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Grow Around Your Kids And Go To Jail

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Nevada parents who grow a single marijuana plant in their home where children live could be subject to a prison term of up to 15 years, according to a bill that was debated Monday at the Nevada Legislature.

Senate Bill 5, sponsored by state Sen. Joe Heck, R-Las Vegas, would subject parents who grow or sell marijuana in the presence of children to the same penalties as adults who operate *drug manufacturing* labs in front of children.

Lawmakers approved a bill in 2005 that created tough prison sentences for people who cook *hard drugs*, or manufacture or sell any illegal drugs in the presence of children as a way to fight the *hard drug* epidemic that many lawmakers say is sweeping Nevada.

Selling and growing marijuana was left out of the 2005 legislation, so now, Heck wants to include it.

"You are exposing children to dangers when you are selling any illegal substance out of your house or growing any illegal substance out of your house, so you should be held to the higher penalties," Heck told the Senate Human Services and Education Committee.

"If a guy has a couple of (marijuana) plants in there (now), he could be out in a week," Heck said. "But if there is a child present, with this, now he could serve five to 15 years for exposing that child to the dangers of this activity."

Members of the American Civil Liberties Union of Nevada and the Clark County Public Defenders office said the bill needs to be re-written to exclude parents who grow small amounts of marijuana.

"The way the bill is currently drafted states that someone could be growing marijuana for their personal use and not for the purposes of distributing it, selling it or engaging in drug trafficking and they would be treated as if they were engaged in those activities," said Gary Peck, executive director of the American Civil Liberties Union of Nevada.

The new law could negatively impact Nevada's overflowing prison population, said Peck, who noted the Nevada Department of Corrections is seeking $300 million over the next two years for prison construction projects.

"No one who is testifying in support of the bill can actually talk about the implications in respect to the incarceration rate," Peck said.

"What we could be doing is shooting fleas with cannons and that is unfortunate," Peck said.

Children who are in the same home where marijuana is grown are in danger, Heck said.

"The very behavior of small children puts them at risk around these materials, including marijuana," Heck said. "As any parent knows, the first place a toddler places anything they find is in their mouth. What if this object is a marijuana plant?"

A representative of the Clark County public defender office said his organization did not advocate the legalization, cultivation or use of marijuana, but the law that provides penalties for parents who cook *hard drugs* in front of children or sell other illegal drugs in front of children should not be applied to those who may grow a few marijuana plants.

"The reason that statute was written the way is was is because *drug manufacturing* labs have a tendency to explode and the chemical components, the fumes and the chemical burns -- the exposure to those -- were the reasons for the greater penalties," said public defender Jason Frierson. "As I read it, this is treating the growth of one marijuana plant similarly with the existence of a *drug manufacturing* lab in the presence of children."

Chairman Maurice Washington, R-Sparks, said he would like to pass the bill out of committee but urged, Frierson and Heck to iron out differences.

Reno officials, the Nevada District Attorneys Association, the Nevada Sheriffs and Chiefs Association and the Peace Officers Research Association of Nevada spoke in favor of the bill.

"It is our belief that anytime you have drugs and children together, it is a dangerous combination, a dangerous mix," said Kristin Erickson, a Washoe County deputy district attorney speaking for the state association.

Increased penalties for smoking marijuana in front of children are not part of the bill, Heck said.

"We're not trying to lock to up -- as much as I would like to -- somebody for smoking a doobie in front of their kids," Heck said. "We are looking at the person who is selling out of their house and growing out of the house and exposing those children to those dangers."



Source: RENO GAZETTE-JOURNAL
Author: RAY HAGAR
Contact: rhagar@rgj.com
Copyright: 2007 RENO GAZETTE-JOURNAL
Website: RGJ.com: Senate considers marijuana, kids bill
 

Gorillabuds

New Member
All the more reason to make MJ legal and educate kids about the realities of MJ. If children can be taught that everything is a choice and that wine with dinner is fine, I think they can grasp the concept that MJ can be used medicinally and/or for the occasional recreational treat. Everything in moderation and resist abuse. Children understand that if they're taught it. There's a time to work and a time to play. The laws must stop lumping MJ in with other hard core drugs that can actually be detrimental in their manufacture. One drug does not lead to another. If that was so, everyone that has a bottle of wine on the dinner table would be promoting drug abuse. When dumbassed politicians realize that growing your own is a fuck of a lot safer and cheaper than buying from a guy on the corner, that it's ok for responsible adults to set their own limits and that what happens in someones own home is none of their fucking business, maybe we'll actually get some useful legislation from our tax dollars.
 

CookieMan

Passionado
Fucking douchbag politicians.
Someone should take them to their weed "manufacturing lab" and show them just how safe and natural it is. But first they should tour a meth lab and then goto the weed lab. Give them a comparason.

What if you are running an illegal still in your children's bedroom? Just another thought.
 

Brett2theMax

New Member
Don't you go to prison for growing anywise? Its called manufacturing I believe, and that is a prisonable offense.
 

Gorillabuds

New Member
Fucking douchbag politicians.
Someone should take them to their weed "manufacturing lab" and show them just how safe and natural it is. But first they should tour a meth lab and then goto the weed lab. Give them a comparason.

What if you are running an illegal still in your children's bedroom? Just another thought.

Anyone can legally produce up to 200 gallons of alcohol in their own home before they're supposed to pay a tax on it. How's that for hypocrisy? Here, buy this pack of cigarettes that'll kill you eventually for sure but heaven forbid if you grow your own MJ and smoke it. I wonder if politicians/lawmakers ever considered the fact that there's a high (no pun) demand for MJ from every level of society and that the majority of the people smoking it are productive. They hold down jobs and run their lives just fine. The only trouble comes when they get caught puffing the spliff or growing a few plants. Everything before that was more than likely "trouble free".
 

Gorillabuds

New Member
Don't you go to prison for growing anywise? Its called manufacturing I believe, and that is a prisonable offense.

Not always. I got caught growing in 1991 and nothing happened. I had 4 pistols pointed at me and had 11 cops in my house for growing 4 plants. By the end of they night, they handed me back my pistol (I'm licensed to carry) and they handed me a ticket for unlicensed cultivation of cannabis, read me my rights, fingerprints..mug shots..the works. I showed up for court on the date noted on the ticket with a $2K lawyer in tow and my name wasn't even on the docket. They knew they had "wasted" their time for 4 plants so they never filed charges formally. The district attorney had no knowledge of any charges and urged us to go away. So no, you don't always go to prison for growing. If you get caught, be "matter of fact" with the cops. Explain yourself like an adult and don't whine. Present yourself as being responsible and not an immature dickhead and they'll probably be reasonable. They really do not want to waste their time with people that are not trash. Most of the cops really aren't a problem. The real problem is the nonsense laws they're supposed to enforce. I heard cops in my own home muttering to each other "I can't believe we're here for this".
 

Brett2theMax

New Member
Good to know.
 
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