Nevada committee hears bill to remove old marijuana convictions as automatic barrier to foster licensing

Assembly member Tracy Brownmay and Clark County officials told the Assembly Judiciary Committee on Oct. 27 that Assembly Bill 107 would prevent certain old, nonviolent marijuana convictions from automatically disqualifying people from becoming foster parents.

The bill’s sponsor, Assembly member Tracy Brownmay, said she and co-presenter Ashley Garza Kennedy were bringing AB107 after work in Clark County showed the foster system needs more licensed homes. “There are thousands of children currently in foster care,” Brownmay said, and some people with past marijuana possession convictions have been prevented from licensure even when the conduct would be legal today.

Ashley Garza Kennedy, representing Clark County Family Services, told lawmakers Clark County has more than 3,000 children in foster care on any given day and “fewer than 900 licensed foster homes.” Kennedy described the proposal as targeted: it would not change licensing requirements, background checks or home study procedures; instead the bill would remove an automatic bar for nonviolent marijuana possession convictions older than seven years. “This bill is really just making sure that this background is not an automatic disqualifier,” Kennedy said.

Committee members asked for background on the seven‑year threshold. Jennifer Erbes of Clark County Family Services said the seven‑year period aligns with existing language in Nevada law. Assembly member Orentlicher asked whether the seven years was based on recidivism data; sponsors said they would research and return with supporting data.

In committee discussion, Assembly member Gray said the change could matter in rural counties where licensed foster families are scarce. Clark County staff estimated that at least 10 families per year are lost from the licensing pool because of past marijuana records; the presenters described that number as an operational estimate rather than data derived from a formal study.

Public testimony included support from the Nevada Coalition of Legal Service Providers, which said even a modest increase in foster families could serve many children over a year. There was no opposition testimony in person or on the phone during the hearing.

The hearing was informational; no committee vote on the bill was recorded during the session. Sponsors said they would follow up with the committee on the seven‑year standard and other technical questions.

Looking ahead, sponsors said they will continue to work with stakeholders to refine the measure and provide additional information requested by committee members.