In Nevada, cannabis is legal.
Unless you have ever had the opportunity to drive a car.
You might feel the effects of cannabis for only a few hours. It is possible to feel them for up to six hours. The truth is that you could lose your home, be imprisoned and have your children taken away if you cause an accident.
This sounds absurd? Consider Jeff Krajnak’s story. He was a combat veteran who served in military service in Iraq and Afghanistan.
Krajnak was a veteran of the United States Army and returned to his homeland with a severe case of PTSD.
He found that he was waking up in middle of the night to pull the trigger on a M16 rifle against phantom enemies.
The Veterans Administration offered a “solution,” which was to put Krajnak and thousands of veterans on a combination of 11 powerful prescription drugs, including oxycodone. This left Krajnak feeling “like an animal”
While the opioid-fuelled mixture did not reduce PTSD symptoms, it left Krajnak feeling hopeless, depressed, and plagued by suicidal thoughts.
His veterans friends suggested that he move to Las Vegas as medical cannabis was legal in Nevada at the time, long before recreational legalization.
Krajnak listened to their advice and began using cannabis responsibly. He left behind the VA drugs and was soon sleeping through the night. He was no longer suicidal. He felt more balanced.
He was very careful. He only smoked cannabis at night after his children were asleep.
He was productive at his long-term job and felt that he was getting on the right track in life.
A collision on Boulder Highway at U.S. 95 resulted in the death of another driver. Krajnak had smoked cannabis the night before, which was 20 hours ago.
William Redfairn would conclude that Krajnak wasn’t at fault for the accident. He is the state’s most respected accident investigator.
It doesn’t get better. It gets worse.
A SWAT team of police officers knocked on his door shortly after noon on May 31, 2017.
span style=”color”: #000000 “It was 10:30 AM, and they came to my door with a complete SWAT team with tactical gear with auto weapons,” Krajnak stated. “They grabbed me and slammed my face against the wall.”
The entire episode was recorded on the family’s home security system.
I told them that I had video cameras and they were a bit more relaxed.
Krajnak believes that there was one saving grace. His twins were in school.
They handcuffed me and drove me to jail.
Krajnak was released on $250,000 bail and remained in jail. He was there for six months. His family saved $8,500 to pay for an attorney.
Although Krajnak wasn’t at fault for the accident, he was sentenced to 16 years in prison and the threat of losing his children. All this happened after the effects of cannabis had stopped.
District Judge Caroline Ellsworth was the judge in this case. Ellsworth is normally a hanging judge for impaired driving and any drug use. However, he saw the injustice of sending Krajnak to jail. Krajnak was eventually released on probation.
He was denied the right to use cannabis as per his probation. However, he couldn’t help but continue to take the VA-prescribed drugs.
His entire life was in disarray.
He walked out of the courthouse doors a free man but he was still on probation. He had been subject to tens of thousands in fines, restitution and other penalties for an accident that everyone agreed he didn’t cause.
Fast forward to today and Jeff Krajnak has finally become free, with his probation period over. He is now a productive citizen, and his threat to his family has ended.
However, the threat to legal cannabis users in Nevada is not.
Krajnak’s story stems from a total lack of fortitude by the Nevada Legislature. Although they are aware of the problem, they will likely be among the last to amend the “per se” law to make it better for Nevadans.
We’re basically back to the 1930s with “Reefer Madness” — it seems that no one wants to allow you to use “demon marijuana,” even though legalization has been granted in the state. According to observers, it was the Republicans that refused to protect Nevadans on this issue.
Remember: For two to three days after you have used cannabis, you could easily have enough of the metabolite (which does not affect driving ability) in your bloodstream to cause financial problems and ruin your family’s life.
Keep that in mind. Remember Jeff Krajnak.
Mark Fierro started his career at KLAS-TV in Las Vegas as a reporter/anchor. He was a member of the U.S. House of Representatives, Washington, D.C. He was a communications consultant for Wall Street’s IPO roadshows. He was a litigation supporter for the Michael Jackson trial. Fierro Communications, Inc., where he is the president, conducts mock juries, focus groups, and does public relations and marketing. Fierro is also the author of “Road Rage” and “The Senseless Murder Of Tammy Meyers”. He has appeared on numerous national television news programs.
Jeff Haney is the Executive Vice President of Operations at Fierro Communications. He works closely with Mark Fierro to develop and direct all media, marketing and research strategies for Fierro Communications clients. This includes those in government, business, and high-tech.
The post Court of Public Opinion was first published on Vegas Legal Magazine.