Bill attempts to loosen DUI law for medical marijuana users

CARSON CITY — Las Vegas police and prosecutors testified against a bill Tuesday that would allow medical marijuana users to drive and not be prosecuted for impaired driving just because they have some marijuana in their blood.

For them to be successfully prosecuted, it would have to be legally determined that they were impaired.

“Marijuana is a very dangerous substance that affects users in different ways,” said Brian Rutledge, a deputy district attorney in Clark County who prosecutes drivers high on marijuana who kill people. “Some effects wear off in one to three hours. Some six hours. Studies show chronic users can be impaired for days.”

Rutledge said one of the vehicular homicide cases he is handling involves a man suspected of driving while marijuana-impaired when his vehicle ran into a bus stop on Spring Mountain Road near Decatur Boulevard, killing four people.

Gary Lee Hosey Jr., 23, struck the bus stop on Sept. 17. His case has not gone to trial yet.

Sgt. Todd Ray Buck of the Metropolitan Police Department said it is important to keep the current law on determining when a marijuana user is high because police often cannot detect it in the field.

“There is no proper dose or anything that says what a safe dose is before driving,” Buck told members of the Senate Health and Human Services Committee.

Under state law, marijuana users are considered high, or driving under the influence, if they have 2 nanograms of marijuana per milliliter in their blood.

Colorado legislators decided Tuesday that 5 nanograms of marijuana per milliliter would be considered driving while drunk or high. State voters there legalized marijuana for all adults, not just medical marijuana patients, in November.

The Nevada committee on Tuesday took no action on Assembly Bill 351, which passed the Assembly 31-8. All eight opponents in the lower house were Republicans.

The bill’s sponsor, Assembly Majority Leader William Horne, D-Las Vegas, said his bill would not stop the prosecution of medical marijuana patients driving high on marijuana but end the legal assumption they are driving impaired because they have more than 2 nanograms of marijuana per milliliter in their blood. The bill only would apply to Nevada’s legal medical marijuana users, which number 3,400.

He said that under the bill, police and prosecutors would “have to work a little harder” to prove the medical marijuana card holder was driving high.

Horne noted that users of prescription drugs drive vehicles and they don’t have a “per se” level such as 2 nanograms that legally indicates they are impaired. Police must show their driving was impaired, and the same standard should apply to medical marijuana users, he said.

“No one here is trying to remove responsibility if you are driving impaired,” Horne said.

He also said Rutledge testified in the Assembly that in four of the five vehicular homicide cases he was handling that marijuana was one of the “components,” not the sole factor that caused erratic driving.

Police said Horsey tested above the 0.08 percent blood-alcohol legal limit right after the accident, but below that level in subsequent tests.

Four parents testified against the bill Tuesday. They said their children were killed in accidents in which the other driver was high on marijuana. One said letting people drive with marijuana in their blood was a “license to kill.”

Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.

ad-high_impact_4
News
Ron Jeremy and Heidi Fleiss React to Dennis Hof's Death
Ron Jeremy and Heidi Fleiss speak about their friend and prominent brothel owner Dennis Hof's death at Dennis Hof's Love Ranch. (Benjamin Hager/Las Vegas Review-Journal)
Nevada brothel owner Dennis Hof has died
Nevada brothel owner and Republican candidate for Nevada State Assembly District 36, Dennis Hof has died. He was 72. Nye County Sherriff's office confirmed. Hof owned Love Ranch brothel, located in Crystal, Nevada.
Las Vegas police investigate suspicious package at shopping center
Las Vegas police evacuated a southeast valley shopping center at Flamingo and Sandhill roads early Tuesday morning while they investigated reports of a suspicious package. (Max Michor/Las Vegas Review-Journal)
The Las Vegas Metro hosts the K-9 Trials
The Las Vegas Metro K-9 Trials returns to the Orleans Arena to benefit the Friends For Las Vegas Police K-9 group.
Kingman residents love their little town
Residents of Kingman, Ariz. talk about how they ended up living in the Route 66 town, and what they love about their quiet community. (K.M. Cannon/Las Vegas Review-Journal)
Service at Southern Nevada Veterans Memorial Cemetery
Twelve unclaimed veterans are honored at Southern Nevada Veterans Memorial Cemetery in Boulder City in Oct. 9, 2018. (Briana Erickson/Las Vegas Review-Journal)
Las Vegas house prices reach highest level in 11 years
Las Vegas house prices are rising But so is the amount of available homes on the market Still, properties priced below $300,000 are selling fast And September was the first time since June 2007 that the median house price reached the $300,000 mark Las Vegas home prices have been rising at one of the fastest rates in the country over the past year Recent data show the market is now less affordable than the national average
National Night Out
About 100 Summerlin residents gathered at Park Centre Dr. in Summerlin on Tuesday for National Night Out. Lt. Joshua Bitsko with Las Vegas Metro, played with 3-year-old David who was dressed as a police officer. Face painting, fire truck tours and more kept kids busy as parents roamed behind them. (Mia Sims/Las Vegas Review-Journal)
Rural homeless issue comes to a head in Pahrump
On Sept. 12, Pahrump sheriff deputies told residents of a homeless encampment on private property that they had 15 minutes to vacate and grab their belongings. That decision might face some legal consequences. (Rachel Aston/Las Vegas Review-Journal)
Remembrance blood drive on October 1
A blood drive was held at the Las Vegas Convention Center on the one year anniversary of the Oct. 1 shooting. (Mat Luschek/Las Vegas Review-Journal)
Remembrance Lights memorial unveiled at St. Rose hospital
A dedication ceremony was held at St. Rose to unveil a memorial and to read the names of those who died on October 1, a year ago. (Mat Luschek/Las Vegas Review-Journal)
1October Blood Drive Remembrance Wall
(Mat Luschek/Las Vegas Review-Journal)
1October Blood Drive
Vitalent hosts a blood drive at the Las Vegas Convention Center on Monday, Oct. 1, 2018, the first anniversary of the Las Vegas shootings. (Mat Luschek/Las Vegas Review-Journal)
1October sunrise remembrance ceremony in Las Vegas
Myanda Smith, sister of Las Vegas shooting victim Neysa Tonks, speaks at the sunrise remembrance ceremony at the Clark County Government Center in downtown Las Vegas, Monday, Oct. 1, 2018. (Chitose Suzuki/Las Vegas Review-Journal)
‪Gov. Brian Sandoval speaks to crowd at Oct. 1 sunrise remembrance ceremony ‬
‪Nevada Gov. Brian Sandoval speaks to the crowd at the Oct. 1 sunrise remembrance ceremony ‬at the Clark County Government Center in downtown Las Vegas, Monday, Oct. 1, 2018. (Michael Quine/Las Vegas Review-Journal)
Father of Route 91 Harvest festival shooting victim talks about college scholarship in his daughter's memory
Chris Davis, father of a Route 91 Harvest festival shooting victim, Neysa Tonks, talks about a college scholarship in his daughter's memory to assist the children of those who died in the shooting. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
Oct. 1 survivor Malinda Baldridge talks about life after the shooting
Malinda Baldridge of Reno attended the Route 91 Harvest festival with her daughter, Breanna, 17, and was shot twice in the leg when the gunman fired on the crowd.
Route 91 survivor talks about lack of progress in gun legislation
Heather Gooze, a Route 91 survivor, talks about lack of progress in gun legislation since the Oct 1. (Bizuayehu Tesfaye/Las Vegas/Review-Journal) @reviewjournal
Review held in death of man after encounter with Las Vegas police
The mother of Tashii Brown, who died after an encounter with Las Vegas police on the Strip, not satisfied after public review of evidence. (K.M. Cannon/Las Vegas Review-Journal)
Clark County Museum opening "How We Mourned: Selected Artifacts from the October 1 Memorials"
The Clark County Museum is opening an exhibit "How We Mourned: Selected Artifacts from the October 1 Memorials" of items left to honor the victims killed in the Route 91 Harvest festival shooting. (Bizuayehu Tesfaye/Las Vegas Review-Journal) @bizutesfaye
Memorial service for former RJ lawyer Mark Hinueber
Mark Hinueber, the Review-Journal's former lawyer and defender of the First Amendment, died in Las Vegas on Aug. 23. Hinueber, who was 66, worked at the RJ and other newspapers for 42 years. On Saturday, his friends and family gathered for a memorial service.
Army veteran honored in Henderson event
Army Sgt. Adam Poppenhouse was honored by fellow veterans in an event hosted by a One Hero at a Time at the Henderson Events Center.
Michelle Obama and Keegan-Michael Key urge Nevadans to vote
Former first lady Michelle Obama and comedian Keegan-Michael Key urged Nevadans to vote at Chaparral High School in Las Vegas Sunday, Sep. 23, 2018. (Marcus Villagran/Las Vegas Review-Journal) @marcusvillagran
Nevada Task Force One Cheers Golden Knights
Nevada Task Force One Cheers Golden Knights
1 dead, 1 wounded in North Las Vegas standoff
A woman was hospitalized with serious injuries on Thursday morning after being shot inside a North Las Vegas house. Police responded about 11 p.m. to a shooting at a home on the 5600 block of Tropic Breeze Street, near Ann Road and Bruce Street. The wounded woman, police believe, was shot by a man, who later barricaded himself inside the house. SWAT was called to assist, and when officers entered the house, they discovered the man dead from an apparent self-inflicted gunshot wound.
Las Vegas Teen Makes Clothing Resale His Side Hustle
Las Vegas resident Reanu Elises, 18, started buying and selling streetwear online when he was a high school junior. Like many other young adults, the world of online resale applications like Depop and Mercari have made selling clothing online for a profit easy. Now, Elises spends his free time at thrift shops looking for rare and vintage clothing he can list on his on his shop. Now in his freshman year at UNLV as a business marketing major, Elises hopes to open a shop of his own one day and start his own clothing brand. He estimates that he's made about $1000 from just thrifted finds in the past year, which he'll use to buy more thrift clothing and help pay for expenses in college. (Madelyn Reese/ Las Vegas Review-Journal) @MadelynGReese
Fruition Vineyards Encourages Young Entrepreneurs to "Buy, Flip, Dream"
Once a month, young adults gather at Fruition Vineyards on South Maryland Parkway near UNLV to dig through a stack of rare, vintage and designer clothing that's marked down well below it's resale value. Shop founder Valerie Julian began the vent, dubbed "Fruition Vineyards" in August after running her streetwear shop since 2005. The event gives young entrepreneurs the opportunity to "buy, flip, dream" according to Jean. Meaning that they're encouraged to buy the clothing for sale and find a way to resell it for a profit, then reinvest that into whatever dream they pursue: college, a hobby or their own resale business. Shoppers lined up starting an hour before noon on the last Saturday in April for the opportunity and spoke about what they hoped to do with their finds and profits. (Madelyn Reese/Las Vegas Review-Journal) @MadelynGReese
Local man goes under cover searching for answers to homelessness
Licensed mental health therapist Sheldon Jacobs spent 48 hours under cover posing as a homeless man in an attempt to gain perspective on the complex issue.
Social Work UNLV Lecturer's Calling
Ivet Aldaba-Valera was the first person in her family to graduate from both high school and college. The 33-year-old UNLV lecturer is now pursuing her Ph. D in public policy at the school and has used her degree in social work to engage with the young Latino and Latina community of Las Vegas. (Madelyn Reese/Las Vegas Review-Journal) @MadelynGReese
Gold Point townsperson talks about why he choose to live in a ghost town
Gold Point townsperson Walt Kremin talks about the ghost town in Nevada he calls home. (Marcus Villagran/Las Vegas Review-Journal) @marcusvillagran
Politics
Ron Jeremy and Heidi Fleiss React to Dennis Hof's Death
Ron Jeremy and Heidi Fleiss speak about their friend and prominent brothel owner Dennis Hof's death at Dennis Hof's Love Ranch. (Benjamin Hager/Las Vegas Review-Journal)
Nevada brothel owner Dennis Hof has died
Nevada brothel owner and Republican candidate for Nevada State Assembly District 36, Dennis Hof has died. He was 72. Nye County Sherriff's office confirmed. Hof owned Love Ranch brothel, located in Crystal, Nevada.
Duncan details his Safer Nevada plan, responds to campaign commercials
Nevada needs to increase the number of psychiatric ERs and the penalty for some serious crimes, according to Republican attorney general candidate Wes. He also contends that voters should consider Democrat candidate Aaron Ford’s multiple arrests and past tax liens.
The Right Take: Kavanaugh Testifies
Ford has accused Kavanaugh of sexually assaulting her around 1982 when both were high school students. Her testimony didn’t provide any new information to corroborate her claims, but her emotion was visible for all to see. She projected a genuine belief that Kavanaugh assaulted her.
Nevada Politics Today: Jon Wellinghoff
Nevada Politics Today host Victor Joecks interviews Jon Wellinghoff, CEO of Grid Policy.
The Right Take: Brett Kavanaugh
Two women have recently accused Brett Kavanaugh of sexually assaulting them over three decades ago. Their allegations aren’t just unverified. Numerous supposed eyewitnesses have directly contradicted them.
Nevada Politics Today: Brett Kavanaugh And Trump
Nevada Politics Today host Victor Joecks and Review-Journal columnist Debra J Saunders talk about Brett Kavanaugh and Trumps visit to Nevada.
Nevada Politics Today: Brett Kavanaugh And Trump
Nevada Politics Today host Victor Joecks and Review-Journal columnist Debra J Saunders talk about Brett Kavanaugh and Trumps visit to Nevada.
Michael Ramirez Joins The Review-Journal Team
Pulitzer prize winning political cartoonist Michael Ramirez talks about joining the Review-Journal and how he started his career.
Nevada Politics Today: Danny Tarkanian
The federal government should create a high-risk pool for individuals with pre-existing conditions. Susie Lee, the Democrat running for Congressional District 3 is against ICE. She’s also ducking debates, despite once challenging her opponent to debate her. That’s according to Danny Tarkanian, the Republican nominee for CD3.
Nevada Politics Today: Danny Tarkanian
The federal government should create a high-risk pool for individuals with pre-existing conditions. Susie Lee, the Democrat running for Congressional District 3 is against ICE. She’s also ducking debates, despite once challenging her opponent to debate her. That’s according to Danny Tarkanian, the Republican nominee for CD3.
Vice President Mike Pence visits Nellis Air Force Base
During his second visit to Nevada, Vice President Mike Pence spoke to airmen inside a Nellis Air Force Base hangar and spent the afternoon campaigning for GOP Sen. Dean Heller and gubernatorial nominee Adam Laxalt.
Nevada Politics Today: Karen Wayland
Nevada Politics Today: Asm. Jim Marchant
Asm. Marchant talks about education, voter integrity and running for leadership Nevada should increase funding for Career and Technical Education, but shouldn’t automatically register voters at the DMV. Assembly Republicans will also oppose tax increases next legislative session. That’s according to Assemblyman Jim Marchant.
Nevada Politics Today: Asm. Pickard talks about taking on LVCVA, taxes and Read by 3
Las Vegas Convention and Visitors Authority CEO Rossi Ralenkotter shouldn’t get a “golden parachute.” Tax increases aren’t necessary, but if politicians want an increase they should send it to voters. Read by Three needs a chance to work, even if it holds back thousands of third graders. That’s according to Senate district 20 candidate and Assemblyman Keith Pickard.
The Right Take: Long-time, high-ranking employee sues CCSD
Start with who filed it. Goldman has worked for the district for 38 years, including 20 years as its chief negotiator. Next, move on to who he’s suing. That list includes the district, former-superintendent Pat Skorkowsky and two board members.
Nevada Politics Today: Nevada School Choice Coalition
Minority parents in Nevada strongly support school choice, and elected officials are taking notice. School choice is also a way to help modernize education. That’s according to Valeria Gurr, director of Nevada School Choice Coalition.
TOP NEWS
News Headlines
Add Event
Home Front Page Footer Listing
Circular
You May Like

You May Like