITY -- If Nevada is a seeming paradox, with its round-the-clock
gambling and drinking but harsh criminal laws, its lawmakers are no
different -- proposing tougher drunken driving laws but softer marijuana
statutes.

"It reflects the uniqueness of Nevada. It almost seems like a
contradiction," said Assemblywoman Sheila Leslie, D-Reno. "It shows our
Libertarian bent -- a 'you do your thing as long as you aren't hurting me'
attitude."

This session, Assemblywoman Chris Giunchigliani's Assembly Bill 453 would
authorize medical use of marijuana and decriminalize possession of small
amounts of pot -- while Assemblyman Mark Manendo's Assembly Bill 166 would
lower the permitted blood-alcohol limit for drivers from 0.10 to 0.08.

"It's unusual we'd have the harshest law on marijuana possession on the
books -- it conflicts with our Libertarian way. But it doesn't conflict
with our tradition of being conservative and strict on crime," Leslie said.
"Alcohol kills far more than marijuana."

Manendo, D-Las Vegas, wants to reduce the deaths caused by drunken driving.
He says if the blood-alcohol limit in drivers is lowered to 0.08
nationally, each year up to 600 DUI-related fatalities would be prevented
around the country.

"This is a lifesaving measure," Manendo said, adding that the bill faced
strong casino industry opposition in the past but has a good chance this
year because Congress mandated the lower blood-alcohol level.

In 2000, there were 255 fatal crashes resulting in 309 deaths reported
across the state. About a third of the deaths were alcohol-related.

Assemblyman John Carpenter, R-Elko, said he resents the federal
government's intrusive manner, adding, "We need to be passing laws on the
basis of whether the law is good."

But Assembly Judiciary Chairman Bernie Anderson, D-Sparks, hopes the
Legislature acts on the lower DUI standard "before it's pushed in our face.
We have an opportunity to be more thoughtful."

Harvey Whittemore, representing the Nevada Beer Wholesalers' Association,
said that states with lower DUI levels don't necessarily have fewer fatal
drunken driving accidents, and that other factors such as educating people
about drunken driving and building safe roads also reduce the number of
fatalities.

"We're concerned about the continued attempt by many to turn this into a
Prohibition," he adds.

But others, including Assemblywoman Barbara Cegavske, R-Las Vegas, don't
think the bill is tough enough.

"If we want to tell people not to drink and drive, we need to have a limit
of 0.0," she said. "We're sending the wrong message -- that a little bit of
alcohol is OK to have and drive. The message really is: Don't drink and drive."

While the penalties for drunken driving might get stricter, getting caught
with small amounts of marijuana could result in softer sentences than the
current felony penalties that can be imposed.

Giunchigliani, D-Las Vegas, says her strategy to get the possession penalty
eased was to link it with the medical marijuana plan mandated by the
state's voters.

The ballot plan, approved by nearly two of every three voters, allows use
of marijuana by cancer, AIDS and glaucoma patients and others with painful
and potentially terminal illnesses.

"We don't want to nail people who are using it for medical purposes,"
Giunchigliani said.

She adds that while those who don't have a medical excuse for possessing
marijuana will have a price to pay, it won't be high.

Giunchigliani wants a misdemeanor fine for people caught with an ounce or
less of marijuana. A second offense would result in a higher fine and
assignment to a treatment or rehabilitation program. Third-time offenders
would be charged with a gross misdemeanor and have to pay an even steeper fine.

As the law stands now, she says, "It ends up being a bunch of paperwork for
police. They need to focus their energies on violent criminals, and cocaine
and crack addicts.

"Maybe it's a reflection that our drug policy has failed."