requires two-thirds majority vote (§§ 19, 21, 23, 32)                                                                                                                                  

                                                                                                  

 

Assembly Bill No. 453–Assemblywoman Giunchigliani

 

March 19, 2001

____________

 

Referred to Concurrent Committees on Judiciary
and Ways and Means

 

SUMMARY—Authorizes medical use of marijuana in certain circumstances and revises penalties for possessing marijuana. (BDR 40‑121)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Contains Appropriation not included in Executive Budget.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to controlled substances; authorizing the medical use of marijuana in certain circumstances; revising the penalties for possessing marijuana; making appropriations for the continuation of certain court programs of treatment for the abuse of alcohol or drugs; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Title 40 of NRS is hereby amended by adding thereto a

1-2  new chapter to consist of the provisions set forth as sections 2 to 33,

1-3  inclusive, of this act.

1-4    Sec. 2.  As used in this chapter, unless the context otherwise

1-5  requires, the words and terms defined in sections 3 to 16, inclusive, of

1-6  this act have the meanings ascribed to them in those sections.

1-7    Sec. 3.  “Administer” has the meaning ascribed to it in NRS 453.021.

1-8    Sec. 4.  “Attending physician” means a physician who:

1-9    1.  Is licensed to practice medicine pursuant to the provisions of

1-10  chapter 630 of NRS; and

1-11    2.  Has primary responsibility for the care and treatment of a person

1-12  diagnosed with a chronic or debilitating medical condition.

1-13    Sec. 5.  “Cachexia” means general physical wasting and

1-14  malnutrition associated with chronic disease.

1-15    Sec. 6.  “Chronic or debilitating medical condition” means:

1-16    1.  Acquired immune deficiency syndrome;

1-17    2.  Cancer;

1-18    3.  Glaucoma;

1-19    4.  A medical condition or treatment for a medical condition that

1-20  produces, for a specific patient, one or more of the following:

2-1    (a) Cachexia;

2-2    (b) Persistent muscle spasms, including, without limitation, spasms

2-3  caused by multiple sclerosis;

2-4    (c) Seizures, including, without limitation, seizures caused by

2-5  epilepsy;

2-6    (d) Severe nausea; or

2-7    (e) Severe pain; or

2-8    5.  Any other medical condition or treatment for a medical condition

2-9  that is:

2-10    (a) Classified as a chronic or debilitating medical condition by

2-11  regulation of the division; or

2-12    (b) Approved as a chronic or debilitating medical condition pursuant

2-13  to a petition submitted in accordance with section 30 of this act.

2-14    Sec. 7.  “Deliver” or “delivery” has the meaning ascribed to it in

2-15  NRS 453.051.

2-16    Sec. 8.  “Department” means the state department of agriculture.

2-17    Sec. 9.  1.  “Designated primary caregiver” means a person who:

2-18    (a) Is 18 years of age or older;

2-19    (b) Has significant responsibility for managing the well-being of a

2-20  person diagnosed with a chronic or debilitating medical condition; and

2-21    (c) Is designated as such in the manner required pursuant to section

2-22  23 of this act.

2-23    2.  The term does not include the attending physician of a person

2-24  diagnosed with a chronic or debilitating medical condition.

2-25    Sec. 10.  “Division” means the health division of the department of

2-26  human resources.

2-27    Sec. 11.  “Drug paraphernalia” has the meaning ascribed to it in

2-28  NRS 453.554.

2-29    Sec. 12.  “Marijuana” has the meaning ascribed to it in NRS

2-30  453.096.

2-31    Sec. 13.  “Medical use of marijuana” means the possession or

2-32  delivery of marijuana, or paraphernalia used to administer marijuana, as

2-33  necessary for the exclusive benefit of a person to mitigate the symptoms

2-34  or effects of his chronic or debilitating medical condition.

2-35    Sec. 14.  “Registry identification card” means a document issued by

2-36  the department that identifies:

2-37    1.  A person who is authorized to engage in the medical use of

2-38  marijuana; or

2-39    2.  The designated primary caregiver, if any, of a person described in

2-40  subsection 1.

2-41    Sec. 15.  1.  “Usable marijuana” means the dried leaves and flowers

2-42  of a plant of the genus Cannabis, and any mixture or preparation

2-43  thereof, that are appropriate for medical use as allowed pursuant to the

2-44  provisions of this chapter.

2-45    2.  The term does not include the seeds, stalks and roots of the plant.

2-46    Sec. 16.  “Written documentation” means:

2-47    1.  A statement signed by the attending physician of a person

2-48  diagnosed with a chronic or debilitating medical condition; or

3-1    2.  Copies of the relevant medical records of a person diagnosed with

3-2  a chronic or debilitating medical condition.

3-3    Sec. 17.  1.  Except as otherwise provided in sections 18, 24 and 31

3-4  of this act, a person engaged in or assisting in the medical use of

3-5  marijuana is exempt from state prosecution for:

3-6    (a) Possession or delivery of marijuana or drug paraphernalia;

3-7    (b) Aiding and abetting another in the possession or delivery of

3-8  marijuana or drug paraphernalia; or

3-9    (c) Any other criminal offense in which possession or delivery of

3-10  marijuana or drug paraphernalia is an element,

3-11  if the person holds a registry identification card issued to him pursuant

3-12  to section 20 or 23 of this act.

3-13    2.  In addition to the provisions of subsection 1, no person may be

3-14  prosecuted for constructive possession, conspiracy or any other criminal

3-15  offense solely for being in the presence or vicinity of the medical use of

3-16  marijuana as authorized pursuant to the provisions of this chapter.

3-17    Sec. 18.  1.  A person who holds a registry identification card issued

3-18  to him pursuant to paragraph (a) of subsection 1 of section 20 of this act

3-19  may engage in, and the designated primary caregiver of such a person, if

3-20  any, may assist in, the medical use of marijuana only as justified to

3-21  mitigate the symptoms or effects of the person’s chronic or debilitating

3-22  medical condition. Except as otherwise provided in subsection 2, a

3-23  person who possesses a registry identification card issued to him

3-24  pursuant to paragraph (a) of subsection 1 of section 20 of this act and

3-25  the designated primary caregiver of such a person, if any, may not

3-26  collectively possess or deliver more than 2 ounces of usable marijuana.

3-27    2.  If the persons described in subsection 1 possess or deliver

3-28  marijuana in an amount which exceeds the amount allowed pursuant to

3-29  that subsection, those persons:

3-30    (a) Are not exempt from state prosecution for possession or delivery of

3-31  marijuana.

3-32    (b) May establish an affirmative defense to charges of possession or

3-33  delivery of marijuana in the manner set forth in section 25 of this act.

3-34    Sec. 19.  1.  The department shall establish and maintain a program

3-35  for the issuance of registry identification cards to persons who meet the

3-36  requirements of this section.

3-37    2.  Except as otherwise provided in subsections 3 and 5, the

3-38  department shall issue a registry identification card to a person who pays

3-39  a fee in an amount established by the department, but not to exceed $150,

3-40  and submits an application on a form prescribed by the department

3-41  accompanied by the following:

3-42    (a) Valid, written documentation from the person’s attending

3-43  physician stating that:

3-44      (1) The person has been diagnosed with a chronic or debilitating

3-45  medical condition;

3-46      (2) The medical use of marijuana may mitigate the symptoms or

3-47  effects of that condition; and

3-48      (3) The attending physician has explained the possible risks and

3-49  benefits of the medical use of marijuana;

4-1    (b) The name, address, telephone number, photograph, social security

4-2  number and date of birth of the person;

4-3    (c) The name, address and telephone number of the person’s

4-4  attending physician; and

4-5    (d) If the person elects to designate a primary caregiver at the time of

4-6  application:

4-7       (1) The name, address, telephone number, photograph and social

4-8  security number of the designated primary caregiver; and

4-9       (2) A written, signed statement from his attending physician in

4-10  which the attending physician approves of the designation of the primary

4-11  caregiver.

4-12  The department is not prohibited from imposing an additional fee for the

4-13  issuance of a registry identification card to a designated primary

4-14  caregiver.

4-15    3.  The department shall issue a registry identification card to a

4-16  person who is under 18 years of age if:

4-17    (a) The person pays the fee and submits the materials required

4-18  pursuant to subsection 2; and

4-19    (b) The custodial parent or legal guardian with responsibility for

4-20  health care decisions for the person under 18 years of age signs a written

4-21  statement setting forth that:

4-22      (1) The attending physician of the person under 18 years of age has

4-23  explained to that person and to the custodial parent or legal guardian

4-24  with responsibility for health care decisions for the person under 18

4-25  years of age the possible risks and benefits of the medical use of

4-26  marijuana;

4-27      (2) The custodial parent or legal guardian with responsibility for

4-28  health care decisions for the person under 18 years of age consents to the

4-29  use of marijuana by the person under 18 years of age for medical

4-30  purposes;

4-31      (3) The custodial parent or legal guardian with responsibility for

4-32  health care decisions for the person under 18 years of age agrees to serve

4-33  as the designated primary caregiver for the person under 18 years of age;

4-34  and

4-35      (4) The custodial parent or legal guardian with responsibility for

4-36  health care decisions for the person under 18 years of age agrees to

4-37  control the acquisition of marijuana and the dosage and frequency of use

4-38  by the person under 18 years of age.

4-39    4.  The form prescribed by the department to be used by a person

4-40  applying for a registry identification card pursuant to this section must

4-41  be a form that is in quintuplicate. Upon receipt of an application that is

4-42  completed and submitted pursuant to this section, the department shall:

4-43    (a) Record on the application the date on which it was received;

4-44    (b) Retain one copy of the application for the records of the

4-45  department; and

4-46    (c) Distribute the other four copies of the application in the following

4-47  manner:

4-48      (1) One copy to the person who submitted the application;

5-1       (2) One copy to the applicant’s designated primary caregiver, if

5-2  any;

5-3       (3) One copy to the central repository for Nevada records of

5-4  criminal history; and

5-5       (4) One copy to the board of medical examiners.

5-6    5.  The department shall verify the information contained in an

5-7  application submitted pursuant to this section and shall approve or deny

5-8  an application within 30 days after receiving the application. The

5-9  department may contact an applicant, his attending physician and

5-10  designated primary caregiver, if any, by telephone to determine that the

5-11  information provided on or accompanying the application is accurate.

5-12  The department may deny an application only on the following grounds:

5-13    (a) The applicant failed to provide the information required pursuant

5-14  to subsections 2 and 3 to:

5-15      (1) Establish his chronic or debilitating medical condition; or

5-16      (2) Document his consultation with an attending physician

5-17  regarding the medical use of marijuana in connection with that

5-18  condition;

5-19    (b) The applicant failed to comply with regulations adopted by the

5-20  department, including, without limitation, the regulations adopted by the

5-21  director pursuant to section 32 of this act;

5-22    (c) The department determines that the information provided by the

5-23  applicant was falsified;

5-24    (d) The department determines that the attending physician of the

5-25  applicant is not licensed to practice medicine in this state or is not in

5-26  good standing, as reported by the board of medical examiners;

5-27    (e) The department determines that the applicant, or his designated

5-28  primary caregiver, if applicable, has been convicted of knowingly or

5-29  intentionally selling a controlled substance;

5-30    (f) The department has prohibited the applicant from obtaining or

5-31  using a registry identification card pursuant to subsection 2 of section 24

5-32  of this act; or

5-33    (g) In the case of a person under 18 years of age, the custodial parent

5-34  or legal guardian with responsibility for health care decisions for the

5-35  person has not signed the written statement required pursuant to

5-36  paragraph (b) of subsection 3.

5-37    6.  The decision of the department to deny an application for a

5-38  registry identification card is a final decision for the purposes of judicial

5-39  review. Only the person whose application has been denied or, in the

5-40  case of a person under 18 years of age whose application has been

5-41  denied, the person’s parent or legal guardian, has standing to contest the

5-42  determination of the department. A judicial review authorized pursuant

5-43  to this subsection must be limited to a determination of whether the

5-44  denial was arbitrary, capricious or otherwise characterized by an abuse

5-45  of discretion and must be conducted in accordance with the procedures

5-46  set forth in chapter 233B of NRS for reviewing a final decision of an

5-47  agency.

6-1    7.  A person whose application has been denied may not reapply for 6

6-2  months after the date of the denial, unless the department or a court of

6-3  competent jurisdiction authorizes reapplication in a shorter time.

6-4    8.  Except as otherwise provided in this subsection, if a person has

6-5  applied for a registry identification card pursuant to this section and the

6-6  department has not yet approved or denied the application, the person,

6-7  and his designated primary caregiver, if any, shall be deemed to hold a

6-8  registry identification card upon the presentation to a law enforcement

6-9  officer of the copy of the application provided to him pursuant to

6-10  subsection 4. A person may not be deemed to hold a registry

6-11  identification card for a period of more than 30 days after the date on

6-12  which the department received the application.

6-13    Sec. 20.  1.  If the department approves an application pursuant to

6-14  subsection 5 of section 19 of this act, the department shall, as soon as

6-15  practicable after approving the application:

6-16    (a) Issue a serially numbered registry identification card to the

6-17  applicant; and

6-18    (b) If the applicant has designated a primary caregiver, issue a serially

6-19  numbered registry identification card to the designated primary

6-20  caregiver.

6-21    2.  A registry identification card issued pursuant to paragraph (a) of

6-22  subsection 1 must set forth:

6-23    (a) The name, address, photograph and date of birth of the applicant;

6-24    (b) The date of issuance and date of expiration of the registry

6-25  identification card;

6-26    (c) The name and address of the applicant’s designated primary

6-27  caregiver, if any; and

6-28    (d) Any other information prescribed by regulation of the department.

6-29    3.  A registry identification card issued pursuant to paragraph (b) of

6-30  subsection 1 must set forth:

6-31    (a) The name, address and photograph of the designated primary

6-32  caregiver;

6-33    (b) The date of issuance and date of expiration of the registry

6-34  identification card;

6-35    (c) The name and address of the applicant for whom the person is the

6-36  designated primary caregiver; and

6-37    (d) Any other information prescribed by regulation of the department.

6-38    4.  A registry identification card issued pursuant to this section is

6-39  valid for a period of 1 year and may be renewed in accordance with

6-40  regulations adopted by the department.

6-41    Sec. 21.  1.  A person to whom the department has issued a registry

6-42  identification card pursuant to paragraph (a) of subsection 1 of section

6-43  20 of this act shall, in accordance with regulations adopted by the

6-44  department:

6-45    (a) Notify the department of any change in his name, address,

6-46  telephone number, attending physician or designated primary caregiver,

6-47  if any; and

6-48    (b) Submit annually to the department:

7-1       (1) Updated written documentation from his attending physician in

7-2  which the attending physician sets forth that:

7-3         (I) The person continues to suffer from a chronic or debilitating

7-4  medical condition;

7-5         (II) The medical use of marijuana may mitigate the symptoms or

7-6  effects of that condition; and

7-7         (III) He has explained to the person the possible risks and

7-8  benefits of the medical use of marijuana;

7-9       (2) If he elects to designate a primary caregiver for the subsequent

7-10  year and the primary caregiver so designated was not the person’s

7-11  designated primary caregiver during the previous year:

7-12        (I) The name, address, telephone number, photograph and social

7-13  security number of the designated primary caregiver; and

7-14        (II) A written, signed statement from his attending physician in

7-15  which the attending physician approves of the designation of the primary

7-16  caregiver; and

7-17      (3) The fee, not to exceed $100, for renewing his registry

7-18  identification card, as established pursuant to the regulations of the

7-19  department.

7-20    2.  A person to whom the department has issued a registry

7-21  identification card pursuant to paragraph (b) of subsection 1 of section

7-22  20 of this act or pursuant to section 23 of this act shall, in accordance

7-23  with regulations adopted by the department:

7-24    (a) Notify the department of any change in his name, address,

7-25  telephone number or the identity of the person for whom he acts as

7-26  designated primary caregiver; and

7-27    (b) Submit annually to the department the fee, not to exceed $100, for

7-28  renewing his registry identification card, as established pursuant to the

7-29  regulations of the department.

7-30    3.  If a person fails to comply with the provisions of subsection 1 or 2,

7-31  the registry identification card issued to him shall be deemed expired. If

7-32  the registry identification card of a person to whom the department

7-33  issued the card pursuant to paragraph (a) of subsection 1 of section 20 of

7-34  this act is deemed expired pursuant to this subsection, a registry

7-35  identification card issued to the person’s designated primary caregiver, if

7-36  any, shall also be deemed expired.

7-37    Sec. 22.  If a person to whom the department has issued a registry

7-38  identification card pursuant to paragraph (a) of subsection 1 of section

7-39  20 of this act is diagnosed by his attending physician as no longer having

7-40  a chronic or debilitating medical condition, the person and his

7-41  designated primary caregiver, if any, shall return their registry

7-42  identification cards to the department within 7 days after notification of

7-43  the diagnosis.

7-44    Sec. 23.  1.  If a person who applies to the department for a registry

7-45  identification card or to whom the department has issued a registry

7-46  identification card pursuant to paragraph (a) of subsection 1 of section

7-47  20 of this act desires to designate a primary caregiver, the person must:

7-48    (a) To designate a primary caregiver at the time of application, submit

7-49  to the department the fee required pursuant to subsection 2 of section 19

8-1  of this act and the information required pursuant to paragraph (d) of

8-2  that subsection; or

8-3    (b) To designate a primary caregiver after the department has issued a

8-4  registry identification card to him, submit to the department the fee

8-5  required pursuant to subsection 2 of section 19 of this act and the

8-6  information required pursuant to subparagraph (2) of paragraph (b) of

8-7  subsection 1 of section 21 of this act.

8-8    2.  A person may have only one designated primary caregiver at any

8-9  one time.

8-10    3.  If a person designates a primary caregiver after the time that he

8-11  initially applies for a registry identification card, the department shall,

8-12  except as otherwise provided in subsection 5 of section 19 of this act,

8-13  issue a registry identification card to the designated primary caregiver

8-14  within 5 days after receiving the information submitted pursuant to

8-15  paragraph (b) of subsection 1.

8-16    Sec. 24.  1.  A person who is authorized to possess or deliver

8-17  marijuana or drug paraphernalia to engage or assist in the medical use

8-18  of marijuana pursuant to the provisions of this chapter is not exempt

8-19  from state prosecution for, nor may he use his authorization to possess or

8-20  deliver marijuana or drug paraphernalia for medical use to establish an

8-21  affirmative defense to charges arising from, any of the following acts:

8-22    (a) Driving, operating or being in actual physical control of a vehicle

8-23  or a vessel under power or sail while under the influence of marijuana.

8-24    (b) Engaging in any other conduct prohibited by NRS 484.379,

8-25  484.3795, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or

8-26  493.130.

8-27    (c) Possessing a firearm in violation of paragraph (b) of subsection 1

8-28  of NRS 202.257.

8-29    (d) Possessing marijuana in violation of NRS 453.336 or possessing

8-30  drug paraphernalia in violation of NRS 453.560 or 453.566, if the

8-31  possession of the marijuana or drug paraphernalia is discovered because

8-32  the person engaged or assisted in the medical use of marijuana in:

8-33      (1) Any public place or in any place open to the public or exposed to

8-34  public view; or

8-35      (2) Any local detention facility, county jail, state prison,

8-36  reformatory or other correctional facility, including, without limitation,

8-37  any facility for the detention of juvenile offenders.

8-38    (e) Delivering marijuana to another person who he knows does not

8-39  lawfully hold a registry identification card issued by the department

8-40  pursuant to section 20 or 23 of this act.

8-41    (f) Delivering marijuana for consideration to any person, regardless

8-42  of whether the recipient lawfully holds a registry identification card

8-43  issued by the department pursuant to section 20 or 23 of this act.

8-44    2.  In addition to any other penalty provided by law, if the department

8-45  determines that a person has willfully violated a provision of this chapter

8-46  or any regulation adopted by the department or division to carry out the

8-47  provisions of this chapter, the department may, at its own discretion,

8-48  prohibit the person from obtaining or using a registry identification card

8-49  for a period of up to 6 months.

9-1    Sec. 25.  1.  Except as otherwise provided in this section and

9-2  sections 24 and 31 of this act, it is an affirmative defense to a criminal

9-3  charge of possession or delivery of marijuana, or any other criminal

9-4  offense in which possession or delivery of marijuana is an element, that

9-5  the person charged with the offense:

9-6    (a) Is a person who:

9-7       (1) Has been diagnosed with a chronic or debilitating medical

9-8  condition within the 12-month period preceding his arrest and has been

9-9  advised by his attending physician that the medical use of marijuana may

9-10  mitigate the symptoms or effects of that chronic or debilitating medical

9-11  condition;

9-12      (2) Is engaged in the medical use of marijuana; and

9-13      (3) Possesses or delivers marijuana only in the amount allowed

9-14  pursuant to subsection 1 of section 18 of this act or in excess of that

9-15  amount if the person proves by a preponderance of the evidence that the

9-16  greater amount is medically necessary as determined by the person’s

9-17  attending physician to mitigate the symptoms or effects of the person’s

9-18  chronic or debilitating medical condition; or

9-19    (b) Is a person who:

9-20      (1) Is assisting a person described in paragraph (a) in the medical

9-21  use of marijuana; and

9-22      (2) Possesses or delivers marijuana only in the amount allowed

9-23  pursuant to subsection 1 of section 18 of this act or in excess of that

9-24  amount if the person proves by a preponderance of the evidence that the

9-25  greater amount is medically necessary as determined by the assisted

9-26  person’s attending physician to mitigate the symptoms or effects of the

9-27  assisted person’s chronic or debilitating medical condition.

9-28    2.  A person need not hold a registry identification card issued to him

9-29  by the department pursuant to section 20 or 23 of this act to assert the

9-30  affirmative defense described in this section.

9-31    3.  Except as otherwise provided in subsection 4, a person described

9-32  in subsection 1 who is charged with a crime pertaining to the medical use

9-33  of marijuana is not precluded from:

9-34    (a) Asserting a defense of medical necessity; or

9-35    (b) Presenting evidence supporting the necessity of marijuana for

9-36  treatment of a specific disease or medical condition,

9-37  if the amount of marijuana at issue is not greater than the amount

9-38  allowed pursuant to subsection 1 of section 18 of this act and the person

9-39  has taken steps to comply substantially with the provisions of this

9-40  chapter.

9-41    4.  A defendant who intends to offer an affirmative defense described

9-42  in this section shall, not less than 5 days before trial or at such other time

9-43  as the court directs, file and serve upon the prosecuting attorney a

9-44  written notice of his intent to claim the affirmative defense. The written

9-45  notice must:

9-46    (a) State specifically why the defendant believes he is entitled to assert

9-47  the affirmative defense; and

9-48    (b) Set forth the factual basis for the affirmative defense.

10-1  A defendant who fails to provide notice of his intent to claim an

10-2  affirmative defense as required pursuant to this subsection may not

10-3  assert the affirmative defense at trial unless the court, for good cause

10-4  shown, orders otherwise.

10-5    Sec. 26.  1.  The fact that a person possesses a registry identification

10-6  card issued to him by the department pursuant to section 20 or 23 of this

10-7  act does not, alone:

10-8    (a) Constitute probable cause to search the person or his property; or

10-9    (b) Subject the person or his property to inspection by any

10-10  governmental agency.

10-11  2.  If officers of a state or local law enforcement agency seize

10-12  marijuana, drug paraphernalia or other property from a person engaged

10-13  or assisting in the medical use of marijuana:

10-14  (a) The law enforcement agency shall ensure that the marijuana, drug

10-15  paraphernalia or other property is not destroyed while in the possession

10-16  of the law enforcement agency.

10-17  (b) Any property interest of the person from whom the marijuana,

10-18  drug paraphernalia or other property was seized must not be forfeited

10-19  pursuant to any provision of law providing for the forfeiture of property,

10-20  except as part of a sentence imposed after conviction of a criminal

10-21  offense.

10-22  (c) Upon a determination by the district attorney of the county in

10-23  which the marijuana, drug paraphernalia or other property was seized,

10-24  or his designee, that the person from whom the marijuana, drug

10-25  paraphernalia or other property was seized is entitled to engage or assist

10-26  in the medical use of marijuana pursuant to the provisions of this

10-27  chapter, the law enforcement agency shall immediately return to that

10-28  person any usable marijuana, drug paraphernalia or other property that

10-29  was seized.

10-30  3.  For the purposes of paragraph (c) of subsection 2, the

10-31  determination of a district attorney or his designee that a person is

10-32  entitled to engage in the medical use of marijuana shall be deemed to be

10-33  evidenced by:

10-34  (a) A decision not to prosecute;

10-35  (b) The dismissal of charges; or

10-36  (c) Acquittal.

10-37  Sec. 27.  The board of medical examiners shall not take any

10-38  disciplinary action against an attending physician on the basis that the

10-39  attending physician:

10-40  1.  Advised a person whom the attending physician has diagnosed as

10-41  having a chronic or debilitating medical condition, or a person whom the

10-42  attending physician knows has been so diagnosed by another physician

10-43  licensed to practice medicine pursuant to the provisions of chapter 630 of

10-44  NRS:

10-45  (a) About the possible risks and benefits of the medical use of

10-46  marijuana; or

10-47  (b) That the medical use of marijuana may mitigate the symptoms or

10-48  effects of the person’s chronic or debilitating medical condition,

11-1  if the advice is based on the attending physician’s personal assessment of

11-2  the person’s medical history and current medical condition.

11-3    2.  Provided the written documentation required pursuant to

11-4  paragraph (a) of subsection 2 of section 19 of this act for the issuance of

11-5  a registry identification card or pursuant to subparagraph (1) of

11-6  paragraph (b) of subsection 1 of section 21 of this act for the renewal of

11-7  a registry identification card, if:

11-8    (a) Such documentation is based on the attending physician’s

11-9  personal assessment of the person’s medical history and current medical

11-10  condition; and

11-11  (b) The physician has advised the person about the possible risks and

11-12  benefits of the medical use of marijuana.

11-13  Sec. 28.  A professional licensing board shall not take any

11-14  disciplinary action against a person licensed by the board on the basis

11-15  that:

11-16  1.  The person engages in or has engaged in the medical use of

11-17  marijuana as authorized pursuant to the provisions of this chapter; or

11-18  2.  The person acts as or has acted as the designated primary

11-19  caregiver of a person who holds a registry identification card issued to

11-20  him pursuant to paragraph (a) of subsection 1 of section 20 of this act.

11-21  Sec. 29.  1.  Except as otherwise provided in this section and

11-22  subsection 4 of section 19 of this act, the department shall maintain the

11-23  confidentiality of and shall not disclose:

11-24  (a) The contents of any applications, records or other written

11-25  documentation that the department creates or receives pursuant to the

11-26  provisions of this chapter; or

11-27  (b) The name or any other identifying information of:

11-28     (1) An attending physician; or

11-29     (2) A person who has applied for or to whom the department has

11-30  issued a registry identification card.

11-31  2.  The department may release the name and other identifying

11-32  information of a person to whom the department has issued a registry

11-33  identification card to:

11-34  (a) Authorized employees of the department as necessary to perform

11-35  official duties of the department; and

11-36  (b) Authorized employees of state and local law enforcement agencies,

11-37  only as necessary to verify that a person is the lawful holder of a registry

11-38  identification card issued to him pursuant to section 20 or 23 of this act.

11-39  Sec. 30.  1.  A person may submit to the division a petition

11-40  requesting that a particular disease or condition be included among the

11-41  diseases and conditions that qualify as chronic or debilitating medical

11-42  conditions pursuant to section 6 of this act.

11-43  2.  The division shall adopt regulations setting forth the manner in

11-44  which the division will accept and evaluate petitions submitted pursuant

11-45  to this section. The regulations must provide, without limitation, that:

11-46  (a) The division will approve or deny a petition within 180 days after

11-47  the division receives the petition;

12-1    (b) If the division approves a petition, the division will, as soon as

12-2  practicable thereafter, transmit to the department information

12-3  concerning the disease or condition that the division has approved; and

12-4    (c) The decision of the division to deny a petition is a final decision for

12-5  the purposes of judicial review.

12-6    Sec. 31.  The provisions of this chapter do not:

12-7    1.  Require an insurer, organization for managed care or any person

12-8  or entity who provides coverage for a medical or health care service to

12-9  pay for or reimburse a person for costs associated with the medical use of

12-10  marijuana.

12-11  2.  Require any employer to accommodate the medical use of

12-12  marijuana in the workplace.

12-13  3.  Protect a person against state prosecution for any act involving the

12-14  possession or delivery of marijuana or drug paraphernalia in a manner

12-15  not authorized pursuant to the provisions of this chapter.

12-16  Sec. 32.  The director of the department shall adopt such regulations

12-17  as the director determines are necessary to carry out the provisions of

12-18  this chapter. The regulations must set forth, without limitation:

12-19  1.  The method pursuant to which a person who holds a registry

12-20  identification card issued to him by the department pursuant to section

12-21  20 or 23 of this act may obtain marijuana; and

12-22  2.  The amount of each fee required pursuant to the provisions of this

12-23  chapter.

12-24  Sec. 33.  The state must not be held responsible for any deleterious

12-25  outcomes from the medical use of marijuana by any person.

12-26  Sec. 34.  Chapter 453 of NRS is hereby amended by adding thereto the

12-27  provisions set forth as sections 35 and 36 of this act.

12-28  Sec. 35.  The provisions of this chapter do not apply to the extent that

12-29  they are inconsistent with the provisions of sections 2 to 33, inclusive, of

12-30  this act.

12-31  Sec. 36. 1.  A local authority may enact an ordinance adopting the

12-32  penalties set forth for misdemeanors in NRS 453.336 for similar offenses

12-33  under a local ordinance. The ordinance must set forth the manner in

12-34  which money collected from fines imposed by a court for a violation of

12-35  the ordinance must be disbursed in accordance with subsection 2.

12-36  2.  Money collected from fines imposed by a court for a violation of

12-37  an ordinance enacted pursuant to subsection 1 must be evenly allocated

12-38  among:

12-39  (a) Nonprofit programs for the treatment of abuse of alcohol or drugs

12-40  that are certified by the bureau of alcohol and drug abuse in the

12-41  department of human resources;

12-42  (b) A program of treatment and rehabilitation established by a court

12-43  pursuant to NRS 453.580, if any; and

12-44  (c) Local law enforcement agencies,

12-45  in a manner determined by the court.

12-46  3.  As used in this section, “local authority” means the governing

12-47  board of a county, city or other political subdivision having authority to

12-48  enact laws or ordinances.

13-1    Sec. 37.  NRS 453.336 is hereby amended to read as follows:

13-2    453.336  1.  A person shall not knowingly or intentionally possess a

13-3  controlled substance, unless the substance was obtained directly from, or

13-4  pursuant to, a prescription or order of a physician, physician’s assistant,

13-5  dentist, podiatric physician, optometrist or veterinarian while acting in the

13-6  course of his professional practice, or except as otherwise authorized by the

13-7  provisions of NRS 453.011 to 453.552, inclusive[.] , and sections 35 and

13-8  36 of this act.

13-9    2.  Except as otherwise provided in subsections 3, 4 and 5 and in NRS

13-10  453.3363, and unless a greater penalty is provided in NRS 212.160,

13-11  453.3385, 453.339 or 453.3395, a person who violates this section shall be

13-12  punished:

13-13  (a) For the first or second offense, if the controlled substance is listed in

13-14  schedule I, II, III or IV, for a category E felony as provided in NRS

13-15  193.130.

13-16  (b) For a third or subsequent offense, if the controlled substance is listed

13-17  in schedule I, II, III or IV, or if the offender has previously been convicted

13-18  two or more times in the aggregate of any violation of the law of the

13-19  United States or of any state, territory or district relating to a controlled

13-20  substance, for a category D felony as provided in NRS 193.130, and may

13-21  be further punished by a fine of not more than $20,000.

13-22  (c) For the first offense, if the controlled substance is listed in schedule

13-23  V, for a category E felony as provided in NRS 193.130.

13-24  (d) For a second or subsequent offense, if the controlled substance is

13-25  listed in schedule V, for a category D felony as provided in NRS 193.130.

13-26  3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or

13-27  453.3385, a person who is convicted of the possession of flunitrazepam or

13-28  gamma-hydroxybutyrate, or any substance for which flunitrazepam or

13-29  gamma-hydroxybutyrate is an immediate precursor, is guilty of a category

13-30  B felony and shall be punished by imprisonment in the state prison for a

13-31  minimum term of not less than 1 year and a maximum term of not more

13-32  than 6 years.

13-33  4.  [Unless a greater penalty is provided in NRS 212.160, a person who

13-34  is less than 21 years of age and is convicted of the possession of less than 1

13-35  ounce of marijuana:

13-36  (a) For the first and second offense, is guilty of a category E felony and

13-37  shall be punished as provided in NRS 193.130.

13-38  (b) For a third or subsequent offense, is guilty of a category D felony

13-39  and shall be punished as provided in NRS 193.130, and may be further

13-40  punished by a fine of not more than $20,000.

13-41  5.  Before sentencing under the provisions of subsection 4 for a first

13-42  offense, the court shall require the parole and probation officer to submit a

13-43  presentencing report on the person convicted in accordance with the

13-44  provisions of NRS 176A.200. After the report is received but before

13-45  sentence is pronounced the court shall:

13-46  (a) Interview the person convicted and make a determination as to the

13-47  possibility of his rehabilitation; and

13-48  (b) Conduct a hearing at which evidence may be presented as to the

13-49  possibility of rehabilitation and any other relevant information.] Unless a

14-1  greater penalty is provided pursuant to NRS 212.160, a person 18 years

14-2  of age or older who is convicted of the possession of 1 ounce or less of

14-3  marijuana:

14-4    (a) For the first offense, is guilty of a misdemeanor and shall be

14-5  punished by a fine of not more than $600.

14-6    (b) For the second offense, is guilty of a misdemeanor and shall be

14-7  punished by a fine of not more than $1,000 and assigned to a program of

14-8  treatment and rehabilitation pursuant to NRS 453.580.

14-9    (c) For a third or subsequent offense, is guilty of a gross misdemeanor

14-10  and shall be punished by a fine of not less than $1,000 nor more than

14-11  $2,000.

14-12  5.  Unless a greater penalty is provided pursuant to NRS 212.160, a

14-13  child under 18 years of age who possesses 1 ounce or less of marijuana

14-14  in violation of the provisions of subsection 1 commits a delinquent act

14-15  and the court shall order the child:

14-16  (a) For the first offense, to pay a fine of not more than $300, and

14-17  require the child to undergo an evaluation pursuant to NRS 62.2275.

14-18  (b) For the second or subsequent offense, to pay a fine of not more

14-19  than $500, or to be detained in a facility for the detention of children for

14-20  not more than 10 days, or both to pay a fine and be detained, and assign

14-21  the child to an appropriate program for the treatment of abuse of alcohol

14-22  or drugs.

14-23  If a child is unable to pay a fine imposed pursuant to this subsection

14-24  because of financial hardship, the court shall order the child to perform

14-25  community service.

14-26  6.  As used in this section, “controlled substance” includes

14-27  flunitrazepam, gamma-hydroxybutyrate and each substance for which

14-28  flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

14-29  Sec. 38.  NRS 453.3363 is hereby amended to read as follows:

14-30  453.3363  1.  If a person who has not previously been convicted of

14-31  any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to

14-32  any statute of the United States or of any state relating to narcotic drugs,

14-33  marijuana, or stimulant, depressant or hallucinogenic substances tenders a

14-34  plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a

14-35  charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or

14-36  454.351, or is found guilty of one of those charges, the court, without

14-37  entering a judgment of conviction and with the consent of the accused, may

14-38  suspend further proceedings and place him on probation upon terms and

14-39  conditions that must include attendance and successful completion of an

14-40  educational program or, in the case of a person dependent upon drugs, of a

14-41  program of treatment and rehabilitation pursuant to NRS 453.580.

14-42  2.  Upon violation of a term or condition, the court may enter a

14-43  judgment of conviction and proceed as provided in the section pursuant to

14-44  which the accused was charged. Notwithstanding the provisions of

14-45  paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or

14-46  condition, the court may order the person to the custody of the department

14-47  of prisons.

14-48  3.  Upon fulfillment of the terms and conditions, the court shall

14-49  discharge the accused and dismiss the proceedings against him. A

15-1  nonpublic record of the dismissal must be transmitted to and retained by

15-2  the division of parole and probation of the department of motor vehicles

15-3  and public safety solely for the use of the courts in determining whether, in

15-4  later proceedings, the person qualifies under this section.

15-5    4.  Except as otherwise provided in subsection 5, discharge and

15-6  dismissal under this section is without adjudication of guilt and is not a

15-7  conviction for purposes of this section or for purposes of employment, civil

15-8  rights or any statute or regulation or license or questionnaire or for any

15-9  other public or private purpose, but is a conviction for the purpose of

15-10  additional penalties imposed for second or subsequent convictions or the

15-11  setting of bail. Discharge and dismissal restores the person discharged, in

15-12  the contemplation of the law, to the status occupied before the arrest,

15-13  indictment or information. He may not be held thereafter under any law to

15-14  be guilty of perjury or otherwise giving a false statement by reason of

15-15  failure to recite or acknowledge that arrest, indictment, information or trial

15-16  in response to an inquiry made of him for any purpose. Discharge and

15-17  dismissal under this section may occur only once with respect to any

15-18  person.

15-19  5.  A professional licensing board may consider a proceeding under this

15-20  section in determining suitability for a license or liability to discipline for

15-21  misconduct. Such a board is entitled for those purposes to a truthful answer

15-22  from the applicant or licensee concerning any such proceeding with respect

15-23  to him.

15-24  Sec. 39.  NRS 453.401 is hereby amended to read as follows:

15-25  453.401  1.  Except as otherwise provided in subsections 3 and 4, if

15-26  two or more persons conspire to commit an offense which is a felony under

15-27  the Uniform Controlled Substances Act or conspire to defraud the State of

15-28  Nevada or an agency of the state in connection with its enforcement of the

15-29  Uniform Controlled Substances Act, and one of the conspirators does an

15-30  act in furtherance of the conspiracy, each conspirator:

15-31  (a) For a first offense, is guilty of a category C felony and shall be

15-32  punished as provided in NRS 193.130.

15-33  (b) For a second offense, or if, in the case of a first conviction of

15-34  violating this subsection, the conspirator has previously been convicted of

15-35  a felony under the Uniform Controlled Substances Act or of an offense

15-36  under the laws of the United States or of any state, territory or district

15-37  which if committed in this state, would amount to a felony under the

15-38  Uniform Controlled Substances Act, is guilty of a category B felony and

15-39  shall be punished by imprisonment in the state prison for a minimum term

15-40  of not less than 2 years and a maximum term of not more than 10 years,

15-41  and may be further punished by a fine of not more than $10,000.

15-42  (c) For a third or subsequent offense, or if the conspirator has

15-43  previously been convicted two or more times of a felony under the

15-44  Uniform Controlled Substances Act or of an offense under the laws of the

15-45  United States or any state, territory or district which, if committed in this

15-46  state, would amount to a felony under the Uniform Controlled Substances

15-47  Act, is guilty of a category B felony and shall be punished by

15-48  imprisonment in the state prison for a minimum term of not less than 3

16-1  years and a maximum term of not more than 15 years, and may be further

16-2  punished by a fine of not more than $20,000 for each offense.

16-3    2.  Except as otherwise provided in subsection 3, if two or more

16-4  persons conspire to commit an offense in violation of the Uniform

16-5  Controlled Substances Act and the offense does not constitute a felony, and

16-6  one of the conspirators does an act in furtherance of the conspiracy, each

16-7  conspirator shall be punished by imprisonment, or by imprisonment and

16-8  fine, for not more than the maximum punishment provided for the offense

16-9  which they conspired to commit.

16-10  3.  If two or more persons conspire to possess more than 1 ounce of

16-11  marijuana unlawfully, except for the purpose of sale, and one of the

16-12  conspirators does an act in furtherance of the conspiracy, each conspirator

16-13  is guilty of a gross misdemeanor.

16-14  4.  If the conspiracy subjects the conspirators to criminal liability under

16-15  NRS 207.400, the persons so conspiring shall be punished in the manner

16-16  provided in NRS 207.400.

16-17  5.  The court shall not grant probation to or suspend the sentence of a

16-18  person convicted of violating this section and punishable pursuant to

16-19  paragraph (b) or (c) of subsection 1.

16-20  Sec. 40.  NRS 453.580 is hereby amended to read as follows:

16-21  453.580  1.  A court may establish an appropriate treatment program

16-22  to which it may assign a person pursuant to subsection 4 of NRS 453.336,

16-23  NRS 453.3363 or 458.300 or it may assign such a person to an appropriate

16-24  facility for the treatment of abuse of alcohol or drugs which is certified by

16-25  the bureau of alcohol and drug abuse in the department of human

16-26  resources. The assignment must include the terms and conditions for

16-27  successful completion of the program and provide for progress reports at

16-28  intervals set by the court to ensure that the person is making satisfactory

16-29  progress towards completion of the program.

16-30  2.  A program to which a court assigns a person pursuant to subsection

16-31  1 must include:

16-32  (a) Information and encouragement for the participant to cease abusing

16-33  alcohol or using controlled substances through educational, counseling and

16-34  support sessions developed with the cooperation of various community,

16-35  health, substance abuse, religious, social service and youth organizations;

16-36  (b) The opportunity for the participant to understand the medical,

16-37  psychological and social implications of substance abuse; and

16-38  (c) Alternate courses within the program based on the different

16-39  substances abused and the addictions of participants.

16-40  3.  If the offense with which the person was charged involved the use

16-41  or possession of a controlled substance, in addition to the program or as a

16-42  part of the program the court must also require frequent urinalysis to

16-43  determine that the person is not using a controlled substance. The court

16-44  shall specify how frequent such examinations must be and how many must

16-45  be successfully completed, independently of other requisites for successful

16-46  completion of the program.

16-47  4.  Before the court assigns a person to a program pursuant to this

16-48  section, the person must agree to pay the cost of the program to which he is

16-49  assigned and the cost of any additional supervision required pursuant to

17-1  subsection 3, to the extent of his financial resources. If the person does not

17-2  have the financial resources to pay all of the related costs, the court shall,

17-3  to the extent practicable, arrange for the person to be assigned to a program

17-4  at a facility that receives a sufficient amount of federal or state funding to

17-5  offset the remainder of the costs.

17-6    Sec. 41.  NRS 455B.080 is hereby amended to read as follows:

17-7    455B.080  1.  A passenger shall not embark on an amusement ride

17-8  while intoxicated or under the influence of a controlled substance, unless in

17-9  accordance with [a] :

17-10  (a) A prescription lawfully issued to the person[.] ; or

17-11  (b) The provisions of sections 2 to 33, inclusive, of this act.

17-12  2.  An authorized agent or employee of an operator may prohibit a

17-13  passenger from boarding an amusement ride if he reasonably believes that

17-14  the passenger is under the influence of alcohol, prescription drugs or a

17-15  controlled substance. An agent or employee of an operator is not civilly or

17-16  criminally liable for prohibiting a passenger from boarding an amusement

17-17  ride pursuant to this subsection.

17-18  Sec. 42.  NRS 52.395 is hereby amended to read as follows:

17-19  52.395  Except as otherwise provided in section 26 of this act:

17-20  1.  When any substance alleged to be a controlled substance, dangerous

17-21  drug or immediate precursor is seized from a defendant by a peace officer,

17-22  the law enforcement agency of which the officer is a member may, with the

17-23  prior approval of the prosecuting attorney, petition the district court in the

17-24  county in which the defendant is charged to secure permission to destroy a

17-25  part of the substance.

17-26  2.  Upon receipt of a petition filed pursuant to subsection 1, the district

17-27  court shall order the substance to be accurately weighed and the weight

17-28  thereof accurately recorded. The prosecuting attorney or his representative

17-29  and the defendant or his representative must be allowed to inspect and

17-30  weigh the substance.

17-31  3.  If after completion of the weighing process the defendant does not

17-32  knowingly and voluntarily stipulate to the weight of the substance, the

17-33  district court shall hold a hearing to make a judicial determination of the

17-34  weight of the substance. The defendant, his attorney and any other witness

17-35  the defendant may designate may be present and testify at the hearing.

17-36  4.  After a determination has been made as to the weight of the

17-37  substance, the district court may order all of the substance destroyed except

17-38  that amount which is reasonably necessary to enable each interested party

17-39  to analyze the substance to determine the composition of the substance.

17-40  The district court shall order the remaining sample to be sealed and

17-41  maintained for analysis before trial.

17-42  5.  If the substance is finally determined not to be a controlled

17-43  substance, dangerous drug or immediate precursor, unless the substance

17-44  was destroyed pursuant to subsection 7, the owner may file a claim against

17-45  the county to recover the reasonable value of the property destroyed

17-46  pursuant to this section.

17-47  6.  The district court’s finding as to the weight of a substance destroyed

17-48  pursuant to this section is admissible in any subsequent proceeding arising

17-49  out of the same transaction.

18-1    7.  If at the time that a peace officer seizes from a defendant a

18-2  substance believed to be a controlled substance, dangerous drug or

18-3  immediate precursor, the peace officer discovers any material or substance

18-4  that he reasonably believes is hazardous waste, the peace officer may

18-5  appropriately dispose of the material or substance without securing the

18-6  permission of a court.

18-7    8.  As used in this section:

18-8    (a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

18-9    (b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430.

18-10  (c) “Immediate precursor” has the meaning ascribed to it in NRS

18-11  453.086.

18-12  Sec. 43.  NRS 62.211 is hereby amended to read as follows:

18-13  62.211  1.  Except as otherwise provided in this chapter[,] and NRS

18-14  453.336, if the court finds that a child is within the purview of this chapter,

18-15  it shall so decree and may:

18-16  (a) Place the child under supervision in his own home or in the custody

18-17  of a suitable person elsewhere, upon such conditions as the court may

18-18  determine. A program of supervision in the home may include electronic

18-19  surveillance of the child. The legislature declares that a program of

18-20  supervision that includes electronic surveillance is intended as an

18-21  alternative to commitment and not as an alternative to probation, informal

18-22  supervision or a supervision and consent decree.

18-23  (b) Commit the child to the custody of a public or private institution or

18-24  agency authorized to care for children, or place him in a home with a

18-25  family. In committing a child to a private institution or agency the court

18-26  shall select one that is required to be licensed by the department of human

18-27  resources to care for such children, or, if the institution or agency is in

18-28  another state, by the analogous department of that state. The court shall not

18-29  commit a female child to a private institution without prior approval of the

18-30  superintendent of the Caliente youth center, and shall not commit a male

18-31  child to a private institution without prior approval of the superintendent of

18-32  the Nevada youth training center.

18-33  (c) Order such medical, psychiatric, psychological or other care and

18-34  treatment as the court deems to be for the best interests of the child, except

18-35  as otherwise provided in this section.

18-36  (d) Order the parent, guardian, custodian or any other person to refrain

18-37  from continuing the conduct which, in the opinion of the court, has caused

18-38  or tended to cause the child to come within or remain under the provisions

18-39  of this chapter.

18-40  (e) If the child is less than 18 years of age, order:

18-41     (1) The parent, guardian or custodian of the child; and

18-42     (2) Any brother, sister or other person who is living in the same

18-43  household as the child over whom the court has jurisdiction,

18-44  to attend or participate in counseling, with or without the child, including,

18-45  but not limited to, counseling regarding parenting skills, alcohol or

18-46  substance abuse, or techniques of dispute resolution.

18-47  (f) Order the parent or guardian of the child to participate in a program

18-48  designed to provide restitution to the victim of an act committed by the

18-49  child or to perform public service.

19-1    (g) Order the parent or guardian of the child to pay all or part of the cost

19-2  of the proceedings, including, but not limited to, reasonable attorney’s fees,

19-3  any costs incurred by the court and any costs incurred in the investigation

19-4  of an act committed by the child and the taking into custody of the child.

19-5    (h) Order the suspension of the child’s driver’s license for at least 90

19-6  days but not more than 2 years. If the child does not possess a driver’s

19-7  license, the court may prohibit the child from receiving a driver’s license

19-8  for at least 90 days but not more than 2 years:

19-9      (1) Immediately following the date of the order, if the child is eligible

19-10  to receive a driver’s license.

19-11     (2) After the date he becomes eligible to apply for a driver’s license,

19-12  if the child is not eligible to receive a license on the date of
the order.

19-13  If the court issues an order suspending the driver’s license of a child

19-14  pursuant to this paragraph, the judge shall require the child to surrender to

19-15  the court all driver’s licenses then held by the child. The court shall, within

19-16  5 days after issuing the order, forward to the department of motor vehicles

19-17  and public safety the licenses, together with a copy of the order. If,

19-18  pursuant to this paragraph, the court issues an order delaying the ability of

19-19  a child to receive a driver’s license, the court shall, within 5 days after

19-20  issuing the order, forward to the department of motor vehicles and public

19-21  safety a copy of the order. The department of motor vehicles and public

19-22  safety shall report a suspension pursuant to this paragraph to an insurance

19-23  company or its agent inquiring about the child’s driving record, but such a

19-24  suspension must not be considered for the purpose of rating or

19-25  underwriting. The department of motor vehicles and public safety shall not

19-26  require the child to submit to the tests and other requirements which are

19-27  adopted by regulation pursuant to subsection 1 of NRS 483.495 as a

19-28  condition of reinstatement or reissuance after a suspension of his license

19-29  pursuant to this paragraph, unless the suspension resulted from his poor

19-30  performance as a driver.

19-31  (i) Place the child, when he is not in school, under the supervision of:

19-32     (1) A public organization to work on public projects;

19-33     (2) A public agency to work on projects to eradicate graffiti; or

19-34     (3) A private nonprofit organization to perform other public
service.

19-35  The person under whose supervision the child is placed shall keep the child

19-36  busy and well supervised and shall make such reports to the court as it may

19-37  require. As a condition of such a placement, the court may require the child

19-38  or his parent or guardian to deposit with the court a reasonable sum of

19-39  money to pay for the cost of policies of insurance against liability for

19-40  personal injury and damage to property or for industrial insurance, or both,

19-41  during those periods in which he performs the work, unless, in the case of

19-42  industrial insurance, it is provided by the organization or agency for which

19-43  he performs the work.

19-44  (j) Permit the child to reside in a residence without the immediate

19-45  supervision of an adult, or exempt the child from mandatory attendance at

19-46  school so that the child may be employed full time, or both, if the child is

19-47  at least 16 years of age, has demonstrated the capacity to benefit from this

20-1  placement or exemption and is under the strict supervision of the juvenile

20-2  division.

20-3    (k) Require the child to provide restitution to the victim of the crime

20-4  which the child has committed.

20-5    (l) Impose a fine on the child. If a fine is imposed, the court shall

20-6  impose an administrative assessment pursuant to NRS 62.2175.

20-7    (m) If the child has not previously been found to be within the purview

20-8  of this chapter and if the act for which the child is found to be within the

20-9  purview of this chapter did not involve the use or threatened use of force or

20-10  violence, order the child to participate in a publicly or privately operated

20-11  program of sports or physical fitness that is adequately supervised or a

20-12  publicly or privately operated program for the arts that is adequately

20-13  supervised. A program for the arts may include, but is not limited to,

20-14  drawing, painting, photography or other visual arts, musical, dance or

20-15  theatrical performance, writing or any other structured activity that

20-16  involves creative or artistic expression. If the court orders the child to

20-17  participate in a program of sports or physical fitness or a program for the

20-18  arts, the court may order any or all of the following, in the following order

20-19  of priority if practicable:

20-20     (1) The parent or guardian of the child, to the extent of his financial

20-21  ability, to pay the costs associated with the participation of the child in the

20-22  program, including, but not limited to, a reasonable sum of money to pay

20-23  for the cost of policies of insurance against liability for personal injury and

20-24  damage to property during those periods in which the child participates in

20-25  the program;

20-26     (2) The child to work on projects or perform public service pursuant

20-27  to paragraph (i) for a period that reflects the costs associated with the

20-28  participation of the child in the program; or

20-29     (3) The county in which the petition alleging the child to be

20-30  delinquent or in need of supervision is filed to pay the costs associated with

20-31  the participation of the child in the program.

20-32  2.  If the court finds that a child who is less than 17 years of age has

20-33  committed a delinquent act, the court may order the parent or guardian of

20-34  the child to pay any fines and penalties imposed for the delinquent act. If

20-35  the parent or guardian is unable to pay the fines and penalties imposed

20-36  because of financial hardship, the court may require the parent or guardian

20-37  to perform community service.

20-38  3.  In determining the appropriate disposition of a case concerning a

20-39  child found to be within the purview of this chapter, the court shall

20-40  consider whether the act committed by the child involved the use of a

20-41  firearm or the use or threatened use of force or violence against the victim

20-42  of the act and whether the child is a serious or chronic offender. If the court

20-43  finds that the act committed by the child involved the use of a firearm or

20-44  the use or threatened use of force or violence against the victim or that the

20-45  child is a serious or chronic offender, the court shall include the finding in

20-46  its order and may, in addition to the options set forth in subsections 1 and 2

20-47  of this section and NRS 62.213:

20-48  (a) Commit the child for confinement in a secure facility, including a

20-49  facility which is secured by its staff.

21-1    (b) Impose any other punitive measures the court determines to be in the

21-2  best interests of the public or the child.

21-3    4.  Except as otherwise provided in NRS 62.455 and 62.570, at any

21-4  time, either on its own volition or for good cause shown, the court may

21-5  terminate its jurisdiction concerning the child.

21-6    5.  Whenever the court commits a child to any institution or agency

21-7  pursuant to this section or NRS 62.213, it shall transmit a summary of its

21-8  information concerning the child and order the administrator of the school

21-9  that the child last attended to transmit a copy of the child’s educational

21-10  records to the institution or agency. The institution or agency shall give to

21-11  the court any information concerning the child that the court may require.

21-12  6.  In determining whether to place a child pursuant to this section in

21-13  the custody of a person other than his parent, guardian or custodian,

21-14  preference must be given to any person related within the third degree of

21-15  consanguinity to the child whom the court finds suitable and able to

21-16  provide proper care and guidance for the child.

21-17  Sec. 44.  NRS 159.061 is hereby amended to read as follows:

21-18  159.061  1.  The parents of a minor, or either parent, if qualified and

21-19  suitable, are preferred over all others for appointment as guardian for the

21-20  minor. In determining whether the parents of a minor, or either parent, is

21-21  qualified and suitable, the court shall consider, without limitation:

21-22  (a) Which parent has physical custody of the minor;

21-23  (b) The ability of the parents or parent to provide for the basic needs of

21-24  the child, including, without limitation, food, shelter, clothing and medical

21-25  care;

21-26  (c) Whether the parents or parent has engaged in the habitual use of

21-27  alcohol or any controlled substance during the previous 6 months[;] ,

21-28  except the use of marijuana as authorized pursuant to sections 2 to 33,

21-29  inclusive, of this act; and

21-30  (d) Whether the parents or parent has been convicted of a crime of

21-31  moral turpitude, a crime involving domestic violence or a crime involving

21-32  the exploitation of a child.

21-33  2.  Subject to the preference set forth in subsection 1, the court shall

21-34  appoint as guardian for an incompetent, a person of limited capacity or

21-35  minor the qualified person who is most suitable and is willing to serve.

21-36  3.  In determining who is most suitable, the court shall give

21-37  consideration, among other factors, to:

21-38  (a) Any request for the appointment as guardian for an incompetent

21-39  contained in a written instrument executed by the incompetent while

21-40  competent.

21-41  (b) Any nomination of a guardian for an incompetent, minor or person

21-42  of limited capacity contained in a will or other written instrument executed

21-43  by a parent or spouse of the proposed ward.

21-44  (c) Any request for the appointment as guardian for a minor 14 years of

21-45  age or older made by the minor.

21-46  (d) The relationship by blood or marriage of the proposed guardian to

21-47  the proposed ward.

21-48  (e) Any recommendation made by a special master pursuant to NRS

21-49  159.0615.

22-1    Sec. 45.  NRS 213.123 is hereby amended to read as follows:

22-2    213.123  1.  Upon the granting of parole to a prisoner, the board may,

22-3  when the circumstances warrant, require as a condition of parole that the

22-4  parolee submit to periodic tests to determine whether the parolee is using

22-5  any controlled substance. Any such use , except the use of marijuana as

22-6  authorized pursuant to sections 2 to 33, inclusive, of this act, or any

22-7  failure or refusal to submit to a test is a ground for revocation of parole.

22-8    2.  Any expense incurred as a result of any test is a charge against the

22-9  division.

22-10  Sec. 46.  NRS 616C.230 is hereby amended to read as follows:

22-11  616C.230  1.  Compensation is not payable pursuant to the provisions

22-12  of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:

22-13  (a) Caused by the employee’s willful intention to injure himself.

22-14  (b) Caused by the employee’s willful intention to injure another.

22-15  (c) Proximately caused by the employee’s intoxication. If the employee

22-16  was intoxicated at the time of his injury, intoxication must be presumed to

22-17  be a proximate cause unless rebutted by evidence to the contrary.

22-18  (d) Proximately caused by the employee’s use of a controlled substance.

22-19  If the employee had any amount of a controlled substance in his system at

22-20  the time of his injury for which the employee did not have a current and

22-21  lawful prescription issued in his name[,] or for which he was not

22-22  authorized to engage in the use of pursuant to the provisions of sections

22-23  2 to 33, inclusive, of this act, the controlled substance must be presumed to

22-24  be a proximate cause unless rebutted by evidence to the contrary.

22-25  2.  For the purposes of paragraphs (c) and (d) of subsection 1:

22-26  (a) The affidavit or declaration of an expert or other person described in

22-27  NRS 50.315 is admissible to prove the existence of any alcohol or the

22-28  existence, quantity or identity of a controlled substance in an employee’s

22-29  system. If the affidavit or declaration is to be so used, it must be submitted

22-30  in the manner prescribed in NRS 616C.355.

22-31  (b) When an examination requested or ordered includes testing for the

22-32  use of alcohol or a controlled substance, the laboratory that conducts the

22-33  testing must be licensed pursuant to the provisions of chapter 652 of NRS.

22-34  3.  No compensation is payable for the death, disability or treatment of

22-35  an employee if his death is caused by, or insofar as his disability is

22-36  aggravated, caused or continued by, an unreasonable refusal or neglect to

22-37  submit to or to follow any competent and reasonable surgical treatment or

22-38  medical aid.

22-39  4.  If any employee persists in an unsanitary or injurious practice that

22-40  imperils or retards his recovery, or refuses to submit to such medical or

22-41  surgical treatment as is necessary to promote his recovery, his

22-42  compensation may be reduced or suspended.

22-43  5.  An injured employee’s compensation, other than accident benefits,

22-44  must be suspended if:

22-45  (a) A physician or chiropractor determines that the employee is unable

22-46  to undergo treatment, testing or examination for the industrial injury solely

22-47  because of a condition or injury that did not arise out of and in the course

22-48  of his employment; and

23-1    (b) It is within the ability of the employee to correct the nonindustrial

23-2  condition or injury.

23-3  The compensation must be suspended until the injured employee is able to

23-4  resume treatment, testing or examination for the industrial injury. The

23-5  insurer may elect to pay for the treatment of the nonindustrial condition or

23-6  injury.

23-7    Sec. 47.  NRS 630.3066 is hereby amended to read as follows:

23-8    630.3066  A physician is not subject to disciplinary action solely for

23-9  [prescribing] :

23-10  1.  Prescribing or administering to a patient under his care:

23-11  [1.] (a) Amygdalin (laetrile), if the patient has consented in writing to

23-12  the use of the substance.

23-13  [2.] (b) Procaine hydrochloride with preservatives and stabilizers

23-14  (Gerovital H3).

23-15  [3.] (c) A controlled substance which is listed in schedule II, III, IV or

23-16  V by the state board of pharmacy pursuant to NRS 453.146, if the

23-17  controlled substance is lawfully prescribed or administered for the

23-18  treatment of intractable pain in accordance with accepted standards for the

23-19  practice of medicine.

23-20  2.  Engaging in any activity authorized pursuant to sections 2 to 33,

23-21  inclusive, of this act.

23-22  Sec. 48.  1.  There is hereby appropriated from the state general fund

23-23  to the court administrator of the second judicial district of the State of

23-24  Nevada the sum of $10,000 for the continuation of its program of treatment

23-25  for the abuse of alcohol or drugs established pursuant to NRS 453.580.

23-26  2.  There is hereby appropriated from the state general fund to the court

23-27  administrator of the eighth judicial district of the State of Nevada the sum

23-28  of $15,000 for the continuation of its program of treatment for the abuse of

23-29  alcohol or drugs established pursuant to NRS 453.580.

23-30  3.  The money appropriated by subsections 1 and 2 must be used to

23-31  supplement and not supplant or cause to be reduced any other source of

23-32  funding for the program of treatment established, respectively, in the

23-33  Second and Eighth Judicial District Court pursuant to NRS 453.580.

23-34  4. Any remaining balances of the appropriations made by subsections

23-35  1 and 2 of this act must not be committed for expenditure after June 30,

23-36  2001, and revert to the state general fund as soon as all payments of money

23-37  committed have been made.

23-38  Sec. 49.  The amendatory provisions of this act do not apply to

23-39  offenses committed before October 1, 2001.

23-40  Sec. 50.  1.  This section and section 48 of this act become effective

23-41  upon passage and approval.

23-42  2.  Sections 6, 20, 21, 30 and 32 of this act become effective upon

23-43  passage and approval for the purpose of adopting regulations and on

23-44  October 1, 2001, for all other purposes.

23-45  3.  Sections 1 to 5, inclusive, 7 to 19, inclusive, 22 to 29, inclusive, 31,

23-46  33 to 47, inclusive, and 49 of this act become effective on October 1, 2001.

 

23-47  H