NV: Will Pot Offenders Still Get Prosecuted Once Question 2 Is Law?

Katelyn Baker

Well-Known Member
Reno, Nev. - Nevada prosecutors disagree on whether to continue prosecuting low-level marijuana offenders now that Question 2 has passed and recreational marijuana will be legal in January 2017.

Reno City Attorney Karl Hall said he agrees with the Clark County District Attorney's office, which halted prosecution of pot offenders with small amounts of marijuana in their system.

"I don't know that I'm going to expend a lot of resources on prosecuting a citation for a minor amount of marijuana," Hall said.

"A person can come in and have that conviction erased from their record, and so I don't know that there's any purpose in requiring a person to go through that process when it's going to be legal in a short period of time."

Here in Northern Nevada, Hall is in the minority. The Sparks City Attorney and district attorneys for Washoe County and Carson City disagree.

"If my police officers continue to cite people ... it's my job to continue to prosecute people," Sparks City Attorney Chet Adams said.

Adams said that although it will be legal to possess marijuana as of Jan. 1, 2017, there still won't be any legal method of obtaining pot.

"I don't see how the sale of marijuana can even be facilitated until the state Department of Taxation can come up with its set of regulations," he said. "So you're going to have almost an entire year where the sale, let alone the possession, of marijuana ... is still going to be illegal."

Washoe County District Attorney Chris Hicks said there are very few cases involving less than one ounce of marijuana where other, more severe, charges aren't also involved. However, he said for those few cases, he will continue to prosecute normally.

"I don't get to say 'I don't like this law, I do like this one,'" Hicks said. "My job is to enforce the laws, and if I can prove (they violated the law) and if the facts are there ... I (will continue to prosecute)."

Carson City District Attorney Jason Woodbury said his office will continue prosecuting these marijuana cases under the current law. He said the fact that Carson City voted against Question 2 factored into his decision.

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Full Article: Will Pot Offenders Still Get Prosecuted Once Question 2 Is Law?
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