Senate Bill No. 545–Committee on Human
Resources and Facilities

 

March 26, 2001

____________

 

Referred to Committee on Finance

 

SUMMARY—Creates state commission for approval of research programs for medical use of marijuana. (BDR 40‑1248)

 

FISCAL NOTE:    Effect on Local Government: No.

                                 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.

 

AN ACT relating to public health; creating a state commission for the approval of research programs for the medical use of marijuana; prescribing the membership and duties of the commission; authorizing persons to apply to the commission for approval of research programs for the medical use of marijuana; providing immunity from civil and criminal liability for the possession and delivery of marijuana under certain circumstances; making an appropriation; and providing other matters properly relating thereto.

 

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 16,

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 9, inclusive, of this

1-6  act have the meanings ascribed to them in those sections.

1-7    Sec. 3.  “Cachexia” means general physical wasting and

1-8  malnutrition associated with chronic disease.

1-9    Sec. 4.  “Chronic or debilitating medical condition” means:

1-10    1.  Acquired immune deficiency syndrome;

1-11    2.  Cancer;

1-12    3.  Glaucoma; and

1-13    4.  A medical condition or treatment for a medical condition that

1-14  produces, for a specific patient, one or more of the following:

1-15    (a) Cachexia;

1-16    (b) Persistent muscle spasms, including, without limitation, spasms

1-17  caused by multiple sclerosis;

2-1    (c) Seizures, including, without limitation, seizures caused by

2-2  epilepsy;

2-3    (d) Severe nausea; or

2-4    (e) Severe pain.

2-5    Sec. 5.  “Delivery” has the meaning ascribed to it in NRS 453.051.

2-6    Sec. 6.  “Drug paraphernalia” has the meaning ascribed to it in NRS

2-7  453.554.

2-8    Sec. 7.  “Marijuana” has the meaning ascribed to it in NRS 453.096.

2-9    Sec. 8.  “Medical use of marijuana” means the possession or delivery

2-10  of marijuana, or paraphernalia used to administer marijuana, as

2-11  necessary for the exclusive benefit of a person to mitigate the symptoms

2-12  or effects of his chronic or debilitating medical condition.

2-13    Sec. 9. “State commission” means the state commission for the

2-14  approval of research programs for the medical use of marijuana created

2-15  by section 10 of this act.

2-16    Sec. 10.  1.  The state commission for the approval of research

2-17  programs for the medical use of marijuana is hereby created. The state

2-18  commission consists of nine members appointed by the governor as

2-19  follows:

2-20    (a) Four members who are physicians licensed pursuant to chapter

2-21  630 or 633 of NRS, as applicable, and who:

2-22      (1) Are actively engaged in the practice of medicine or osteopathy

2-23  in this state;

2-24      (2) Have at least 5 years of experience in the practice of medicine

2-25  or osteopathy in this state; and

2-26      (3) Represent the specialties of practice that treat a chronic or

2-27  debilitating medical condition.

2-28    (b) Two members who are pharmacists registered pursuant to chapter

2-29  639 of NRS and who:

2-30      (1) Are actively engaged in the practice of pharmacy in this state;

2-31  and

2-32      (2) Have at least 5 years of experience in the practice of pharmacy

2-33  in this state.

2-34    (c) Three members who represent the general public and who are not

2-35  related by consanguinity or affinity within the third degree to a physician

2-36  or pharmacist who practices in this state.

2-37  The governor shall not appoint to serve on the state commission any

2-38  person who has a direct or indirect interest in a research program for the

2-39  medical use of marijuana.

2-40    2.  To the extent practicable, a person who is appointed to serve on

2-41  the state commission pursuant to subsection 1 shall possess knowledge of

2-42  and experience in reading and interpreting research protocols and data

2-43  or possess specific knowledge of the research regarding the medical use

2-44  of marijuana.

2-45    3.  Within 30 days after his appointment, a member of the state

2-46  commission shall take and subscribe to an oath to carry out his duties

2-47  pursuant to this chapter in a faithful and impartial manner.  

2-48    4.  The members of the state commission shall select a chairman and

2-49  vice chairman from among their membership.

3-1    5.  After the initial terms, each member of the state commission

3-2  serves a term of 3 years. A member of the state commission may not serve

3-3  for more than three consecutive terms. If a vacancy occurs on the state

3-4  commission, the vacancy must be filled in the same manner as the

3-5  original appointment for the remainder of the unexpired term.

3-6    6.  Each member of the state commission is entitled to receive for

3-7  each day or portion of a day that he attends a meeting of the state

3-8  commission or is otherwise engaged in the business of the state

3-9  commission:

3-10    (a) A salary of $80; and

3-11    (b) The per diem allowance and travel expenses provided for state

3-12  officers and employees generally.

3-13    7.  The health division of the department of human resources shall

3-14  provide administrative support to the state commission.

3-15    8.  Each member of the state commission serves at the pleasure of the

3-16  governor.

3-17    Sec. 11.  1.  The state commission shall hold two meetings each year

3-18  at the call of the chairman to review applications submitted to the

3-19  commission for the approval of a research program for the medical use

3-20  of marijuana. Within the limits of money available to the state

3-21  commission, the state commission may hold additional meetings at the

3-22  call of the chairman.

3-23    2.  Five members of the state commission constitute a quorum for the

3-24  transaction of business. A majority vote of the members present is

3-25  required to take action with respect to any matter.

3-26    Sec. 12.  1.  A person may submit an application to the state

3-27  commission for the approval of a research program for the medical use

3-28  of marijuana. An application must be submitted on a form provided by

3-29  the state commission.

3-30    2.  The state commission shall review each application that it receives

3-31  to determine whether:

3-32    (a) The primary purpose of the proposed research program is to treat

3-33  or alleviate a chronic or debilitating medical condition; and

3-34    (b) The proposed research program:

3-35      (1) Adequately addresses the use of marijuana by a minor;

3-36      (2) Ensures appropriate methods for the supply of marijuana to the

3-37  persons participating in the research program;

3-38      (3) Incorporates adequate safeguards to ensure that the distribution

3-39  of marijuana for purposes of the program is made only to those persons

3-40  who are participating in the program and is not diverted for unlawful or

3-41  unauthorized use;

3-42      (4) Adequately protects the confidentiality of those persons who

3-43  participate in the program, and provides access to the identity of those

3-44  persons by authorized employees of state and local law enforcement

3-45  agencies only as is necessary to verify the status of a person as a

3-46  participant in an approved research program;

3-47      (5) Incorporates adequate protections for the health and safety of

3-48  the persons who participate in the program; and

4-1       (6) Is likely to produce results that are scientifically and medically

4-2  valid.

4-3    3.  The state commission shall make a determination on an

4-4  application within a reasonable period after receipt of the application. A

4-5  determination of the state commission is final and not subject to appeal.

4-6  The determination of the state commission must be based upon:

4-7    (a) The review of the application pursuant to subsection 2;

4-8    (b) Materials, if any, accompanying the application;

4-9    (c) Personal interviews conducted by the state commission, if any, of

4-10  the proponents of the application; and

4-11    (d) Any other information or materials relevant to the proposed

4-12  research program.

4-13    4.  If the state commission approves a research program, the state

4-14  commission shall prepare a written statement indicating its approval of

4-15  the research program in a format that may be submitted by the applicant

4-16  if he requests registration in connection with the research program

4-17  pursuant to 21 U.S.C. § 823. A person shall not conduct a research

4-18  program for the medical use of marijuana until he has obtained the

4-19  appropriate approval from the Federal Government pursuant to 21

4-20  U.S.C. § 823, regardless of whether the state commission has approved of

4-21  the program.

4-22    5.  To the extent that money is made available by legislative

4-23  appropriation or otherwise, the state commission may distribute money to

4-24  successful applicants who are registered to conduct the research program

4-25  pursuant to 21 U.S.C. § 823. The state commission may determine the

4-26  amount of money so distributed and any conditions for receipt of the

4-27  money.

4-28    6.  If the Federal Government suspends or revokes the registration of

4-29  a person to conduct a research program, the approval of the research

4-30  program by the state commission shall automatically be deemed revoked.

4-31    Sec. 13.  If the state commission, or any of its members, acting

4-32  pursuant to this chapter, initiates or assists in any proceeding concerning

4-33  an application for approval of a research program, the state commission

4-34  and its members are immune from any civil action for such initiation or

4-35  assistance or any consequential damages, if the state commission and its

4-36  members acted without malicious intent.

4-37    Sec. 14.  Except as otherwise provided in section 15 of this act, if a

4-38  person has obtained the approval of the state commission for a research

4-39  program for the medical use of marijuana and that person is registered

4-40  to conduct the research program by the Federal Government pursuant to

4-41  21 U.S.C. § 823, the:

4-42    1.  Person who conducts or operates the program and any person

4-43  working under his immediate direction, supervision or instruction for the

4-44  program;

4-45    2.  Physicians and pharmacists assisting with the program and those

4-46  persons working under their immediate direction, supervision or

4-47  instruction for the program; and

4-48    3.  Persons who participate in the program,

5-1  are exempt from criminal prosecution in this state and are immune from

5-2  civil and criminal liability in this state for the possession or delivery of

5-3  marijuana or drug paraphernalia.

5-4    Sec. 15.  The provisions of this chapter do not:

5-5    1.  Authorize the possession or delivery of marijuana for purposes

5-6  other than those related to a research program that has been approved by

5-7  the state commission and authorized pursuant to applicable federal law;

5-8    2.  Require an insurer, organization for managed care or any person

5-9  or entity who provides coverage for a medical or health care service to

5-10  pay for or reimburse a person participating in an approved research

5-11  program for costs associated with the medical use of marijuana;

5-12    3.  Protect a person against state prosecution or civil liability for any

5-13  act involving the possession or delivery of marijuana in a manner not

5-14  authorized pursuant to this chapter; or

5-15    4.  Require an employer or any operator of a place of public

5-16  accommodation to authorize the medical use of marijuana on its

5-17  premises or otherwise make accommodations for the medical use of

5-18  marijuana.

5-19    Sec. 16.  1.  The state commission shall adopt regulations

5-20  prescribing the:

5-21    (a) Process for submission of an application by a person for the

5-22  approval of a research program pursuant to section 12 of this act;

5-23    (b) Criteria and type of investigation that will be applied by the state

5-24  commission in determining whether to approve an application;

5-25    (c) Conditions, if any, under which the state commission may allow a

5-26  person to resubmit an application that has been denied by the state

5-27  commission; and

5-28    (d) Except as otherwise provided in subsection 6 of section 12 of this

5-29  act, conditions under which the state commission may revoke its approval

5-30  of a research program.

5-31    2.  The state commission may adopt regulations:

5-32    (a) As the state commission determines are necessary to carry out its

5-33  duties pursuant to this chapter.

5-34    (b) Not inconsistent with the constitution or laws of the United States,

5-35  or of this state, as the state commission determines are necessary to

5-36  protect the public with regard to the medical use of marijuana and the

5-37  distribution of marijuana for medical use.

5-38    Sec. 17.  Chapter 453 of NRS is hereby amended by adding thereto a

5-39  new section to read as follows:

5-40    The provisions of this chapter do not apply to the extent that they are

5-41  inconsistent with the provisions of sections 2 to 16, inclusive, of this act.

5-42    Sec. 18.  NRS 630.3066 is hereby amended to read as follows:

5-43    630.3066  A physician is not subject to disciplinary action solely for

5-44  [prescribing] :

5-45    1.  Prescribing or administering to a patient under his care:

5-46    [1.] (a) Amygdalin (laetrile), if the patient has consented in writing to

5-47  the use of the substance.

5-48    [2.] (b) Procaine hydrochloride with preservatives and stabilizers

5-49  (Gerovital H3).

6-1    [3.] (c) A controlled substance which is listed in schedule II, III, IV or

6-2  V by the state board of pharmacy pursuant to NRS 453.146, if the

6-3  controlled substance is lawfully prescribed or administered for the

6-4  treatment of intractable pain in accordance with accepted standards for the

6-5  practice of medicine.

6-6    2.  Conducting or assisting with a research program that has been

6-7  approved by the state commission for the approval of research programs

6-8  for the medical use of marijuana pursuant to section 12 of this act if the

6-9  person who conducts the program is registered pursuant to 21 U.S.C. §

6-10  823.

6-11    Sec. 19.  NRS 633.521 is hereby amended to read as follows:

6-12    633.521  An osteopathic physician is not subject to disciplinary action

6-13  solely for [prescribing] :

6-14    1.  Prescribing or administering to a patient under his care:

6-15    [1.] (a) Amygdalin (laetrile), if the patient has consented to the use of

6-16  the substance.

6-17    [2.] (b) Procaine hydrochloride with preservatives and stabilizers

6-18  (Gerovital H3).

6-19    [3.] (c) A controlled substance which is listed in schedule II, III, IV or

6-20  V by the state board of pharmacy pursuant to NRS 453.146, if the

6-21  controlled substance is lawfully prescribed or administered for the

6-22  treatment of intractable pain in accordance with accepted standards for the

6-23  practice of osteopathic medicine.

6-24    2.  Conducting or assisting with a research program that has been

6-25  approved by the state commission for the approval of research programs

6-26  for the medical use of marijuana pursuant to section 12 of this act if the

6-27  person who conducts the program is registered pursuant to 21 U.S.C. §

6-28  823.

6-29    Sec. 20.  1.  There is hereby appropriated from the state general fund

6-30  to the health division of the department of human resources the sum of

6-31  $3,000 for the payment of:

6-32    (a) The salaries, per diem allowances and travel expenses of the

6-33  members of the state commission for the approval of research programs for

6-34  the medical use of marijuana pursuant to section 10 of this act; and

6-35    (b) Incidental expenses of the health division incurred in providing

6-36  administrative assistance to the state commission.

6-37    2.  Any remaining balance of the appropriation made by subsection 1

6-38  must not be committed for expenditure after June 30, 2003, and reverts to

6-39  the state general fund as soon as all payments of money committed have

6-40  been made.

6-41    Sec. 21.  1.  On or before October 1, 2001, the governor shall appoint

6-42  the following members to the state commission for the approval of research

6-43  programs for the medical use of marijuana to terms expiring September 30,

6-44  2003:

6-45    (a) Two members pursuant to paragraph (a) of subsection 1 of section

6-46  10 of this act;

6-47    (b) One member pursuant to paragraph (b) of subsection 1 of section 10

6-48  of this act; and

7-1    (c) One member pursuant to paragraph (c) of subsection 1 of section 10

7-2  of this act.

7-3    2.  On or before October 1, 2001, the governor shall appoint the

7-4  following members to the state commission for the approval of research

7-5  program for the medical use of marijuana to terms expiring on September

7-6  30, 2004:

7-7    (a) Two members pursuant to paragraph (a) of subsection 1 of section

7-8  10 of this act;

7-9    (b) One member pursuant to paragraph (b) of subsection 1 of section 10

7-10  of this act; and

7-11    (c) Two members pursuant to paragraph (c) of subsection 1 of section

7-12  10 of this act.

7-13    Sec. 22.  1.  This section and sections 20 and 21 of this act become

7-14  effective on July 1, 2001.

7-15    2.  Section 10 of this act becomes effective on July 1, 2001, for the

7-16  purpose of appointing members to the state commission for the approval of

7-17  research programs for the medical use of marijuana and on October 1,

7-18  2001, for all other purposes.

7-19    3.  Sections 1 to 9, inclusive, and 11 to 19, inclusive, of this act become

7-20  effective on October 1, 2001.

 

7-21  H