US NV: Editorial: Valley of Fire
URL: http://www.mapinc.org/drugnews/v04/n1088/a02.html
Newshawk: End Marijuana Prohibition: www.mpp.org
Votes: 0
Pubdate: Wed, 28 Jul 2004
Source: Las Vegas City Life (NV)
Copyright: 2004 Las Vegas City Life
Contact: obrien@lvpress.com
Website: http://www.lasvegascitylife.com/
Details: http://www.mapinc.org/media/1653
Author: Mike Zigler
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/people/Jon+Porter
Bookmark: http://www.mapinc.org/find?224 (Cannabis and Driving)
VALLEY OF FIRE
The Drug War or Nevada's Supreme Court - it's tough to conclude which is
more out of control.
Since last July, our justices have disregarded the two-thirds requirement to
increase taxes, denied overly harassed petitioners a filing extension and
ruled it fine for Harrah's to fire a female bartender for not wearing
make-up.
Now there's Jessica Williams.
Williams killed six teenagers in March 2000 on her drive from the Valley of
Fire. She fell asleep behind the wheel, striking the juveniles who were
gathering garbage on an I-15 median. Six counts of involuntary manslaughter
warrants about seven years of prison, granted good behavior.
But Williams had traces of marijuana in her blood. So, enter the ridiculous
Drug War.
Williams instead received 18 to 48 years in prison thanks to a measure Rep.
Jon Porter ( R-Nev. ) fought for when state senator. Porter pushed the
drugged driving law that makes it illegal to operate a vehicle with even the
most minute trace of a controlled substance in the bloodstream. The law
applies even if the person driving is not impaired.
The jury acquitted Williams of driving under the influence. Nurses and
other medical professionals even testified her motor skills weren't
compromised. But she had traces of marijuana in her bloodstream, which
violated Porter's practically zero-tolerance measure. A person's blood
can't have more than two nanograms of an illegal substance. That's two
billionths of a gram.
However, Williams' attorney, John Watkins, discovered a technical flaw in
the unfair drugged driving measure. It does not list marijuana metabolite
as a prohibited substance.
So Watkins argued that Williams was wrongly convicted. But the Nevada
Supreme Court on July 22 figured marijuana metabolite was supposed to be in
the law, therefore denied Williams' appeal. The case is on its way to U.S.
District Court.
There are several problems, but four in particular.
First, Porter's law doesn't consider some drugs can be detected in the
bloodstream days after their use. THC, the main component of marijuana, can
stay in the blood eight days or more - well after the intoxicating effects
wear off.
Second, Williams was wrongly convicted of a terrible law with a technical
problem. She can't be guilty of having more than two nanograms of marijuana
metabolite in her blood if having that substance in her blood is not
illegal.
Third, when having a controlled substance in her blood is a more serious
offense than involuntary murder, something is wrong. Williams would have
spent six or seven years in jail for mauling over six kids, but because she
smoked pot at some point leading up to the accident, she faces up to 48
years.
Finally, the Nevada Supreme Court has disregarded the Nevada Constitution
and petitioner rights. They've OKed sexual discrimination and now decided
it's fine to add words to a law that should have been in tact, but weren't.
Their actions leave Nevadans on a road much more dangerous than the one
Williams drove from the Valley of Fire.
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MAP posted-by: Richard Lake
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Mark
"The welfare of the people in particular
has always been the alibi of tyrants,
and it provides the further advantage
of giving the servants of tyranny a
good conscience."
Albert Camus