California’s legal pot concerns Nevada AG

Tuesday, Nov. 26, 1996 | 11:59 a.m.

CARSON CITY -- The state attorney general's office is researching whether people should be prosecuted for drug possession in Nevada if they have medical prescriptions for marijuana issued in California.

"There is some question for interpretation of the law," said Misty Young, spokeswoman for Attorney General Frankie Sue Del Papa. "We're looking into it."

But Keith Macdonald, executive director of the state Pharmacy Board, said a person with a doctor's recommendation for marijuana from California won't get it filled at a Nevada drug store.

"There is no product available and it is not an approved drug in this state," he said. He suggested bringing it into this state would be a "violation of Nevada law."

Some district attorneys say there may be a loophole in the law that would permit persons carrying pot who have valid prescriptions in neighboring states, to escape prosecution in Nevada.

District Attorney Noel Waters of Carson City cites the law, which says, "It is unlawful for a person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a physician..."

Waters said, "If somebody has a prescription, I don't think I can charge him unless somebody can explain to me how that law doesn't say what it apparently says."

District Attorney Dick Gammick of Reno says the Legislature may have to clear up the law in this regard.

Young said district attorneys will have to make the decision whether to prosecute. She said the prosecution could be pursued so the courts would have to decide. Or the Legislature could be asked to clarify the law.

Mcdonald said there is much evidence to show that marijuana has harmful side effects. He said other issues also enter the picture.

For instance, he asked: Can a person, such as a truck driver with a prescription smoke marijuana as he or she is wheeling down the highway? Or can a student pull out the marijuana and light up in a classroom?

Assistant Attorney General Brooke Nielsen said her office will thoroughly research the subject before trying to answer the questions.