LAWMAKERS ASKED TO SOFTEN NEVADA'S MARIJUANA POSSESSION LAW

CARSON CITY - Nevada lawmakers were urged Wednesday to adopt a
California-style marijuana possession law that would levy mild
penalties compared with the harsh punishments now on the books.

Assemblywoman Chris Guinchigliani's AB577 would reduce the penalty
for possession of less that an ounce of marijuana from a felony to a
misdemeanor.

First-time offenders could be fined $500 but would face no jail time.
Currently the penalty is punishable by up to four years in prison and
a $5,000 fine.

Under the bill, a second offense could result in a $1,000 fine and
referral to a drug court or drug rehabilitation program.

"This is not intended to send a message that drug use is OK. It is an
attempt to focus on rehabilitation for possession of one ounce or
less," Guinchigliani, D-Las Vegas, told the Assembly Judiciary
Committee Wednesday, adding that "marijuana no longer carries the
stigma of a gateway drug."

Chief Justice Bob Rose showed up to testify on AB577 but said his
position prohibited him from taking a stand either way.

But a 1993-1994 study shows felony prosecutions for possession of a
relatively small amount of marijuana "clog the court system," said
Rose, who chaired the commission that developed that study.

Under Guinchigliani's bill, money collected from fines would be spent
locally to develop drug treatment programs that would be alternatives
to jail.

Richard Siegel of the American Civil Liberties Union told lawmakers
that the bill will create "a more efficient judicial system and a more
effective jail system."

"Our overall marijuana laws will still be as punitive as any in the
United States. You can look your most conservative constituents in the
eye and say 'That hasn't changed,"' Siegel said.

But Assemblyman Greg Brower, R-Reno, said the bill is a step in the
wrong direction.

"Aren't you really saying you're in favor of the legalization of
marijuana," Brower snapped.

"I would say I'm in favor of decriminalization, but we're a long way
from that in this bill," Siegel replied.

The Washoe County public defender's office also backed the bill,
saying that the current law is not prosecuted as vigorously as some
might think.

Most defendants charged with felony possession of an ounce or less of
marijuana are allowed to plead down to a misdemeanor and rarely do
much jail time anyway, said John Morrow of the defender's office.

"On the one hand we have 'Reefer Madness' laws on the books, but we've
got 'Up in Smoke' going on in our society," said Morrow, referring to
two films at the extremes of the marijuana debate.

But David Hosmer of the Nevada Division of Investigations said
marijuana can indeed lead to use of other, harder drugs and the state
should not reduce criminal penalties for possession.

"At a time when we are telling our youth to just say no to tobacco,
it's not a good idea to send the message that may be interpreted as
'Just say maybe to marijuana,"' Hosmer said.