Seth A. Richardson

srichardson@rgj.com

Reno City Attorney Karl Hall said Wednesday his office would likely follow in Clark County’s footsteps and stop prosecuting small marijuana possession cases in light of Question 2’s passage.

Question 2 will legalize possession of up to one ounce of marijuana beginning on Jan. 1 while state lawmakers create a regulatory structure during the 2017 Legislature. The Clark County District Attorney’s office announced Tuesday it would stop prosecuting low-level offenders given the impending change in statute.

Hall said on Wednesday he did not see a reason to continue pursuing marijuana possession citations either.

“If the citation is for less than an ounce of marijuana, I don’t see any reason to waste resources on prosecuting a case when it’s going to be legal in January,” he said.

Reno Police Officer Tim Broadway, a spokesman for the Reno Police Department, said RPD was “online with the direction of the city attorney’s office.”

Hall said the cases would likely be dismissed in January. Extenuating circumstances could still merit prosecution, he said.

Current law states a person possessing one ounce or less of marijauana is guilty of a misdemeanor, punishable by a fine of not more than $600 or treatment. A second offence carries a fine of not more than $1,000 or assignment to a treatment program. A third offense is a gross misdemeanor and a fourth offense is a category E felony.

Hall said he had not spoken to Mayor Hillary Schieve about the decision. Schieve did not respond to a request for comment. Other offenses such as driving under the influence, possession by a minor, providing marijuana to a minor or smoking in public would still be prosecuted, he said.

Hall’s decision only effects Reno. Sparks has its own city attorney and the Washoe County district attorney handles all citations in unincorporated areas.

Sparks City Attorney Chet Adams said he would still prosecute until the law officially changes.

“My view is that until it becomes legal it is illegal,” he said.

Sparks Police Officer Ken Gallup, a spokesman for the department, said there would be no changes in enforcement in Sparks.

Washoe County District Attorney Chris Hicks, who oversees citations and misdemeanors in unincorporated areas, said he planned to continue prosecuting until the law takes effect.

"My obligation is to follow the law that’s in place," Hicks said. "I intend on doing that until Jan. 1 and then I will follow that law when it’s in place."

Washoe County Sheriff’s Office spokesman Bob Harmon said there are currently no plans to change enforcement from their department.

Joe Brezny, a spokesman for the Coalition to Regulate Marijuana Like Alcohol, said he applauded the decisions by Hall and the Clark County District Attorney’s office and didn’t understand why other municipalities were remaining steadfast in wanting to prosecute. He added that it was totally within their right to do so since the law doesn’t take effect until Jan. 1.

“The people spoke on this and they spoke pretty definitively,” Brezny said. “So what they’re saying is for the next couple months, they’re going to go against the will of the people who said they want to treat this like alcohol and waste prosecutorial resources.”

This post has been updated.