Relaxing of marijuana penalties, distribution methods proposed

Tuesday, March 20, 2001 | 9:47 a.m.

CARSON CITY -- Assemblywoman Chris Giunchigliani is calling for a reduction in the penalty for possession of marijuana and the establishment of a system for distribution of the drug for medical purposes.

Assembly Bill 453, introduced by Giunchigliani, D-Las Vegas, would lower the penalty for possession of 1 ounce or less of marijuana to a misdemeanor with a maximum fine of $600. A second offense would carry a maximum fine of $1,000 and the person would have to be referred to a treatment and rehabilitation program. The third and subsequent offenses would be gross misdemeanors with a maximum fine of $2,000.

Possession of marijuana is now a felony.

Giunchigliani's bill also sets up the machinery for the constitutional amendment approved by the voters to allow the use of marijuana to relieve pain and possibly cure chronic or debilitating illnesses, such as AIDS, cancer and glaucoma.

A patient would get a statement signed by a doctor that the individual has been diagnosed with a chronic or debilitating medical condition. The patient would then register with the state Department of Agriculture, which would issue identification cards. The cards would cost up to $150 and would be good for a year.

The patient could have up to 2 ounces of marijuana, but the bill does not address how the individual would acquire the drug.

Other issues the bill addresses include: A person's home could not be searched just because he has a registry identification card; insurance companies would not be required to pay the cost of the marijuana; a state board could not take disciplinary action against a physician who prescribes the marijuana; and the state would not be held responsible for any "deleterious outcomes" from the medical use of marijuana by any person.

The bill was referred to the Judiciary and Ways and Means committees.