Pubdate: Wed, 31 Jul 2002
Source: Las Vegas Sun (NV)
Webpage: www.lasvegassun.com/sunbin/stories/lv-gov/2002/jul/31/513788667.html
Copyright: 2002 Las Vegas Sun, Inc
Contact:  http://www.lasvegassun.com/
Details: http://www.mapinc.org/media/234
Author: Ed Koch
Cited: Marijuana Policy Project (www.mpp.org)
Bookmark: http://www.mapinc.org/find?162 (Nevadans for Responsible Law 
Enforcement)

DISTRICT ATTORNEY CLAIMS MARIJUANA DRIVE WOULD DERAIL DUI ENFORCEMENT

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.
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