Marijuana measure passes; ball in hands of feds now

Monday, June 4, 2001 | 10:28 a.m.

CARSON CITY -- The bill allowing people with chronic or debilitating illnesses to grow their own marijuana for relief has been approved by the Senate, but it's uncertain what action, if any, the federal government will take.

Assembly Bill 463 was approved 15-6 Sunday and was returned to the Assembly for expected agreement on minor amendments. The bill then goes to Gov. Kenny Guinn.

Assemblywoman Chris Giunchigliani, D-Las Vegas, the bill's sponsor, said the Senate amendments strengthen the legislation. The measure also reduces the penalty for possession of less than an ounce of marijuana to a misdemeanor.

She did not see any trouble in adopting the Senate amendments in the Assembly.

Sen. Ray Rawson, R-Las Vegas, in pushing the bill in the Senate, said marijuana has been used for medicinal purposes in the past, but there haven't been any studies to show its effectiveness.

When the Nevada system goes into effect, he said, he did not know whether the federal government would start prosecuting people who qualify for medical marijuana.

The bill allows people with chronic or debilitating illnesses to get a recommendation from a physician that they should be able to use marijuana to relieve the pain or treat the illness.

Those people would get a permit from the state Department of Agriculture, then be allowed to possess one ounce of marijuana and have three mature marijuana plants and four immature marijuana plants.

They could not smoke it in a public place, while in a car or when possessing a firearm.

Rawson added amendments to the bill to require the University of Nevada Medical School to conduct a study on the people who use medical marijuana. Individuals could volunteer to take part in the study.

But the medical school would first have to get approval from the federal government.

In addition, the bill says the Agriculture Department should apply to the federal government to start a seed bank to supply residents with their marijuana.

Giunchigliani said she did not anticipate the federal government approving the projects "until they change some of their archaic laws on their books." She said the public support in Nevada and other states may force Congress to take another look at the drug laws.

The bill also reduces possession of less than an ounce of marijuana from a felony to a misdemeanor. The first offense carries a $600 fine or the individual can be required to undergo an examination to determine if he is a drug addict and be assigned to a treatment program.

The second offense carries a $1,000 fine and assignment to a drug treatment program. The third offense is a gross misdemeanor and the fourth offense is a felony.

Voters in Nevada twice approved the constitutional amendment to allow the use of medical marijuana. But a decision by the U.S. Supreme Court recently struck down California's distribution system for marijuana.

Rawson said the Legislative Counsel Bureau has issued a legal opinion that the Supreme Court case does not apply to the Nevada law.