2001 REGULAR SESSION (71st) A AB453 R1 887
Amendment Box: Replaces Amendment No. 799. Resolves conflicts with S.B. No. 52, S.B. No. 91 and S.B. No. 300. Makes substantive changes.
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend sec. 14, page 2, line 42, by deleting:
“authorized to engage” and inserting:
“exempt from state prosecution for engaging”.
Amend the bill as a whole by adding a new section designated sec. 14.5, following sec. 14, to read as follows:
“Sec. 14.5. “State prosecution” means prosecution initiated or maintained by the State of Nevada or an agency or political subdivision of the State of Nevada.”.
Amend sec. 15, page 2, by deleting lines 48 and 49 and inserting:
“thereof, that are appropriate for the medical use of marijuana.”.
Amend the bill as a whole by deleting sections 17 and 18 and adding new sections designated sections 17 and 18, following sec. 16, to read as follows:
“Sec. 17. 1. Except as otherwise provided in this section and section 24 of this act, a person who holds a valid registry identification card issued to him pursuant to section 20 or 23 of this act is exempt from state prosecution for:
(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.
2. In addition to the provisions of subsection 1, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of marijuana in accordance with the provisions of this chapter.
3. The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to him pursuant to paragraph (a) of subsection 1 of section 20 of this act, and the designated primary caregiver, if any, of such a person:
(a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; and
(b) Do not, at any one time, collectively possess, deliver or produce more than:
(1) One ounce of usable marijuana;
(2) Three mature marijuana plants; and
(3) Four immature marijuana plants.
4. If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of 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.
Sec. 18. (Deleted by amendment.)”.
Amend sec. 24, page 8, by deleting lines 35 through 38 and inserting:
“Sec. 24. 1. A person who holds a registry identification card issued to him pursuant to section 20 or 23 of this act is not exempt from state prosecution for, nor may he establish an”.
Amend sec. 25, page 9, line 22, by deleting:
“sections 24 and 31” and inserting “section 24”.
Amend sec. 25, page 9, line 34, by deleting:
“allowed pursuant to subsection 1 of section 18” and inserting:
“described in paragraph (b) of subsection 3 of section 17”.
Amend sec. 25, page 9, line 43, by deleting:
“allowed pursuant to subsection 1 of section 18” and inserting:
“described in paragraph (b) of subsection 3 of section 17”.
Amend sec. 25, page 10, line 12, by deleting:
“allowed pursuant to subsection 1 of section 18” and inserting:
“described in paragraph (b) of subsection 3 of section 17”.
Amend sec. 26, page 10, by deleting lines 48 and 49 and inserting:
“paraphernalia or other related property was seized is engaging in or assisting in the medical use of marijuana in accordance with the provisions of”.
Amend sec. 26, page 11, by deleting line 8 and inserting:
“engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter shall be deemed to be”.
Amend sec. 28, page 11, line 41, by deleting:
“as authorized pursuant to” and inserting:
“in accordance with”.
Amend sec. 31, page 12, by deleting lines 37 through 40.
Amend the bill as a whole by adding new sections designated sections 31.3 and 31.7, following sec. 31, to read as follows:
“Sec. 31.3. 1. The director of the department may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of this chapter.
2. Any money the director receives pursuant to subsection 1 must be deposited in the state treasury pursuant to section 31.7 of this act.
Sec. 31.7. 1. Any money the director of the department receives pursuant to section 31.3 of this act or that is appropriated to carry out the provisions of this chapter:
(a) Must be deposited in the state treasury and accounted for separately in the state general fund;
(b) May only be used to carry out the provisions of this chapter, including the dissemination of information concerning the provisions of sections 2 to 33, inclusive, of this act and such other information as determined appropriate by the director; and
(c) Does not revert to the state general fund at the end of any fiscal year.
2. The director of the department shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the state are paid.”.
Amend sec. 36, page 13, line 40, by deleting “laws or”.
Amend sec. 37, page 13, by deleting lines 44 and 45 and inserting:
“pursuant to, a prescription or order of a physician, osteopathic physician’s assistant, physician assistant, dentist, podiatric physician, optometrist, advanced practitioner of nursing or veterinarian while acting in the”.
Amend sec. 40, page 17, line 6, by deleting:
“bureau of alcohol and drug abuse in” and inserting:
“health division of”.
Amend sec. 44, page 19, line 7, by deleting:
“as authorized pursuant to” and inserting:
“in accordance with the provisions of”.
Amend sec. 45, page 19, lines 33 and 34, by deleting:
“as authorized pursuant to” and inserting:
“in accordance with the provisions of”.
Amend sec. 46, pages 19 and 20, by deleting line 49 on page 19 and line 1 on page 20, and inserting:
“lawful prescription issued in his name [,]or that he was not using in accordance with the provisions of sections”.
Amend sec. 47, page 20, by deleting lines 37 through 48 and inserting:
“1. Prescribing or administering to a patient under his careacontrolled substance which is listed in schedule II, III, IV or V by the state board of pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with regulations adopted by the board.
2. Engaging in any activity in accordance with the provisions of sections 2 to 33, inclusive, of this act.”.
Amend the bill as a whole by deleting sec. 48 and adding:
“Sec. 48. (Deleted by amendment.)”.
Amend sec. 50, page 21, line 14, by deleting:
“and section 48 of this act become” and inserting “becomes”.
Amend sec. 50, page 21, by deleting line 20 and inserting:
“31.3, 31.7, 33 to 36, inclusive, 38 to 47, inclusive, and 49 of this act become effective on October 1, 2001.
4. Section 37 of this act becomes effective at 12:01 a.m. on October 1, 2001.”.
Amend the title of the bill to read as follows:
“AN ACT relating to controlled substances; exempting the medical use of marijuana from state prosecution in certain circumstances; revising the penalties for possessing marijuana; and providing other matters properly relating thereto.”.
Amend the summary of the bill to read as follows:
“SUMMARY¾Exempts medical use of marijuana from state prosecution in certain circumstances and revises penalties for possessing marijuana. (BDR 40‑121)”.