Assembly Bill No. 453–Assemblywoman Giunchigliani

 

CHAPTER..........

 

AN ACT relating to controlled substances; exempting the medical use of marijuana from state prosecution in certain circumstances; revising the penalties for possessing marijuana; and providing other matters properly relating thereto.

 

   Whereas, Modern medical research, including the report Marijuana and Medicine: Assessing the Science Base that was released by the Institute of Medicine in 1999, indicates that there is a potential therapeutic value of using marijuana for alleviating pain and other symptoms associated with certain chronic or debilitating medical conditions, including, without limitation, cancer, glaucoma, acquired immunodeficiency syndrome, epilepsy and multiple sclerosis; and

   Whereas, The State of Nevada has a high incidence of such medical conditions and also has a large and increasing population of senior citizens who may suffer from medical conditions for which the use of marijuana may be useful in managing the pain that results from those conditions; and

   Whereas, The people of the State of Nevada recognized the importance of this research and the need to provide the option for those suffering from certain medical conditions to alleviate their pain with the medical use of marijuana, and in the general elections held in 1998 and 2000, voiced their overwhelming support for a constitutional amendment to allow for the medical use of marijuana in this state under certain circumstances; and

   Whereas, While the legislature respects the important and difficult decisions the Federal Government faces in exercising the powers delegated to it by the United States Constitution to establish policies and rules that are in the best interest of this nation, the State of Nevada as a sovereign state has the duty to carry out the will of the people of this state and to regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana; and

   Whereas, This state should continue to study the benefits of the medical use of marijuana to develop new ways in which the medical use of marijuana may improve the lives of residents of this state who are suffering from chronic or debilitating conditions, and to include in such a study an examination of all established and approved federal protocols; and

   Whereas, Many residents of this state have suffered the negative consequences of abuse of and addiction to marijuana, and it is important for the legislature to ensure that the program established for the distribution and medical use of marijuana is designed in such a manner as not to harm the residents of this state by contributing to the general abuse of and addiction to marijuana; and

   Whereas, A majority of the men and women in our penal institutions have been convicted of offenses that involve the unlawful use of drugs, many involving marijuana, and there is a need for revising our statutes concerning persons who unlawfully possess smaller quantities of marijuana based on the premise that the rehabilitation of such users is a more appropriate and economical way to prevent recidivism and to address the problems that result from the abuse of marijuana; and


   Whereas, The legislature is strongly committed to evaluating the medical use of marijuana and recognizes the importance of its obligation to review the program for the distribution and medical use of marijuana and any related study conducted by the University of Nevada School of Medicine, to determine whether the program and study are effectively addressing the best interests of the people of the State of Nevada; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. Title 40 of NRS is hereby amended by adding thereto a

new chapter to consist of the provisions set forth as sections 2 to 33,

inclusive, of this act.

   Sec. 2.  As used in this chapter, unless the context otherwise

requires, the words and terms defined in sections 3 to 16, inclusive, of

this act have the meanings ascribed to them in those sections.

   Sec. 3.  “Administer” has the meaning ascribed to it in NRS 453.021.

   Sec. 4.  “Attending physician” means a physician who:

   1.  Is licensed to practice medicine pursuant to the provisions of

chapter 630 of NRS; and

   2.  Has primary responsibility for the care and treatment of a person

diagnosed with a chronic or debilitating medical condition.

   Sec. 5.  “Cachexia” means general physical wasting and

malnutrition associated with chronic disease.

   Sec. 6.  “Chronic or debilitating medical condition” means:

   1.  Acquired immune deficiency syndrome;

   2.  Cancer;

   3.  Glaucoma;

   4.  A medical condition or treatment for a medical condition that

produces, for a specific patient, one or more of the following:

   (a) Cachexia;

   (b) Persistent muscle spasms, including, without limitation, spasms

caused by multiple sclerosis;

   (c) Seizures, including, without limitation, seizures caused by

epilepsy;

   (d) Severe nausea; or

   (e) Severe pain; or

   5.  Any other medical condition or treatment for a medical condition

that is:

   (a) Classified as a chronic or debilitating medical condition by

regulation of the division; or

   (b) Approved as a chronic or debilitating medical condition pursuant

to a petition submitted in accordance with section 30 of this act.

   Sec. 7.  “Deliver” or “delivery” has the meaning ascribed to it in

NRS 453.051.

   Sec. 8.  “Department” means the state department of agriculture.

   Sec. 9.  1.  “Designated primary caregiver” means a person who:

   (a) Is 18 years of age or older;


   (b) Has significant responsibility for managing the well-being of a

person diagnosed with a chronic or debilitating medical condition; and

   (c) Is designated as such in the manner required pursuant to section

23 of this act.

   2.  The term does not include the attending physician of a person

diagnosed with a chronic or debilitating medical condition.

   Sec. 10.  “Division” means the health division of the department of

human resources.

   Sec. 11.  “Drug paraphernalia” has the meaning ascribed to it in

NRS 453.554.

   Sec. 12.  “Marijuana” has the meaning ascribed to it in

NRS 453.096.

   Sec. 13.  “Medical use of marijuana” means:

   1.  The possession, delivery, production or use of marijuana;

   2.  The possession, delivery or use of paraphernalia used to

administer marijuana; or

   3.  Any combination of the acts described in subsections 1

and 2,

as necessary for the exclusive benefit of a person to mitigate the

symptoms or effects of his chronic or debilitating medical condition.

   Sec. 13.5.  “Production” has the meaning ascribed to it in

NRS 453.131.

   Sec. 14.  “Registry identification card” means a document issued by

the department or its designee that identifies:

   1.  A person who is exempt from state prosecution for engaging in the

medical use of marijuana; or

   2.  The designated primary caregiver, if any, of a person described in

subsection 1.

   Sec. 14.5.  “State prosecution” means prosecution initiated or

maintained by the State of Nevada or an agency or political subdivision

of the State of Nevada.

   Sec. 15.  1.  “Usable marijuana” means the dried leaves and flowers

of a plant of the genus Cannabis, and any mixture or preparation

thereof, that are appropriate for the medical use of marijuana.

   2.  The term does not include the seeds, stalks and roots of the plant.

   Sec. 16.  “Written documentation” means:

   1.  A statement signed by the attending physician of a person

diagnosed with a chronic or debilitating medical condition; or

   2.  Copies of the relevant medical records of a person diagnosed with

a chronic or debilitating medical condition.

   Sec. 17.  1.  Except as otherwise provided in this section and section

24 of this act, a person who holds a valid registry identification card

issued to him pursuant to section 20 or 23 of this act is exempt from state

prosecution for:

   (a) Possession, delivery or production of marijuana;

   (b) Possession or delivery of drug paraphernalia;

   (c) Aiding and abetting another in the possession, delivery or

production of marijuana;

   (d) Aiding and abetting another in the possession or delivery of drug

paraphernalia;


   (e) Any combination of the acts described in paragraphs (a) to (d),

inclusive; and

   (f) Any other criminal offense in which the possession, delivery or

production of marijuana or the possession or delivery of drug

paraphernalia is an element.

   2.  In addition to the provisions of subsection 1, no person may be

subject to state prosecution for constructive possession, conspiracy or

any other criminal offense solely for being in the presence or vicinity of

the medical use of marijuana in accordance with the provisions of this

chapter.

   3.  The exemption from state prosecution set forth in subsection 1

applies only to the extent that a person who holds a registry identification

card issued to him pursuant to paragraph (a) of subsection 1 of section

20 of this act, and the designated primary caregiver, if any, of such a

person:

   (a) Engage in or assist in, as applicable, the medical use of marijuana

in accordance with the provisions of this chapter as justified to mitigate

the symptoms or effects of the person’s chronic or debilitating medical

condition; and

   (b) Do not, at any one time, collectively possess, deliver or produce

more than:

     (1) One ounce of usable marijuana;

     (2) Three mature marijuana plants; and

     (3) Four immature marijuana plants.

   4.  If the persons described in subsection 3 possess, deliver or produce

marijuana in an amount which exceeds the amount described in

paragraph (b) of that subsection, those persons:

   (a) Are not exempt from state prosecution for possession, delivery or

production of marijuana.

   (b) May establish an affirmative defense to charges of possession,

delivery or production of marijuana, or any combination of those acts, in

the manner set forth in section 25 of this act.

   Sec. 18.  (Deleted by amendment.)

   Sec. 19.  1.  The department shall establish and maintain a program

for the issuance of registry identification cards to persons who meet the

requirements of this section.

   2.  Except as otherwise provided in subsections 3 and 5, the

department or its designee shall issue a registry identification card to a

person who submits an application on a form prescribed by the

department accompanied by the following:

   (a) Valid, written documentation from the person’s attending

physician stating that:

     (1) The person has been diagnosed with a chronic or debilitating

medical condition;

     (2) The medical use of marijuana may mitigate the symptoms or

effects of that condition; and

     (3) The attending physician has explained the possible risks and

benefits of the medical use of marijuana;

   (b) The name, address, telephone number, social security number and

date of birth of the person;


   (c) The name, address and telephone number of the person’s

attending physician; and

   (d) If the person elects to designate a primary caregiver at the time of

application:

     (1) The name, address, telephone number and social security

number of the designated primary caregiver; and

     (2) A written, signed statement from his attending physician in

which the attending physician approves of the designation of the primary

caregiver.

   3.  The department or its designee shall issue a registry identification

card to a person who is under 18 years of age if:

   (a) The person submits the materials required pursuant to subsection

2; and

   (b) The custodial parent or legal guardian with responsibility for

health care decisions for the person under 18 years of age signs a written

statement setting forth that:

     (1) The attending physician of the person under 18 years of age has

explained to that person and to the custodial parent or legal guardian

with responsibility for health care decisions for the person under 18

years of age the possible risks and benefits of the medical use of

marijuana;

     (2) The custodial parent or legal guardian with responsibility for

health care decisions for the person under 18 years of age consents to the

use of marijuana by the person under 18 years of age for medical

purposes;

     (3) The custodial parent or legal guardian with responsibility for

health care decisions for the person under 18 years of age agrees to serve

as the designated primary caregiver for the person under 18 years of

age; and

     (4) The custodial parent or legal guardian with responsibility for

health care decisions for the person under 18 years of age agrees to

control the acquisition of marijuana and the dosage and frequency of use

by the person under 18 years of age.

   4.  The form prescribed by the department to be used by a person

applying for a registry identification card pursuant to this section must

be a form that is in quintuplicate. Upon receipt of an application that is

completed and submitted pursuant to this section, the department shall:

   (a) Record on the application the date on which it was received;

   (b) Retain one copy of the application for the records of the

department; and

   (c) Distribute the other four copies of the application in the following

manner:

     (1) One copy to the person who submitted the application;

     (2) One copy to the applicant’s designated primary caregiver,

if any;

     (3) One copy to the central repository for Nevada records of

criminal history; and

     (4) One copy to the board of medical examiners.

The central repository for Nevada records of criminal history shall report

to the department its findings as to the criminal history, if any, of an


applicant within 15 days after receiving a copy of an application

pursuant to subparagraph (3) of paragraph (c). The board of medical

examiners shall report to the department its findings as to the licensure

and standing of the applicant’s attending physician within 15 days after

receiving a copy of an application pursuant to subparagraph (4) of

paragraph (c).

   5.  The department shall verify the information contained in an

application submitted pursuant to this section and shall approve or deny

an application within 30 days after receiving the application. The

department may contact an applicant, his attending physician and

designated primary caregiver, if any, by telephone to determine that the

information provided on or accompanying the application is accurate.

The department may deny an application only on the following grounds:

   (a) The applicant failed to provide the information required pursuant

to subsections 2 and 3 to:

     (1) Establish his chronic or debilitating medical condition; or

     (2) Document his consultation with an attending physician

regarding the medical use of marijuana in connection with that

condition;

   (b) The applicant failed to comply with regulations adopted by the

department, including, without limitation, the regulations adopted by the

director pursuant to section 32 of this act;

   (c) The department determines that the information provided by the

applicant was falsified;

   (d) The department determines that the attending physician of the

applicant is not licensed to practice medicine in this state or is not in

good standing, as reported by the board of medical examiners;

   (e) The department determines that the applicant, or his designated

primary caregiver, if applicable, has been convicted of knowingly or

intentionally selling a controlled substance;

   (f) The department has prohibited the applicant from obtaining or

using a registry identification card pursuant to subsection 2 of section 24

of this act; or

   (g) In the case of a person under 18 years of age, the custodial parent

or legal guardian with responsibility for health care decisions for the

person has not signed the written statement required pursuant to

paragraph (b) of subsection 3.

   6.  The decision of the department to deny an application for a

registry identification card is a final decision for the purposes of judicial

review. Only the person whose application has been denied or, in the

case of a person under 18 years of age whose application has been

denied, the person’s parent or legal guardian, has standing to contest the

determination of the department. A judicial review authorized pursuant

to this subsection must be limited to a determination of whether the

denial was arbitrary, capricious or otherwise characterized by an abuse

of discretion and must be conducted in accordance with the procedures

set forth in chapter 233B of NRS for reviewing a final decision of an

agency.


   7.  A person whose application has been denied may not reapply for 6

months after the date of the denial, unless the department or a court of

competent jurisdiction authorizes reapplication in a shorter time.

   8.  Except as otherwise provided in this subsection, if a person has

applied for a registry identification card pursuant to this section and the

department has not yet approved or denied the application, the person,

and his designated primary caregiver, if any, shall be deemed to hold a

registry identification card upon the presentation to a law enforcement

officer of the copy of the application provided to him pursuant to

subsection 4. A person may not be deemed to hold a registry

identification card for a period of more than 30 days after the date on

which the department received the application.

   Sec. 20.  1.  If the department approves an application pursuant to

subsection 5 of section 19 of this act, the department or its designee shall,

as soon as practicable after the department approves the application:

   (a) Issue a serially numbered registry identification card to the

applicant; and

   (b) If the applicant has designated a primary caregiver, issue a serially

numbered registry identification card to the designated primary

caregiver.

   2.  A registry identification card issued pursuant to paragraph (a) of

subsection 1 must set forth:

   (a) The name, address, photograph and date of birth of the applicant;

   (b) The date of issuance and date of expiration of the registry

identification card;

   (c) The name and address of the applicant’s designated primary

caregiver, if any; and

   (d) Any other information prescribed by regulation of the department.

   3.  A registry identification card issued pursuant to paragraph (b) of

subsection 1 must set forth:

   (a) The name, address and photograph of the designated primary

caregiver;

   (b) The date of issuance and date of expiration of the registry

identification card;

   (c) The name and address of the applicant for whom the person is the

designated primary caregiver; and

   (d) Any other information prescribed by regulation of the department.

   4.  A registry identification card issued pursuant to this section is

valid for a period of 1 year and may be renewed in accordance with

regulations adopted by the department.

   Sec. 21.  1.  A person to whom the department or its designee has

issued a registry identification card pursuant to paragraph (a) of

subsection 1 of section 20 of this act shall, in accordance with

regulations adopted by the department:

   (a) Notify the department of any change in his name, address,

telephone number, attending physician or designated primary caregiver,

if any; and

   (b) Submit annually to the department:

     (1) Updated written documentation from his attending physician in

which the attending physician sets forth that:


        (I) The person continues to suffer from a chronic or debilitating

medical condition;

        (II) The medical use of marijuana may mitigate the symptoms or

effects of that condition; and

        (III) He has explained to the person the possible risks and

benefits of the medical use of marijuana; and

     (2) If he elects to designate a primary caregiver for the subsequent

year and the primary caregiver so designated was not the person’s

designated primary caregiver during the previous year:

        (I) The name, address, telephone number and social security

number of the designated primary caregiver; and

        (II) A written, signed statement from his attending physician in

which the attending physician approves of the designation of the primary

caregiver.

   2.  A person to whom the department or its designee has issued a

registry identification card pursuant to paragraph (b) of subsection 1 of

section 20 of this act or pursuant to section 23 of this act shall, in

accordance with regulations adopted by the department, notify the

department of any change in his name, address, telephone number or the

identity of the person for whom he acts as designated primary caregiver.

   3.  If a person fails to comply with the provisions of subsection 1 or 2,

the registry identification card issued to him shall be deemed expired. If

the registry identification card of a person to whom the department or its

designee issued the card pursuant to paragraph (a) of subsection 1 of

section 20 of this act is deemed expired pursuant to this subsection, a

registry identification card issued to the person’s designated primary

caregiver, if any, shall also be deemed expired. Upon the deemed

expiration of a registry identification card pursuant to this subsection:

   (a) The department shall send, by certified mail, return receipt

requested, notice to the person whose registry identification card has

been deemed expired, advising the person of the requirements of

paragraph (b); and

   (b) The person shall return his registry identification card to the

department within 7 days after receiving the notice sent pursuant to

paragraph (a).

   Sec. 22.  If a person to whom the department or its designee has

issued a registry identification card pursuant to paragraph (a) of

subsection 1 of section 20 of this act is diagnosed by his attending

physician as no longer having a chronic or debilitating medical

condition, the person and his designated primary caregiver, if any, shall

return their registry identification cards to the department within 7 days

after notification of the diagnosis.

   Sec. 23.  1.  If a person who applies to the department for a registry

identification card or to whom the department or its designee has issued

a registry identification card pursuant to paragraph (a) of subsection 1 of

section 20 of this act desires to designate a primary caregiver, the person

must:

   (a) To designate a primary caregiver at the time of application, submit

to the department the information required pursuant to paragraph (d) of

subsection 2 of section 19 of this act; or


   (b) To designate a primary caregiver after the department or its

designee has issued a registry identification card to him, submit to the

department the information required pursuant to subparagraph (2) of

paragraph (b) of subsection 1 of section 21 of this act.

   2.  A person may have only one designated primary caregiver at any

one time.

   3.  If a person designates a primary caregiver after the time that he

initially applies for a registry identification card, the department or its

designee shall, except as otherwise provided in subsection 5 of section 19

of this act, issue a registry identification card to the designated primary

caregiver as soon as practicable after receiving the information

submitted pursuant to paragraph (b) of subsection 1.

   Sec. 24.  1.  A person who holds a registry identification card issued

to him pursuant to section 20 or 23 of this act is not exempt from state

prosecution for, nor may he establish an affirmative defense to charges

arising from, any of the following acts: 

   (a) Driving, operating or being in actual physical control of a vehicle

or a vessel under power or sail while under the influence of marijuana.

   (b) Engaging in any other conduct prohibited by NRS 484.379,

484.3795, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or

493.130.

   (c) Possessing a firearm in violation of paragraph (b) of subsection 1

of NRS 202.257.

   (d) Possessing marijuana in violation of NRS 453.336 or possessing

drug paraphernalia in violation of NRS 453.560 or 453.566, if the

possession of the marijuana or drug paraphernalia is discovered because

the person engaged or assisted in the medical use of marijuana in:

     (1) Any public place or in any place open to the public or exposed to

public view; or

     (2) Any local detention facility, county jail, state prison,

reformatory or other correctional facility, including, without limitation,

any facility for the detention of juvenile offenders.

   (e) Delivering marijuana to another person who he knows does not

lawfully hold a registry identification card issued by the department or its

designee pursuant to section 20 or 23 of this act.

   (f) Delivering marijuana for consideration to any person, regardless

of whether the recipient lawfully holds a registry identification card

issued by the department or its designee pursuant to section 20 or 23 of

this act.

   2.  In addition to any other penalty provided by law, if the department

determines that a person has willfully violated a provision of this chapter

or any regulation adopted by the department or division to carry out the

provisions of this chapter, the department may, at its own discretion,

prohibit the person from obtaining or using a registry identification card

for a period of up to 6 months.

   Sec. 25.  1.  Except as otherwise provided in this section and section

24 of this act, it is an affirmative defense to a criminal charge of

possession, delivery or production of marijuana, or any other criminal

offense in which possession, delivery or production of marijuana is an

element, that the person charged with the offense:


   (a) Is a person who:

     (1) Has been diagnosed with a chronic or debilitating medical

condition within the 12-month period preceding his arrest and has been

advised by his attending physician that the medical use of marijuana may

mitigate the symptoms or effects of that chronic or debilitating medical

condition;

     (2) Is engaged in the medical use of marijuana; and

     (3) Possesses, delivers or produces marijuana only in the amount

described in paragraph (b) of subsection 3 of section 17 of this act or in

excess of that amount if the person proves by a preponderance of the

evidence that the greater amount is medically necessary as determined by

the person’s attending physician to mitigate the symptoms or effects of

the person’s chronic or debilitating medical condition; or

   (b) Is a person who:

     (1) Is assisting a person described in paragraph (a) in the medical

use of marijuana; and

     (2) Possesses, delivers or produces marijuana only in the amount

described in paragraph (b) of subsection 3 of section 17 of this act or in

excess of that amount if the person proves by a preponderance of the

evidence that the greater amount is medically necessary as determined by

the assisted person’s attending physician to mitigate the symptoms or

effects of the assisted person’s chronic or debilitating medical condition.

   2.  A person need not hold a registry identification card issued to him

by the department or its designee pursuant to section 20 or 23 of this act

to assert an affirmative defense described in this section.

   3.  Except as otherwise provided in this section and in addition to the

affirmative defense described in subsection 1, a person engaged or

assisting in the medical use of marijuana who is charged with a crime

pertaining to the medical use of marijuana is not precluded from:

   (a) Asserting a defense of medical necessity; or

   (b) Presenting evidence supporting the necessity of marijuana for

treatment of a specific disease or medical condition,

if the amount of marijuana at issue is not greater than the amount

described in paragraph (b) of subsection 3 of section 17 of this act and

the person has taken steps to comply substantially with the provisions of

this chapter.

   4.  A defendant who intends to offer an affirmative defense described

in this section shall, not less than 5 days before trial or at such other time

as the court directs, file and serve upon the prosecuting attorney a

written notice of his intent to claim the affirmative defense. The written

notice must:

   (a) State specifically why the defendant believes he is entitled to assert

the affirmative defense; and

   (b) Set forth the factual basis for the affirmative defense.

A defendant who fails to provide notice of his intent to claim an

affirmative defense as required pursuant to this subsection may not

assert the affirmative defense at trial unless the court, for good cause

shown, orders otherwise.


   Sec. 26.  1.  The fact that a person possesses a registry identification

card issued to him by the department or its designee pursuant to section

20 or 23 of this act does not, alone:

   (a) Constitute probable cause to search the person or his property; or

   (b) Subject the person or his property to inspection by any

governmental agency.

   2.  Except as otherwise provided in this subsection, if officers of a

state or local law enforcement agency seize marijuana, drug

paraphernalia or other related property from a person engaged or

assisting in the medical use of marijuana:

   (a) The law enforcement agency shall ensure that the marijuana, drug

paraphernalia or other related property is not destroyed while in the

possession of the law enforcement agency.

   (b) Any property interest of the person from whom the marijuana,

drug paraphernalia or other related property was seized must not be

forfeited pursuant to any provision of law providing for the forfeiture of

property, except as part of a sentence imposed after conviction of a

criminal offense.

   (c) Upon a determination by the district attorney of the county in

which the marijuana, drug paraphernalia or other related property was

seized, or his designee, that the person from whom the marijuana, drug

paraphernalia or other related property was seized is engaging in or

assisting in the medical use of marijuana in accordance with the

provisions of this chapter, the law enforcement agency shall immediately

return to that person any usable marijuana, marijuana plants, drug

paraphernalia or other related property that was seized.

The provisions of this subsection do not require a law enforcement

agency to care for live marijuana plants.

   3.  For the purposes of paragraph (c) of subsection 2, the

determination of a district attorney or his designee that a person is

engaging in or assisting in the medical use of marijuana in accordance

with the provisions of this chapter shall be deemed to be evidenced by:

   (a) A decision not to prosecute;

   (b) The dismissal of charges; or

   (c) Acquittal.

   Sec. 27.  The board of medical examiners shall not take any

disciplinary action against an attending physician on the basis that the

attending physician:

   1.  Advised a person whom the attending physician has diagnosed as

having a chronic or debilitating medical condition, or a person whom the

attending physician knows has been so diagnosed by another physician

licensed to practice medicine pursuant to the provisions of chapter 630 of

NRS:

   (a) About the possible risks and benefits of the medical use of

marijuana; or

   (b) That the medical use of marijuana may mitigate the symptoms or

effects of the person’s chronic or debilitating medical condition,

if the advice is based on the attending physician’s personal assessment of

the person’s medical history and current medical condition.


   2.  Provided the written documentation required pursuant to

paragraph (a) of subsection 2 of section 19 of this act for the issuance of

a registry identification card or pursuant to subparagraph (1) of

paragraph (b) of subsection 1 of section 21 of this act for the renewal of

a registry identification card, if:

   (a) Such documentation is based on the attending physician’s

personal assessment of the person’s medical history and current medical

condition; and

   (b) The physician has advised the person about the possible risks and

benefits of the medical use of marijuana.

   Sec. 28.  A professional licensing board shall not take any

disciplinary action against a person licensed by the board on the basis

that:

   1.  The person engages in or has engaged in the medical use of

marijuana in accordance with the provisions of this chapter; or

   2.  The person acts as or has acted as the designated primary

caregiver of a person who holds a registry identification card issued to

him pursuant to paragraph (a) of subsection 1 of section 20 of this act.

   Sec. 29.  1.  Except as otherwise provided in this section and

subsection 4 of section 19 of this act, the department and any designee of

the department shall maintain the confidentiality of and shall not

disclose:

   (a) The contents of any applications, records or other written

documentation that the department or its designee creates or receives

pursuant to the provisions of this chapter; or

   (b) The name or any other identifying information of:

     (1) An attending physician; or

     (2) A person who has applied for or to whom the department or its

designee has issued a registry identification card.

The items of information described in this subsection are confidential,

not subject to subpoena or discovery and not subject to inspection by the

general public.

   2.  Notwithstanding the provisions of subsection 1, the department or

its designee may release the name and other identifying information of a

person to whom the department or its designee has issued a registry

identification card to:

   (a) Authorized employees of the department or its designee as

necessary to perform official duties of the department; and

   (b) Authorized employees of state and local law enforcement agencies,

only as necessary to verify that a person is the lawful holder of a registry

identification card issued to him pursuant to section 20 or 23 of this act.

   Sec. 30.  1.  A person may submit to the division a petition

requesting that a particular disease or condition be included among the

diseases and conditions that qualify as chronic or debilitating medical

conditions pursuant to section 6 of this act.

   2.  The division shall adopt regulations setting forth the manner in

which the division will accept and evaluate petitions submitted pursuant

to this section. The regulations must provide, without limitation, that:

   (a) The division will approve or deny a petition within 180 days after

the division receives the petition;


   (b) If the division approves a petition, the division will, as soon as

practicable thereafter, transmit to the department information

concerning the disease or condition that the division has approved; and

   (c) The decision of the division to deny a petition is a final decision for

the purposes of judicial review.

   Sec. 30.1. 1.  The University of Nevada School of Medicine shall

establish a program for the evaluation and research of the medical use of

marijuana in the care and treatment of persons who have been diagnosed

with a chronic or debilitating medical condition.

   2.  Before the School of Medicine establishes a program pursuant to

subsection 1, the School of Medicine shall aggressively seek and must

receive approval of the program by the Federal Government pursuant to

21 U.S.C. § 823 or other applicable provisions of federal law, to allow the

creation of a federally approved research program for the use and

distribution of marijuana for medical purposes.

   3.  A research program established pursuant to this section must

include residents of this state who volunteer to act as participants and

subjects, as determined by the School of Medicine.

   4.  A resident of this state who wishes to serve as a participant and

subject in a research program established pursuant to this section may

notify the School of Medicine and may apply to participate by submitting

an application on a form prescribed by the department of administration

of the School of Medicine.

   5.  The School of Medicine shall, on a quarterly basis, report to the

interim finance committee with respect to:

   (a) The progress made by the School of Medicine in obtaining federal

approval for the research program; and

   (b) If the research program receives federal approval, the status of,

activities of and information received from the research program.

   Sec. 30.2.  1.  Except as otherwise provided in this section, the

University of Nevada School of Medicine shall maintain the

confidentiality of and shall not disclose:

   (a) The contents of any applications, records or other written

materials that the School of Medicine creates or receives pursuant to the

research program described in section 30.1 of this act; or

   (b) The name or any other identifying information of a person who

has applied to or who participates in the research program described in

section 30.1 of this act.

The items of information described in this subsection are confidential,

not subject to subpoena or discovery and not subject to inspection by the

general public.

   2.  Notwithstanding the provisions of subsection 1, the School of

Medicine may release the name and other identifying information of a

person who has applied to or who participates in the research program

described in section 30.1 to:

   (a) Authorized employees of the State of Nevada as necessary to

perform official duties related to the research program; and

   (b) Authorized employees of state and local law enforcement agencies,

only as necessary to verify that a person is a lawful participant in the

research program.


   Sec. 30.3. 1.  The department of administration of the University of

Nevada School of Medicine may apply for or accept any gifts, grants,

donations or contributions from any source to carry out the provisions of

section 30.1 of this act.

   2.  Any money the department of administration receives pursuant to

subsection 1 must be deposited in the state treasury pursuant to section

30.4 of this act.

   Sec. 30.4. 1.  Any money the department of administration of the

University of Nevada School of Medicine receives pursuant to section

30.3 of this act or that is appropriated to carry out the provisions of

section 30.1 of this act:

   (a) Must be deposited in the state treasury and accounted for

separately in the state general fund;

   (b) May only be used to carry out the provisions of section 30.1 of this

act, including the dissemination of information concerning the

provisions of that section and such other information as is determined

appropriate by the department of administration; and

   (c) Does not revert to the state general fund at the end of any fiscal

year.

   2.  The department of administration of the School of Medicine shall

administer the account. Any interest or income earned on the money in

the account must be credited to the account. Any claims against the

account must be paid as other claims against the state are paid.

   Sec. 30.5. The department shall vigorously pursue the approval of

the Federal Government to establish:

   1.  A bank or repository of seeds that may be used to grow marijuana

by persons who use marijuana in accordance with the provisions of

sections 2 to 33, inclusive, of this act.

   2.  A program pursuant to which the department may produce and

deliver marijuana to persons who use marijuana in accordance with the

provisions of sections 2 to 33, inclusive, of this act.

   Sec. 31.  The provisions of this chapter do not:

   1.  Require an insurer, organization for managed care or any person

or entity who provides coverage for a medical or health care service to

pay for or reimburse a person for costs associated with the medical use of

marijuana.

   2.  Require any employer to accommodate the medical use of

marijuana in the workplace.

   Sec. 31.3. 1.  The director of the department may apply for or

accept any gifts, grants, donations or contributions from any source to

carry out the provisions of this chapter.

   2.  Any money the director receives pursuant to subsection 1 must be

deposited in the state treasury pursuant to section 31.7 of this act.

   Sec. 31.7. 1.  Any money the director of the department receives

pursuant to section 31.3 of this act or that is appropriated to carry out the

provisions of this chapter:

   (a) Must be deposited in the state treasury and accounted for

separately in the state general fund;

   (b) May only be used to carry out the provisions of this chapter,

including the dissemination of information concerning the provisions of


sections 2 to 33, inclusive, of this act and such other information as

determined appropriate by the director; and

   (c) Does not revert to the state general fund at the end of any fiscal

year.

   2.  The director of the department shall administer the account. Any

interest or income earned on the money in the account must be credited

to the account. Any claims against the account must be paid as other

claims against the state are paid.

   Sec. 32.  The director of the department shall adopt such regulations

as the director determines are necessary to carry out the provisions of

this chapter. The regulations must set forth, without limitation:

   1.  Procedures pursuant to which the state department of agriculture

will, in cooperation with the department of motor vehicles and public

safety, cause a registry identification card to be prepared and issued to a

qualified person as a type of identification card described in NRS

483.810 to 483.890, inclusive. The procedures described in this

subsection must provide that the state department of agriculture will:

   (a) Issue a registry identification card to a qualified person after the

card has been prepared by the department of motor vehicles and public

safety; or

   (b) Designate the department of motor vehicles and public safety to

issue a registry identification card to a person if:

     (1) The person presents to the department of motor vehicles and

public safety valid documentation issued by the state department of

agriculture indicating that the state department of agriculture has

approved the issuance of a registry identification card to the person; and

     (2) The department of motor vehicles and public safety, before

issuing the registry identification card, confirms by telephone or other

reliable means that the state department of agriculture has approved the

issuance of a registry identification card to the person.

   2.  Criteria for determining whether a marijuana plant is a mature

marijuana plant or an immature marijuana plant.

   Sec. 33.  The state must not be held responsible for any deleterious

outcomes from the medical use of marijuana by any person.

   Sec. 34.  Chapter 453 of NRS is hereby amended by adding thereto the

provisions set forth as sections 35 and 36 of this act.

   Sec. 35.  The provisions of this chapter do not apply to the extent that

they are inconsistent with the provisions of sections 2 to 33, inclusive, of

this act.

   Sec. 36. 1.  A local authority may enact an ordinance adopting the

penalties set forth for misdemeanors in NRS 453.336 for similar offenses

under a local ordinance. The ordinance must set forth the manner in

which money collected from fines imposed by a court for a violation of

the ordinance must be disbursed in accordance with subsection 2.

   2.  Money collected from fines imposed by a court for a violation of

an ordinance enacted pursuant to subsection 1 must be evenly allocated

among:

   (a) Nonprofit programs for the treatment of abuse of alcohol or drugs

that are certified by the bureau of alcohol and drug abuse in the

department;


   (b) A program of treatment and rehabilitation established by a court

pursuant to NRS 453.580, if any; and

   (c) Local law enforcement agencies,

in a manner determined by the court.

   3.  As used in this section, “local authority” means the governing

board of a county, city or other political subdivision having authority to

enact ordinances.

   Sec. 37.  NRS 453.336 is hereby amended to read as follows:

   453.336  1.  A person shall not knowingly or intentionally possess a

controlled substance, unless the substance was obtained directly from, or

pursuant to, a prescription or order of a physician, osteopathic physician’s

assistant, physician assistant, dentist, podiatric physician, optometrist,

advanced practitioner of nursing or veterinarian while acting in the course

of his professional practice, or except as otherwise authorized by the

provisions of NRS 453.011 to 453.552, inclusive[.] , and sections 35 and

36 of this act.

   2.  Except as otherwise provided in subsections 3 [, 4 and 5] and 4 and

in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160,

453.3385, 453.339 or 453.3395, a person who violates this section shall be

punished:

   (a) For the first or second offense, if the controlled substance is listed in

schedule I, II, III or IV, for a category E felony as provided in

NRS 193.130.

   (b) For a third or subsequent offense, if the controlled substance is listed

in schedule I, II, III or IV, or if the offender has previously been convicted

two or more times in the aggregate of any violation of the law of the

United States or of any state, territory or district relating to a controlled

substance, for a category D felony as provided in NRS 193.130, and may

be further punished by a fine of not more than $20,000.

   (c) For the first offense, if the controlled substance is listed in schedule

V, for a category E felony as provided in NRS 193.130.

   (d) For a second or subsequent offense, if the controlled substance is

listed in schedule V, for a category D felony as provided in NRS 193.130.

   3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or

453.3385, a person who is convicted of the possession of flunitrazepam or

gamma-hydroxybutyrate, or any substance for which flunitrazepam or

gamma-hydroxybutyrate is an immediate precursor, is guilty of a category

B felony and shall be punished by imprisonment in the state prison for a

minimum term of not less than 1 year and a maximum term of not more

than 6 years.

   4.  [Unless a greater penalty is provided in NRS 212.160, a person who

is less than 21 years of age and is convicted of the possession of less than 1

ounce of marijuana:

   (a) For the first and second offense, is guilty of a category E felony and

shall be punished as provided in NRS 193.130.

   (b) For a third or subsequent offense, is guilty of a category D felony

and shall be punished as provided in NRS 193.130, and may be further

punished by a fine of not more than $20,000.

   5.  Before sentencing under the provisions of subsection 4 for a first

offense, the court shall require the parole and probation officer to submit a


presentencing report on the person convicted in accordance with the

provisions of NRS 176A.200. After the report is received but before

sentence is pronounced the court shall:

   (a) Interview the person convicted and make a determination as to the

possibility of his rehabilitation; and

   (b) Conduct a hearing at which evidence may be presented as to the

possibility of rehabilitation and any other relevant information.

   6.] Unless a greater penalty is provided pursuant to NRS 212.160, a

person who is convicted of the possession of 1 ounce or less of

marijuana:

   (a) For the first offense, is guilty of a misdemeanor and shall be:

     (1) Punished by a fine of not more than $600; or

     (2) Examined by an approved facility for the treatment of abuse of

drugs to determine whether he is a drug addict and is likely to be

rehabilitated through treatment and, if the examination reveals that he is

a drug addict and is likely to be rehabilitated through treatment, assigned

to a program of treatment and rehabilitation pursuant to NRS 453.580.

   (b) For the second offense, is guilty of a misdemeanor and shall be:

     (1) Punished by a fine of not more than $1,000; or

     (2) Assigned to a program of treatment and rehabilitation pursuant

to NRS 453.580.

   (c) For the third offense, is guilty of a gross misdemeanor and shall be

punished as provided in NRS 193.140.

   (d) For a fourth or subsequent offense, is guilty of a category E felony

and shall be punished as provided in NRS 193.130.

   5.  As used in this section, “controlled substance” includes

flunitrazepam, gamma-hydroxybutyrate and each substance for which

flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

   Sec. 38.  NRS 453.3363 is hereby amended to read as follows:

   453.3363  1.  If a person who has not previously been convicted of

any offense pursuant to NRS 453.011 to 453.552, inclusive, and sections 2

to 12, inclusive, of Senate Bill No. 397 of this [act]session or pursuant to

any statute of the United States or of any state relating to narcotic drugs,

marijuana, or stimulant, depressant or hallucinogenic substances tenders a

plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a

charge pursuant to subsection 2 or 3 of NRS 453.336, NRS 453.411 or

454.351, or is found guilty of one of those charges, the court, without

entering a judgment of conviction and with the consent of the accused, may

suspend further proceedings and place him on probation upon terms and

conditions that must include attendance and successful completion of an

educational program or, in the case of a person dependent upon drugs, of a

program of treatment and rehabilitation pursuant to NRS 453.580.

   2.  Upon violation of a term or condition, the court may enter a

judgment of conviction and proceed as provided in the section pursuant to

which the accused was charged. Notwithstanding the provisions of

paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or

condition, the court may order the person to the custody of the department

of prisons.

   3.  Upon fulfillment of the terms and conditions, the court shall

discharge the accused and dismiss the proceedings against him. A


nonpublic record of the dismissal must be transmitted to and retained by

the division of parole and probation of the department of motor vehicles

and public safety solely for the use of the courts in determining whether, in

later proceedings, the person qualifies under this section.

   4.  Except as otherwise provided in subsection 5, discharge and

dismissal under this section is without adjudication of guilt and is not a

conviction for purposes of this section or for purposes of employment, civil

rights or any statute or regulation or license or questionnaire or for any

other public or private purpose, but is a conviction for the purpose of

additional penalties imposed for second or subsequent convictions or the

setting of bail. Discharge and dismissal restores the person discharged, in

the contemplation of the law, to the status occupied before the arrest,

indictment or information. He may not be held thereafter under any law to

be guilty of perjury or otherwise giving a false statement by reason of

failure to recite or acknowledge that arrest, indictment, information or trial

in response to an inquiry made of him for any purpose. Discharge and

dismissal under this section may occur only once with respect to any

person.

   5.  A professional licensing board may consider a proceeding under this

section in determining suitability for a license or liability to discipline for

misconduct. Such a board is entitled for those purposes to a truthful answer

from the applicant or licensee concerning any such proceeding with respect

to him.

   Sec. 39.  NRS 453.401 is hereby amended to read as follows:

   453.401  1.  Except as otherwise provided in subsections 3 and 4, if

two or more persons conspire to commit an offense which is a felony under

the Uniform Controlled Substances Act or conspire to defraud the State of

Nevada or an agency of the state in connection with its enforcement of the

Uniform Controlled Substances Act, and one of the conspirators does an

act in furtherance of the conspiracy, each conspirator:

   (a) For a first offense, is guilty of a category C felony and shall be

punished as provided in NRS 193.130.

   (b) For a second offense, or if, in the case of a first conviction of

violating this subsection, the conspirator has previously been convicted of

a felony under the Uniform Controlled Substances Act or of an offense

under the laws of the United States or of any state, territory or district

which if committed in this state, would amount to a felony under the

Uniform Controlled Substances Act, is guilty of a category B felony and

shall be punished by imprisonment in the state prison for a minimum term

of not less than 2 years and a maximum term of not more than 10 years,

and may be further punished by a fine of not more than $10,000.

   (c) For a third or subsequent offense, or if the conspirator has

previously been convicted two or more times of a felony under the

Uniform Controlled Substances Act or of an offense under the laws of the

United States or any state, territory or district which, if committed in this

state, would amount to a felony under the Uniform Controlled Substances

Act, is guilty of a category B felony and shall be punished by

imprisonment in the state prison for a minimum term of not less than 3

years and a maximum term of not more than 15 years, and may be further

punished by a fine of not more than $20,000 for each offense.


   2.  Except as otherwise provided in subsection 3, if two or more

persons conspire to commit an offense in violation of the Uniform

Controlled Substances Act and the offense does not constitute a felony, and

one of the conspirators does an act in furtherance of the conspiracy, each

conspirator shall be punished by imprisonment, or by imprisonment and

fine, for not more than the maximum punishment provided for the offense

which they conspired to commit.

   3.  If two or more persons conspire to possess more than 1 ounce of

marijuana unlawfully, except for the purpose of sale, and one of the

conspirators does an act in furtherance of the conspiracy, each conspirator

is guilty of a gross misdemeanor.

   4.  If the conspiracy subjects the conspirators to criminal liability under

NRS 207.400, the persons so conspiring shall be punished in the manner

provided in NRS 207.400.

   5.  The court shall not grant probation to or suspend the sentence of a

person convicted of violating this section and punishable pursuant to

paragraph (b) or (c) of subsection 1.

   Sec. 40.  NRS 453.580 is hereby amended to read as follows:

   453.580  1.  A court may establish an appropriate treatment program

to which it may assign a person pursuant to subsection 4 of NRS 453.336,

NRS 453.3363 or 458.300 or it may assign such a person to an appropriate

facility for the treatment of abuse of alcohol or drugs which is certified by

the health division of the department of human resources. The assignment

must include the terms and conditions for successful completion of the

program and provide for progress reports at intervals set by the court to

ensure that the person is making satisfactory progress towards completion

of the program.

   2.  A program to which a court assigns a person pursuant to subsection

1 must include:

   (a) Information and encouragement for the participant to cease abusing

alcohol or using controlled substances through educational, counseling and

support sessions developed with the cooperation of various community,

health, substance abuse, religious, social service and youth organizations;

   (b) The opportunity for the participant to understand the medical,

psychological and social implications of substance abuse; and

   (c) Alternate courses within the program based on the different

substances abused and the addictions of participants.

   3.  If the offense with which the person was charged involved the use

or possession of a controlled substance, in addition to the program or as a

part of the program the court must also require frequent urinalysis to

determine that the person is not using a controlled substance. The court

shall specify how frequent such examinations must be and how many must

be successfully completed, independently of other requisites for successful

completion of the program.

   4.  Before the court assigns a person to a program pursuant to this

section, the person must agree to pay the cost of the program to which he is

assigned and the cost of any additional supervision required pursuant to

subsection 3, to the extent of his financial resources. If the person does not

have the financial resources to pay all of the related costs, the court shall,

to the extent practicable, arrange for the person to be assigned to a program


at a facility that receives a sufficient amount of federal or state funding to

offset the remainder of the costs.

   Sec. 41.  NRS 455B.080 is hereby amended to read as follows:

   455B.080  1.  A passenger shall not embark on an amusement ride

while intoxicated or under the influence of a controlled substance, unless in

accordance with [a] :

   (a) Aprescription lawfully issued to the person[.] ; or

   (b) The provisions of sections 2 to 33, inclusive, of this act.

   2.  An authorized agent or employee of an operator may prohibit a

passenger from boarding an amusement ride if he reasonably believes that

the passenger is under the influence of alcohol, prescription drugs or a

controlled substance. An agent or employee of an operator is not civilly or

criminally liable for prohibiting a passenger from boarding an amusement

ride pursuant to this subsection.

   Sec. 42.  NRS 52.395 is hereby amended to read as follows:

   52.395  Except as otherwise provided in section 26 of this act:

   1.  When any substance alleged to be a controlled substance, dangerous

drug or immediate precursor is seized from a defendant by a peace officer,

the law enforcement agency of which the officer is a member may, with the

prior approval of the prosecuting attorney, petition the district court in the

county in which the defendant is charged to secure permission to destroy a

part of the substance.

   2.  Upon receipt of a petition filed pursuant to subsection 1, the district

court shall order the substance to be accurately weighed and the weight

thereof accurately recorded. The prosecuting attorney or his representative

and the defendant or his representative must be allowed to inspect and

weigh the substance.

   3.  If after completion of the weighing process the defendant does not

knowingly and voluntarily stipulate to the weight of the substance, the

district court shall hold a hearing to make a judicial determination of the

weight of the substance. The defendant, his attorney and any other witness

the defendant may designate may be present and testify at the hearing.

   4.  After a determination has been made as to the weight of the

substance, the district court may order all of the substance destroyed except

that amount which is reasonably necessary to enable each interested party

to analyze the substance to determine the composition of the substance.

The district court shall order the remaining sample to be sealed and

maintained for analysis before trial.

   5.  If the substance is finally determined not to be a controlled

substance, dangerous drug or immediate precursor, unless the substance

was destroyed pursuant to subsection 7, the owner may file a claim against

the county to recover the reasonable value of the property destroyed

pursuant to this section.

   6.  The district court’s finding as to the weight of a substance destroyed

pursuant to this section is admissible in any subsequent proceeding arising

out of the same transaction.

   7.  If at the time that a peace officer seizes from a defendant a

substance believed to be a controlled substance, dangerous drug or

immediate precursor, the peace officer discovers any material or substance

that he reasonably believes is hazardous waste, the peace officer may


appropriately dispose of the material or substance without securing the

permission of a court.

   8.  As used in this section:

   (a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

   (b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430.

   (c) “Immediate precursor” has the meaning ascribed to it in

NRS 453.086.

   Sec. 43.  (Deleted by amendment.)

   Sec. 44.  NRS 159.061 is hereby amended to read as follows:

   159.061  1.  The parents of a minor, or either parent, if qualified and

suitable, are preferred over all others for appointment as guardian for the

minor. In determining whether the parents of a minor, or either parent, is

qualified and suitable, the court shall consider, without limitation:

   (a) Which parent has physical custody of the minor;

   (b) The ability of the parents or parent to provide for the basic needs of

the child, including, without limitation, food, shelter, clothing and medical

care;

   (c) Whether the parents or parent has engaged in the habitual use of

alcohol or any controlled substance during the previous 6 months[;] ,

except the use of marijuana in accordance with the provisions of sections

2 to 33, inclusive, of this act; and

   (d) Whether the parents or parent has been convicted of a crime of

moral turpitude, a crime involving domestic violence or a crime involving

the exploitation of a child.

   2.  Subject to the preference set forth in subsection 1, the court shall

appoint as guardian for an incompetent, a person of limited capacity or

minor the qualified person who is most suitable and is willing to serve.

   3.  In determining who is most suitable, the court shall give

consideration, among other factors, to:

   (a) Any request for the appointment as guardian for an incompetent

contained in a written instrument executed by the incompetent while

competent.

   (b) Any nomination of a guardian for an incompetent, minor or person

of limited capacity contained in a will or other written instrument executed

by a parent or spouse of the proposed ward.

   (c) Any request for the appointment as guardian for a minor 14 years of

age or older made by the minor.

   (d) The relationship by blood or marriage of the proposed guardian to

the proposed ward.

   (e) Any recommendation made by a special master pursuant to

NRS 159.0615.

   Sec. 45.  NRS 213.123 is hereby amended to read as follows:

   213.123  1.  Upon the granting of parole to a prisoner, the board may,

when the circumstances warrant, require as a condition of parole that the

parolee submit to periodic tests to determine whether the parolee is using

any controlled substance. Any such use , except the use of marijuana in

accordance with the provisions of sections 2 to 33, inclusive, of this act,

or any failure or refusal to submit to a test is a ground for revocation of

parole.


   2.  Any expense incurred as a result of any test is a charge against the

division.

   Sec. 46.  NRS 616C.230 is hereby amended to read as follows:

   616C.230  1.  Compensation is not payable pursuant to the provisions

of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:

   (a) Caused by the employee’s willful intention to injure himself.

   (b) Caused by the employee’s willful intention to injure another.

   (c) Proximately caused by the employee’s intoxication. If the employee

was intoxicated at the time of his injury, intoxication must be presumed to

be a proximate cause unless rebutted by evidence to the contrary.

   (d) Proximately caused by the employee’s use of a controlled substance.

If the employee had any amount of a controlled substance in his system at

the time of his injury for which the employee did not have a current and

lawful prescription issued in his name [,]or that he was not using in

accordance with the provisions of sections 2 to 33, inclusive, of this act,

the controlled substance must be presumed to be a proximate cause unless

rebutted by evidence to the contrary.

   2.  For the purposes of paragraphs (c) and (d) of subsection 1:

   (a) The affidavit or declaration of an expert or other person described in

NRS 50.315 is admissible to prove the existence of any alcohol or the

existence, quantity or identity of a controlled substance in an employee’s

system. If the affidavit or declaration is to be so used, it must be submitted

in the manner prescribed in NRS 616C.355.

   (b) When an examination requested or ordered includes testing for the

use of alcohol or a controlled substance, the laboratory that conducts the

testing must be licensed pursuant to the provisions of chapter 652 of NRS.

   3.  No compensation is payable for the death, disability or treatment of

an employee if his death is caused by, or insofar as his disability is

aggravated, caused or continued by, an unreasonable refusal or neglect to

submit to or to follow any competent and reasonable surgical treatment or

medical aid.

   4.  If any employee persists in an unsanitary or injurious practice that

imperils or retards his recovery, or refuses to submit to such medical or

surgical treatment as is necessary to promote his recovery, his

compensation may be reduced or suspended.

   5.  An injured employee’s compensation, other than accident benefits,

must be suspended if:

   (a) A physician or chiropractor determines that the employee is unable

to undergo treatment, testing or examination for the industrial injury solely

because of a condition or injury that did not arise out of and in the course

of his employment; and

   (b) It is within the ability of the employee to correct the nonindustrial

condition or injury.

The compensation must be suspended until the injured employee is able to

resume treatment, testing or examination for the industrial injury. The

insurer may elect to pay for the treatment of the nonindustrial condition or

injury.

   Sec. 47.  NRS 630.3066 is hereby amended to read as follows:

   630.3066  A physician is not subject to disciplinary action solely for

[prescribing] :


   1.  Prescribing or administering to a patient under his care a controlled

substance which is listed in schedule II, III, IV or V by the state board of

pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully

prescribed or administered for the treatment of intractable pain in

accordance with regulations adopted by the board.

   2.  Engaging in any activity in accordance with the provisions of

sections 2 to 33, inclusive, of this act.

   Sec. 48.  (Deleted by amendment.)

   Sec. 48.5. 1.  The 72nd session of the Nevada legislature shall

review statistics provided by the legislative counsel bureau with respect to:

   (a) Whether persons exempt from state prosecution pursuant to section

17 of this act have been subject to federal prosecution for carrying out the

activities concerning which they are exempt from state prosecution

pursuant to that section;

   (b) The number of persons who participate in the medical use of

marijuana in accordance with the provisions of sections 2 to 33, inclusive,

of this act; and

   (c) The number of persons who are arrested and convicted for drug

related offenses within the State of Nevada, to enable appropriations for

budgets to be established at levels to provide adequate and appropriate

drug treatment within this state.

   2.  If, after conducting the review described in subsection 1, the 72nd

session of the Nevada legislature determines that the medical use of

marijuana in accordance with the provisions of sections 2 to 33, inclusive,

of this act is not in the best interests of the residents of this state, the

legislature shall revise those provisions as it deems appropriate.

   Sec. 49.  The amendatory provisions of this act do not apply to

offenses committed before October 1, 2001.

   Sec. 50.  1.  This section becomes effective upon passage and

approval.

   2.  Sections 6, 20, 21, 30 and 32 of this act become effective upon

passage and approval for the purpose of adopting regulations and on

October 1, 2001, for all other purposes.

   3.  Sections 1 to 5, inclusive, 7 to 19, inclusive, 22 to 29, inclusive,

30.1 to 30.5, inclusive, 31, 31.3, 31.7, 33 to 36, inclusive, 38 to 47,

inclusive, 48.5 and 49 of this act become effective on October 1, 2001.

   4.  Section 37 of this act becomes effective at 12:01 a.m. on October 1,

2001.

 

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