MINUTES OF THE

SENATE Committee on Human Resources and Facilities

 

Seventy-First Session

June 3, 2001

 

 

The Senate Committee on Human Resources and Facilitieswas called to order by Chairman Raymond D. Rawson, at 7:40 a.m., on Sunday, June 3, 2001, in Room 2135 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Agenda.  Exhibit B is the Attendance Roster.  All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

 

COMMITTEE MEMBERS PRESENT:

 

Senator Raymond D. Rawson, Chairman

Senator Maurice Washington, Vice Chairman

Senator Mark Amodei

Senator Bernice Mathews

Senator Michael Schneider

Senator Valerie Wiener

 

COMMITTEE MEMBERS ABSENT:

 

Senator Randolph J. Townsend (Excused)

 

GUEST LEGISLATORS PRESENT:

 

Assemblywoman Christina R. Giunchigliani, Clark County Assembly District    No. 9

Assemblyman Dennis Nolan, Clark County Assembly District No. 13

 

STAFF MEMBERS PRESENT:

 

H. Pepper Sturm, Committee Policy Analyst

Cynthia Cook, Committee Secretary

 

OTHERS PRESENT:

 

Brenda J. Erdoes, Legislative Counsel, Legislative

            Counsel Bureau

James J. Jackson, Lobbyist, Nevada Attorneys for Criminal Justice

 

Chairman Rawson opened the hearing on Assembly Bill (A.B.) 453.

 

ASSEMBLY BILL 453:  Exempts medical use of marijuana in certain circumstances and revises penalties for possessing marijuana.       (BDR 40-121)

 

Chairman Rawson read from the Constitution of The State of Nevada which provides for the use by a patient, upon the advice of his physician, of a plant of the genus Cannabis for the treatment or alleviation of cancer, glaucoma, acquired immunodeficiency syndrome; severe, persistent nausea of cachexia resulting from these or other chronic or debilitating medical conditions; epilepsy and other disorders characterized by seizure; multiple sclerosis and other disorders characterized by muscular spasticity; or other conditions approved pursuant to law for such treatment.

 

Chairman Rawson emphasized the importance of a preamble in certain legislation, in order to define legislative intent.  He read from the preamble in the proposed amendment to A.B. 453 (Exhibit C), which states there are reliable reports speaking to the therapeutic use of marijuana, and in the general elections held in 1998 and 2000, the people of the State of Nevada voiced their overwhelming support for a constitutional amendment to allow for the medical use of marijuana in this state.  He said one could argue back and forth as to whether the people knew the implications of their vote on the initiative petition. 

 

Chairman Rawson summarized the remainder of the preamble (Exhibit C), and Brenda J. Erdoes, Legislative Counsel, Legislative Counsel Bureau, explained the preamble is not binding law, but in cases of ambiguity the court will review the preamble to discern legislative intent. 

 

Senator Wiener emphasized the section of the amendment which stresses the commitment of the legislature to review the program for the distribution and medical use of marijuana, determine the effectiveness of the study, and decide if the program is addressing the best interests of the people of the State of Nevada.

 

Chairman Rawson requested the committee review the amendment from the beginning.  Ms. Erdoes explained the first entry is a technical correction.  She said the following two changes were important to protect the confidentiality of those in the study, since the State Department of Agriculture and the Department of Motor Vehicles and Public Safety will be involved in the process.  Ms. Erdoes continued, line 15 on page one of Exhibit C amends the bill as a whole by establishing the program under the auspices of the University of Nevada School of Medicine, explaining the application process, the reporting process, and the accounting of funds.

 

Ms. Erdoes, in answer to a question by Chairman Rawson, explained the criminal provision for a first offense of the possession of one ounce or less of marijuana is either a fine of not more than $600 or an examination by an approved facility for the treatment of drug abuse.  She said the court has the flexibility to determine which provision is best for the offender.

 

Senator Mathews asked Ms. Erdoes if the drug courts are not currently doing the same thing.  Ms. Erdoes replied in the affirmative, and added the courts have a great deal of flexibility in these situations.

 

Assemblywoman Christina R. Giunchigliani, Clark County Assembly District    No. 9, said the key here is intervention with the emphasis on treatment rather than the payment of a fine. 

 

Chairman Rawson asked what would be the next step if a first time       offender were examined, and tested positive for drug abuse.                  Assemblywoman Giunchigliani answered treatment could be ordered at that time, and Ms. Erdoes said unless the defendant is indigent, he or she must pay for the evaluation and treatment, so although it is not a fine, there would be some payment required.  Chairman Rawson commented this would have the same effect as a fine.

 

Ms. Erdoes explained the amendment changes the punishment for a second offense to be a fine of not more than $1000 or assignment to a program of treatment and rehabilitation.  She said a third offense, a gross misdemeanor, is punishable as provided in Nevada Revised Statutes (NRS)193.140, and a fourth or subsequent offense, a Category E felony, is punishable as provided in       NRS193.130.

 

James L. Jackson, Lobbyist, Nevada Attorneys for Criminal Justice, testified the revision for a third offense opens up the possibility for up to two years of probation, supervised by the Division of Probation and Parole, and any other conditions including treatment a judge would find appropriate at sentencing.

 

In answer to questions by Senator Wiener Mr. Jackson said: the gross misdemeanor statute allows for the prescription of a penalty of up to a year in jail and or a $2000 fine; treatment could also be a part of both a third and a fourth offense; and the decisions are put in the hands of the judges to decide after considering a pre-sentencing investigation.  He continued, if rehabilitation is violated, the person would be held in contempt and, at the discretion of the court, be sentenced to 25 days or more in jail. 

 

Ms. Erdoes told the committee the next session of the legislature would review statistics provided by the staff of the Legislative Counsel Bureau.

 

Ms. Erdoes told Senator Washington the University of Nevada School of Medicine would establish and monitor the program and the participants.  She said the amendment does not change registration requirements and does allow participants to grow up to four marijuana plants, and seed distribution would be by the university or the State Department of Agriculture.

 

In answer to an inquiry by Senator Mathews, Chairman Rawson said if a person has more than the allowable plants or traffics in marijuana, he or she is in big trouble.

 

Assemblywoman Giunchigliani said only those who are registered are eligible for the program, and if they go beyond the regulations, current law prevails.       Mr. Jackson added the participant would also lose their eligibility in the program.

 

Chairman Rawson called for a motion on A.B. 453.

 

            SENATOR SCHNEIDER MOVED TO AMEND AND DO PASS A.B. 453.

 

            SENATOR AMODEI SECONDED THE MOTION.

 

Senator Washington said, for the record, he was pleased with the work done by the subcommittee on the bill, and for the safeguards in the bill.  He said his own convictions would not allow him to vote for the bill in committee or on the floor.

 

            THE MOTION CARRIED.  (SENATOR WASHINGTON VOTED NO.)

 

*****

 

Senator Washington led the discussion on A.B. 174.

 

ASSEMBLY BILL 174:  Authorizes juvenile court to establish program of visitation to office of county coroner and to order child adjudicated delinquent to participate in such program. (BDR 5-103)

 

Assemblyman Dennis Nolan, Clark County Assembly District No. 13, asserted A.B. 174 would allow judges to determine whether a visit by youthful offenders to the county coroner would be beneficial, provided there is parental consent.  He said information from other states having similar programs confirms success.  Assemblyman Nolan explained the fiscal note has been removed, and a $45 fee, based on the ability of the child or parent to pay, would be used to cover the costs of clothing at the office of the coroner and for part-time personnel.  He said the bill would expire in the year 2005 in order to receive and review reporting from the juvenile court system.  Assemblyman Nolan answered questions from Senator Washington.  He said the age limit for the programs applies to offenders up to the age of 21, and responses from judges and offenders who have gone through the program indicate, rather than desensitize young people, it actually has left a lifelong positive effect.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senator Washington informed Assemblyman Nolan A.B. 174 will be considered on the floor of the senate, and adjourned the meeting at 8:35 a.m.

 

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Cynthia Cook,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Raymond D. Rawson, Chairman

 

 

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