Medical pot bill clears committee

Friday, April 13, 2001 | 10:29 a.m.

CARSON CITY -- A bill establishing the guidelines for persons with chronic or debilitating illnesses to grow and use marijuana has cleared the Assembly Judiciary Committee.

The bill would also reduce the penalty for first-time possession of a small amount of marijuana.

Assembly Bill 453 would allow individuals to grow their own marijuana but would prohibit use of the drug in public.

By an overwhelming majority in two elections, Nevadans voted to include in the state constitution a right to use marijuana to relieve pain or to treat such illnesses as multiple sclerosis, epilepsy, severe nausea, severe pain, cancer, glaucoma and AIDS.

An individual would get a statement from his or her doctor that the person has a chronic or debilitating medical condition. The individual would then apply to the state Department of Agriculture for a registry card. The caregiver for the individual could also receive a card from the state.

The bill by Assemblywoman Chris Giunchigliani, D-Las Vegas, would at a later date set the amount and the number of plants that could be grown.

The more controversial section of the bill lowers from a felony to a misdemeanor first-time possession of 1 ounce or less of marijuana and carries a maximum fine of $600.

A second offense would be a misdemeanor also and the maximum fine would rise to $1,000. The third offense would be a gross misdemeanor with a fine of up to $2,000 and possible assignment to a treatment program.

Those under 18 found in possession of an ounce or less could be fined $300, with a second offense having the maximum penalty of 10 days in a detention facility, a $500 fine and assignment to a treatment program.

Assemblyman Greg Brower, R-Reno, who with Sharron Angle, R-Reno, voted against the bill, said he does not think the system for medical marijuana will be very effective in getting the drugs to those who need them. And he suggested it will "run afoul" of the federal government, which has fought the marijuana law in California and other states.

He also opposed reducing the penalty. District judges in Washoe County want to see the felony penalty continue, he said, because they hold it over the heads of the defendants to get treatment. And the charges are usually lowered, he said.

Giunchigliani said the judges she has talked to favor the reduced penalty.

The committee voted 11-2 for the bill, which now goes to the Assembly Ways and Means Committee.