(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTA.B. 453
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.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
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:
1-21 (a) Cachexia;
2-1 (b) Persistent muscle spasms, including, without limitation, spasms
2-2 caused by multiple sclerosis;
2-3 (c) Seizures, including, without limitation, seizures caused by
2-4 epilepsy;
2-5 (d) Severe nausea; or
2-6 (e) Severe pain; or
2-7 5. Any other medical condition or treatment for a medical condition
2-8 that is:
2-9 (a) Classified as a chronic or debilitating medical condition by
2-10 regulation of the division; or
2-11 (b) Approved as a chronic or debilitating medical condition pursuant
2-12 to a petition submitted in accordance with section 30 of this act.
2-13 Sec. 7. “Deliver” or “delivery” has the meaning ascribed to it in
2-14 NRS 453.051.
2-15 Sec. 8. “Department” means the state department of agriculture.
2-16 Sec. 9. 1. “Designated primary caregiver” means a person who:
2-17 (a) Is 18 years of age or older;
2-18 (b) Has significant responsibility for managing the well-being of a
2-19 person diagnosed with a chronic or debilitating medical condition; and
2-20 (c) Is designated as such in the manner required pursuant to section
2-21 23 of this act.
2-22 2. The term does not include the attending physician of a person
2-23 diagnosed with a chronic or debilitating medical condition.
2-24 Sec. 10. “Division” means the health division of the department of
2-25 human resources.
2-26 Sec. 11. “Drug paraphernalia” has the meaning ascribed to it in
2-27 NRS 453.554.
2-28 Sec. 12. “Marijuana” has the meaning ascribed to it in
2-29 NRS 453.096.
2-30 Sec. 13. “Medical use of marijuana” means:
2-31 1. The possession, delivery, production or use of marijuana;
2-32 2. The possession, delivery or use of paraphernalia used to
2-33 administer marijuana; or
2-34 3. Any combination of the acts described in subsections 1
2-35 and 2,
2-36 as necessary for the exclusive benefit of a person to mitigate the
2-37 symptoms or effects of his chronic or debilitating medical condition.
2-38 Sec. 13.5. “Production” has the meaning ascribed to it in
2-39 NRS 453.131.
2-40 Sec. 14. “Registry identification card” means a document issued by
2-41 the department or its designee that identifies:
2-42 1. A person who is authorized to engage in the medical use of
2-43 marijuana; or
2-44 2. The designated primary caregiver, if any, of a person described in
2-45 subsection 1.
2-46 Sec. 15. 1. “Usable marijuana” means the dried leaves and flowers
2-47 of a plant of the genus Cannabis, and any mixture or preparation
2-48 thereof, that are appropriate for medical use as allowed pursuant to the
2-49 provisions of this chapter.
3-1 2. The term does not include the seeds, stalks and roots of the plant.
3-2 Sec. 16. “Written documentation” means:
3-3 1. A statement signed by the attending physician of a person
3-4 diagnosed with a chronic or debilitating medical condition; or
3-5 2. Copies of the relevant medical records of a person diagnosed with
3-6 a chronic or debilitating medical condition.
3-7 Sec. 17. 1. Except as otherwise provided in sections 18, 24 and 31
3-8 of this act, a person engaged in or assisting in the medical use of
3-9 marijuana is exempt from state prosecution for:
3-10 (a) Possession, delivery or production of marijuana;
3-11 (b) Possession or delivery of drug paraphernalia;
3-12 (c) Aiding and abetting another in the possession, delivery or
3-13 production of marijuana;
3-14 (d) Aiding and abetting another in the possession or delivery of drug
3-15 paraphernalia;
3-16 (e) Any combination of the acts described in paragraphs (a) to (d),
3-17 inclusive; and
3-18 (f) Any other criminal offense in which the possession, delivery or
3-19 production of marijuana or the possession or delivery of drug
3-20 paraphernalia is an element,
3-21 if the person holds a registry identification card issued to him pursuant
3-22 to section 20 or 23 of this act.
3-23 2. In addition to the provisions of subsection 1, no person may be
3-24 prosecuted for constructive possession, conspiracy or any other criminal
3-25 offense solely for being in the presence or vicinity of the medical use of
3-26 marijuana as authorized pursuant to the provisions of this chapter.
3-27 Sec. 18. 1. A person who holds a registry identification card issued
3-28 to him pursuant to paragraph (a) of subsection 1 of section 20 of this act
3-29 may engage in, and the designated primary caregiver of such a person, if
3-30 any, may assist in, the medical use of marijuana only as justified to
3-31 mitigate the symptoms or effects of the person’s chronic or debilitating
3-32 medical condition. Except as otherwise provided in subsection 2, a
3-33 person who possesses a registry identification card issued to him
3-34 pursuant to paragraph (a) of subsection 1 of section 20 of this act and
3-35 the designated primary caregiver of such a person, if any, may not, at
3-36 any one time, collectively possess, deliver or produce more than:
3-37 (a) One ounce of usable marijuana;
3-38 (b) Three mature marijuana plants; and
3-39 (c) Four immature marijuana plants.
3-40 2. If the persons described in subsection 1 possess, deliver or produce
3-41 marijuana in an amount which exceeds the amount allowed pursuant to
3-42 that subsection, those persons:
3-43 (a) Are not exempt from state prosecution for possession, delivery or
3-44 production of marijuana.
3-45 (b) May establish an affirmative defense to charges of possession,
3-46 delivery or production of marijuana, or any combination of those acts, in
3-47 the manner set forth in section 25 of this act.
4-1 Sec. 19. 1. The department shall establish and maintain a program
4-2 for the issuance of registry identification cards to persons who meet the
4-3 requirements of this section.
4-4 2. Except as otherwise provided in subsections 3 and 5, the
4-5 department or its designee shall issue a registry identification card to a
4-6 person who submits an application on a form prescribed by the
4-7 department accompanied by the following:
4-8 (a) Valid, written documentation from the person’s attending
4-9 physician stating that:
4-10 (1) The person has been diagnosed with a chronic or debilitating
4-11 medical condition;
4-12 (2) The medical use of marijuana may mitigate the symptoms or
4-13 effects of that condition; and
4-14 (3) The attending physician has explained the possible risks and
4-15 benefits of the medical use of marijuana;
4-16 (b) The name, address, telephone number, social security number and
4-17 date of birth of the person;
4-18 (c) The name, address and telephone number of the person’s
4-19 attending physician; and
4-20 (d) If the person elects to designate a primary caregiver at the time of
4-21 application:
4-22 (1) The name, address, telephone number and social security
4-23 number of the designated primary caregiver; and
4-24 (2) A written, signed statement from his attending physician in
4-25 which the attending physician approves of the designation of the primary
4-26 caregiver.
4-27 3. The department or its designee shall issue a registry identification
4-28 card to a person who is under 18 years of age if:
4-29 (a) The person submits the materials required pursuant to subsection
4-30 2; and
4-31 (b) The custodial parent or legal guardian with responsibility for
4-32 health care decisions for the person under 18 years of age signs a written
4-33 statement setting forth that:
4-34 (1) The attending physician of the person under 18 years of age has
4-35 explained to that person and to the custodial parent or legal guardian
4-36 with responsibility for health care decisions for the person under 18
4-37 years of age the possible risks and benefits of the medical use of
4-38 marijuana;
4-39 (2) The custodial parent or legal guardian with responsibility for
4-40 health care decisions for the person under 18 years of age consents to the
4-41 use of marijuana by the person under 18 years of age for medical
4-42 purposes;
4-43 (3) The custodial parent or legal guardian with responsibility for
4-44 health care decisions for the person under 18 years of age agrees to serve
4-45 as the designated primary caregiver for the person under 18 years of
4-46 age; and
4-47 (4) The custodial parent or legal guardian with responsibility for
4-48 health care decisions for the person under 18 years of age agrees to
5-1 control the acquisition of marijuana and the dosage and frequency of use
5-2 by the person under 18 years of age.
5-3 4. The form prescribed by the department to be used by a person
5-4 applying for a registry identification card pursuant to this section must
5-5 be a form that is in quintuplicate. Upon receipt of an application that is
5-6 completed and submitted pursuant to this section, the department shall:
5-7 (a) Record on the application the date on which it was received;
5-8 (b) Retain one copy of the application for the records of the
5-9 department; and
5-10 (c) Distribute the other four copies of the application in the following
5-11 manner:
5-12 (1) One copy to the person who submitted the application;
5-13 (2) One copy to the applicant’s designated primary caregiver,
5-14 if any;
5-15 (3) One copy to the central repository for Nevada records of
5-16 criminal history; and
5-17 (4) One copy to the board of medical examiners.
5-18 The central repository for Nevada records of criminal history shall report
5-19 to the department its findings as to the criminal history, if any, of an
5-20 applicant within 15 days after receiving a copy of an application
5-21 pursuant to subparagraph (3) of paragraph (c). The board of medical
5-22 examiners shall report to the department its findings as to the licensure
5-23 and standing of the applicant’s attending physician within 15 days after
5-24 receiving a copy of an application pursuant to subparagraph (4) of
5-25 paragraph (c).
5-26 5. The department shall verify the information contained in an
5-27 application submitted pursuant to this section and shall approve or deny
5-28 an application within 30 days after receiving the application. The
5-29 department may contact an applicant, his attending physician and
5-30 designated primary caregiver, if any, by telephone to determine that the
5-31 information provided on or accompanying the application is accurate.
5-32 The department may deny an application only on the following grounds:
5-33 (a) The applicant failed to provide the information required pursuant
5-34 to subsections 2 and 3 to:
5-35 (1) Establish his chronic or debilitating medical condition; or
5-36 (2) Document his consultation with an attending physician
5-37 regarding the medical use of marijuana in connection with that
5-38 condition;
5-39 (b) The applicant failed to comply with regulations adopted by the
5-40 department, including, without limitation, the regulations adopted by the
5-41 director pursuant to section 32 of this act;
5-42 (c) The department determines that the information provided by the
5-43 applicant was falsified;
5-44 (d) The department determines that the attending physician of the
5-45 applicant is not licensed to practice medicine in this state or is not in
5-46 good standing, as reported by the board of medical examiners;
5-47 (e) The department determines that the applicant, or his designated
5-48 primary caregiver, if applicable, has been convicted of knowingly or
5-49 intentionally selling a controlled substance;
6-1 (f) The department has prohibited the applicant from obtaining or
6-2 using a registry identification card pursuant to subsection 2 of section 24
6-3 of this act; or
6-4 (g) In the case of a person under 18 years of age, the custodial parent
6-5 or legal guardian with responsibility for health care decisions for the
6-6 person has not signed the written statement required pursuant to
6-7 paragraph (b) of subsection 3.
6-8 6. The decision of the department to deny an application for a
6-9 registry identification card is a final decision for the purposes of judicial
6-10 review. Only the person whose application has been denied or, in the
6-11 case of a person under 18 years of age whose application has been
6-12 denied, the person’s parent or legal guardian, has standing to contest the
6-13 determination of the department. A judicial review authorized pursuant
6-14 to this subsection must be limited to a determination of whether the
6-15 denial was arbitrary, capricious or otherwise characterized by an abuse
6-16 of discretion and must be conducted in accordance with the procedures
6-17 set forth in chapter 233B of NRS for reviewing a final decision of an
6-18 agency.
6-19 7. A person whose application has been denied may not reapply for 6
6-20 months after the date of the denial, unless the department or a court of
6-21 competent jurisdiction authorizes reapplication in a shorter time.
6-22 8. Except as otherwise provided in this subsection, if a person has
6-23 applied for a registry identification card pursuant to this section and the
6-24 department has not yet approved or denied the application, the person,
6-25 and his designated primary caregiver, if any, shall be deemed to hold a
6-26 registry identification card upon the presentation to a law enforcement
6-27 officer of the copy of the application provided to him pursuant to
6-28 subsection 4. A person may not be deemed to hold a registry
6-29 identification card for a period of more than 30 days after the date on
6-30 which the department received the application.
6-31 Sec. 20. 1. If the department approves an application pursuant to
6-32 subsection 5 of section 19 of this act, the department or its designee shall,
6-33 as soon as practicable after the department approves the application:
6-34 (a) Issue a serially numbered registry identification card to the
6-35 applicant; and
6-36 (b) If the applicant has designated a primary caregiver, issue a serially
6-37 numbered registry identification card to the designated primary
6-38 caregiver.
6-39 2. A registry identification card issued pursuant to paragraph (a) of
6-40 subsection 1 must set forth:
6-41 (a) The name, address, photograph and date of birth of the applicant;
6-42 (b) The date of issuance and date of expiration of the registry
6-43 identification card;
6-44 (c) The name and address of the applicant’s designated primary
6-45 caregiver, if any; and
6-46 (d) Any other information prescribed by regulation of the department.
6-47 3. A registry identification card issued pursuant to paragraph (b) of
6-48 subsection 1 must set forth:
7-1 (a) The name, address and photograph of the designated primary
7-2 caregiver;
7-3 (b) The date of issuance and date of expiration of the registry
7-4 identification card;
7-5 (c) The name and address of the applicant for whom the person is the
7-6 designated primary caregiver; and
7-7 (d) Any other information prescribed by regulation of the department.
7-8 4. A registry identification card issued pursuant to this section is
7-9 valid for a period of 1 year and may be renewed in accordance with
7-10 regulations adopted by the department.
7-11 Sec. 21. 1. A person to whom the department or its designee has
7-12 issued a registry identification card pursuant to paragraph (a) of
7-13 subsection 1 of section 20 of this act shall, in accordance with
7-14 regulations adopted by the department:
7-15 (a) Notify the department of any change in his name, address,
7-16 telephone number, attending physician or designated primary caregiver,
7-17 if any; and
7-18 (b) Submit annually to the department:
7-19 (1) Updated written documentation from his attending physician in
7-20 which the attending physician sets forth that:
7-21 (I) The person continues to suffer from a chronic or debilitating
7-22 medical condition;
7-23 (II) The medical use of marijuana may mitigate the symptoms or
7-24 effects of that condition; and
7-25 (III) He has explained to the person the possible risks and
7-26 benefits of the medical use of marijuana; and
7-27 (2) If he elects to designate a primary caregiver for the subsequent
7-28 year and the primary caregiver so designated was not the person’s
7-29 designated primary caregiver during the previous year:
7-30 (I) The name, address, telephone number and social security
7-31 number of the designated primary caregiver; and
7-32 (II) A written, signed statement from his attending physician in
7-33 which the attending physician approves of the designation of the primary
7-34 caregiver.
7-35 2. A person to whom the department or its designee has issued a
7-36 registry identification card pursuant to paragraph (b) of subsection 1 of
7-37 section 20 of this act or pursuant to section 23 of this act shall, in
7-38 accordance with regulations adopted by the department, notify the
7-39 department of any change in his name, address, telephone number or the
7-40 identity of the person for whom he acts as designated primary caregiver.
7-41 3. If a person fails to comply with the provisions of subsection 1 or 2,
7-42 the registry identification card issued to him shall be deemed expired. If
7-43 the registry identification card of a person to whom the department or its
7-44 designee issued the card pursuant to paragraph (a) of subsection 1 of
7-45 section 20 of this act is deemed expired pursuant to this subsection, a
7-46 registry identification card issued to the person’s designated primary
7-47 caregiver, if any, shall also be deemed expired. Upon the deemed
7-48 expiration of a registry identification card pursuant to this subsection:
8-1 (a) The department shall send, by certified mail, return receipt
8-2 requested, notice to the person whose registry identification card has
8-3 been deemed expired, advising the person of the requirements of
8-4 paragraph (b); and
8-5 (b) The person shall return his registry identification card to the
8-6 department within 7 days after receiving the notice sent pursuant to
8-7 paragraph (a).
8-8 Sec. 22. If a person to whom the department or its designee has
8-9 issued a registry identification card pursuant to paragraph (a) of
8-10 subsection 1 of section 20 of this act is diagnosed by his attending
8-11 physician as no longer having a chronic or debilitating medical
8-12 condition, the person and his designated primary caregiver, if any, shall
8-13 return their registry identification cards to the department within 7 days
8-14 after notification of the diagnosis.
8-15 Sec. 23. 1. If a person who applies to the department for a registry
8-16 identification card or to whom the department or its designee has issued
8-17 a registry identification card pursuant to paragraph (a) of subsection 1 of
8-18 section 20 of this act desires to designate a primary caregiver, the person
8-19 must:
8-20 (a) To designate a primary caregiver at the time of application, submit
8-21 to the department the information required pursuant to paragraph (d) of
8-22 subsection 2 of section 19 of this act; or
8-23 (b) To designate a primary caregiver after the department or its
8-24 designee has issued a registry identification card to him, submit to the
8-25 department the information required pursuant to subparagraph (2) of
8-26 paragraph (b) of subsection 1 of section 21 of this act.
8-27 2. A person may have only one designated primary caregiver at any
8-28 one time.
8-29 3. If a person designates a primary caregiver after the time that he
8-30 initially applies for a registry identification card, the department or its
8-31 designee shall, except as otherwise provided in subsection 5 of section 19
8-32 of this act, issue a registry identification card to the designated primary
8-33 caregiver as soon as practicable after receiving the information
8-34 submitted pursuant to paragraph (b) of subsection 1.
8-35 Sec. 24. 1. A person who is authorized to engage or assist in the
8-36 medical use of marijuana pursuant to the provisions of this chapter is not
8-37 exempt from state prosecution for, nor may he use his authorization to
8-38 engage or assist in the medical use of marijuana to establish an
8-39 affirmative defense to charges arising from, any of the following acts:
8-40 (a) Driving, operating or being in actual physical control of a vehicle
8-41 or a vessel under power or sail while under the influence of marijuana.
8-42 (b) Engaging in any other conduct prohibited by NRS 484.379,
8-43 484.3795, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or
8-44 493.130.
8-45 (c) Possessing a firearm in violation of paragraph (b) of subsection 1
8-46 of NRS 202.257.
8-47 (d) Possessing marijuana in violation of NRS 453.336 or possessing
8-48 drug paraphernalia in violation of NRS 453.560 or 453.566, if the
9-1 possession of the marijuana or drug paraphernalia is discovered because
9-2 the person engaged or assisted in the medical use of marijuana in:
9-3 (1) Any public place or in any place open to the public or exposed to
9-4 public view; or
9-5 (2) Any local detention facility, county jail, state prison,
9-6 reformatory or other correctional facility, including, without limitation,
9-7 any facility for the detention of juvenile offenders.
9-8 (e) Delivering marijuana to another person who he knows does not
9-9 lawfully hold a registry identification card issued by the department or its
9-10 designee pursuant to section 20 or 23 of this act.
9-11 (f) Delivering marijuana for consideration to any person, regardless
9-12 of whether the recipient lawfully holds a registry identification card
9-13 issued by the department or its designee pursuant to section 20 or 23 of
9-14 this act.
9-15 2. In addition to any other penalty provided by law, if the department
9-16 determines that a person has willfully violated a provision of this chapter
9-17 or any regulation adopted by the department or division to carry out the
9-18 provisions of this chapter, the department may, at its own discretion,
9-19 prohibit the person from obtaining or using a registry identification card
9-20 for a period of up to 6 months.
9-21 Sec. 25. 1. Except as otherwise provided in this section and
9-22 sections 24 and 31 of this act, it is an affirmative defense to a criminal
9-23 charge of possession, delivery or production of marijuana, or any other
9-24 criminal offense in which possession, delivery or production of
9-25 marijuana is an element, that
9-26 (a) Is a person who:
9-27 (1) Has been diagnosed with a chronic or debilitating medical
9-28 condition within the 12-month period preceding his arrest and has been
9-29 advised by his attending physician that the medical use of marijuana may
9-30 mitigate the symptoms or effects of that chronic or debilitating medical
9-31 condition;
9-32 (2) Is engaged in the medical use of marijuana; and
9-33 (3) Possesses, delivers or produces marijuana only in the amount
9-34 allowed pursuant to subsection 1 of section 18 of this act or in excess of
9-35 that amount if the person proves by a preponderance of the evidence that
9-36 the greater amount is medically necessary as determined by the person’s
9-37 attending physician to mitigate the symptoms or effects of the person’s
9-38 chronic or debilitating medical condition; or
9-39 (b) Is a person who:
9-40 (1) Is assisting a person described in paragraph (a) in the medical
9-41 use of marijuana; and
9-42 (2) Possesses, delivers or produces marijuana only in the amount
9-43 allowed pursuant to subsection 1 of section 18 of this act or in excess of
9-44 that amount if the person proves by a preponderance of the evidence that
9-45 the greater amount is medically necessary as determined by the assisted
9-46 person’s attending physician to mitigate the symptoms or effects of the
9-47 assisted person’s chronic or debilitating medical condition.
10-1 2. A person need not hold a registry identification card issued to him
10-2 by the department or its designee pursuant to section 20 or 23 of this act
10-3 to assert an affirmative defense described in this section.
10-4 3. Except as otherwise provided in this section and in addition to the
10-5 affirmative defense described in subsection 1, a person engaged or
10-6 assisting in the medical use of marijuana who is charged with a crime
10-7 pertaining to the medical use of marijuana is not precluded from:
10-8 (a) Asserting a defense of medical necessity; or
10-9 (b) Presenting evidence supporting the necessity of marijuana for
10-10 treatment of a specific disease or medical condition,
10-11 if the amount of marijuana at issue is not greater than the amount
10-12 allowed pursuant to subsection 1 of section 18 of this act and the person
10-13 has taken steps to comply substantially with the provisions of this
10-14 chapter.
10-15 4. A defendant who intends to offer an affirmative defense described
10-16 in this section shall, not less than 5 days before trial or at such other time
10-17 as the court directs, file and serve upon the prosecuting attorney a
10-18 written notice of his intent to claim the affirmative defense. The written
10-19 notice must:
10-20 (a) State specifically why the defendant believes he is entitled to assert
10-21 the affirmative defense; and
10-22 (b) Set forth the factual basis for the affirmative defense.
10-23 A defendant who fails to provide notice of his intent to claim an
10-24 affirmative defense as required pursuant to this subsection may not
10-25 assert the affirmative defense at trial unless the court, for good cause
10-26 shown, orders otherwise.
10-27 Sec. 26. 1. The fact that a person possesses a registry identification
10-28 card issued to him by the department or its designee pursuant to section
10-29 20 or 23 of this act does not, alone:
10-30 (a) Constitute probable cause to search the person or his property; or
10-31 (b) Subject the person or his property to inspection by any
10-32 governmental agency.
10-33 2. Except as otherwise provided in this subsection, if officers of a
10-34 state or local law enforcement agency seize marijuana, drug
10-35 paraphernalia or other related property from a person engaged or
10-36 assisting in the medical use of marijuana:
10-37 (a) The law enforcement agency shall ensure that the marijuana, drug
10-38 paraphernalia or other related property is not destroyed while in the
10-39 possession of the law enforcement agency.
10-40 (b) Any property interest of the person from whom the marijuana,
10-41 drug paraphernalia or other related property was seized must not be
10-42 forfeited pursuant to any provision of law providing for the forfeiture of
10-43 property, except as part of a sentence imposed after conviction of a
10-44 criminal offense.
10-45 (c) Upon a determination by the district attorney of the county in
10-46 which the marijuana, drug paraphernalia or other related property was
10-47 seized, or his designee, that the person from whom the marijuana, drug
10-48 paraphernalia or other related property was seized is entitled to engage
10-49 or assist in the medical use of marijuana pursuant to the provisions of
11-1 this chapter, the law enforcement agency shall immediately return to that
11-2 person any usable marijuana, marijuana plants, drug paraphernalia or
11-3 other related property that was seized.
11-4 The provisions of this subsection do not require a law enforcement
11-5 agency to care for live marijuana plants.
11-6 3. For the purposes of paragraph (c) of subsection 2, the
11-7 determination of a district attorney or his designee that a person is
11-8 entitled to engage in the medical use of marijuana shall be deemed to be
11-9 evidenced by:
11-10 (a) A decision not to prosecute;
11-11 (b) The dismissal of charges; or
11-12 (c) Acquittal.
11-13 Sec. 27. The board of medical examiners shall not take any
11-14 disciplinary action against an attending physician on the basis that the
11-15 attending physician:
11-16 1. Advised a person whom the attending physician has diagnosed as
11-17 having a chronic or debilitating medical condition, or a person whom the
11-18 attending physician knows has been so diagnosed by another physician
11-19 licensed to practice medicine pursuant to the provisions of chapter 630 of
11-20 NRS:
11-21 (a) About the possible risks and benefits of the medical use of
11-22 marijuana; or
11-23 (b) That the medical use of marijuana may mitigate the symptoms or
11-24 effects of the person’s chronic or debilitating medical condition,
11-25 if the advice is based on the attending physician’s personal assessment of
11-26 the person’s medical history and current medical condition.
11-27 2. Provided the written documentation required pursuant to
11-28 paragraph (a) of subsection 2 of section 19 of this act for the issuance of
11-29 a registry identification card or pursuant to subparagraph (1) of
11-30 paragraph (b) of subsection 1 of section 21 of this act for the renewal of
11-31 a registry identification card, if:
11-32 (a) Such documentation is based on the attending physician’s
11-33 personal assessment of the person’s medical history and current medical
11-34 condition; and
11-35 (b) The physician has advised the person about the possible risks and
11-36 benefits of the medical use of marijuana.
11-37 Sec. 28. A professional licensing board shall not take any
11-38 disciplinary action against a person licensed by the board on the basis
11-39 that:
11-40 1. The person engages in or has engaged in the medical use of
11-41 marijuana as authorized pursuant to the provisions of this chapter; or
11-42 2. The person acts as or has acted as the designated primary
11-43 caregiver of a person who holds a registry identification card issued to
11-44 him pursuant to paragraph (a) of subsection 1 of section 20 of this act.
11-45 Sec. 29. 1. Except as otherwise provided in this section and
11-46 subsection 4 of section 19 of this act, the department shall maintain the
11-47 confidentiality of and shall not disclose:
12-1 (a) The contents of any applications, records or other written
12-2 documentation that the department creates or receives pursuant to the
12-3 provisions of this chapter; or
12-4 (b) The name or any other identifying information of:
12-5 (1) An attending physician; or
12-6 (2) A person who has applied for or to whom the department or its
12-7 designee has issued a registry identification card.
12-8 2. The department may release the name and other identifying
12-9 information of a person to whom the department or its designee has
12-10 issued a registry identification card to:
12-11 (a) Authorized employees of the department as necessary to perform
12-12 official duties of the department; and
12-13 (b) Authorized employees of state and local law enforcement agencies,
12-14 only as necessary to verify that a person is the lawful holder of a registry
12-15 identification card issued to him pursuant to section 20 or 23 of this act.
12-16 Sec. 30. 1. A person may submit to the division a petition
12-17 requesting that a particular disease or condition be included among the
12-18 diseases and conditions that qualify as chronic or debilitating medical
12-19 conditions pursuant to section 6 of this act.
12-20 2. The division shall adopt regulations setting forth the manner in
12-21 which the division will accept and evaluate petitions submitted pursuant
12-22 to this section. The regulations must provide, without limitation, that:
12-23 (a) The division will approve or deny a petition within 180 days after
12-24 the division receives the petition;
12-25 (b) If the division approves a petition, the division will, as soon as
12-26 practicable thereafter, transmit to the department information
12-27 concerning the disease or condition that the division has approved; and
12-28 (c) The decision of the division to deny a petition is a final decision for
12-29 the purposes of judicial review.
12-30 Sec. 31. The provisions of this chapter do not:
12-31 1. Require an insurer, organization for managed care or any person
12-32 or entity who provides coverage for a medical or health care service to
12-33 pay for or reimburse a person for costs associated with the medical use of
12-34 marijuana.
12-35 2. Require any employer to accommodate the medical use of
12-36 marijuana in the workplace.
12-37 3. Protect a person against state prosecution for any act involving the
12-38 possession, delivery or production of marijuana or the possession or
12-39 delivery of drug paraphernalia in a manner not authorized pursuant to
12-40 the provisions of this chapter.
12-41 Sec. 32. The director of the department shall adopt such regulations
12-42 as the director determines are necessary to carry out the provisions of
12-43 this chapter. The regulations must set forth, without limitation:
12-44 1. Procedures pursuant to which the state department of agriculture
12-45 will, in cooperation with the department of motor vehicles and public
12-46 safety, cause a registry identification card to be prepared and issued to a
12-47 qualified person as a type of identification card described in NRS
12-48 483.810 to 483.890, inclusive. The procedures described in this
12-49 subsection must provide that the state department of agriculture will:
13-1 (a) Issue a registry identification card to a qualified person after the
13-2 card has been prepared by the department of motor vehicles and public
13-3 safety; or
13-4 (b) Designate the department of motor vehicles and public safety to
13-5 issue a registry identification card to a person if:
13-6 (1) The person presents to the department of motor vehicles and
13-7 public safety valid documentation issued by the state department of
13-8 agriculture indicating that the state department of agriculture has
13-9 approved the issuance of a registry identification card to the person; and
13-10 (2) The department of motor vehicles and public safety, before
13-11 issuing the registry identification card, confirms by telephone or other
13-12 reliable means that the state department of agriculture has approved the
13-13 issuance of a registry identification card to the person.
13-14 2. Criteria for determining whether a marijuana plant is a mature
13-15 marijuana plant or an immature marijuana plant.
13-16 Sec. 33. The state must not be held responsible for any deleterious
13-17 outcomes from the medical use of marijuana by any person.
13-18 Sec. 34. Chapter 453 of NRS is hereby amended by adding thereto the
13-19 provisions set forth as sections 35 and 36 of this act.
13-20 Sec. 35. The provisions of this chapter do not apply to the extent that
13-21 they are inconsistent with the provisions of sections 2 to 33, inclusive, of
13-22 this act.
13-23 Sec. 36. 1. A local authority may enact an ordinance adopting the
13-24 penalties set forth for misdemeanors in NRS 453.336 for similar offenses
13-25 under a local ordinance. The ordinance must set forth the manner in
13-26 which money collected from fines imposed by a court for a violation of
13-27 the ordinance must be disbursed in accordance with subsection 2.
13-28 2. Money collected from fines imposed by a court for a violation of
13-29 an ordinance enacted pursuant to subsection 1 must be evenly allocated
13-30 among:
13-31 (a) Nonprofit programs for the treatment of abuse of alcohol or drugs
13-32 that are certified by the bureau of alcohol and drug abuse in the
13-33 department;
13-34 (b) A program of treatment and rehabilitation established by a court
13-35 pursuant to NRS 453.580, if any; and
13-36 (c) Local law enforcement agencies,
13-37 in a manner determined by the court.
13-38 3. As used in this section, “local authority” means the governing
13-39 board of a county, city or other political subdivision having authority to
13-40 enact laws or ordinances.
13-41 Sec. 37. NRS 453.336 is hereby amended to read as follows:
13-42 453.336 1. A person shall not knowingly or intentionally possess a
13-43 controlled substance, unless the substance was obtained directly from, or
13-44 pursuant to, a prescription or order of a physician, physician’s assistant,
13-45 dentist, podiatric physician, optometrist or veterinarian while acting in the
13-46 course of his professional practice, or except as otherwise authorized by the
13-47 provisions of NRS 453.011 to 453.552, inclusive[.] , and sections 35 and
13-48 36 of this act.
14-1 2. Except as otherwise provided in subsections 3, 4 and 5 and in NRS
14-2 453.3363, and unless a greater penalty is provided in NRS 212.160,
14-3 453.3385, 453.339 or 453.3395, a person who violates this section shall be
14-4 punished:
14-5 (a) For the first or second offense, if the controlled substance is listed in
14-6 schedule I, II, III or IV, for a category E felony as provided in NRS
14-7 193.130.
14-8 (b) For a third or subsequent offense, if the controlled substance is listed
14-9 in schedule I, II, III or IV, or if the offender has previously been convicted
14-10 two or more times in the aggregate of any violation of the law of the
14-11 United States or of any state, territory or district relating to a controlled
14-12 substance, for a category D felony as provided in NRS 193.130, and may
14-13 be further punished by a fine of not more than $20,000.
14-14 (c) For the first offense, if the controlled substance is listed in schedule
14-15 V, for a category E felony as provided in NRS 193.130.
14-16 (d) For a second or subsequent offense, if the controlled substance is
14-17 listed in schedule V, for a category D felony as provided in NRS 193.130.
14-18 3. Unless a greater penalty is provided in NRS 212.160, 453.337 or
14-19 453.3385, a person who is convicted of the possession of flunitrazepam or
14-20 gamma-hydroxybutyrate, or any substance for which flunitrazepam or
14-21 gamma-hydroxybutyrate is an immediate precursor, is guilty of a category
14-22 B felony and shall be punished by imprisonment in the state prison for a
14-23 minimum term of not less than 1 year and a maximum term of not more
14-24 than 6 years.
14-25 4. [Unless a greater penalty is provided in NRS 212.160, a person who
14-26 is less than 21 years of age and is convicted of the possession of less than 1
14-27 ounce of marijuana:
14-28 (a) For the first and second offense, is guilty of a category E felony and
14-29 shall be punished as provided in NRS 193.130.
14-30 (b) For a third or subsequent offense, is guilty of a category D felony
14-31 and shall be punished as provided in NRS 193.130, and may be further
14-32 punished by a fine of not more than $20,000.
14-33 5. Before sentencing under the provisions of subsection 4 for a first
14-34 offense, the court shall require the parole and probation officer to submit a
14-35 presentencing report on the person convicted in accordance with the
14-36 provisions of NRS 176A.200. After the report is received but before
14-37 sentence is pronounced the court shall:
14-38 (a) Interview the person convicted and make a determination as to the
14-39 possibility of his rehabilitation; and
14-40 (b) Conduct a hearing at which evidence may be presented as to the
14-41 possibility of rehabilitation and any other relevant information.
14-42 6.] Unless a greater penalty is provided pursuant to NRS 212.160, a
14-43 person who is convicted of the possession of 1 ounce or less of
14-44 marijuana:
14-45 (a) For the first offense, is guilty of a misdemeanor and shall be:
14-46 (1) Punished by a fine of not more than $600; and
14-47 (2) Examined by an approved facility for the treatment of abuse of
14-48 drugs to determine whether he is a drug addict and is likely to be
14-49 rehabilitated through treatment.
15-1 (b) For the second offense, is guilty of a misdemeanor and shall be:
15-2 (1) Punished by a fine of not more than $1,000; and
15-3 (2) Assigned to a program of treatment and rehabilitation pursuant
15-4 to NRS 453.580.
15-5 (c) For a third or subsequent offense, is guilty of a gross misdemeanor
15-6 and shall be punished by a fine of not less than $1,000 nor more than
15-7 $2,000.
15-8 5. As used in this section, “controlled substance” includes
15-9 flunitrazepam, gamma-hydroxybutyrate and each substance for which
15-10 flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
15-11 Sec. 38. NRS 453.3363 is hereby amended to read as follows:
15-12 453.3363 1. If a person who has not previously been convicted of
15-13 any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to
15-14 any statute of the United States or of any state relating to narcotic drugs,
15-15 marijuana, or stimulant, depressant or hallucinogenic substances tenders a
15-16 plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a
15-17 charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or
15-18 454.351, or is found guilty of one of those charges, the court, without
15-19 entering a judgment of conviction and with the consent of the accused, may
15-20 suspend further proceedings and place him on probation upon terms and
15-21 conditions that must include attendance and successful completion of an
15-22 educational program or, in the case of a person dependent upon drugs, of a
15-23 program of treatment and rehabilitation pursuant to NRS 453.580.
15-24 2. Upon violation of a term or condition, the court may enter a
15-25 judgment of conviction and proceed as provided in the section pursuant to
15-26 which the accused was charged. Notwithstanding the provisions of
15-27 paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or
15-28 condition, the court may order the person to the custody of the department
15-29 of prisons.
15-30 3. Upon fulfillment of the terms and conditions, the court shall
15-31 discharge the accused and dismiss the proceedings against him. A
15-32 nonpublic record of the dismissal must be transmitted to and retained by
15-33 the division of parole and probation of the department of motor vehicles
15-34 and public safety solely for the use of the courts in determining whether, in
15-35 later proceedings, the person qualifies under this section.
15-36 4. Except as otherwise provided in subsection 5, discharge and
15-37 dismissal under this section is without adjudication of guilt and is not a
15-38 conviction for purposes of this section or for purposes of employment, civil
15-39 rights or any statute or regulation or license or questionnaire or for any
15-40 other public or private purpose, but is a conviction for the purpose of
15-41 additional penalties imposed for second or subsequent convictions or the
15-42 setting of bail. Discharge and dismissal restores the person discharged, in
15-43 the contemplation of the law, to the status occupied before the arrest,
15-44 indictment or information. He may not be held thereafter under any law to
15-45 be guilty of perjury or otherwise giving a false statement by reason of
15-46 failure to recite or acknowledge that arrest, indictment, information or trial
15-47 in response to an inquiry made of him for any purpose. Discharge and
15-48 dismissal under this section may occur only once with respect to any
15-49 person.
16-1 5. A professional licensing board may consider a proceeding under this
16-2 section in determining suitability for a license or liability to discipline for
16-3 misconduct. Such a board is entitled for those purposes to a truthful answer
16-4 from the applicant or licensee concerning any such proceeding with respect
16-5 to him.
16-6 Sec. 39. NRS 453.401 is hereby amended to read as follows:
16-7 453.401 1. Except as otherwise provided in subsections 3 and 4, if
16-8 two or more persons conspire to commit an offense which is a felony under
16-9 the Uniform Controlled Substances Act or conspire to defraud the State of
16-10 Nevada or an agency of the state in connection with its enforcement of the
16-11 Uniform Controlled Substances Act, and one of the conspirators does an
16-12 act in furtherance of the conspiracy, each conspirator:
16-13 (a) For a first offense, is guilty of a category C felony and shall be
16-14 punished as provided in NRS 193.130.
16-15 (b) For a second offense, or if, in the case of a first conviction of
16-16 violating this subsection, the conspirator has previously been convicted of
16-17 a felony under the Uniform Controlled Substances Act or of an offense
16-18 under the laws of the United States or of any state, territory or district
16-19 which if committed in this state, would amount to a felony under the
16-20 Uniform Controlled Substances Act, is guilty of a category B felony and
16-21 shall be punished by imprisonment in the state prison for a minimum term
16-22 of not less than 2 years and a maximum term of not more than 10 years,
16-23 and may be further punished by a fine of not more than $10,000.
16-24 (c) For a third or subsequent offense, or if the conspirator has
16-25 previously been convicted two or more times of a felony under the
16-26 Uniform Controlled Substances Act or of an offense under the laws of the
16-27 United States or any state, territory or district which, if committed in this
16-28 state, would amount to a felony under the Uniform Controlled Substances
16-29 Act, is guilty of a category B felony and shall be punished by
16-30 imprisonment in the state prison for a minimum term of not less than 3
16-31 years and a maximum term of not more than 15 years, and may be further
16-32 punished by a fine of not more than $20,000 for each offense.
16-33 2. Except as otherwise provided in subsection 3, if two or more
16-34 persons conspire to commit an offense in violation of the Uniform
16-35 Controlled Substances Act and the offense does not constitute a felony, and
16-36 one of the conspirators does an act in furtherance of the conspiracy, each
16-37 conspirator shall be punished by imprisonment, or by imprisonment and
16-38 fine, for not more than the maximum punishment provided for the offense
16-39 which they conspired to commit.
16-40 3. If two or more persons conspire to possess more than 1 ounce of
16-41 marijuana unlawfully, except for the purpose of sale, and one of the
16-42 conspirators does an act in furtherance of the conspiracy, each conspirator
16-43 is guilty of a gross misdemeanor.
16-44 4. If the conspiracy subjects the conspirators to criminal liability under
16-45 NRS 207.400, the persons so conspiring shall be punished in the manner
16-46 provided in NRS 207.400.
16-47 5. The court shall not grant probation to or suspend the sentence of a
16-48 person convicted of violating this section and punishable pursuant to
16-49 paragraph (b) or (c) of subsection 1.
17-1 Sec. 40. NRS 453.580 is hereby amended to read as follows:
17-2 453.580 1. A court may establish an appropriate treatment program
17-3 to which it may assign a person pursuant to subsection 4 of NRS 453.336,
17-4 NRS 453.3363 or 458.300 or it may assign such a person to an appropriate
17-5 facility for the treatment of abuse of alcohol or drugs which is certified by
17-6 the bureau of alcohol and drug abuse in the department of human
17-7 resources. The assignment must include the terms and conditions for
17-8 successful completion of the program and provide for progress reports at
17-9 intervals set by the court to ensure that the person is making satisfactory
17-10 progress towards completion of the program.
17-11 2. A program to which a court assigns a person pursuant to subsection
17-12 1 must include:
17-13 (a) Information and encouragement for the participant to cease abusing
17-14 alcohol or using controlled substances through educational, counseling and
17-15 support sessions developed with the cooperation of various community,
17-16 health, substance abuse, religious, social service and youth organizations;
17-17 (b) The opportunity for the participant to understand the medical,
17-18 psychological and social implications of substance abuse; and
17-19 (c) Alternate courses within the program based on the different
17-20 substances abused and the addictions of participants.
17-21 3. If the offense with which the person was charged involved the use
17-22 or possession of a controlled substance, in addition to the program or as a
17-23 part of the program the court must also require frequent urinalysis to
17-24 determine that the person is not using a controlled substance. The court
17-25 shall specify how frequent such examinations must be and how many must
17-26 be successfully completed, independently of other requisites for successful
17-27 completion of the program.
17-28 4. Before the court assigns a person to a program pursuant to this
17-29 section, the person must agree to pay the cost of the program to which he is
17-30 assigned and the cost of any additional supervision required pursuant to
17-31 subsection 3, to the extent of his financial resources. If the person does not
17-32 have the financial resources to pay all of the related costs, the court shall,
17-33 to the extent practicable, arrange for the person to be assigned to a program
17-34 at a facility that receives a sufficient amount of federal or state funding to
17-35 offset the remainder of the costs.
17-36 Sec. 41. NRS 455B.080 is hereby amended to read as follows:
17-37 455B.080 1. A passenger shall not embark on an amusement ride
17-38 while intoxicated or under the influence of a controlled substance, unless in
17-39 accordance with [a] :
17-40 (a) Aprescription lawfully issued to the person[.] ; or
17-41 (b) The provisions of sections 2 to 33, inclusive, of this act.
17-42 2. An authorized agent or employee of an operator may prohibit a
17-43 passenger from boarding an amusement ride if he reasonably believes that
17-44 the passenger is under the influence of alcohol, prescription drugs or a
17-45 controlled substance. An agent or employee of an operator is not civilly or
17-46 criminally liable for prohibiting a passenger from boarding an amusement
17-47 ride pursuant to this subsection.
18-1 Sec. 42. NRS 52.395 is hereby amended to read as follows:
18-2 52.395 Except as otherwise provided in section 26 of this act:
18-3 1. When any substance alleged to be a controlled substance, dangerous
18-4 drug or immediate precursor is seized from a defendant by a peace officer,
18-5 the law enforcement agency of which the officer is a member may, with the
18-6 prior approval of the prosecuting attorney, petition the district court in the
18-7 county in which the defendant is charged to secure permission to destroy a
18-8 part of the substance.
18-9 2. Upon receipt of a petition filed pursuant to subsection 1, the district
18-10 court shall order the substance to be accurately weighed and the weight
18-11 thereof accurately recorded. The prosecuting attorney or his representative
18-12 and the defendant or his representative must be allowed to inspect and
18-13 weigh the substance.
18-14 3. If after completion of the weighing process the defendant does not
18-15 knowingly and voluntarily stipulate to the weight of the substance, the
18-16 district court shall hold a hearing to make a judicial determination of the
18-17 weight of the substance. The defendant, his attorney and any other witness
18-18 the defendant may designate may be present and testify at the hearing.
18-19 4. After a determination has been made as to the weight of the
18-20 substance, the district court may order all of the substance destroyed except
18-21 that amount which is reasonably necessary to enable each interested party
18-22 to analyze the substance to determine the composition of the substance.
18-23 The district court shall order the remaining sample to be sealed and
18-24 maintained for analysis before trial.
18-25 5. If the substance is finally determined not to be a controlled
18-26 substance, dangerous drug or immediate precursor, unless the substance
18-27 was destroyed pursuant to subsection 7, the owner may file a claim against
18-28 the county to recover the reasonable value of the property destroyed
18-29 pursuant to this section.
18-30 6. The district court’s finding as to the weight of a substance destroyed
18-31 pursuant to this section is admissible in any subsequent proceeding arising
18-32 out of the same transaction.
18-33 7. If at the time that a peace officer seizes from a defendant a
18-34 substance believed to be a controlled substance, dangerous drug or
18-35 immediate precursor, the peace officer discovers any material or substance
18-36 that he reasonably believes is hazardous waste, the peace officer may
18-37 appropriately dispose of the material or substance without securing the
18-38 permission of a court.
18-39 8. As used in this section:
18-40 (a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.
18-41 (b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430.
18-42 (c) “Immediate precursor” has the meaning ascribed to it in
18-43 NRS 453.086.
18-44 Sec. 43. (Deleted by amendment.)
18-45 Sec. 44. NRS 159.061 is hereby amended to read as follows:
18-46 159.061 1. The parents of a minor, or either parent, if qualified and
18-47 suitable, are preferred over all others for appointment as guardian for the
18-48 minor. In determining whether the parents of a minor, or either parent, is
18-49 qualified and suitable, the court shall consider, without limitation:
19-1 (a) Which parent has physical custody of the minor;
19-2 (b) The ability of the parents or parent to provide for the basic needs of
19-3 the child, including, without limitation, food, shelter, clothing and medical
19-4 care;
19-5 (c) Whether the parents or parent has engaged in the habitual use of
19-6 alcohol or any controlled substance during the previous 6 months[;] ,
19-7 except the use of marijuana as authorized pursuant to sections 2 to 33,
19-8 inclusive, of this act; and
19-9 (d) Whether the parents or parent has been convicted of a crime of
19-10 moral turpitude, a crime involving domestic violence or a crime involving
19-11 the exploitation of a child.
19-12 2. Subject to the preference set forth in subsection 1, the court shall
19-13 appoint as guardian for an incompetent, a person of limited capacity or
19-14 minor the qualified person who is most suitable and is willing to serve.
19-15 3. In determining who is most suitable, the court shall give
19-16 consideration, among other factors, to:
19-17 (a) Any request for the appointment as guardian for an incompetent
19-18 contained in a written instrument executed by the incompetent while
19-19 competent.
19-20 (b) Any nomination of a guardian for an incompetent, minor or person
19-21 of limited capacity contained in a will or other written instrument executed
19-22 by a parent or spouse of the proposed ward.
19-23 (c) Any request for the appointment as guardian for a minor 14 years of
19-24 age or older made by the minor.
19-25 (d) The relationship by blood or marriage of the proposed guardian to
19-26 the proposed ward.
19-27 (e) Any recommendation made by a special master pursuant to
19-28 NRS 159.0615.
19-29 Sec. 45. NRS 213.123 is hereby amended to read as follows:
19-30 213.123 1. Upon the granting of parole to a prisoner, the board may,
19-31 when the circumstances warrant, require as a condition of parole that the
19-32 parolee submit to periodic tests to determine whether the parolee is using
19-33 any controlled substance. Any such use , except the use of marijuana as
19-34 authorized pursuant to sections 2 to 33, inclusive, of this act, or any
19-35 failure or refusal to submit to a test is a ground for revocation of parole.
19-36 2. Any expense incurred as a result of any test is a charge against the
19-37 division.
19-38 Sec. 46. NRS 616C.230 is hereby amended to read as follows:
19-39 616C.230 1. Compensation is not payable pursuant to the provisions
19-40 of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:
19-41 (a) Caused by the employee’s willful intention to injure himself.
19-42 (b) Caused by the employee’s willful intention to injure another.
19-43 (c) Proximately caused by the employee’s intoxication. If the employee
19-44 was intoxicated at the time of his injury, intoxication must be presumed to
19-45 be a proximate cause unless rebutted by evidence to the contrary.
19-46 (d) Proximately caused by the employee’s use of a controlled substance.
19-47 If the employee had any amount of a controlled substance in his system at
19-48 the time of his injury for which the employee did not have a current and
19-49 lawful prescription issued in his name[,] or for which he was not
20-1 authorized to engage in the use of pursuant to the provisions of sections
20-2 2 to 33, inclusive, of this act,the controlled substance must be presumed to
20-3 be a proximate cause unless rebutted by evidence to the contrary.
20-4 2. For the purposes of paragraphs (c) and (d) of subsection 1:
20-5 (a) The affidavit or declaration of an expert or other person described in
20-6 NRS 50.315 is admissible to prove the existence of any alcohol or the
20-7 existence, quantity or identity of a controlled substance in an employee’s
20-8 system. If the affidavit or declaration is to be so used, it must be submitted
20-9 in the manner prescribed in NRS 616C.355.
20-10 (b) When an examination requested or ordered includes testing for the
20-11 use of alcohol or a controlled substance, the laboratory that conducts the
20-12 testing must be licensed pursuant to the provisions of chapter 652 of NRS.
20-13 3. No compensation is payable for the death, disability or treatment of
20-14 an employee if his death is caused by, or insofar as his disability is
20-15 aggravated, caused or continued by, an unreasonable refusal or neglect to
20-16 submit to or to follow any competent and reasonable surgical treatment or
20-17 medical aid.
20-18 4. If any employee persists in an unsanitary or injurious practice that
20-19 imperils or retards his recovery, or refuses to submit to such medical or
20-20 surgical treatment as is necessary to promote his recovery, his
20-21 compensation may be reduced or suspended.
20-22 5. An injured employee’s compensation, other than accident benefits,
20-23 must be suspended if:
20-24 (a) A physician or chiropractor determines that the employee is unable
20-25 to undergo treatment, testing or examination for the industrial injury solely
20-26 because of a condition or injury that did not arise out of and in the course
20-27 of his employment; and
20-28 (b) It is within the ability of the employee to correct the nonindustrial
20-29 condition or injury.
20-30 The compensation must be suspended until the injured employee is able to
20-31 resume treatment, testing or examination for the industrial injury. The
20-32 insurer may elect to pay for the treatment of the nonindustrial condition or
20-33 injury.
20-34 Sec. 47. NRS 630.3066 is hereby amended to read as follows:
20-35 630.3066 A physician is not subject to disciplinary action solely for
20-36 [prescribing] :
20-37 1. Prescribing or administering to a patient under his care:
20-38 [1.] (a) Amygdalin (laetrile), if the patient has consented in writing to
20-39 the use of the substance.
20-40 [2.] (b)Procaine hydrochloride with preservatives and stabilizers
20-41 (Gerovital H3).
20-42 [3.] (c)A controlled substance which is listed in schedule II, III, IV or
20-43 V by the state board of pharmacy pursuant to NRS 453.146, if the
20-44 controlled substance is lawfully prescribed or administered for the
20-45 treatment of intractable pain in accordance with accepted standards for the
20-46 practice of medicine.
20-47 2. Engaging in any activity authorized pursuant to sections 2 to 33,
20-48 inclusive, of this act.
21-1 Sec. 48. 1. There is hereby appropriated from the state general fund
21-2 to the state department of agriculture the sum of $50,000 to carry out the
21-3 provisions of sections 2 to 33, inclusive, of this act.
21-4 2. The money appropriated pursuant to subsection 1 must be used to
21-5 supplement and not supplant or cause to be reduced any other source of
21-6 funding available to the state department of agriculture to carry out the
21-7 provisions of sections 2 to 33, inclusive, of this act.
21-8 3. Any remaining balance of the appropriation made by subsection 1
21-9 must not be committed for expenditure after June 30, 2003, and reverts to
21-10 the state general fund as soon as all payments of money committed have
21-11 been made.
21-12 Sec. 49. The amendatory provisions of this act do not apply to
21-13 offenses committed before October 1, 2001.
21-14 Sec. 50. 1. This section and section 48 of this act become effective
21-15 upon passage and approval.
21-16 2. Sections 6, 20, 21, 30 and 32 of this act become effective upon
21-17 passage and approval for the purpose of adopting regulations and on
21-18 October 1, 2001, for all other purposes.
21-19 3. Sections 1 to 5, inclusive, 7 to 19, inclusive, 22 to 29, inclusive, 31,
21-20 33 to 47, inclusive, and 49 of this act become effective on October 1, 2001.
21-21 H