Bill passed last legislative session may make growing marijuana

John Wilkerson

Saturday, Feb. 24, 2001 | 10:08 a.m.

CARSON CITY - Nevada legislators are scrambling to fix a law passed in 1999 that could be interpreted to allow individuals to legally grow up to 99 pounds of marijuana.

Prosecutors advised legislators that a bill was needed to fix the potential problem, and on Friday the Senate Judiciary Committee agreed to introduce the needed measure.

Senate Judiciary Chairman Mark James said he thought Nevada's ban on growing marijuana was intact, but learned that the 1999 action made the statute open to interpretation.

"As it is, if you grew marijuana it wouldn't be a crime unless you had enough of it to be charged for trafficking," James added.

James also said the committee's bill patching up the original law won't conflict with a voter mandate that the Legislature establish a method of distributing medical marijuana.

"We will consider making an appropriate exemption to implement the medical marijuana law," James said. "It wouldn't be right to make criminals out of people who are trying to implement the medical marijuana law."

Voters authorized use of marijuana by cancer, AIDS and glaucoma victims. The Legislature must come up with a way of keeping track of people needing medical marijuana, and ensuring they can get the otherwise illegal hemp.

Assemblywoman Chris Giunchigliani, D-Las Vegas wants to set up a state registry of marijuana users similar to the registry operated by state health officials in Oregon.

Unlike Oregon, which lets authorized users grow marijuana plants, she wants the state to provide marijuana, possibly through a state-run farm.

Giunchigliani also has introduced a bill that would reduce penalties for possession of marijuana. Under the bill, people with small amounts of marijuana would have to pay $500 penalties. When convicted a second time, they also must attend a course on drug usage.

Nevada law now makes possession of any amount of marijuana a felony offense, though generally offenders bargain the crime down to a lesser penalty.