February 20, 2007:

During the 2005 legislative session, this body passed AB 465 which made it unlawful for a person, who, in violation of the provisions of NRS 453, allows a child to be present in any conveyance or upon any premise wherein a controlled substance is being used; sold, exchanged, bartered, supplied, prescribed, dispensed, given away or administered; manufactured or compounded.

Simply stated, AB 465 stated you cannot use, sell, or manufacture an illicit substance in the presence of a child.

Interestingly, AB 465 encompassed all controlled substances, including those which are prescription medications, with the specific exception of marijuana. I have introduced legislation, SB 6, that would include marijuana in the list of controlled substances that is subjected to the provisions of the prior legislation as it pertains to selling and manufacturing in the presence of a child, but does not include the increased penalties associated with use in the presence of a child. This is a bill about protecting children, not punishing marijuana users.

Some marijuana facts:

1. According to the 2005 National Survey on Drug Use and Health, the number of past year marijuana users in 2005 was approximately 25.4 million and more than half (52.7%) of users who bought their marijuana purchased it inside a residence. This is an important fact to remember.

2. There were a total of 1,846,351 state and local arrests for drug abuse violations in the United States during 2005. Of the drug arrests, 4.9% (90,471) were for marijuana sale or manufacturing.

Why is this legislation needed?

It is well documented that there is an increased likelihood of violence associated with drug dealing, regardless of the actual drug. I can personally attest to this fact from my experiences supporting tactical law enforcement operations where children are frequently present in the premises where a warrant is served, and I am sure anyone you know in law enforcement would tell you the same - that is why every major law enforcement organization in Nevada testified in support of this bill. Even if we were to discount the potential for physical injury, what are the psychological and emotional injuries that result from seeing a parent taken away in handcuffs?

Additionally, the very behavior of small children puts them at an increased risk if they are around these materials, to include marijuana. As any parent knows, the first place a toddler places any object they find is their mouth. What if that object was a marijuana plant? What if a child had been present in the recently reported case where an individual in Pahrump had 750 marijuana plants?

Recall the fact I presented earlier: 52.7% or 13,385,800 users in 2005 obtained their marijuana from a seller inside a residence – the very places where children are likely to be found.

In conclusion, due to the physical, psychological and emotional dangers associated with drug dealing and manufacturing, regardless of the drug, children in Nevada have continued to be placed at risk. This legislation is needed to protect our most vulnerable population: our children.
 

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