(REPRINTED WITH ADOPTED AMENDMENTS)
THIRD REPRINT A.B. 453
Assembly Bill No. 453–Assemblywoman Giunchigliani
March 19, 2001
____________
Referred to Concurrent Committees on Judiciary
and Ways and Means
SUMMARY—Exempts medical use of marijuana from state prosecution 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).
Whereas, Modern medical research, including the report Marijuana and Medicine: Assessing the Science Base that was released by the Institute of Medicine in 1999, indicates that there is a potential therapeutic value of using marijuana for alleviating pain and other symptoms associated with certain chronic or debilitating medical conditions, including, without limitation, cancer, glaucoma, acquired immunodeficiency syndrome, epilepsy and multiple sclerosis; and
Whereas, The State of Nevada has a high incidence of such medical conditions and also has a large and increasing population of senior citizens who may suffer from medical conditions for which the use of marijuana may be useful in managing the pain that results from those conditions; and
Whereas, The people of the State of Nevada recognized the importance of this research and the need to provide the option for those suffering from certain medical conditions to alleviate their pain with the medical use of marijuana, and in the general elections held in 1998 and 2000, voiced their overwhelming support for a constitutional amendment to allow for the medical use of marijuana in this state under certain circumstances; and
Whereas, While the legislature respects the important and difficult decisions the Federal Government faces in exercising the powers delegated to it by the United States Constitution to establish policies and rules that are in the best interest of this nation, the State of Nevada as a sovereign state has the duty to carry out the will of the people of this state and to
regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana; and
Whereas, This state should continue to study the benefits of the medical use of marijuana to develop new ways in which the medical use of marijuana may improve the lives of residents of this state who are suffering from chronic or debilitating conditions, and to include in such a study an examination of all established and approved federal protocols; and
Whereas, Many residents of this state have suffered the negative consequences of abuse of and addiction to marijuana, and it is important for the legislature to ensure that the program established for the distribution and medical use of marijuana is designed in such a manner as not to harm the residents of this state by contributing to the general abuse of and addiction to marijuana; and
Whereas, A majority of the men and women in our penal institutions have been convicted of offenses that involve the unlawful use of drugs, many involving marijuana, and there is a need for revising our statutes concerning persons who unlawfully possess smaller quantities of marijuana based on the premise that the rehabilitation of such users is a more appropriate and economical way to prevent recidivism and to address the problems that result from the abuse of marijuana; and
Whereas, The legislature is strongly committed to evaluating the medical use of marijuana and recognizes the importance of its obligation to review the program for the distribution and medical use of marijuana and any related study conducted by the University of Nevada School of Medicine, to determine whether the program and study are effectively addressing the best interests of the people of the State of Nevada; now, therefore,
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;
2-1 3. Glaucoma;
2-2 4. A medical condition or treatment for a medical condition that
2-3 produces, for a specific patient, one or more of the following:
2-4 (a) Cachexia;
2-5 (b) Persistent muscle spasms, including, without limitation, spasms
2-6 caused by multiple sclerosis;
2-7 (c) Seizures, including, without limitation, seizures caused by
2-8 epilepsy;
2-9 (d) Severe nausea; or
2-10 (e) Severe pain; or
2-11 5. Any other medical condition or treatment for a medical condition
2-12 that is:
2-13 (a) Classified as a chronic or debilitating medical condition by
2-14 regulation of the division; or
2-15 (b) Approved as a chronic or debilitating medical condition pursuant
2-16 to a petition submitted in accordance with section 30 of this act.
2-17 Sec. 7. “Deliver” or “delivery” has the meaning ascribed to it in
2-18 NRS 453.051.
2-19 Sec. 8. “Department” means the state department of agriculture.
2-20 Sec. 9. 1. “Designated primary caregiver” means a person who:
2-21 (a) Is 18 years of age or older;
2-22 (b) Has significant responsibility for managing the well-being of a
2-23 person diagnosed with a chronic or debilitating medical condition; and
2-24 (c) Is designated as such in the manner required pursuant to section
2-25 23 of this act.
2-26 2. The term does not include the attending physician of a person
2-27 diagnosed with a chronic or debilitating medical condition.
2-28 Sec. 10. “Division” means the health division of the department of
2-29 human resources.
2-30 Sec. 11. “Drug paraphernalia” has the meaning ascribed to it in
2-31 NRS 453.554.
2-32 Sec. 12. “Marijuana” has the meaning ascribed to it in
2-33 NRS 453.096.
2-34 Sec. 13. “Medical use of marijuana” means:
2-35 1. The possession, delivery, production or use of marijuana;
2-36 2. The possession, delivery or use of paraphernalia used to
2-37 administer marijuana; or
2-38 3. Any combination of the acts described in subsections 1
2-39 and 2,
2-40 as necessary for the exclusive benefit of a person to mitigate the
2-41 symptoms or effects of his chronic or debilitating medical condition.
2-42 Sec. 13.5. “Production” has the meaning ascribed to it in
2-43 NRS 453.131.
2-44 Sec. 14. “Registry identification card” means a document issued by
2-45 the department or its designee that identifies:
2-46 1. A person who is exempt from state prosecution for engaging in the
2-47 medical use of marijuana; or
2-48 2. The designated primary caregiver, if any, of a person described in
2-49 subsection 1.
3-1 Sec. 14.5. “State prosecution” means prosecution initiated or
3-2 maintained by the State of Nevada or an agency or political subdivision
3-3 of the State of Nevada.
3-4 Sec. 15. 1. “Usable marijuana” means the dried leaves and flowers
3-5 of a plant of the genus Cannabis, and any mixture or preparation
3-6 thereof, that are appropriate for the medical use of marijuana.
3-7 2. The term does not include the seeds, stalks and roots of the plant.
3-8 Sec. 16. “Written documentation” means:
3-9 1. A statement signed by the attending physician of a person
3-10 diagnosed with a chronic or debilitating medical condition; or
3-11 2. Copies of the relevant medical records of a person diagnosed with
3-12 a chronic or debilitating medical condition.
3-13 Sec. 17. 1. Except as otherwise provided in this section and section
3-14 24 of this act, a person who holds a valid registry identification card
3-15 issued to him pursuant to section 20 or 23 of this act is exempt from state
3-16 prosecution for:
3-17 (a) Possession, delivery or production of marijuana;
3-18 (b) Possession or delivery of drug paraphernalia;
3-19 (c) Aiding and abetting another in the possession, delivery or
3-20 production of marijuana;
3-21 (d) Aiding and abetting another in the possession or delivery of drug
3-22 paraphernalia;
3-23 (e) Any combination of the acts described in paragraphs (a) to (d),
3-24 inclusive; and
3-25 (f) Any other criminal offense in which the possession, delivery or
3-26 production of marijuana or the possession or delivery of drug
3-27 paraphernalia is an element.
3-28 2. In addition to the provisions of subsection 1, no person may be
3-29 subject to state prosecution for constructive possession, conspiracy or
3-30 any other criminal offense solely for being in the presence or vicinity of
3-31 the medical use of marijuana in accordance with the provisions of this
3-32 chapter.
3-33 3. The exemption from state prosecution set forth in subsection 1
3-34 applies only to the extent that a person who holds a registry identification
3-35 card issued to him pursuant to paragraph (a) of subsection 1 of section
3-36 20 of this act, and the designated primary caregiver, if any, of such a
3-37 person:
3-38 (a) Engage in or assist in, as applicable, the medical use of marijuana
3-39 in accordance with the provisions of this chapter as justified to mitigate
3-40 the symptoms or effects of the person’s chronic or debilitating medical
3-41 condition; and
3-42 (b) Do not, at any one time, collectively possess, deliver or produce
3-43 more than:
3-44 (1) One ounce of usable marijuana;
3-45 (2) Three mature marijuana plants; and
3-46 (3) Four immature marijuana plants.
3-47 4. If the persons described in subsection 3 possess, deliver or produce
3-48 marijuana in an amount which exceeds the amount described in
3-49 paragraph (b) of that subsection, those persons:
4-1 (a) Are not exempt from state prosecution for possession, delivery or
4-2 production of marijuana.
4-3 (b) May establish an affirmative defense to charges of possession,
4-4 delivery or production of marijuana, or any combination of those acts, in
4-5 the manner set forth in section 25 of this act.
4-6 Sec. 18. (Deleted by amendment.)
4-7 Sec. 19. 1. The department shall establish and maintain a program
4-8 for the issuance of registry identification cards to persons who meet the
4-9 requirements of this section.
4-10 2. Except as otherwise provided in subsections 3 and 5, the
4-11 department or its designee shall issue a registry identification card to a
4-12 person who submits an application on a form prescribed by the
4-13 department accompanied by the following:
4-14 (a) Valid, written documentation from the person’s attending
4-15 physician stating that:
4-16 (1) The person has been diagnosed with a chronic or debilitating
4-17 medical condition;
4-18 (2) The medical use of marijuana may mitigate the symptoms or
4-19 effects of that condition; and
4-20 (3) The attending physician has explained the possible risks and
4-21 benefits of the medical use of marijuana;
4-22 (b) The name, address, telephone number, social security number and
4-23 date of birth of the person;
4-24 (c) The name, address and telephone number of the person’s
4-25 attending physician; and
4-26 (d) If the person elects to designate a primary caregiver at the time of
4-27 application:
4-28 (1) The name, address, telephone number and social security
4-29 number of the designated primary caregiver; and
4-30 (2) A written, signed statement from his attending physician in
4-31 which the attending physician approves of the designation of the primary
4-32 caregiver.
4-33 3. The department or its designee shall issue a registry identification
4-34 card to a person who is under 18 years of age if:
4-35 (a) The person submits the materials required pursuant to subsection
4-36 2; and
4-37 (b) The custodial parent or legal guardian with responsibility for
4-38 health care decisions for the person under 18 years of age signs a written
4-39 statement setting forth that:
4-40 (1) The attending physician of the person under 18 years of age has
4-41 explained to that person and to the custodial parent or legal guardian
4-42 with responsibility for health care decisions for the person under 18
4-43 years of age the possible risks and benefits of the medical use of
4-44 marijuana;
4-45 (2) The custodial parent or legal guardian with responsibility for
4-46 health care decisions for the person under 18 years of age consents to the
4-47 use of marijuana by the person under 18 years of age for medical
4-48 purposes;
5-1 (3) The custodial parent or legal guardian with responsibility for
5-2 health care decisions for the person under 18 years of age agrees to serve
5-3 as the designated primary caregiver for the person under 18 years of
5-4 age; and
5-5 (4) The custodial parent or legal guardian with responsibility for
5-6 health care decisions for the person under 18 years of age agrees to
5-7 control the acquisition of marijuana and the dosage and frequency of use
5-8 by the person under 18 years of age.
5-9 4. The form prescribed by the department to be used by a person
5-10 applying for a registry identification card pursuant to this section must
5-11 be a form that is in quintuplicate. Upon receipt of an application that is
5-12 completed and submitted pursuant to this section, the department shall:
5-13 (a) Record on the application the date on which it was received;
5-14 (b) Retain one copy of the application for the records of the
5-15 department; and
5-16 (c) Distribute the other four copies of the application in the following
5-17 manner:
5-18 (1) One copy to the person who submitted the application;
5-19 (2) One copy to the applicant’s designated primary caregiver,
5-20 if any;
5-21 (3) One copy to the central repository for Nevada records of
5-22 criminal history; and
5-23 (4) One copy to the board of medical examiners.
5-24 The central repository for Nevada records of criminal history shall report
5-25 to the department its findings as to the criminal history, if any, of an
5-26 applicant within 15 days after receiving a copy of an application
5-27 pursuant to subparagraph (3) of paragraph (c). The board of medical
5-28 examiners shall report to the department its findings as to the licensure
5-29 and standing of the applicant’s attending physician within 15 days after
5-30 receiving a copy of an application pursuant to subparagraph (4) of
5-31 paragraph (c).
5-32 5. The department shall verify the information contained in an
5-33 application submitted pursuant to this section and shall approve or deny
5-34 an application within 30 days after receiving the application. The
5-35 department may contact an applicant, his attending physician and
5-36 designated primary caregiver, if any, by telephone to determine that the
5-37 information provided on or accompanying the application is accurate.
5-38 The department may deny an application only on the following grounds:
5-39 (a) The applicant failed to provide the information required pursuant
5-40 to subsections 2 and 3 to:
5-41 (1) Establish his chronic or debilitating medical condition; or
5-42 (2) Document his consultation with an attending physician
5-43 regarding the medical use of marijuana in connection with that
5-44 condition;
5-45 (b) The applicant failed to comply with regulations adopted by the
5-46 department, including, without limitation, the regulations adopted by the
5-47 director pursuant to section 32 of this act;
5-48 (c) The department determines that the information provided by the
5-49 applicant was falsified;
6-1 (d) The department determines that the attending physician of the
6-2 applicant is not licensed to practice medicine in this state or is not in
6-3 good standing, as reported by the board of medical examiners;
6-4 (e) The department determines that the applicant, or his designated
6-5 primary caregiver, if applicable, has been convicted of knowingly or
6-6 intentionally selling a controlled substance;
6-7 (f) The department has prohibited the applicant from obtaining or
6-8 using a registry identification card pursuant to subsection 2 of section 24
6-9 of this act; or
6-10 (g) In the case of a person under 18 years of age, the custodial parent
6-11 or legal guardian with responsibility for health care decisions for the
6-12 person has not signed the written statement required pursuant to
6-13 paragraph (b) of subsection 3.
6-14 6. The decision of the department to deny an application for a
6-15 registry identification card is a final decision for the purposes of judicial
6-16 review. Only the person whose application has been denied or, in the
6-17 case of a person under 18 years of age whose application has been
6-18 denied, the person’s parent or legal guardian, has standing to contest the
6-19 determination of the department. A judicial review authorized pursuant
6-20 to this subsection must be limited to a determination of whether the
6-21 denial was arbitrary, capricious or otherwise characterized by an abuse
6-22 of discretion and must be conducted in accordance with the procedures
6-23 set forth in chapter 233B of NRS for reviewing a final decision of an
6-24 agency.
6-25 7. A person whose application has been denied may not reapply for 6
6-26 months after the date of the denial, unless the department or a court of
6-27 competent jurisdiction authorizes reapplication in a shorter time.
6-28 8. Except as otherwise provided in this subsection, if a person has
6-29 applied for a registry identification card pursuant to this section and the
6-30 department has not yet approved or denied the application, the person,
6-31 and his designated primary caregiver, if any, shall be deemed to hold a
6-32 registry identification card upon the presentation to a law enforcement
6-33 officer of the copy of the application provided to him pursuant to
6-34 subsection 4. A person may not be deemed to hold a registry
6-35 identification card for a period of more than 30 days after the date on
6-36 which the department received the application.
6-37 Sec. 20. 1. If the department approves an application pursuant to
6-38 subsection 5 of section 19 of this act, the department or its designee shall,
6-39 as soon as practicable after the department approves the application:
6-40 (a) Issue a serially numbered registry identification card to the
6-41 applicant; and
6-42 (b) If the applicant has designated a primary caregiver, issue a serially
6-43 numbered registry identification card to the designated primary
6-44 caregiver.
6-45 2. A registry identification card issued pursuant to paragraph (a) of
6-46 subsection 1 must set forth:
6-47 (a) The name, address, photograph and date of birth of the applicant;
6-48 (b) The date of issuance and date of expiration of the registry
6-49 identification card;
7-1 (c) The name and address of the applicant’s designated primary
7-2 caregiver, if any; and
7-3 (d) Any other information prescribed by regulation of the department.
7-4 3. A registry identification card issued pursuant to paragraph (b) of
7-5 subsection 1 must set forth:
7-6 (a) The name, address and photograph of the designated primary
7-7 caregiver;
7-8 (b) The date of issuance and date of expiration of the registry
7-9 identification card;
7-10 (c) The name and address of the applicant for whom the person is the
7-11 designated primary caregiver; and
7-12 (d) Any other information prescribed by regulation of the department.
7-13 4. A registry identification card issued pursuant to this section is
7-14 valid for a period of 1 year and may be renewed in accordance with
7-15 regulations adopted by the department.
7-16 Sec. 21. 1. A person to whom the department or its designee has
7-17 issued a registry identification card pursuant to paragraph (a) of
7-18 subsection 1 of section 20 of this act shall, in accordance with
7-19 regulations adopted by the department:
7-20 (a) Notify the department of any change in his name, address,
7-21 telephone number, attending physician or designated primary caregiver,
7-22 if any; and
7-23 (b) Submit annually to the department:
7-24 (1) Updated written documentation from his attending physician in
7-25 which the attending physician sets forth that:
7-26 (I) The person continues to suffer from a chronic or debilitating
7-27 medical condition;
7-28 (II) The medical use of marijuana may mitigate the symptoms or
7-29 effects of that condition; and
7-30 (III) He has explained to the person the possible risks and
7-31 benefits of the medical use of marijuana; and
7-32 (2) If he elects to designate a primary caregiver for the subsequent
7-33 year and the primary caregiver so designated was not the person’s
7-34 designated primary caregiver during the previous year:
7-35 (I) The name, address, telephone number and social security
7-36 number of the designated primary caregiver; and
7-37 (II) A written, signed statement from his attending physician in
7-38 which the attending physician approves of the designation of the primary
7-39 caregiver.
7-40 2. A person to whom the department or its designee has issued a
7-41 registry identification card pursuant to paragraph (b) of subsection 1 of
7-42 section 20 of this act or pursuant to section 23 of this act shall, in
7-43 accordance with regulations adopted by the department, notify the
7-44 department of any change in his name, address, telephone number or the
7-45 identity of the person for whom he acts as designated primary caregiver.
7-46 3. If a person fails to comply with the provisions of subsection 1 or 2,
7-47 the registry identification card issued to him shall be deemed expired. If
7-48 the registry identification card of a person to whom the department or its
7-49 designee issued the card pursuant to paragraph (a) of subsection 1 of
8-1 section 20 of this act is deemed expired pursuant to this subsection, a
8-2 registry identification card issued to the person’s designated primary
8-3 caregiver, if any, shall also be deemed expired. Upon the deemed
8-4 expiration of a registry identification card pursuant to this subsection:
8-5 (a) The department shall send, by certified mail, return receipt
8-6 requested, notice to the person whose registry identification card has
8-7 been deemed expired, advising the person of the requirements of
8-8 paragraph (b); and
8-9 (b) The person shall return his registry identification card to the
8-10 department within 7 days after receiving the notice sent pursuant to
8-11 paragraph (a).
8-12 Sec. 22. If a person to whom the department or its designee has
8-13 issued a registry identification card pursuant to paragraph (a) of
8-14 subsection 1 of section 20 of this act is diagnosed by his attending
8-15 physician as no longer having a chronic or debilitating medical
8-16 condition, the person and his designated primary caregiver, if any, shall
8-17 return their registry identification cards to the department within 7 days
8-18 after notification of the diagnosis.
8-19 Sec. 23. 1. If a person who applies to the department for a registry
8-20 identification card or to whom the department or its designee has issued
8-21 a registry identification card pursuant to paragraph (a) of subsection 1 of
8-22 section 20 of this act desires to designate a primary caregiver, the person
8-23 must:
8-24 (a) To designate a primary caregiver at the time of application, submit
8-25 to the department the information required pursuant to paragraph (d) of
8-26 subsection 2 of section 19 of this act; or
8-27 (b) To designate a primary caregiver after the department or its
8-28 designee has issued a registry identification card to him, submit to the
8-29 department the information required pursuant to subparagraph (2) of
8-30 paragraph (b) of subsection 1 of section 21 of this act.
8-31 2. A person may have only one designated primary caregiver at any
8-32 one time.
8-33 3. If a person designates a primary caregiver after the time that he
8-34 initially applies for a registry identification card, the department or its
8-35 designee shall, except as otherwise provided in subsection 5 of section 19
8-36 of this act, issue a registry identification card to the designated primary
8-37 caregiver as soon as practicable after receiving the information
8-38 submitted pursuant to paragraph (b) of subsection 1.
8-39 Sec. 24. 1. A person who holds a registry identification card issued
8-40 to him pursuant to section 20 or 23 of this act is not exempt from state
8-41 prosecution for, nor may he establish an affirmative defense to charges
8-42 arising from, any of the following acts:
8-43 (a) Driving, operating or being in actual physical control of a vehicle
8-44 or a vessel under power or sail while under the influence of marijuana.
8-45 (b) Engaging in any other conduct prohibited by NRS 484.379,
8-46 484.3795, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or
8-47 493.130.
8-48 (c) Possessing a firearm in violation of paragraph (b) of subsection 1
8-49 of NRS 202.257.
9-1 (d) Possessing marijuana in violation of NRS 453.336 or possessing
9-2 drug paraphernalia in violation of NRS 453.560 or 453.566, if the
9-3 possession of the marijuana or drug paraphernalia is discovered because
9-4 the person engaged or assisted in the medical use of marijuana in:
9-5 (1) Any public place or in any place open to the public or exposed to
9-6 public view; or
9-7 (2) Any local detention facility, county jail, state prison,
9-8 reformatory or other correctional facility, including, without limitation,
9-9 any facility for the detention of juvenile offenders.
9-10 (e) Delivering marijuana to another person who he knows does not
9-11 lawfully hold a registry identification card issued by the department or its
9-12 designee pursuant to section 20 or 23 of this act.
9-13 (f) Delivering marijuana for consideration to any person, regardless
9-14 of whether the recipient lawfully holds a registry identification card
9-15 issued by the department or its designee pursuant to section 20 or 23 of
9-16 this act.
9-17 2. In addition to any other penalty provided by law, if the department
9-18 determines that a person has willfully violated a provision of this chapter
9-19 or any regulation adopted by the department or division to carry out the
9-20 provisions of this chapter, the department may, at its own discretion,
9-21 prohibit the person from obtaining or using a registry identification card
9-22 for a period of up to 6 months.
9-23 Sec. 25. 1. Except as otherwise provided in this section and section
9-24 24 of this act, it is an affirmative defense to a criminal charge of
9-25 possession, delivery or production of marijuana, or any other criminal
9-26 offense in which possession, delivery or production of marijuana is an
9-27 element, that the person charged with the offense:
9-28 (a) Is a person who:
9-29 (1) Has been diagnosed with a chronic or debilitating medical
9-30 condition within the 12-month period preceding his arrest and has been
9-31 advised by his attending physician that the medical use of marijuana may
9-32 mitigate the symptoms or effects of that chronic or debilitating medical
9-33 condition;
9-34 (2) Is engaged in the medical use of marijuana; and
9-35 (3) Possesses, delivers or produces marijuana only in the amount
9-36 described in paragraph (b) of subsection 3 of section 17 of this act or in
9-37 excess of that amount if the person proves by a preponderance of the
9-38 evidence that the greater amount is medically necessary as determined by
9-39 the person’s attending physician to mitigate the symptoms or effects of
9-40 the person’s chronic or debilitating medical condition; or
9-41 (b) Is a person who:
9-42 (1) Is assisting a person described in paragraph (a) in the medical
9-43 use of marijuana; and
9-44 (2) Possesses, delivers or produces marijuana only in the amount
9-45 described in paragraph (b) of subsection 3 of section 17 of this act or in
9-46 excess of that amount if the person proves by a preponderance of the
9-47 evidence that the greater amount is medically necessary as determined by
9-48 the assisted person’s attending physician to mitigate the symptoms or
9-49 effects of the 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 described in paragraph (b) of subsection 3 of section 17 of this act and
10-13 the person has taken steps to comply substantially with the provisions of
10-14 this 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 engaging in or
10-49 assisting in the medical use of marijuana in accordance with the
11-1 provisions of this chapter, the law enforcement agency shall immediately
11-2 return to that person any usable marijuana, marijuana plants, drug
11-3 paraphernalia or 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 engaging in or assisting in the medical use of marijuana in accordance
11-9 with the provisions of this chapter shall be deemed to be 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 in accordance with 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 and any designee of
11-47 the department shall maintain the confidentiality of and shall not
11-48 disclose:
12-1 (a) The contents of any applications, records or other written
12-2 documentation that the department or its designee creates or receives
12-3 pursuant to the 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 The items of information described in this subsection are confidential,
12-9 not subject to subpoena or discovery and not subject to inspection by the
12-10 general public.
12-11 2. Notwithstanding the provisions of subsection 1, the department or
12-12 its designee may release the name and other identifying information of a
12-13 person to whom the department or its designee has issued a registry
12-14 identification card to:
12-15 (a) Authorized employees of the department or its designee as
12-16 necessary to perform official duties of the department; and
12-17 (b) Authorized employees of state and local law enforcement agencies,
12-18 only as necessary to verify that a person is the lawful holder of a registry
12-19 identification card issued to him pursuant to section 20 or 23 of this act.
12-20 Sec. 30. 1. A person may submit to the division a petition
12-21 requesting that a particular disease or condition be included among the
12-22 diseases and conditions that qualify as chronic or debilitating medical
12-23 conditions pursuant to section 6 of this act.
12-24 2. The division shall adopt regulations setting forth the manner in
12-25 which the division will accept and evaluate petitions submitted pursuant
12-26 to this section. The regulations must provide, without limitation, that:
12-27 (a) The division will approve or deny a petition within 180 days after
12-28 the division receives the petition;
12-29 (b) If the division approves a petition, the division will, as soon as
12-30 practicable thereafter, transmit to the department information
12-31 concerning the disease or condition that the division has approved; and
12-32 (c) The decision of the division to deny a petition is a final decision for
12-33 the purposes of judicial review.
12-34 Sec. 30.1. 1. The University of Nevada School of Medicine shall
12-35 establish a program for the evaluation and research of the medical use of
12-36 marijuana in the care and treatment of persons who have been diagnosed
12-37 with a chronic or debilitating medical condition.
12-38 2. Before the School of Medicine establishes a program pursuant to
12-39 subsection 1, the School of Medicine shall aggressively seek and must
12-40 receive approval of the program by the Federal Government pursuant to
12-41 21 U.S.C. § 823 or other applicable provisions of federal law, to allow the
12-42 creation of a federally approved research program for the use and
12-43 distribution of marijuana for medical purposes.
12-44 3. A research program established pursuant to this section must
12-45 include residents of this state who volunteer to act as participants and
12-46 subjects, as determined by the School of Medicine.
12-47 4. A resident of this state who wishes to serve as a participant and
12-48 subject in a research program established pursuant to this section may
12-49 notify the School of Medicine and may apply to participate by submitting
13-1 an application on a form prescribed by the department of administration
13-2 of the School of Medicine.
13-3 5. The School of Medicine shall, on a quarterly basis, report to the
13-4 interim finance committee with respect to:
13-5 (a) The progress made by the School of Medicine in obtaining federal
13-6 approval for the research program; and
13-7 (b) If the research program receives federal approval, the status of,
13-8 activities of and information received from the research program.
13-9 Sec. 30.2. 1. Except as otherwise provided in this section, the
13-10 University of Nevada School of Medicine shall maintain the
13-11 confidentiality of and shall not disclose:
13-12 (a) The contents of any applications, records or other written
13-13 materials that the School of Medicine creates or receives pursuant to the
13-14 research program described in section 30.1 of this act; or
13-15 (b) The name or any other identifying information of a person who
13-16 has applied to or who participates in the research program described in
13-17 section 30.1 of this act.
13-18 The items of information described in this subsection are confidential,
13-19 not subject to subpoena or discovery and not subject to inspection by the
13-20 general public.
13-21 2. Notwithstanding the provisions of subsection 1, the School of
13-22 Medicine may release the name and other identifying information of a
13-23 person who has applied to or who participates in the research program
13-24 described in section 30.1 to:
13-25 (a) Authorized employees of the State of Nevada as necessary to
13-26 perform official duties related to the research program; and
13-27 (b) Authorized employees of state and local law enforcement agencies,
13-28 only as necessary to verify that a person is a lawful participant in the
13-29 research program.
13-30 Sec. 30.3. 1. The department of administration of the University of
13-31 Nevada School of Medicine may apply for or accept any gifts, grants,
13-32 donations or contributions from any source to carry out the provisions of
13-33 section 30.1 of this act.
13-34 2. Any money the department of administration receives pursuant to
13-35 subsection 1 must be deposited in the state treasury pursuant to section
13-36 30.4 of this act.
13-37 Sec. 30.4. 1. Any money the department of administration of the
13-38 University of Nevada School of Medicine receives pursuant to section
13-39 30.3 of this act or that is appropriated to carry out the provisions of
13-40 section 30.1 of this act:
13-41 (a) Must be deposited in the state treasury and accounted for
13-42 separately in the state general fund;
13-43 (b) May only be used to carry out the provisions of section 30.1 of this
13-44 act, including the dissemination of information concerning the
13-45 provisions of that section and such other information as is determined
13-46 appropriate by the department of administration; and
13-47 (c) Does not revert to the state general fund at the end of any fiscal
13-48 year.
14-1 2. The department of administration of the School of Medicine shall
14-2 administer the account. Any interest or income earned on the money in
14-3 the account must be credited to the account. Any claims against the
14-4 account must be paid as other claims against the state are paid.
14-5 Sec. 30.5. The department shall vigorously pursue the approval of
14-6 the Federal Government to establish:
14-7 1. A bank or repository of seeds that may be used to grow marijuana
14-8 by persons who use marijuana in accordance with the provisions of
14-9 sections 2 to 33, inclusive, of this act.
14-10 2. A program pursuant to which the department may produce and
14-11 deliver marijuana to persons who use marijuana in accordance with the
14-12 provisions of sections 2 to 33, inclusive, of this act.
14-13 Sec. 31. The provisions of this chapter do not:
14-14 1. Require an insurer, organization for managed care or any person
14-15 or entity who provides coverage for a medical or health care service to
14-16 pay for or reimburse a person for costs associated with the medical use of
14-17 marijuana.
14-18 2. Require any employer to accommodate the medical use of
14-19 marijuana in the workplace.
14-20 Sec. 31.3. 1. The director of the department may apply for or
14-21 accept any gifts, grants, donations or contributions from any source to
14-22 carry out the provisions of this chapter.
14-23 2. Any money the director receives pursuant to subsection 1 must be
14-24 deposited in the state treasury pursuant to section 31.7 of this act.
14-25 Sec. 31.7. 1. Any money the director of the department receives
14-26 pursuant to section 31.3 of this act or that is appropriated to carry out the
14-27 provisions of this chapter:
14-28 (a) Must be deposited in the state treasury and accounted for
14-29 separately in the state general fund;
14-30 (b) May only be used to carry out the provisions of this chapter,
14-31 including the dissemination of information concerning the provisions of
14-32 sections 2 to 33, inclusive, of this act and such other information as
14-33 determined appropriate by the director; and
14-34 (c) Does not revert to the state general fund at the end of any fiscal
14-35 year.
14-36 2. The director of the department shall administer the account. Any
14-37 interest or income earned on the money in the account must be credited
14-38 to the account. Any claims against the account must be paid as other
14-39 claims against the state are paid.
14-40 Sec. 32. The director of the department shall adopt such regulations
14-41 as the director determines are necessary to carry out the provisions of
14-42 this chapter. The regulations must set forth, without limitation:
14-43 1. Procedures pursuant to which the state department of agriculture
14-44 will, in cooperation with the department of motor vehicles and public
14-45 safety, cause a registry identification card to be prepared and issued to a
14-46 qualified person as a type of identification card described in NRS
14-47 483.810 to 483.890, inclusive. The procedures described in this
14-48 subsection must provide that the state department of agriculture will:
15-1 (a) Issue a registry identification card to a qualified person after the
15-2 card has been prepared by the department of motor vehicles and public
15-3 safety; or
15-4 (b) Designate the department of motor vehicles and public safety to
15-5 issue a registry identification card to a person if:
15-6 (1) The person presents to the department of motor vehicles and
15-7 public safety valid documentation issued by the state department of
15-8 agriculture indicating that the state department of agriculture has
15-9 approved the issuance of a registry identification card to the person; and
15-10 (2) The department of motor vehicles and public safety, before
15-11 issuing the registry identification card, confirms by telephone or other
15-12 reliable means that the state department of agriculture has approved the
15-13 issuance of a registry identification card to the person.
15-14 2. Criteria for determining whether a marijuana plant is a mature
15-15 marijuana plant or an immature marijuana plant.
15-16 Sec. 33. The state must not be held responsible for any deleterious
15-17 outcomes from the medical use of marijuana by any person.
15-18 Sec. 34. Chapter 453 of NRS is hereby amended by adding thereto the
15-19 provisions set forth as sections 35 and 36 of this act.
15-20 Sec. 35. The provisions of this chapter do not apply to the extent that
15-21 they are inconsistent with the provisions of sections 2 to 33, inclusive, of
15-22 this act.
15-23 Sec. 36. 1. A local authority may enact an ordinance adopting the
15-24 penalties set forth for misdemeanors in NRS 453.336 for similar offenses
15-25 under a local ordinance. The ordinance must set forth the manner in
15-26 which money collected from fines imposed by a court for a violation of
15-27 the ordinance must be disbursed in accordance with subsection 2.
15-28 2. Money collected from fines imposed by a court for a violation of
15-29 an ordinance enacted pursuant to subsection 1 must be evenly allocated
15-30 among:
15-31 (a) Nonprofit programs for the treatment of abuse of alcohol or drugs
15-32 that are certified by the bureau of alcohol and drug abuse in the
15-33 department;
15-34 (b) A program of treatment and rehabilitation established by a court
15-35 pursuant to NRS 453.580, if any; and
15-36 (c) Local law enforcement agencies,
15-37 in a manner determined by the court.
15-38 3. As used in this section, “local authority” means the governing
15-39 board of a county, city or other political subdivision having authority to
15-40 enact ordinances.
15-41 Sec. 37. NRS 453.336 is hereby amended to read as follows:
15-42 453.336 1. A person shall not knowingly or intentionally possess a
15-43 controlled substance, unless the substance was obtained directly from, or
15-44 pursuant to, a prescription or order of a physician, osteopathic physician’s
15-45 assistant, physician assistant, dentist, podiatric physician, optometrist,
15-46 advanced practitioner of nursing or veterinarian while acting in the course
15-47 of his professional practice, or except as otherwise authorized by the
15-48 provisions of NRS 453.011 to 453.552, inclusive[.] , and sections 35 and
15-49 36 of this act.
16-1 2. Except as otherwise provided in subsections 3 [, 4 and 5] and 4 and
16-2 in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160,
16-3 453.3385, 453.339 or 453.3395, a person who violates this section shall be
16-4 punished:
16-5 (a) For the first or second offense, if the controlled substance is listed in
16-6 schedule I, II, III or IV, for a category E felony as provided in
16-7 NRS 193.130.
16-8 (b) For a third or subsequent offense, if the controlled substance is listed
16-9 in schedule I, II, III or IV, or if the offender has previously been convicted
16-10 two or more times in the aggregate of any violation of the law of the
16-11 United States or of any state, territory or district relating to a controlled
16-12 substance, for a category D felony as provided in NRS 193.130, and may
16-13 be further punished by a fine of not more than $20,000.
16-14 (c) For the first offense, if the controlled substance is listed in schedule
16-15 V, for a category E felony as provided in NRS 193.130.
16-16 (d) For a second or subsequent offense, if the controlled substance is
16-17 listed in schedule V, for a category D felony as provided in NRS 193.130.
16-18 3. Unless a greater penalty is provided in NRS 212.160, 453.337 or
16-19 453.3385, a person who is convicted of the possession of flunitrazepam or
16-20 gamma-hydroxybutyrate, or any substance for which flunitrazepam or
16-21 gamma-hydroxybutyrate is an immediate precursor, is guilty of a category
16-22 B felony and shall be punished by imprisonment in the state prison for a
16-23 minimum term of not less than 1 year and a maximum term of not more
16-24 than 6 years.
16-25 4. [Unless a greater penalty is provided in NRS 212.160, a person who
16-26 is less than 21 years of age and is convicted of the possession of less than 1
16-27 ounce of marijuana:
16-28 (a) For the first and second offense, is guilty of a category E felony and
16-29 shall be punished as provided in NRS 193.130.
16-30 (b) For a third or subsequent offense, is guilty of a category D felony
16-31 and shall be punished as provided in NRS 193.130, and may be further
16-32 punished by a fine of not more than $20,000.
16-33 5. Before sentencing under the provisions of subsection 4 for a first
16-34 offense, the court shall require the parole and probation officer to submit a
16-35 presentencing report on the person convicted in accordance with the
16-36 provisions of NRS 176A.200. After the report is received but before
16-37 sentence is pronounced the court shall:
16-38 (a) Interview the person convicted and make a determination as to the
16-39 possibility of his rehabilitation; and
16-40 (b) Conduct a hearing at which evidence may be presented as to the
16-41 possibility of rehabilitation and any other relevant information.
16-42 6.] Unless a greater penalty is provided pursuant to NRS 212.160, a
16-43 person who is convicted of the possession of 1 ounce or less of
16-44 marijuana:
16-45 (a) For the first offense, is guilty of a misdemeanor and shall be:
16-46 (1) Punished by a fine of not more than $600; or
16-47 (2) Examined by an approved facility for the treatment of abuse of
16-48 drugs to determine whether he is a drug addict and is likely to be
16-49 rehabilitated through treatment and, if the examination reveals that he is
17-1 a drug addict and is likely to be rehabilitated through treatment, assigned
17-2 to a program of treatment and rehabilitation pursuant to NRS 453.580.
17-3 (b) For the second offense, is guilty of a misdemeanor and shall be:
17-4 (1) Punished by a fine of not more than $1,000; or
17-5 (2) Assigned to a program of treatment and rehabilitation pursuant
17-6 to NRS 453.580.
17-7 (c) For the third offense, is guilty of a gross misdemeanor and shall be
17-8 punished as provided in NRS 193.140.
17-9 (d) For a fourth or subsequent offense, is guilty of a category E felony
17-10 and shall be punished as provided in NRS 193.130.
17-11 5. As used in this section, “controlled substance” includes
17-12 flunitrazepam, gamma-hydroxybutyrate and each substance for which
17-13 flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
17-14 Sec. 38. NRS 453.3363 is hereby amended to read as follows:
17-15 453.3363 1. If a person who has not previously been convicted of
17-16 any offense pursuant to NRS 453.011 to 453.552, inclusive, and sections 2
17-17 to 12, inclusive, of Senate Bill No. 397 of this [act]session or pursuant to
17-18 any statute of the United States or of any state relating to narcotic drugs,
17-19 marijuana, or stimulant, depressant or hallucinogenic substances tenders a
17-20 plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a
17-21 charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or
17-22 454.351, or is found guilty of one of those charges, the court, without
17-23 entering a judgment of conviction and with the consent of the accused, may
17-24 suspend further proceedings and place him on probation upon terms and
17-25 conditions that must include attendance and successful completion of an
17-26 educational program or, in the case of a person dependent upon drugs, of a
17-27 program of treatment and rehabilitation pursuant to NRS 453.580.
17-28 2. Upon violation of a term or condition, the court may enter a
17-29 judgment of conviction and proceed as provided in the section pursuant to
17-30 which the accused was charged. Notwithstanding the provisions of
17-31 paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or
17-32 condition, the court may order the person to the custody of the department
17-33 of prisons.
17-34 3. Upon fulfillment of the terms and conditions, the court shall
17-35 discharge the accused and dismiss the proceedings against him. A
17-36 nonpublic record of the dismissal must be transmitted to and retained by
17-37 the division of parole and probation of the department of motor vehicles
17-38 and public safety solely for the use of the courts in determining whether, in
17-39 later proceedings, the person qualifies under this section.
17-40 4. Except as otherwise provided in subsection 5, discharge and
17-41 dismissal under this section is without adjudication of guilt and is not a
17-42 conviction for purposes of this section or for purposes of employment, civil
17-43 rights or any statute or regulation or license or questionnaire or for any
17-44 other public or private purpose, but is a conviction for the purpose of
17-45 additional penalties imposed for second or subsequent convictions or the
17-46 setting of bail. Discharge and dismissal restores the person discharged, in
17-47 the contemplation of the law, to the status occupied before the arrest,
17-48 indictment or information. He may not be held thereafter under any law to
17-49 be guilty of perjury or otherwise giving a false statement by reason of
18-1 failure to recite or acknowledge that arrest, indictment, information or trial
18-2 in response to an inquiry made of him for any purpose. Discharge and
18-3 dismissal under this section may occur only once with respect to any
18-4 person.
18-5 5. A professional licensing board may consider a proceeding under this
18-6 section in determining suitability for a license or liability to discipline for
18-7 misconduct. Such a board is entitled for those purposes to a truthful answer
18-8 from the applicant or licensee concerning any such proceeding with respect
18-9 to him.
18-10 Sec. 39. NRS 453.401 is hereby amended to read as follows:
18-11 453.401 1. Except as otherwise provided in subsections 3 and 4, if
18-12 two or more persons conspire to commit an offense which is a felony under
18-13 the Uniform Controlled Substances Act or conspire to defraud the State of
18-14 Nevada or an agency of the state in connection with its enforcement of the
18-15 Uniform Controlled Substances Act, and one of the conspirators does an
18-16 act in furtherance of the conspiracy, each conspirator:
18-17 (a) For a first offense, is guilty of a category C felony and shall be
18-18 punished as provided in NRS 193.130.
18-19 (b) For a second offense, or if, in the case of a first conviction of
18-20 violating this subsection, the conspirator has previously been convicted of
18-21 a felony under the Uniform Controlled Substances Act or of an offense
18-22 under the laws of the United States or of any state, territory or district
18-23 which if committed in this state, would amount to a felony under the
18-24 Uniform Controlled Substances Act, is guilty of a category B felony and
18-25 shall be punished by imprisonment in the state prison for a minimum term
18-26 of not less than 2 years and a maximum term of not more than 10 years,
18-27 and may be further punished by a fine of not more than $10,000.
18-28 (c) For a third or subsequent offense, or if the conspirator has
18-29 previously been convicted two or more times of a felony under the
18-30 Uniform Controlled Substances Act or of an offense under the laws of the
18-31 United States or any state, territory or district which, if committed in this
18-32 state, would amount to a felony under the Uniform Controlled Substances
18-33 Act, is guilty of a category B felony and shall be punished by
18-34 imprisonment in the state prison for a minimum term of not less than 3
18-35 years and a maximum term of not more than 15 years, and may be further
18-36 punished by a fine of not more than $20,000 for each offense.
18-37 2. Except as otherwise provided in subsection 3, if two or more
18-38 persons conspire to commit an offense in violation of the Uniform
18-39 Controlled Substances Act and the offense does not constitute a felony, and
18-40 one of the conspirators does an act in furtherance of the conspiracy, each
18-41 conspirator shall be punished by imprisonment, or by imprisonment and
18-42 fine, for not more than the maximum punishment provided for the offense
18-43 which they conspired to commit.
18-44 3. If two or more persons conspire to possess more than 1 ounce of
18-45 marijuana unlawfully, except for the purpose of sale, and one of the
18-46 conspirators does an act in furtherance of the conspiracy, each conspirator
18-47 is guilty of a gross misdemeanor.
19-1 4. If the conspiracy subjects the conspirators to criminal liability under
19-2 NRS 207.400, the persons so conspiring shall be punished in the manner
19-3 provided in NRS 207.400.
19-4 5. The court shall not grant probation to or suspend the sentence of a
19-5 person convicted of violating this section and punishable pursuant to
19-6 paragraph (b) or (c) of subsection 1.
19-7 Sec. 40. NRS 453.580 is hereby amended to read as follows:
19-8 453.580 1. A court may establish an appropriate treatment program
19-9 to which it may assign a person pursuant to subsection 4 of NRS 453.336,
19-10 NRS 453.3363 or 458.300 or it may assign such a person to an appropriate
19-11 facility for the treatment of abuse of alcohol or drugs which is certified by
19-12 the health division of the department of human resources. The assignment
19-13 must include the terms and conditions for successful completion of the
19-14 program and provide for progress reports at intervals set by the court to
19-15 ensure that the person is making satisfactory progress towards completion
19-16 of the program.
19-17 2. A program to which a court assigns a person pursuant to subsection
19-18 1 must include:
19-19 (a) Information and encouragement for the participant to cease abusing
19-20 alcohol or using controlled substances through educational, counseling and
19-21 support sessions developed with the cooperation of various community,
19-22 health, substance abuse, religious, social service and youth organizations;
19-23 (b) The opportunity for the participant to understand the medical,
19-24 psychological and social implications of substance abuse; and
19-25 (c) Alternate courses within the program based on the different
19-26 substances abused and the addictions of participants.
19-27 3. If the offense with which the person was charged involved the use
19-28 or possession of a controlled substance, in addition to the program or as a
19-29 part of the program the court must also require frequent urinalysis to
19-30 determine that the person is not using a controlled substance. The court
19-31 shall specify how frequent such examinations must be and how many must
19-32 be successfully completed, independently of other requisites for successful
19-33 completion of the program.
19-34 4. Before the court assigns a person to a program pursuant to this
19-35 section, the person must agree to pay the cost of the program to which he is
19-36 assigned and the cost of any additional supervision required pursuant to
19-37 subsection 3, to the extent of his financial resources. If the person does not
19-38 have the financial resources to pay all of the related costs, the court shall,
19-39 to the extent practicable, arrange for the person to be assigned to a program
19-40 at a facility that receives a sufficient amount of federal or state funding to
19-41 offset the remainder of the costs.
19-42 Sec. 41. NRS 455B.080 is hereby amended to read as follows:
19-43 455B.080 1. A passenger shall not embark on an amusement ride
19-44 while intoxicated or under the influence of a controlled substance, unless in
19-45 accordance with [a] :
19-46 (a) Aprescription lawfully issued to the person[.] ; or
19-47 (b) The provisions of sections 2 to 33, inclusive, of this act.
19-48 2. An authorized agent or employee of an operator may prohibit a
19-49 passenger from boarding an amusement ride if he reasonably believes that
20-1 the passenger is under the influence of alcohol, prescription drugs or a
20-2 controlled substance. An agent or employee of an operator is not civilly or
20-3 criminally liable for prohibiting a passenger from boarding an amusement
20-4 ride pursuant to this subsection.
20-5 Sec. 42. NRS 52.395 is hereby amended to read as follows:
20-6 52.395 Except as otherwise provided in section 26 of this act:
20-7 1. When any substance alleged to be a controlled substance, dangerous
20-8 drug or immediate precursor is seized from a defendant by a peace officer,
20-9 the law enforcement agency of which the officer is a member may, with the
20-10 prior approval of the prosecuting attorney, petition the district court in the
20-11 county in which the defendant is charged to secure permission to destroy a
20-12 part of the substance.
20-13 2. Upon receipt of a petition filed pursuant to subsection 1, the district
20-14 court shall order the substance to be accurately weighed and the weight
20-15 thereof accurately recorded. The prosecuting attorney or his representative
20-16 and the defendant or his representative must be allowed to inspect and
20-17 weigh the substance.
20-18 3. If after completion of the weighing process the defendant does not
20-19 knowingly and voluntarily stipulate to the weight of the substance, the
20-20 district court shall hold a hearing to make a judicial determination of the
20-21 weight of the substance. The defendant, his attorney and any other witness
20-22 the defendant may designate may be present and testify at the hearing.
20-23 4. After a determination has been made as to the weight of the
20-24 substance, the district court may order all of the substance destroyed except
20-25 that amount which is reasonably necessary to enable each interested party
20-26 to analyze the substance to determine the composition of the substance.
20-27 The district court shall order the remaining sample to be sealed and
20-28 maintained for analysis before trial.
20-29 5. If the substance is finally determined not to be a controlled
20-30 substance, dangerous drug or immediate precursor, unless the substance
20-31 was destroyed pursuant to subsection 7, the owner may file a claim against
20-32 the county to recover the reasonable value of the property destroyed
20-33 pursuant to this section.
20-34 6. The district court’s finding as to the weight of a substance destroyed
20-35 pursuant to this section is admissible in any subsequent proceeding arising
20-36 out of the same transaction.
20-37 7. If at the time that a peace officer seizes from a defendant a
20-38 substance believed to be a controlled substance, dangerous drug or
20-39 immediate precursor, the peace officer discovers any material or substance
20-40 that he reasonably believes is hazardous waste, the peace officer may
20-41 appropriately dispose of the material or substance without securing the
20-42 permission of a court.
20-43 8. As used in this section:
20-44 (a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.
20-45 (b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430.
20-46 (c) “Immediate precursor” has the meaning ascribed to it in
20-47 NRS 453.086.
20-48 Sec. 43. (Deleted by amendment.)
21-1 Sec. 44. NRS 159.061 is hereby amended to read as follows:
21-2 159.061 1. The parents of a minor, or either parent, if qualified and
21-3 suitable, are preferred over all others for appointment as guardian for the
21-4 minor. In determining whether the parents of a minor, or either parent, is
21-5 qualified and suitable, the court shall consider, without limitation:
21-6 (a) Which parent has physical custody of the minor;
21-7 (b) The ability of the parents or parent to provide for the basic needs of
21-8 the child, including, without limitation, food, shelter, clothing and medical
21-9 care;
21-10 (c) Whether the parents or parent has engaged in the habitual use of
21-11 alcohol or any controlled substance during the previous 6 months[;] ,
21-12 except the use of marijuana in accordance with the provisions of sections
21-13 2 to 33, inclusive, of this act; and
21-14 (d) Whether the parents or parent has been convicted of a crime of
21-15 moral turpitude, a crime involving domestic violence or a crime involving
21-16 the exploitation of a child.
21-17 2. Subject to the preference set forth in subsection 1, the court shall
21-18 appoint as guardian for an incompetent, a person of limited capacity or
21-19 minor the qualified person who is most suitable and is willing to serve.
21-20 3. In determining who is most suitable, the court shall give
21-21 consideration, among other factors, to:
21-22 (a) Any request for the appointment as guardian for an incompetent
21-23 contained in a written instrument executed by the incompetent while
21-24 competent.
21-25 (b) Any nomination of a guardian for an incompetent, minor or person
21-26 of limited capacity contained in a will or other written instrument executed
21-27 by a parent or spouse of the proposed ward.
21-28 (c) Any request for the appointment as guardian for a minor 14 years of
21-29 age or older made by the minor.
21-30 (d) The relationship by blood or marriage of the proposed guardian to
21-31 the proposed ward.
21-32 (e) Any recommendation made by a special master pursuant to
21-33 NRS 159.0615.
21-34 Sec. 45. NRS 213.123 is hereby amended to read as follows:
21-35 213.123 1. Upon the granting of parole to a prisoner, the board may,
21-36 when the circumstances warrant, require as a condition of parole that the
21-37 parolee submit to periodic tests to determine whether the parolee is using
21-38 any controlled substance. Any such use , except the use of marijuana in
21-39 accordance with the provisions of sections 2 to 33, inclusive, of this act,
21-40 or any failure or refusal to submit to a test is a ground for revocation of
21-41 parole.
21-42 2. Any expense incurred as a result of any test is a charge against the
21-43 division.
21-44 Sec. 46. NRS 616C.230 is hereby amended to read as follows:
21-45 616C.230 1. Compensation is not payable pursuant to the provisions
21-46 of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:
21-47 (a) Caused by the employee’s willful intention to injure himself.
21-48 (b) Caused by the employee’s willful intention to injure another.
22-1 (c) Proximately caused by the employee’s intoxication. If the employee
22-2 was intoxicated at the time of his injury, intoxication must be presumed to
22-3 be a proximate cause unless rebutted by evidence to the contrary.
22-4 (d) Proximately caused by the employee’s use of a controlled substance.
22-5 If the employee had any amount of a controlled substance in his system at
22-6 the time of his injury for which the employee did not have a current and
22-7 lawful prescription issued in his name [,]or that he was not using in
22-8 accordance with the provisions of sections 2 to 33, inclusive, of this act,
22-9 the controlled substance must be presumed to be a proximate cause unless
22-10 rebutted by evidence to the contrary.
22-11 2. For the purposes of paragraphs (c) and (d) of subsection 1:
22-12 (a) The affidavit or declaration of an expert or other person described in
22-13 NRS 50.315 is admissible to prove the existence of any alcohol or the
22-14 existence, quantity or identity of a controlled substance in an employee’s
22-15 system. If the affidavit or declaration is to be so used, it must be submitted
22-16 in the manner prescribed in NRS 616C.355.
22-17 (b) When an examination requested or ordered includes testing for the
22-18 use of alcohol or a controlled substance, the laboratory that conducts the
22-19 testing must be licensed pursuant to the provisions of chapter 652 of NRS.
22-20 3. No compensation is payable for the death, disability or treatment of
22-21 an employee if his death is caused by, or insofar as his disability is
22-22 aggravated, caused or continued by, an unreasonable refusal or neglect to
22-23 submit to or to follow any competent and reasonable surgical treatment or
22-24 medical aid.
22-25 4. If any employee persists in an unsanitary or injurious practice that
22-26 imperils or retards his recovery, or refuses to submit to such medical or
22-27 surgical treatment as is necessary to promote his recovery, his
22-28 compensation may be reduced or suspended.
22-29 5. An injured employee’s compensation, other than accident benefits,
22-30 must be suspended if:
22-31 (a) A physician or chiropractor determines that the employee is unable
22-32 to undergo treatment, testing or examination for the industrial injury solely
22-33 because of a condition or injury that did not arise out of and in the course
22-34 of his employment; and
22-35 (b) It is within the ability of the employee to correct the nonindustrial
22-36 condition or injury.
22-37 The compensation must be suspended until the injured employee is able to
22-38 resume treatment, testing or examination for the industrial injury. The
22-39 insurer may elect to pay for the treatment of the nonindustrial condition or
22-40 injury.
22-41 Sec. 47. NRS 630.3066 is hereby amended to read as follows:
22-42 630.3066 A physician is not subject to disciplinary action solely for
22-43 [prescribing] :
22-44 1. Prescribing or administering to a patient under his care a controlled
22-45 substance which is listed in schedule II, III, IV or V by the state board of
22-46 pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully
22-47 prescribed or administered for the treatment of intractable pain in
22-48 accordance with regulations adopted by the board.
23-1 2. Engaging in any activity in accordance with the provisions of
23-2 sections 2 to 33, inclusive, of this act.
23-3 Sec. 48. (Deleted by amendment.)
23-4 Sec. 48.5. 1. The 72nd session of the Nevada legislature shall
23-5 review statistics provided by the legislative counsel bureau with respect to:
23-6 (a) Whether persons exempt from state prosecution pursuant to section
23-7 17 of this act have been subject to federal prosecution for carrying out the
23-8 activities concerning which they are exempt from state prosecution
23-9 pursuant to that section;
23-10 (b) The number of persons who participate in the medical use of
23-11 marijuana in accordance with the provisions of sections 2 to 33, inclusive,
23-12 of this act; and
23-13 (c) The number of persons who are arrested and convicted for drug
23-14 related offenses within the State of Nevada, to enable appropriations for
23-15 budgets to be established at levels to provide adequate and appropriate
23-16 drug treatment within this state.
23-17 2. If, after conducting the review described in subsection 1, the 72nd
23-18 session of the Nevada legislature determines that the medical use of
23-19 marijuana in accordance with the provisions of sections 2 to 33, inclusive,
23-20 of this act is not in the best interests of the residents of this state, the
23-21 legislature shall revise those provisions as it deems appropriate.
23-22 Sec. 49. The amendatory provisions of this act do not apply to
23-23 offenses committed before October 1, 2001.
23-24 Sec. 50. 1. This section becomes effective upon passage and
23-25 approval.
23-26 2. Sections 6, 20, 21, 30 and 32 of this act become effective upon
23-27 passage and approval for the purpose of adopting regulations and on
23-28 October 1, 2001, for all other purposes.
23-29 3. Sections 1 to 5, inclusive, 7 to 19, inclusive, 22 to 29, inclusive,
23-30 30.1 to 30.5, inclusive, 31, 31.3, 31.7, 33 to 36, inclusive, 38 to 47,
23-31 inclusive, 48.5 and 49 of this act become effective on October 1, 2001.
23-32 4. Section 37 of this act becomes effective at 12:01 a.m. on October 1,
23-33 2001.
23-34 H