2001 REGULAR SESSION (71st)                                                                            A AB453 351

Amendment No. 351

 

 

 

 

     Amend sec. 13, page 2, by deleting lines 31 through 34 and inserting:

     “Sec. 13. “Medical use of marijuana” means:

     1.  The possession, delivery, production or use of marijuana;

     2.  The possession, delivery or use of paraphernalia used to administer marijuana; or

     3.  Any combination of the acts described in subsections 1 and 2,

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as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his chronic or debilitating medical condition.”.

     Amend the bill as a whole by adding a new section designated sec. 13.5, following sec. 13, to read as follows:

     “Sec. 13.5. “Production” has the meaning ascribed to it in NRS 453.131.”.

     Amend sec. 14, page 2, line 36, after “department” by inserting:

“or its designee”.

     Amend sec. 17, page 3, by deleting lines 6 through 10 and inserting:

     “(a) Possession, delivery or production of marijuana;

     (b) Possession or delivery of drug paraphernalia;

     (c) Aiding and abetting another in the possession, delivery or production of marijuana;

     (d) Aiding and abetting another in the possession or delivery of drug paraphernalia;

     (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

     (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia is an element,”.

     Amend sec. 18, page 3, by deleting lines 25 through 33 and inserting:

“the designated primary caregiver of such a person, if any, may not, at any one time, collectively possess, deliver or produce more than:

     (a) One ounce of usable marijuana;

     (b) Three mature marijuana plants; and

     (c) Four immature marijuana plants.

     2.  If the persons described in subsection 1 possess, deliver or produce marijuana in an amount which exceeds the amount allowed pursuant to that subsection, those persons:

     (a) Are not exempt from state prosecution for possession, delivery or production of marijuana.

     (b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in section 25 of this act.”.

     Amend sec. 19, page 3, by deleting lines 38 through 40 and inserting:

“department or its designee shall issue a registry identification card to a person who submits an application on a form prescribed by the department”.

     Amend sec. 19, page 4, line 1, by deleting “photograph,”.

     Amend sec. 19, page 4, line 7, by deleting “, photograph”.

     Amend sec. 19, page 4, by deleting lines 12 through 17 and inserting:

     “3.  The department or its designee shall issue a registry identification card to a person who is under 18 years of age if:

     (a) The person submits the materials required”.

     Amend sec. 19, page 5, between lines 5 and 6, by inserting:

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“The central repository for Nevada records of criminal history shall report to the department its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The board of medical examiners shall report to the department its findings as to the licensure and standing of the applicant’s attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).”.

     Amend sec. 20, page 6, by deleting lines 14 and 15 and inserting:

“subsection 5 of section 19 of this act, the department or its designee shall, as soon as practicable after the department approves the application:”.

     Amend sec. 21, page 6, line 41, after “department” by inserting:

“or its designee”.

     Amend sec. 21, page 7, line 8, after “marijuana;” by inserting “and”.

     Amend sec. 21, page 7, line 12, by deleting “, photograph”.

     Amend sec. 21, page 7, by deleting lines 16 through 29 and inserting:

“caregiver.

     2.  A person to whom the department or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of section 20 of this act or pursuant to section 23 of this act shall, in accordance with regulations adopted by the department, notify the department of any change in his name, address, telephone number or the identity of the person for whom he acts as designated primary caregiver.”.

     Amend sec. 21, page 7, line 33, before “issued” by inserting:

“or its designee”.

     Amend sec. 21, page 7, line 36, after “expired.” by inserting:

“Upon the deemed expiration of a registry identification card pursuant to this subsection:

     (a) The department shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been deemed expired, advising the person of the requirements of paragraph (b); and

     (b) The person shall return his registry identification card to the department within 7 days after receiving the notice sent pursuant to paragraph (a).”.

     Amend sec. 22, page 7, line 37, after “department” by inserting:

“or its designee”.

     Amend sec. 23, page 7, line 45, after “department” by inserting:

“or its designee”.

     Amend sec. 23, pages 7 and 8, by deleting lines 48 and 49 on page 7 and lines 1 through 7 on page 8 and inserting:

     “(a) To designate a primary caregiver at the time of application, submit to the department the information required pursuant to paragraph (d) of subsection 2 of section 19 of this act; or

     (b) To designate a primary caregiver after the department or its designee has issued a registry identification card to him, submit to the department the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of section 21 of this act.”.

     Amend sec. 23, page 8, line 11, after “department” by inserting:

“or its designee”.

     Amend sec. 23, page 8, line 14, by deleting:

“within 5 days” and inserting:

“as soon as practicable”.

     Amend sec. 24, page 8, by deleting lines 16 through 21 and inserting:

     “Sec. 24. 1.  A person who is authorized to engage or assist in the medical use of marijuana pursuant to the provisions of this chapter is not exempt from state prosecution for, nor may he use his authorization to engage or assist in the medical use of marijuana to establish an affirmative defense to charges arising from, any of the following acts:”.

     Amend sec. 24, page 8, line 40, before “pursuant” by inserting:

“or its designee”.

     Amend sec. 24, page 8, line 43, after “department” by inserting:

“or its designee”.

     Amend sec. 25, page 9, by deleting lines 3 and 4 and inserting:

“charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that”.

     Amend sec. 25, page 9, line 13, by deleting “or delivers” and inserting:

“, delivers or produces”.

     Amend sec. 25, page 9, line 22, by deleting “or delivers” and inserting:

“, delivers or produces”.

     Amend sec. 25, page 9, by deleting line 29 and inserting:

“by the department or its designee pursuant to section 20 or 23 of this act to assert an”.

     Amend sec. 25, page 9, by deleting lines 31 and 32 and inserting:

     “3.  Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use”.

     Amend sec. 26, page 10, line 6, after “department” by inserting:

“or its designee”.

     Amend sec. 26, page 10, by deleting lines 11 and 12 and inserting:

     “2.  Except as otherwise provided in this subsection, if officers of a state or local law enforcement agency seize marijuana, drug paraphernalia or other related property from a person engaged”.

     Amend sec. 26, page 10, line 15, after “other” by inserting “related”.

     Amend sec. 26, page 10, line 18, after “other” by inserting “related”.

     Amend sec. 26, page 10, line 23, after “other” by inserting “related”.

     Amend sec. 26, page 10, line 25, after “other” by inserting “related”.

     Amend sec. 26, page 10, by deleting lines 28 and 29 and inserting:

“person any usable marijuana, marijuana plants, drug paraphernalia or other related property that was seized.

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The provisions of this subsection do not require a law enforcement agency to care for live marijuana plants.”.

     Amend sec. 29, page 11, line 29, after “department” by inserting:

“or its designee”.

     Amend sec. 29, page 11, line 32, after “department” by inserting:

“or its designee”.

     Amend sec. 31, page 12, by deleting line 14 and inserting:

“possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia in a manner”.

     Amend sec. 32, page 12, by deleting lines 19 through 23 and inserting:

     “1.  Procedures pursuant to which the state department of agriculture will, in cooperation with the department of motor vehicles and public safety, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the state department of agriculture will:

     (a) Issue a registry identification card to a qualified person after the card has been prepared by the department of motor vehicles and public safety; or

     (b) Designate the department of motor vehicles and public safety to issue a registry identification card to a person if:

          (1) The person presents to the department of motor vehicles and public safety valid documentation issued by the state department of agriculture indicating that the state department of agriculture has approved the issuance of a registry identification card to the person; and

          (2) The department of motor vehicles and public safety, before issuing the registry identification card, confirms by telephone or other reliable means that the state department of agriculture has approved the issuance of a registry identification card to the person.

     2.  Criteria for determining whether a marijuana plant is a mature marijuana plant or an immature marijuana plant.”.

     Amend sec. 36, page 12, by deleting line 41 and inserting “department;”.

     Amend sec. 37, pages 13 and 14, by deleting line 49 on page 13 and lines 1 through 26 on page 14 and inserting:

“possibility of rehabilitation and any other relevant information.

     6.] Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:

     (a) For the first offense, is guilty of a misdemeanor and shall be:

          (1) Punished by a fine of not more than $600; and

          (2) Examined by an approved facility for the treatment of abuse of drugs to determine whether he is a drug addict and is likely to be rehabilitated through treatment.

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

          (1) Punished by a fine of not more than $1,000; and

          (2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

     (c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $1,000 nor more than $2,000.

     5.  As used in this section, “controlled substance” includes”.

     Amend the bill as a whole by deleting sec. 43 and adding:

     “Sec. 43. (Deleted by amendment.)”.

     Amend sec. 48, page 23, by deleting lines 22 through 37 and inserting:

     “Sec. 48. 1.  There is hereby appropriated from the state general fund to the state department of agriculture the sum of $50,000 to carry out the provisions of sections 2 to 33, inclusive, of this act.

     2.  The money appropriated pursuant to subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding available to the state department of agriculture to carry out the provisions of sections 2 to 33, inclusive, of this act.

     3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2003, and reverts to the state general fund as soon as all payments of money committed have been made.”.

     Amend the title of the bill to read as follows:

“AN ACT relating to controlled substances; authorizing the medical use of marijuana in certain circumstances; revising the penalties for possessing marijuana; making an appropriation; and providing other matters properly relating thereto.”.