USA Statutes : nevada
Title : Title 40 - PUBLIC HEALTH AND SAFETY
Chapter : CHAPTER 453A - MEDICAL USE OF MARIJUANA
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 453A.020
to 453A.170 , inclusive, have the meanings ascribed to
them in those sections.
(Added to NRS by 2001, 3054 )
“Administer” has the meaning
ascribed to it in NRS 453.021 .
(Added to NRS by 2001, 3054 )
“Attending physician”
means a physician who:
1. Is licensed to practice:
(a) Medicine pursuant to the provisions of chapter 630 of NRS; or
(b) Osteopathic medicine pursuant to the provisions of chapter 633
of NRS; and
2. Has responsibility for the care and treatment of a person
diagnosed with a chronic or debilitating medical condition.
(Added to NRS by 2001, 3054 ; A 2003, 1180 , 1430 )
“Cachexia” means general
physical wasting and malnutrition associated with chronic disease.
(Added to NRS by 2001, 3054 )
“Chronic or debilitating medical condition” means:
1. Acquired immune deficiency syndrome;
2. Cancer;
3. Glaucoma;
4. A medical condition or treatment for a medical condition that
produces, for a specific patient, one or more of the following:
(a) Cachexia;
(b) Persistent muscle spasms, including, without limitation, spasms
caused by multiple sclerosis;
(c) Seizures, including, without limitation, seizures caused by
epilepsy;
(d) Severe nausea; or
(e) Severe pain; or
5. Any other medical condition or treatment for a medical
condition that is:
(a) Classified as a chronic or debilitating medical condition by
regulation of the Division; or
(b) Approved as a chronic or debilitating medical condition
pursuant to a petition submitted in accordance with NRS 453A.710 .
(Added to NRS by 2001, 3054 )
“Deliver” or
“delivery” has the meaning ascribed to it in NRS 453.051 .
(Added to NRS by 2001, 3054 )
“Department” means the State
Department of Agriculture.
(Added to NRS by 2001, 3054 )
1. “Designated primary caregiver” means a person who:
(a) Is 18 years of age or older;
(b) Has significant responsibility for managing the well-being of a
person diagnosed with a chronic or debilitating medical condition; and
(c) Is designated as such in the manner required pursuant to NRS
453A.250 .
2. The term does not include the attending physician of a person
diagnosed with a chronic or debilitating medical condition.
(Added to NRS by 2001, 3054 )
“Division” means the Health
Division of the Department of Health and Human Services.
(Added to NRS by 2001, 3055 )
“Drug paraphernalia”
has the meaning ascribed to it in NRS 453.554 .
(Added to NRS by 2001, 3055 )
“Marijuana” has the meaning
ascribed to it in NRS 453.096 .
(Added to NRS by 2001, 3055 )
“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,
Ê as necessary for the exclusive benefit of a person to mitigate the
symptoms or effects of his chronic or debilitating medical condition.
(Added to NRS by 2001, 3055 )
“Production” has the meaning
ascribed to it in NRS 453.131 .
(Added to NRS by 2001, 3055 )
“Registry
identification card” means a document issued by the Department or its
designee that identifies:
1. A person who is exempt from state prosecution for engaging in
the medical use of marijuana; or
2. The designated primary caregiver, if any, of a person described
in subsection 1.
(Added to NRS by 2001, 3055 )
“State prosecution”
means prosecution initiated or maintained by the State of Nevada or an
agency or political subdivision of the State of Nevada.
(Added to NRS by 2001, 3055 )
1. “Usable marijuana” means:
(a) The dried leaves and flowers of a plant of the genus Cannabis,
and any mixture or preparation thereof, that are appropriate for the
medical use of marijuana; and
(b) The seeds of a plant of the genus Cannabis.
2. The term does not include the stalks and roots of the plant.
(Added to NRS by 2001, 3055 ; A 2003, 1430 )
“Written
documentation” means:
1. A statement signed by the attending physician of a person
diagnosed with a chronic or debilitating medical condition; or
2. Copies of the relevant medical records of a person diagnosed
with a chronic or debilitating medical condition.
(Added to NRS by 2001, 3055 )
LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION CARDS
1. Except as otherwise provided in this section and NRS 453A.300
, a person who holds a valid registry
identification card issued to him pursuant to NRS 453A.220 or 453A.250 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 NRS 453A.220 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 NRS 453A.310 .
(Added to NRS by 2001, 3055 )
1. The Department shall establish and maintain a program for the
issuance of registry identification cards to persons who meet the
requirements of this section.
2. Except as otherwise provided in subsections 3 and 5 and NRS
453A.225 , the Department or its
designee shall issue a registry identification card to a person who is a
resident of this State and who submits an application on a form
prescribed by the Department accompanied by the following:
(a) Valid, written documentation from the person’s attending
physician stating that:
(1) The person has been diagnosed with a chronic or
debilitating medical condition;
(2) The medical use of marijuana may mitigate the symptoms
or effects of that condition; and
(3) The attending physician has explained the possible risks
and benefits of the medical use of marijuana;
(b) The name, address, telephone number, social security number and
date of birth of the person;
(c) Proof satisfactory to the Department that the person is a
resident of this State;
(d) The name, address and telephone number of the person’s
attending physician; and
(e) If the person elects to designate a primary caregiver at the
time of application:
(1) The name, address, telephone number and social security
number of the designated primary caregiver; and
(2) A written, signed statement from his attending physician
in which the attending physician approves of the designation of the
primary caregiver.
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 pursuant to
subsection 2; and
(b) The custodial parent or legal guardian with responsibility for
health care decisions for the person under 18 years of age signs a
written statement setting forth that:
(1) The attending physician of the person under 18 years of
age has explained to that person and to the custodial parent or legal
guardian with responsibility for health care decisions for the person
under 18 years of age the possible risks and benefits of the medical use
of marijuana;
(2) The custodial parent or legal guardian with
responsibility for health care decisions for the person under 18 years of
age consents to the use of marijuana by the person under 18 years of age
for medical purposes;
(3) The custodial parent or legal guardian with
responsibility for health care decisions for the person under 18 years of
age agrees to serve as the designated primary caregiver for the person
under 18 years of age; and
(4) The custodial parent or legal guardian with
responsibility for health care decisions for the person under 18 years of
age agrees to control the acquisition of marijuana and the dosage and
frequency of use by the person under 18 years of age.
4. The form prescribed by the Department to be used by a person
applying for a registry identification card pursuant to this section must
be a form that is in quintuplicate. Upon receipt of an application that
is completed and submitted pursuant to this section, the Department shall:
(a) Record on the application the date on which it was received;
(b) Retain one copy of the application for the records of the
Department; and
(c) Distribute the other four copies of the application in the
following manner:
(1) One copy to the person who submitted the application;
(2) One copy to the applicant’s designated primary
caregiver, if any;
(3) One copy to the Central Repository for Nevada Records of
Criminal History; and
(4) One copy to:
(I) If the attending physician of the applicant is
licensed to practice medicine pursuant to the provisions of chapter 630
of NRS, the Board of Medical Examiners; or
(II) If the attending physician of the applicant is
licensed to practice osteopathic medicine pursuant to the provisions of
chapter 633 of NRS, the State Board of
Osteopathic Medicine.
Ê 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 or the State Board of Osteopathic Medicine, as applicable,
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).
5. The Department shall verify the information contained in an
application submitted pursuant to this section and shall approve or deny
an application within 30 days after receiving the application. The
Department may contact an applicant, his attending physician and
designated primary caregiver, if any, by telephone to determine that the
information provided on or accompanying the application is accurate. The
Department may deny an application only on the following grounds:
(a) The applicant failed to provide the information required
pursuant to subsections 2 and 3 to:
(1) Establish his chronic or debilitating medical condition;
or
(2) Document his consultation with an attending physician
regarding the medical use of marijuana in connection with that condition;
(b) The applicant failed to comply with regulations adopted by the
Department, including, without limitation, the regulations adopted by the
Director pursuant to NRS 453A.740 ;
(c) The Department determines that the information provided by the
applicant was falsified;
(d) The Department determines that the attending physician of the
applicant is not licensed to practice medicine or osteopathic medicine in
this State or is not in good standing, as reported by the Board of
Medical Examiners or the State Board of Osteopathic Medicine, as
applicable;
(e) The Department determines that the applicant, or his designated
primary caregiver, if applicable, has been convicted of knowingly or
intentionally selling a controlled substance;
(f) The Department has prohibited the applicant from obtaining or
using a registry identification card pursuant to subsection 2 of NRS
453A.300 ;
(g) The Department determines that the applicant, or his designated
primary caregiver, if applicable, has had a registry identification card
revoked pursuant to NRS 453A.225 ; or
(h) In the case of a person under 18 years of age, the custodial
parent or legal guardian with responsibility for health care decisions
for the person has not signed the written statement required pursuant to
paragraph (b) of subsection 3.
6. The decision of the Department to deny an application for a
registry identification card is a final decision for the purposes of
judicial review. Only the person whose application has been denied or, in
the case of a person under 18 years of age whose application has been
denied, the person’s parent or legal guardian, has standing to contest
the determination of the Department. A judicial review authorized
pursuant to this subsection must be limited to a determination of whether
the denial was arbitrary, capricious or otherwise characterized by an
abuse of discretion and must be conducted in accordance with the
procedures set forth in chapter 233B of NRS
for reviewing a final decision of an agency.
7. A person whose application has been denied may not reapply for
6 months after the date of the denial, unless the Department or a court
of competent jurisdiction authorizes reapplication in a shorter time.
8. Except as otherwise provided in this subsection, if a person
has applied for a registry identification card pursuant to this section
and the Department has not yet approved or denied the application, the
person, and his designated primary caregiver, if any, shall be deemed to
hold a registry identification card upon the presentation to a law
enforcement officer of the copy of the application provided to him
pursuant to subsection 4. A person may not be deemed to hold a registry
identification card for a period of more than 30 days after the date on
which the Department received the application.
9. As used in this section, “resident” has the meaning ascribed to
it in NRS 483.141 .
(Added to NRS by 2001, 3056 ; A 2003, 1431 ; 2005, 686 )
1. If the Department approves an application pursuant to
subsection 5 of NRS 453A.210 , the
Department or its designee shall, as soon as practicable after the
Department approves the application:
(a) Issue a serially numbered registry identification card to the
applicant; and
(b) If the applicant has designated a primary caregiver, issue a
serially numbered registry identification card to the designated primary
caregiver.
2. A registry identification card issued pursuant to paragraph (a)
of subsection 1 must set forth:
(a) The name, address, photograph and date of birth of the
applicant;
(b) The date of issuance and date of expiration of the registry
identification card;
(c) The name and address of the applicant’s designated primary
caregiver, if any; and
(d) Any other information prescribed by regulation of the
Department.
3. A registry identification card issued pursuant to paragraph (b)
of subsection 1 must set forth:
(a) The name, address and photograph of the designated primary
caregiver;
(b) The date of issuance and date of expiration of the registry
identification card;
(c) The name and address of the applicant for whom the person is
the designated primary caregiver; and
(d) Any other information prescribed by regulation of the
Department.
4. Except as otherwise provided in NRS 453A.225 , subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300 , a registry identification card issued
pursuant to this section is valid for a period of 1 year and may be
renewed in accordance with regulations adopted by the Department.
(Added to NRS by 2001, 3058 ; A 2005, 688 )
1. If, at any time after the Department or its designee has issued
a registry identification card to a person pursuant to paragraph (a) of
subsection 1 of NRS 453A.220 , the
Department determines, on the basis of official documents or records or
other credible evidence, that the person:
(a) Provided falsified information on his application to the
Department or its designee, as described in paragraph (c) of subsection 5
of NRS 453A.210 ; or
(b) Has been convicted of knowingly or intentionally selling a
controlled substance, as described in paragraph (e) of subsection 5 of
NRS 453A.210 ,
Ê the Department shall immediately revoke the registry identification
card issued to that person and shall immediately revoke the registry
identification card issued to that person’s designated primary caregiver,
if any.
2. If, at any time after the Department or its designee has issued
a registry identification card to a person pursuant to paragraph (b) of
subsection 1 of NRS 453A.220 or
pursuant to NRS 453A.250 , the
Department determines, on the basis of official documents or records or
other credible evidence, that the person has been convicted of knowingly
or intentionally selling a controlled substance, as described in
paragraph (e) of subsection 5 of NRS 453A.210 , the Department shall immediately revoke the
registry identification card issued to that person.
3. Upon the revocation of a registry identification card pursuant
to this section:
(a) The Department shall send, by certified mail, return receipt
requested, notice to the person whose registry identification card has
been revoked, 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).
4. The decision of the Department to revoke a registry
identification card pursuant to this section is a final decision for the
purposes of judicial review.
5. A person whose registry identification card has been revoked
pursuant to this section may not reapply for a registry identification
card pursuant to NRS 453A.210 for 12
months after the date of the revocation, unless the Department or a court
of competent jurisdiction authorizes reapplication in a shorter time.
(Added to NRS by 2005, 685 )
1. A person to whom the Department or its designee has issued a
registry identification card pursuant to paragraph (a) of subsection 1 of
NRS 453A.220 shall, in accordance
with regulations adopted by the Department:
(a) Notify the Department of any change in his name, address,
telephone number, attending physician or designated primary caregiver, if
any; and
(b) Submit annually to the Department:
(1) Updated written documentation from his attending
physician in which the attending physician sets forth that:
(I) The person continues to suffer from a chronic or
debilitating medical condition;
(II) The medical use of marijuana may mitigate the
symptoms or effects of that condition; and
(III) He has explained to the person the possible
risks and benefits of the medical use of marijuana; and
(2) If he elects to designate a primary caregiver for the
subsequent year and the primary caregiver so designated was not the
person’s designated primary caregiver during the previous year:
(I) The name, address, telephone number and social
security number of the designated primary caregiver; and
(II) A written, signed statement from his attending
physician in which the attending physician approves of the designation of
the primary 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
NRS 453A.220 or pursuant to NRS
453A.250 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.
3. If a person fails to comply with the provisions of subsection 1
or 2, the registry identification card issued to him shall be deemed
expired. If the registry identification card of a person to whom the
Department or its designee issued the card pursuant to paragraph (a) of
subsection 1 of NRS 453A.220 is
deemed expired pursuant to this subsection, a registry identification
card issued to the person’s designated primary caregiver, if any, shall
also be deemed expired. 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).
(Added to NRS by 2001, 3059 )
If a person to whom the Department or its designee
has issued a registry identification card pursuant to paragraph (a) of
subsection 1 of NRS 453A.220 is
diagnosed by his attending physician as no longer having a chronic or
debilitating medical condition, the person and his designated primary
caregiver, if any, shall return their registry identification cards to
the Department within 7 days after notification of the diagnosis.
(Added to NRS by 2001, 3060 )
1. If a person who applies to the Department for a registry
identification card or to whom the Department or its designee has issued
a registry identification card pursuant to paragraph (a) of subsection 1
of NRS 453A.220 desires to designate
a primary caregiver, the person must:
(a) To designate a primary caregiver at the time of application,
submit to the Department the information required pursuant to paragraph
(e) of subsection 2 of NRS 453A.210 ;
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 NRS 453A.230 .
2. A person may have only one designated primary caregiver at any
one time.
3. If a person designates a primary caregiver after the time that
he initially applies for a registry identification card, the Department
or its designee shall, except as otherwise provided in subsection 5 of
NRS 453A.210 , issue a registry
identification card to the designated primary caregiver as soon as
practicable after receiving the information submitted pursuant to
paragraph (b) of subsection 1.
(Added to NRS by 2001, 3060 ; A 2003, 1433 )
PROHIBITED ACTS; AFFIRMATIVE DEFENSES
1. A person who holds a registry identification card issued to him
pursuant to NRS 453A.220 or 453A.250
is not exempt from state prosecution
for, nor may he establish an affirmative defense to charges arising from,
any of the following acts:
(a) Driving, operating or being in actual physical control of a
vehicle or a vessel under power or sail while under the influence of
marijuana.
(b) Engaging in any other conduct prohibited by NRS 484.379 , 484.3795 ,
484.37955 , subsection 2 of NRS
488.400 , NRS 488.410 , 488.420 ,
488.425 or 493.130 .
(c) Possessing a firearm in violation of paragraph (b) of
subsection 1 of NRS 202.257 .
(d) Possessing marijuana in violation of NRS 453.336 or possessing drug paraphernalia in violation
of NRS 453.560 or 453.566 , if the possession of the marijuana or drug
paraphernalia is discovered because the person engaged or assisted in the
medical use of marijuana in:
(1) Any public place or in any place open to the public or
exposed to public view; or
(2) Any local detention facility, county jail, state prison,
reformatory or other correctional facility, including, without
limitation, any facility for the detention of juvenile offenders.
(e) Delivering marijuana to another person who he knows does not
lawfully hold a registry identification card issued by the Department or
its designee pursuant to NRS 453A.220
or 453A.250 .
(f) Delivering marijuana for consideration to any person,
regardless of whether the recipient lawfully holds a registry
identification card issued by the Department or its designee pursuant to
NRS 453A.220 or 453A.250 .
2. Except as otherwise provided in NRS 453A.225 and in addition to any other penalty
provided by law, if the Department determines that a person has willfully
violated a provision of this chapter or any regulation adopted by the
Department or Division to carry out the provisions of this chapter, the
Department may, at its own discretion, prohibit the person from obtaining
or using a registry identification card for a period of up to 6 months.
(Added to NRS by 2001, 3060 ; A 2005, 169 , 689 )
1. Except as otherwise provided in this section and NRS 453A.300
, it is an affirmative defense to a
criminal 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 the person charged with the offense:
(a) Is a person who:
(1) Has been diagnosed with a chronic or debilitating
medical condition within the 12-month period preceding his arrest and has
been advised by his attending physician that the medical use of marijuana
may mitigate the symptoms or effects of that chronic or debilitating
medical condition;
(2) Is engaged in the medical use of marijuana; and
(3) Possesses, delivers or produces marijuana only in the
amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person
proves by a preponderance of the evidence that the greater amount is
medically necessary as determined by the person’s attending physician to
mitigate the symptoms or effects of the person’s chronic or debilitating
medical condition; or
(b) Is a person who:
(1) Is assisting a person described in paragraph (a) in the
medical use of marijuana; and
(2) Possesses, delivers or produces marijuana only in the
amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person
proves by a preponderance of the evidence that the greater amount is
medically necessary as determined by the assisted person’s attending
physician to mitigate the symptoms or effects of the assisted person’s
chronic or debilitating medical condition.
2. A person need not hold a registry identification card issued to
him by the Department or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defense described
in this section.
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 of marijuana is not precluded from:
(a) Asserting a defense of medical necessity; or
(b) Presenting evidence supporting the necessity of marijuana for
treatment of a specific disease or medical condition,
Ê if the amount of marijuana at issue is not greater than the amount
described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply
substantially with the provisions of this chapter.
4. A defendant who intends to offer an affirmative defense
described in this section shall, not less than 5 days before trial or at
such other time as the court directs, file and serve upon the prosecuting
attorney a written notice of his intent to claim the affirmative defense.
The written notice must:
(a) State specifically why the defendant believes he is entitled to
assert the affirmative defense; and
(b) Set forth the factual basis for the affirmative defense.
Ê A defendant who fails to provide notice of his intent to claim an
affirmative defense as required pursuant to this subsection may not
assert the affirmative defense at trial unless the court, for good cause
shown, orders otherwise.
(Added to NRS by 2001, 3061 )
SEARCH AND SEIZURE
1. The fact that a person possesses a registry identification card
issued to him by the Department or its designee pursuant to NRS 453A.220
or 453A.250 does not, alone:
(a) Constitute probable cause to search the person or his property;
or
(b) Subject the person or his property to inspection by any
governmental agency.
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 or
assisting in the medical use of marijuana:
(a) The law enforcement agency shall ensure that the marijuana,
drug paraphernalia or other related property is not destroyed while in
the possession of the law enforcement agency.
(b) Any property interest of the person from whom the marijuana,
drug paraphernalia or other related property was seized must not be
forfeited pursuant to any provision of law providing for the forfeiture
of property, except as part of a sentence imposed after conviction of a
criminal offense.
(c) Upon a determination by the district attorney of the county in
which the marijuana, drug paraphernalia or other related property was
seized, or his designee, that the person from whom the marijuana, drug
paraphernalia or other related property was seized is engaging in or
assisting in the medical use of marijuana in accordance with the
provisions of this chapter, the law enforcement agency shall immediately
return to that person any usable marijuana, marijuana plants, drug
paraphernalia or other related property that was seized.
Ê The provisions of this subsection do not require a law enforcement
agency to care for live marijuana plants.
3. For the purposes of paragraph (c) of subsection 2, the
determination of a district attorney or his designee that a person is
engaging in or assisting in the medical use of marijuana in accordance
with the provisions of this chapter shall be deemed to be evidenced by:
(a) A decision not to prosecute;
(b) The dismissal of charges; or
(c) Acquittal.
(Added to NRS by 2001, 3062 )
ACTIONS OF PROFESSIONAL LICENSING BOARDS
The Board of Medical Examiners or
the State Board of Osteopathic Medicine, as applicable, shall not take
any disciplinary action against an attending physician on the basis that
the attending physician:
1. Advised a person whom the attending physician has diagnosed as
having a chronic or debilitating medical condition, or a person whom the
attending physician knows has been so diagnosed by another physician
licensed to practice medicine pursuant to the provisions of chapter 630
of NRS or licensed to practice osteopathic
medicine pursuant to the provisions of chapter 633 of NRS:
(a) About the possible risks and benefits of the medical use of
marijuana; or
(b) That the medical use of marijuana may mitigate the symptoms or
effects of the person’s chronic or debilitating medical condition,
Ê if the advice is based on the attending physician’s personal assessment
of the person’s medical history and current medical condition.
2. Provided the written documentation required pursuant to
paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a registry
identification card or pursuant to subparagraph (1) of paragraph (b) of
subsection 1 of NRS 453A.230 for the
renewal of a registry identification card, if:
(a) Such documentation is based on the attending physician’s
personal assessment of the person’s medical history and current medical
condition; and
(b) The physician has advised the person about the possible risks
and benefits of the medical use of marijuana.
(Added to NRS by 2001, 3063 ; A 2003, 1180 , 1434 )
A professional
licensing board shall not take any disciplinary action against a person
licensed by the board on the basis that:
1. The person engages in or has engaged in the medical use of
marijuana in accordance with the provisions of this chapter; or
2. The person acts as or has acted as the designated primary
caregiver of a person who holds a registry identification card issued to
him pursuant to paragraph (a) of subsection 1 of NRS 453A.220 .
(Added to NRS by 2001, 3063 )
RESEARCH; APPROVAL OF FEDERAL GOVERNMENT
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.
(Added to NRS by 2001, 3064 )
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 NRS 453A.600 ; 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
NRS 453A.600 .
Ê 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 NRS 453A.600 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.
(Added to NRS by 2001, 3064 )
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 NRS
453A.600 .
2. Any money the Department of Administration receives pursuant to
subsection 1 must be deposited in the State Treasury pursuant to NRS
453A.630 .
(Added to NRS by 2001, 3065 )
1. Any money the Department of Administration of the University of
Nevada School of Medicine receives pursuant to NRS 453A.620 or that is appropriated to carry out the
provisions of NRS 453A.600 :
(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 NRS 453A.600
, 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.
(Added to NRS by 2001, 3065 )
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 this chapter.
2. A program pursuant to which the Department may produce and
deliver marijuana to persons who use marijuana in accordance with the
provisions of this chapter.
(Added to NRS by 2001, 3065 )
MISCELLANEOUS PROVISIONS
1. Except as otherwise provided in this section and subsection 4
of NRS 453A.210 , the Department and
any designee of the Department shall maintain the confidentiality of and
shall not disclose:
(a) The contents of any applications, records or other written
documentation that the Department or its designee creates or receives
pursuant to the provisions of this chapter; or
(b) The name or any other identifying information of:
(1) An attending physician; or
(2) A person who has applied for or to whom the Department
or its designee has issued a registry identification card.
Ê 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 information of
a person to whom the Department or its designee has issued a registry
identification card to:
(a) Authorized employees of the Department or its designee as
necessary to perform official duties of the Department; and
(b) Authorized employees of state and local law enforcement
agencies, only as necessary to verify that a person is the lawful holder
of a registry identification card issued to him pursuant to NRS 453A.220
or 453A.250 .
(Added to NRS by 2001, 3063 )
1. A person may submit to the Division a petition requesting that
a particular disease or condition be included among the diseases and
conditions that qualify as chronic or debilitating medical conditions
pursuant to NRS 453A.050 .
2. The Division shall adopt regulations setting forth the manner
in which the Division will accept and evaluate petitions submitted
pursuant to this section. The regulations must provide, without
limitation, that:
(a) The Division will approve or deny a petition within 180 days
after the Division receives the petition;
(b) If the Division approves a petition, the Division will, as soon
as practicable thereafter, transmit to the Department information
concerning the disease or condition that the Division has approved; and
(c) The decision of the Division to deny a petition is a final
decision for the purposes of judicial review.
(Added to NRS by 2001, 3064 )
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 NRS 453A.730 .
(Added to NRS by 2001, 3065 )
1. Any money the Director of the Department receives pursuant to
NRS 453A.720 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
this chapter 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.
(Added to NRS by 2001, 3066 )
The Director of the Department
shall adopt such regulations as the Director determines are necessary to
carry out the provisions of this chapter. The regulations must set forth,
without limitation:
1. Procedures pursuant to which the State Department of
Agriculture will, in cooperation with the Department of Motor Vehicles,
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; or
(b) Designate the Department of Motor Vehicles to issue a registry
identification card to a person if:
(1) The person presents to the Department of Motor Vehicles
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, 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.
3. Fees for:
(a) Providing to an applicant an application for a registry
identification card, which fee must not exceed $50; and
(b) Processing and issuing a registry identification card, which
fee must not exceed $150.
(Added to NRS by 2001, 3066 ; A 2003, 1434 )
The provisions of this chapter do not:
1. Require an insurer, organization for managed care or any person
or entity who provides coverage for a medical or health care service to
pay for or reimburse a person for costs associated with the medical use
of marijuana.
2. Require any employer to accommodate the medical use of
marijuana in the workplace.
(Added to NRS by 2001, 3065 )
The
State must not be held responsible for any deleterious outcomes from the
medical use of marijuana by any person.
(Added to NRS by 2001, 3066 )
