2001 REGULAR SESSION (71st) A AB453 R2 1197
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. 25, page 9, line 27, after “that” by inserting:
“the person charged with the offense:”.
Amend sec. 29, page 11, line 46, after “department” by inserting:
“and any designee of the department”.
Amend sec. 29, page 12, line 2, after “department” by inserting:
“or its designee”.
Amend sec. 29, page 12, by deleting line 8 and inserting:
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“The items of
information described in this subsection are confidential, not subject to
subpoena or discovery and not subject to inspection by the general public.
2. Notwithstanding the provisions of subsection 1, the department or its designee may release the name and other identifying”.
Amend sec. 29, page 12, line 11, after “department” by inserting:
“or its designee”.
Amend the bill as a whole by adding new sections designated sections 30.1 through 30.5, following sec. 30, to read as follows:
“Sec. 30.1. 1. The University of Nevada School of Medicine shall establish a program for the evaluation and research of the medical use of marijuana in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition.
2. Before the School of Medicine establishes a program pursuant to subsection 1, the School of Medicine shall aggressively seek and must receive approval of the program by the Federal Government pursuant to 21 U.S.C. § 823 or other applicable provisions of federal law, to allow the creation of a federally approved research program for the use and distribution of marijuana for medical purposes.
3. A research program established pursuant to this section must include residents of this state who volunteer to act as participants and subjects, as determined by the School of Medicine.
4. A resident of this state who wishes to serve as a participant and subject in a research program established pursuant to this section may notify the School of Medicine and may apply to participate by submitting an application on a form prescribed by the department of administration of the School of Medicine.
5. The School of Medicine shall, on a quarterly basis, report to the interim finance committee with respect to:
(a) The progress made by the School of Medicine in obtaining federal approval for the research program; and
(b) If the research program receives federal approval, the status of, activities of and information received from the research program.
Sec. 30.2. 1. Except as otherwise provided in this section, the University of Nevada School of Medicine shall maintain the confidentiality of and shall not disclose:
(a) The contents of any applications, records or other written materials that the School of Medicine creates or receives pursuant to the research program described in section 30.1 of this act; or
(b) The name or any other identifying information of a person who has applied to or who participates in the research program described in section 30.1 of this act.
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The items of information
described in this subsection are confidential, not subject to subpoena or
discovery and not subject to inspection by the general public.
2. Notwithstanding the provisions of subsection 1, the School of Medicine may release the name and other identifying information of a person who has applied to or who participates in the research program described in section 30.1 to:
(a) Authorized employees of the State of Nevada as necessary to perform official duties related to the research program; and
(b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is a lawful participant in the research program.
Sec. 30.3. 1. The department of administration of the University of Nevada School of Medicine may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of section 30.1 of this act.
2. Any money the department of administration receives pursuant to subsection 1 must be deposited in the state treasury pursuant to section 30.4 of this act.
Sec. 30.4. 1. Any money the department of administration of the University of Nevada School of Medicine receives pursuant to section 30.3 of this act or that is appropriated to carry out the provisions of section 30.1 of this act:
(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 section 30.1 of this act, including the dissemination of information concerning the provisions of that section and such other information as is determined appropriate by the department of administration; and
(c) Does not revert to the state general fund at the end of any fiscal year.
2. The department of administration of the School of Medicine 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.
Sec. 30.5. The department shall vigorously pursue the approval of the Federal Government to establish:
1. A bank or repository of seeds that may be used to grow marijuana by persons who use marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act.
2. A program pursuant to which the department may produce and deliver marijuana to persons who use marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act.”.
Amend sec. 37, page 14, line 20, by deleting:
“3, 4 and 5” and inserting:
“3 [, 4 and 5] and 4”.
Amend sec. 37, page 15, line 17, by deleting “and” and inserting “or”.
Amend sec. 37, page 15, line 20, by deleting “treatment.” and inserting:
“treatment and, if the examination reveals that he is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.”.
Amend sec. 37, page 15, line 22, by deleting “and” and inserting “or”.
Amend sec. 37, page 15, by deleting lines 25 through 27 and inserting:
“(c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.
(d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.”.
Amend sec. 38, page 15, line 33, after “inclusive,” by inserting:
“and sections 2 to 12, inclusive, of Senate Bill No. 397 of this [act]session”.
Amend the bill as a whole by adding a new section designated sec. 48.5, following sec. 48, to read as follows:
“Sec. 48.5. 1. The 72nd session of the Nevada legislature shall review statistics provided by the legislative counsel bureau with respect to:
(a) Whether persons exempt from state prosecution pursuant to section 17 of this act have been subject to federal prosecution for carrying out the activities concerning which they are exempt from state prosecution pursuant to that section;
(b) The number of persons who participate in the medical use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act; and
(c) The number of persons who are arrested and convicted for drug related offenses within the State of Nevada, to enable appropriations for budgets to be established at levels to provide adequate and appropriate drug treatment within this state.
2. If, after conducting the review described in subsection 1, the 72nd session of the Nevada legislature determines that the medical use of marijuana in accordance with the provisions of sections 2 to 33, inclusive, of this act is not in the best interests of the residents of this state, the legislature shall revise those provisions as it deems appropriate.”.
Amend sec. 50, page 21, by deleting lines 25 and 26 and inserting:
“3. Sections 1 to 5, inclusive, 7 to 19, inclusive, 22 to 29, inclusive, 30.1 to 30.5, inclusive, 31, 31.3, 31.7, 33 to 36, inclusive, 38 to 47, inclusive, 48.5 and 49 of this act”.
Amend the bill as a whole by adding a preamble, immediately preceding the enacting clause, to read as follows:
“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,”.