AMERICANS FOR MEDICAL RIGHTS

NEWS RELEASE -- June 4, 2001

 

Nevada Defies Feds, US Supreme Court with Medical Marijuana Bill  
Legislators Cite Duty to Move Forward as a Sovereign State   

CARSON CITY, NEVADA, June 4 - Despite federal laws  prohibiting the medical use of marijuana upheld in a May 14th United
 States Supreme Court decision, the Nevada Legislature decided today to go ahead with a bill that will not only enact the medical  marijuana law approved by voters last election, but will also loosen  Nevada's current law on possession of marijuana in general.

A preamble added to the bill, AB 453, acknowledges federal  opposition to medical marijuana but states that Nevada as "a  sovereign state has the duty to carry out the will of the people." AB 453 received Senate approval this weekend and Assembly approval  today.  It will now go before Governor Kenny Guinn for his  signature.

Dan Hart of Nevadans for Medical Rights said, "Today the state of Nevada has taken up the charge of voters to move ahead on  the issue of medical marijuana regardless of federal policy."  He  continued, "We've said all along that the Supreme Court's ruling was  simply a reiteration of federal law with regards to medical  marijuana, and that it did not preclude state governments from  setting their own medical marijuana laws.  This is a major victory  for patients in Nevada and in all states with laws allowing for the  medical use of marijuana."

If the governor signs the bill as expected, patients in  Nevada will be able to grow as many as seven marijuana plants in  their homes.  The Nevada School of Medicine will be required to  "aggressively" seek federal approval of a medical marijuana  distribution program in which both usable marijuana and marijuana  seeds will be made available to patients.  Also, the possession of up  to an ounce of marijuana by anyone in the state of Nevada will no  longer be a felony. 

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FACT SHEET ON NEVADA BILL AB 453

Medical Marijuana Implementation, Research, Distribution

 History:        Nevada voters twice approved Question 9, a constitutional amendment legalizing the medical use of marijuana,  most recently in November 2000 with 65% voting in favor. The  amendment required the legislature to create implementing legislation  for the licensing of patients and their caregivers authorized to grow  and possess marijuana, and also required legislators to specify a  means of legal distribution of medical marijuana. 

AB 453 ELEMENTS:

Strong preamble language: "S [T]he 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."

Patient/caregiver registry system: 

The state departments of motor vehicles and agriculture will jointly operate a confidential  licensing system for medical marijuana-using patients and their  caregivers. Patients must have approval from a Nevada physician, and  may designate a caregiver. Each would receive credentials from the  Department of Motor Vehicles, which could be used to avoid a  marijuana arrest. 

Permits cultivation and possession by patients, caregivers: Licensed patients and caregivers may cultivate up to seven marijuana plants,  three flowering at any one time, and may possess up to one ounce of  usable marijuana without penalty.

State research and distribution programs: The state Department of Agriculture is ordered to "aggressively" and "vigorously pursue"  federal approval to establish a distribution program for both usable  marijuana and marijuana seeds. The University of Nevada School of  Medicine must join the department in seeking approval for general  studies of marijuana's medical uses. 

De-felonization of non-medical marijuana possession: A separate provision reclassifies the possession of marijuana as a misdemeanor  for the first three offenses. It also gives judges wider discretion  for sentencing on later offenses.

A page of information on Nevada bill AB 453 is available at:
http://www.leg.state.nv.us/71st/Reports/history.cfm?ID=4321

General legislative information from Nevada is available at:
http://www.leg.state.nv.us/71st/Reports/

Also see: http://www.drugreform.org

For more information contact:

Americans for Medical Rights
1250 Sixth St., #202
Santa Monica, CA  90401

 ph: (310) 394-2952
 fax: (310) 451-7494
 cell: (310) 245-4520