Pubdate: Fri, 31 Aug 2001
Source: Las Vegas Review-Journal (NV)
Copyright: 2001 Las Vegas Review-Journal
Contact:  http://www.lvrj.com/
Details: http://www.mapinc.org/media/233
Author: Sean Whaley
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

BOARD OF AGRICULTURE: PANEL ADOPTS MARIJUANA RULES

Program Starts In About A Month For Some Patients

CARSON CITY -- A state-run medical marijuana program allowing 
physician-approved patients to grow and use the drug will begin Oct. 
1 after unanimous approval of regulations Thursday by the Board of 
Agriculture.

Nevada is the ninth state to offer a medical marijuana program after 
action by the 2001 Legislature. Under the state law, qualified 
patients suffering from AIDS, cancer and other illnesses, or nausea 
related to those illnesses, can grow small amounts of the drug in 
their homes for personal use.

The Department of Agriculture was designated as the agency to 
administer the program. Regulations were approved by the board after 
a public hearing that prompted testimony from only one person.

"We're ready to run an effective program," said Paul Iverson, 
director of the agency.

But some members of the board had misgivings, both with regard to the 
use of marijuana and the cost to the agency of administering a 
program without funding. The Legislature, citing budget constraints, 
provided no money to operate the program.

"I think this is a major slippery slope here," said board member John 
Cooper of Sparks.

He questioned what would happen if a physician was too liberal in 
approving the use of medical marijuana, and what would happen to 
someone in the program who used the drug while driving.

Iverson said there are a number of prohibitions regarding the use of 
medical marijuana. Using the drug in public or driving while under 
its influence is illegal. Anyone caught driving under the influence 
would be subject to Nevada's criminal laws, he said.

Gina Session, representing the attorney general's office, said the 
Board of Medical Examiners, which governs physicians, will monitor 
Nevada doctors' involvement in the program. The law requires a 
licensed Nevada physician to sign a form authorizing a patient to 
become a member of the program.

At a public hearing on the program held by the agency last week, 
there was some discussion about whether Nevada doctors would be 
willing to sign the form required for a person to enroll in the 
program.

Larry Matheis, executive director of the Nevada State Medical 
Association, said Thursday he does not know what to expect when the 
law takes effect. A physician may feel strongly about the program and 
decide to authorize, he said.

"We're taking it step-by-step," Matheis said. "We just want to make 
sure that neither the physician or the patient is harmed."

Officials with the Board of Medical Examiners have declined to 
comment on the program. Members of the board could not be reached 
either.

At the public hearing last week in the capital, Ed Foster, a 
spokesman for the Agriculture Department, said when a similar program 
was initiated in Oregon, it took more than 90 days before a doctor 
was willing to authorize use of the plant for a patient.

Once the first doctor committed to the program, others quickly 
followed, he said.

Nevada's program is modeled after the Oregon plan.

Don Henderson, assistant administrator of the Agriculture Department, 
told the board that so far the federal government has not moved to 
enforce its laws against marijuana use and possession in states where 
medical marijuana programs are in place.

But participants in the program would still be subject to federal 
prosecution, he said.

The Agriculture Department will process the applications, but the 
agency will not be a major source of information on medical 
marijuana. Participants will have to obtain their own seeds and grow 
their own plants.

Iverson said about 100 people have contacted the agency expressing an 
interest in an application. There is no fee for the application, 
although participants have to be fingerprinted at their local law 
enforcement agency and obtain a photo identification from the 
Department of Motor Vehicles.

Iverson said the agency has received about $1,000 in donations to 
operate the program.

(SIDEBAR)

GUIDELINES

Highlights of Nevada's medical marijuana program:

- - Program begins Oct. 1.

- - Applications can be requested beginning Sept. 24 by writing to 
Program Manager Cecile Crofoot, Nevada Department of Agriculture, 
P.O. Box 948, Carson City, NV 89702-0948.

- - No application fee.

- - Participants can have no more than 1 ounce of harvested marijuana 
in their possession and no more than seven plants.

- - Participants must obtain their own seeds.

- - A photo identification card from Department of Motor Vehicles must 
be obtained.

- - The signature of a licensed Nevada physician is required.

- - Program participants cannot use marijuana in public.

- - Program participants cannot drive a vehicle while under the 
influence of marijuana.

- - Failure to notify the Agriculture Department of a change of address 
or other change within seven days can result in expulsion.

- - Annual renewal required.
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