Yes. This bill will decriminalize the use of Medical Marijuana and prohibit housing discrimination based on the use of Medical Marijuana. It would also prohibit using urine tests for the purpose of evidence for DUI, instead a combination of blood and saliva would be used for evidence for DUI.
No. I don’t want to be an “expert” on this kind of stuff, but it seems to me that MJ use is and will still be a criminal offense under federal law. And of course we want pot heads to run around under the influence, being a danger to themselves and to the public. That sure makes good pubic policy. As anyone who’s been around them will know but maybe not admit, second-hand tobacco smoke will make you sick, but second-hand MJ smoke will also make YOU high. Just what we need, especially in the close quarters of an apartment complex.
The problem with all bills of this sort is that state law does not change federal law, whatever we may think of it or its constitutionality. And under federal law, use of MJ remains a criminal offense.
And of course missing from the discussion are some facts which presumably folks such as the proponents and critics (below) would have easier access to than us amateurs: what are we really talking about here; that is,
What are the statistics for
- number or percentage of drivers driving under the influence of “medical” or “recreational” marijuana?
- number or percentage of CCW holders who are also users of “medical” or “recreational” marijuana?
- number or percentage of users of “medical” or “recreational” marijuana who are arrested or convicted of DUI or gun-related offenses?
by Nevada Firearms Coalition
The Nevada Firearms Coalition is STRONGLY OPPOSED to the passage of this bill.
This bill would provide that the holder of a valid medical marijuana card be able to also hold a concealed carry permit for a firearm.
In order to purchase a firearm, the buyer must fill out a federal form 4473. On that application is the following line:
Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.
It is illegal to buy or possess a firearm if the buyer is a user of marijuana, thus it would also be a violation of Federal law to use marijuana while also holding a CCW permit. Passage of SB 378 will not change that fact, which is based on Federal law.
Nevada is currently in compliance with the “Brady Bill” which means that the Federal Government allows CCW holders to have an instant background check for firearms purchases at no cost.
Should this bill pass, the state would be out of compliance with the Brady Bill, meaning Nevada would now have to charge the $25.00 background check fee. That affects all 116,000 CCW holders in the state.
This factor needs to be carefully considered if this bill moves forward.