Marijuana DUI law challenged

The Nevada Supreme Court was told Monday the conviction of a Las Vegas woman for killing six teenagers with her car must be overturned because of flaws in the state's law on driving under the influence of marijuana.

Jessica Williams, 23, was convicted of killing the teenagers after she lost control of her car on Interstate 15 in 2000. The teens were in a juvenile work crew picking up trash along the freeway.

The jury found her guilty in part because she had a prohibited amount of marijuana metabolite in her system.

But Clark County District Judge Michael Douglas ordered a new trial, saying technically the carboxylic acid in her blood is not a prohibited substance.

Justice Bob Rose said when a statute is subject to two interpretations, "the break should go to the defendant."

But Deputy Clark County District Attorney Bruce Nelson said the ruling would lead to "an absurd result" if upheld because it would become legal to drive while under the influence of marijuana.

He urged the court not to "interpret the statute so as to defeat intent."

Lawyer John Watkins said the verdict must be tossed out because marijuana metabolite is not on the state's prohibited substances list. He said the error is worse because the jury ruled she wasn't impaired.

Watkins told the five members of the court hearing the case Williams was convicted of something which isn't an illegal act. He said having metabolite in her system can't be illegal unless the substance is listed as prohibited on the schedule approved by the Nevada Board of Pharmacy.

"They admit it's not in the schedule, and if it's not in the schedule it's not a prohibited substance," he said.

But several justices questioned that logic, saying they think it's clear the Legislature intended to make it illegal to drive with marijuana metabolite in one's system. Justice Nancy Becker said the DUI statute was included to clearly prohibit driving with over a certain amount of marijuana metabolite in the system.

Nelson said he believes legislative intent is clear: "Why are amounts set if the Legislature did not intend to make it illegal?"

Nelson said, however, if the prosecution loses, they will refile the charges against Williams based on marijuana in her system rather than metabolite. He said the prosecution has ample evidence in the case.

Watkins said he believes he'll win and that his client has a much better chance in a new trial without the marijuana metabolite issue.

But, he said, he'll take the issue to federal court if the Supreme Court cancels the order for a new trial.

"If they rule against us, I don't believe the feds will allow it to stand because it's so clear," he said.

Contact Geoff Dornan at nevadaappeal@sbcglobal.net or 687-8750.