The new marijuana laws, passed
with Question 2 will introduwce a host of challenges and changes for the
Carson City District Attorney and Sheriff’s Office.
Question 2 was approved by Nevada voters, legalizing recreational marijuana for residents 21 years and older beginning Jan. 1.
It’s legal for those 21 and over to buy
and possess less than one ounce of marijuana or 1/8 of an ounce of
concentrated cannibals such as hash oil. Residents also are able to grow
up to six plants for personal use and 12 plants for households with two
or more people, according to the Carson City District Attorney’s
Office. However, once the retail marijuana shops open, residents within a
25-mile radius will not be able to grow their own marijuana for
personal use.
Several regulations will be in place for users to follow, creating some challenges for law enforcement and the community.
“There will be immediate and long term impacts to look at,” said District Attorney Jason Woodbury.
The immediate change will be the
legalization of the drug, however it could take a year or more for the
city government to determine the best course of action for certain
aspects, including if and where to build retail marijuana
establishments.
“For those under 21, the current law
remains in effect,” Woodbury said. “In the next year the Department of
Taxation will come up with regulations for marijuana establishments, the
businesses that will grow, distribute and sell directly to people.”
Currently those regulations aren’t in
existence in state law. Earlier this month, the Carson City Planning
Commission recommended to the Board of Supervisors an ordinance to put
an 180-day moratorium on applications for construction of marijuana
establishments. The Board of Supervisors will take up the moratorium at
the Jan. 5 meeting.
The measure calls for retail shops to sell
the substance by 2018, and state officials are already hashing out
details including procedures for determining who gets a license.
“The department is already working to
develop temporary regulations,” said Deonne Contine, executive director
of the Nevada Department of Taxation, which will regulate recreational
weed.
“We intend to hold a public workshop very early in 2017 and then
have our temporary regulations adopted so we can begin issuing
licenses.”
Though this law creates difficulties for
law enforcement, Woodbury said they’ve been preparing for this since the
question was first introduced.
“We will have to deal with certain issues
as we go along, but we have been working closely with the Sheriff’s
Office to be as prepared as we can for these new sets of challenges,”
Woodbury said. “But it isn’t like we didn’t know it was coming, we have
been preparing since the question was put on the ballot. We will just
have to deal with it best we can.”
Sheriff Ken Furlong said there isn’t a
substantial change for them for enforcement purposes. Furlong said they
don’t anticipate the new laws greatly impacting how their K9 deputies
conduct their investigations.
“The impact of change at this point, other
than enforcement actions for less than once ounce by adults, there
isn’t a dramatic shift,” Furlong said. “We still want to make sure we
are keeping the drugs out of our schools, out of the reach of juveniles
and out of our cars.”
Furlong said it will be frustrating for
the department for several months while everyone becomes used to the new
laws, but they’ll make sure they’re looking for and taking enforcement
action with those under the influence while driving.
Users aren’t allowed to smoke in any
public place, including their vehicle, and enforcement will be the same
if anyone is under the influence of marijuana while in control of a
vehicle.
“We care about your use of marijuana once
you get behind the wheel and drive,” said Nevada Highway Patrol Trooper
Duncan Dauber. “Those using marijuana cannot judge their own level of
impairment and need to understand that any amount of consumption puts
individuals at a greater risk of an impaired crash, injury and even
death when behind the wheel.”
“Just like alcohol, if your plans involve
marijuana, make sure you plan a safe and sober ride home. Never risk
your life, or the lives of others, by driving impaired.”
Furlong said they will have zero tolerance for those driving while under the influence of any substance, including marijuana.
Jurisdictions across the state have been
focusing on cracking down on impaired driving during their Joining
Forces events throughout December and January. The National Highway
Traffic Safety Administration found marijuana users were 25 percent more
likely to be involved in a crash than drivers with no evidence of
marijuana use.