Nevada Medical Marijuana

A Detailed Review of the Nevada Medical Marijuana Laws

CLICK HERE for Nevada Criminal Marijuana Laws

Question 9

On November 7th, 2000, 65% of Nevada voters passed 'Question 9' which went into effect October 1st, 2001. Question 9 amends the states' constitution recognizing the medical use of marijuana and removing the state-level criminal penalties for the use, possession and cultivation of marijuana by qualified patients. Despite the harsh penalties for possession, Nevada marijuana laws are evolving at a rapid pace.

Nevada marijuana laws allow the legal use of medical marijuana by a patient with 'written documentation' and a 'registry identification card. Question 9 resulted in the addition of Nevada marijuana laws Statute 453A to the Nevada Revised Statutes..

Under this act, residents of Nevada that have a 'Chronic or debilitating medical condition' are finally allowed to legally use marijuana with the recommendation of a physician. Also now allowed under Nevada marijuana laws, 'patients' and 'caregivers' are allowed to obtain marijuana for medical use without fear of sanctions or criminal prosecution.

So, now that we know a little bit about Nevada marijuana laws, lets take a look at the resulting statutes (laws).

 

CHAPTER 453A - MEDICAL USE OF MARIJUANA

Table of Contents

NRS 453A.010 Definitions: 453A.010 - 453A.170
LIMITED EXEMPTION FROM PROSECUTION; REGISTRY ID CARDS
NRS 453A.200 Holder of valid registry identification card exempt from state prosecution for certain acts involving marijuana and drug paraphernalia; mere presence of person in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense.
NRS 453A.210 Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application.
NRS 453A.220 Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal.
NRS 453A.225 Registry identification cards: Revocation; duties; judicial review; reapplication prohibited for 12 months.
NRS 453A.230 Registry identification card: Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card.
NRS 453A.240 Registry identification cards: Card to be returned to Division following diagnosis of absence of chronic or debilitating medical condition.
NRS 453A.250 Registry identification cards: General requirements concerning designation of primary caregiver; user of medical marijuana not to have more than one designated primary caregiver; timing of issuance of card to caregiver if caregiver designated after initial issuance of card to patient.
PROHIBITED ACTS; AFFIRMATIVE DEFENSES
NRS 453A.300 Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty.
NRS 453A.310 Affirmative defenses.
SEARCH AND SEIZURE
NRS 453A.400 Possession of registry identification card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged or assisting in medical use of marijuana in accordance with provisions of chapter.
ACTIONS OF PROFESSIONAL LICENSING BOARDS
NRS 453A.500 Board of Medical Examiners and State Board of Osteopathic Medicine prohibited from taking disciplinary action against attending physician on basis of physician’s participation in certain activities in accordance with chapter.
NRS 453A.510 Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with chapter.
RESEARCH; APPROVAL OF FEDERAL GOVERNMENT
NRS 453A.600 Program for evaluation and research of medical use of marijuana: Establishment by University of Nevada School of Medicine; federal approval; participants and subjects; quarterly report to Interim Finance Committee.
NRS 453A.610 Program for evaluation and research of medical use of marijuana: Duties of University of Nevada School of Medicine concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.
NRS 453A.620 Program for evaluation and research of medical use of marijuana: Authority of Department of Administration of University of Nevada School of Medicine concerning gifts, grants, donations and contributions; deposit of money in State Treasury.
NRS 453A.630 Program for evaluation and research of medical use of marijuana: Deposit, use and disposition of money; Department of Administration of University of Nevada School of Medicine to administer account.
NRS 453A.640 Department to pursue approval of Federal Government for establishment of seed bank and for establishment of program to produce and deliver marijuana for medical use. [Repealed.]
MISCELLANEOUS PROVISIONS
NRS 453A.700 Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.
NRS 453A.710 Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations.
NRS 453A.720 Authority of the Administrator of the Division concerning gifts, grants, donations and contributions; deposit of money in State Treasury.
NRS 453A.730 Deposit, use and disposition of money; administration of account.
NRS 453A.740  Regulations; fees.
NRS 453A.800 Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be accommodated in workplace.
NRS 453A.810 State not responsible for deleterious outcomes

 

  

 

        Nevada medical marijuana CODE SECTIONS 453A.010 - 453A.170

        Definitions

Administer

“Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: 1. A practitioner or, in the practitioner’s presence, by the practitioner’s authorized agent; or 2. The patient or research subject at the direction and in the presence of the practitioner.

 

Attending Physician

“Attending physician” means a physician who: 1. Is licensed to practice: (a) Medicine pursuant to the provisions of chapter 630 of NRS; or (b) Osteopathic medicine pursuant to the provisions of chapter 633 of NRS; and 2. Has responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition.

 

Cachexia

“Cachexia” means general physical wasting and malnutrition associated with chronic disease.

 

Chronic or Debilitating Medical Condition

“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 NRS 453A.710.

 

Deliver and Delivery

“Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

 

Designated Primary Caregiver

“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 NRS 453A.250. 2. The term does not include the attending physician of a person diagnosed with a chronic or debilitating medical condition.

 

Division

“Division” means the Health Division of the Department of Health and Human Services.

 

Drug Paraphernalia

“Drug paraphernalia” has the meaning ascribed to it in NRS 453.554. (Added to NRS by 2001, 3055)

NRS 453.554 “Drug paraphernalia” defined. As used in NRS 453.554 to 453.566, inclusive, unless the context otherwise requires, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes, but is not limited to:

1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing or preparing controlled substances;

3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; and

11. Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls; (b) Water pipes; (c) Smoking masks; (d) Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; (e) Cocaine spoons and cocaine vials; (f) Carburetor pipes and carburetion tubes and devices; (g) Chamber pipes; (h) Electric pipes; (i) Air-driven pipes; (j) Chillums; (k) Bongs; and (l) Ice pipes or chillers.

 

Marijuana

“Marijuana” means: (a) All parts of any plant of the genus Cannabis, whether growing or not; (b) The seeds thereof; (c) The resin extracted from any part of the plant; and (d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. 2. “Marijuana” does not include the mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

 

Medical Use of Marijuana

“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, Ê as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or her chronic or debilitating medical condition.

 

Production

“Production” includes the manufacturing of a controlled substance and the planting, cultivation, growing or harvesting of a plant from which a controlled substance is derived.

 

Registry Identification Card

“Registry identification card” means a document issued by the Division 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.

 

State Prosecution

“State prosecution” means prosecution initiated or maintained by the State of Nevada or an agency or political subdivision of the State of Nevada.

 

Useable Marijuana

“Usable marijuana” means: (a) 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; and (b) The seeds of a plant of the genus Cannabis. 2. The term does not include the stalks and roots of the plant.

 

Written Documentation

“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.

Nevada Medical Marijuana - Sections 453A.010 - 453A.170

Nevada Medical Marijuana

Definitions

'Administer'

NRS 453A.020 “Administer” defined. “Administer” has the meaning ascribed to it in NRS 453.021. (Added to NRS by 2001, 3054)

NRS 453.021 “Administer” defined. “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by: 1. A practitioner or, in the practitioner’s presence, by the practitioner’s authorized agent; or 2. The patient or research subject at the direction and in the presence of the practitioner. (Added to NRS by 1971, 1999; A 1973, 579; 1977, 672; 1979, 1654; 1991, 1648)

 

'Attending Physician'

NRS 453A.030 “Attending physician” defined. “Attending physician” means a physician who: 1. Is licensed to practice: (a) Medicine pursuant to the provisions of chapter 630 of NRS; or (b) Osteopathic medicine pursuant to the provisions of chapter 633 of NRS; and 2. Has responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition. (Added to NRS by 2001, 3054; A 2003, 1180, 1430)

 

'Cachexia'

NRS 453A.040 “Cachexia” defined. “Cachexia” means general physical wasting and malnutrition associated with chronic disease. (Added to NRS by 2001, 3054)

 

'Chronic or Debilitating Medical Condition'

NRS 453A.050 “Chronic or debilitating medical condition” defined. “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 NRS 453A.710. (Added to NRS by 2001, 3054)

 

'Deliver' and 'Delivery'

NRS 453A.060 “Deliver” and “delivery” defined. “Deliver” or “delivery” has the meaning ascribed to it in NRS 453.051. (Added to NRS by 2001, 3054)

NRS 453.051 “Deliver” and “delivery” defined. “Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. (Added to NRS by 1971, 2000)

 

'Designated Primary Caregiver'

NRS 453A.080 “Designated primary caregiver” defined. 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 NRS 453A.250. 2. The term does not include the attending physician of a person diagnosed with a chronic or debilitating medical condition. (Added to NRS by 2001, 3054)

 

'Division'

NRS 453A.090 “Division” defined. “Division” means the Health Division of the Department of Health and Human Services. (Added to NRS by 2001, 3055)

 

'Drug Paraphernalia'

NRS 453A.100 “Drug paraphernalia” defined. “Drug paraphernalia” has the meaning ascribed to it in NRS 453.554. (Added to NRS by 2001, 3055)

NRS 453.554 “Drug paraphernalia” defined. As used in NRS 453.554 to 453.566, inclusive, unless the context otherwise requires, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes, but is not limited to:

1. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing or preparing controlled substances;

3. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; and

11. Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls; (b) Water pipes; (c) Smoking masks; (d) Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; (e) Cocaine spoons and cocaine vials; (f) Carburetor pipes and carburetion tubes and devices; (g) Chamber pipes; (h) Electric pipes; (i) Air-driven pipes; (j) Chillums; (k) Bongs; and (l) Ice pipes or chillers. (Added to NRS by 1981, 405)

 

'Marijuana'

NRS 453A.110 “Marijuana” defined. “Marijuana” has the meaning ascribed to it in NRS 453.096. (Added to NRS by 2001, 3055)

NRS 453.096 “Marijuana” defined. 1. “Marijuana” means: (a) All parts of any plant of the genus Cannabis, whether growing or not; (b) The seeds thereof; (c) The resin extracted from any part of the plant; and (d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. 2. “Marijuana” does not include the mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. (Added to NRS by 1971, 2001; A 1975, 450)

 

'Medical Use of Marijuana'

NRS 453A.120 “Medical use of marijuana” defined. “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, Ê as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or her chronic or debilitating medical condition. (Added to NRS by 2001, 3055)

 

'Production'

NRS 453A.130 “Production” defined. “Production” has the meaning ascribed to it in NRS 453.131. (Added to NRS by 2001, 3055)

NRS 453.131 “Production” defined. “Production” includes the manufacturing of a controlled substance and the planting, cultivation, growing or harvesting of a plant from which a controlled substance is derived. (Added to NRS by 1971, 2002; A 1991, 1650)

 

'Registry Identification Card'

NRS 453A.140 “Registry identification card” defined. “Registry identification card” means a document issued by the Division 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. (Added to NRS by 2001, 3055; A 2009, 618)

 

'State Prosecution'

NRS 453A.150 “State prosecution” defined. “State prosecution” means prosecution initiated or maintained by the State of Nevada or an agency or political subdivision of the State of Nevada. (Added to NRS by 2001, 3055)

 

'Useable Marijuana'

NRS 453A.160 “Usable marijuana” defined. 1. “Usable marijuana” means: (a) 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; and (b) The seeds of a plant of the genus Cannabis. 2. The term does not include the stalks and roots of the plant. (Added to NRS by 2001, 3055; A 2003, 1430)

 

'Written Documentation'

NRS 453A.170 “Written documentation” defined. “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. (Added to NRS by 2001, 3055)

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LIMITED EXEMPTION FROM PROSECUTION; REGISTRY ID CARDS

 

 

Nevada medical marijuana CODE SECTION 453A.200

Holder of valid registry identification card exempt from state prosecution for certain acts involving marijuana and drug paraphernalia; mere presence of person in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense.

Nevada Medical Marijuana - Sections 453A.200

Nevada Medical Marijuana

NRS 453A.200  Holder of valid registry identification card exempt from state prosecution for certain acts involving marijuana and drug paraphernalia; mere presence of person in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense.

      1.  Except as otherwise provided in this section and NRS 453A.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 453A.220 or 453A.250 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 the person pursuant to paragraph (a) of subsection 1 of NRS 453A.220 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 NRS 453A.310.

      (Added to NRS by 2001, 3055)

 

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Nevada medical marijuana CODE SECTION 453A.210

Registry identification cards:

Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application.

Nevada Medical Marijuana - Section 453A.210

Nevada Medical Marijuana

NRS 453A.210  Registry identification cards:

Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application.

      1.  The Division 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 and NRS 453A.225, the Division or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Division 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) Proof satisfactory to the Division that the person is a resident of this State;

      (d) The name, address and telephone number of the person’s attending physician; and

      (e) 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 the person’s attending physician in which the attending physician approves of the designation of the primary caregiver.

      3.  The Division 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 Division 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 Division 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 Division; 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:

                   (I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners; or

                   (II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.

Ê The Central Repository for Nevada Records of Criminal History shall report to the Division 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 or the State Board of Osteopathic Medicine, as applicable, shall report to the Division 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 Division 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 Division may contact an applicant, the applicant’s attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Division 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 the applicant’s chronic or debilitating medical condition; or

             (2) Document the applicant’s 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 Division, including, without limitation, the regulations adopted by the Administrator pursuant to NRS 453A.740;

      (c) The Division determines that the information provided by the applicant was falsified;

      (d) The Division determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this State or is not in good standing, as reported by the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable;

      (e) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;

      (f) The Division has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of NRS 453A.300;

      (g) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has had a registry identification card revoked pursuant to NRS 453A.225; or

      (h) 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 Division 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 Division. 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 Division 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 Division has not yet approved or denied the application, the person, and the person’s 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 or her 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 Division received the application.

      9.  As used in this section, “resident” has the meaning ascribed to it in NRS 483.141.

      (Added to NRS by 2001, 3056; A 2003, 1431; 2005, 686; 2009, 618)

 

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       Nevada medical marijuana CODE SECTION 453A.220

Registry identification cards:

Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal.

Nevada Medical Marijuana - Section 453A.220

Nevada Medical Marijuana

NRS 453A.220  Registry identification cards:

Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal.

      1.  If the Division approves an application pursuant to subsection 5 of NRS 453A.210, the Division or its designee shall, as soon as practicable after the Division 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 Division.

      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 Division.

      4.  Except as otherwise provided in NRS 453A.225, subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300, 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 Division.

      (Added to NRS by 2001, 3058; A 2005, 688; 2009, 620)

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Nevada medical marijuana CODE SECTION 453A.225

Registry identification cards:

Revocation; duties; judicial review; reapplication prohibited for 12 months.

Nevada Medical Marijuana - Section 453A.225

Nevada Medical Marijuana

NRS 453A.225  Registry identification cards:

Revocation; duties; judicial review; reapplication prohibited for 12 months.

      1.  If, at any time after the Division or its designee has issued a registry identification card to a person pursuant to paragraph (a) of subsection 1 of NRS 453A.220, the Division determines, on the basis of official documents or records or other credible evidence, that the person:

      (a) Provided falsified information on his or her application to the Division or its designee, as described in paragraph (c) of subsection 5 of NRS 453A.210; or

      (b) Has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210,

Ê the Division shall immediately revoke the registry identification card issued to that person and shall immediately revoke the registry identification card issued to that person’s designated primary caregiver, if any.

      2.  If, at any time after the Division or its designee has issued a registry identification card to a person pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250, the Division determines, on the basis of official documents or records or other credible evidence, that the person has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210, the Division shall immediately revoke the registry identification card issued to that person.

      3.  Upon the revocation of a registry identification card pursuant to this section:

      (a) The Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been revoked, advising the person of the requirements of paragraph (b); and

      (b) The person shall return his or her registry identification card to the Division within 7 days after receiving the notice sent pursuant to paragraph (a).

      4.  The decision of the Division to revoke a registry identification card pursuant to this section is a final decision for the purposes of judicial review.

      5.  A person whose registry identification card has been revoked pursuant to this section may not reapply for a registry identification card pursuant to NRS 453A.210 for 12 months after the date of the revocation, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.

      (Added to NRS by 2005, 685; A 2009, 621)

 

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Nevada medical marijuana CODE SECTION 453A.230

Registry identification card:

Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card.

Nevada Medical Marijuana - Section 453A.230

 

NRS 453A.230  Registry identification card:

Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card.

      1.  A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 shall, in accordance with regulations adopted by the Division:

      (a) Notify the Division of any change in the person’s name, address, telephone number, attending physician or designated primary caregiver, if any; and

      (b) Submit annually to the Division:

             (1) Updated written documentation from the person’s 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) The attending physician has explained to the person the possible risks and benefits of the medical use of marijuana; and

             (2) If the person 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 the person’s attending physician in which the attending physician approves of the designation of the primary caregiver.

      2.  A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250 shall, in accordance with regulations adopted by the Division, notify the Division of any change in the person’s name, address, telephone number or the identity of the person for whom he or she 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 the person shall be deemed expired. If the registry identification card of a person to whom the Division or its designee issued the card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 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 Division 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 or her registry identification card to the Division within 7 days after receiving the notice sent pursuant to paragraph (a).

      (Added to NRS by 2001, 3059; A 2009, 622)

 

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Nevada medical marijuana CODE SECTION 453A.240

Registry identification cards:

Card to be returned to Division following diagnosis of absence of chronic or debilitating medical condition.

Nevada Medical Marijuana - Section 453A.240

Nevada Medical Marijuana

NRS 453A.240  Registry identification cards:

Card to be returned to Division following diagnosis of absence of chronic or debilitating medical condition.  If a person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is diagnosed by the person’s attending physician as no longer having a chronic or debilitating medical condition, the person and his or her designated primary caregiver, if any, shall return their registry identification cards to the Division within 7 days after notification of the diagnosis.

      (Added to NRS by 2001, 3060; A 2009, 623)

 

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Nevada medical marijuana CODE SECTION 453A.250

Registry identification cards:

General requirements concerning designation of primary caregiver; user of medical marijuana not to have more than one designated primary caregiver; timing of issuance of card to caregiver if caregiver designated after initial issuance of card to patient.

Nevada Medical Marijuana - Section 453A.250

Nevada Medical Marijuana

NRS 453A.250  Registry identification cards:

General requirements concerning designation of primary caregiver; user of medical marijuana not to have more than one designated primary caregiver; timing of issuance of card to caregiver if caregiver designated after initial issuance of card to patient.

      1.  If a person who applies to the Division for a registry identification card or to whom the Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires to designate a primary caregiver, the person must:

      (a) To designate a primary caregiver at the time of application, submit to the Division the information required pursuant to paragraph (e) of subsection 2 of NRS 453A.210; or

      (b) To designate a primary caregiver after the Division or its designee has issued a registry identification card to the person, submit to the Division the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.

      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 the person initially applies for a registry identification card, the Division or its designee shall, except as otherwise provided in subsection 5 of NRS 453A.210, 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.

      (Added to NRS by 2001, 3060; A 2003, 1433; 2009, 623)

 

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PROHIBITED ACTS; AFFIRMATIVE DEFENSES

 

 

Nevada medical marijuana CODE SECTION 453A.300

Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty.

Nevada Medical Marijuana - Section 453A.300

Nevada Medical Marijuana

NRS 453A.300  Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty.

      1.  A person who holds a registry identification card issued to him or her pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may the person 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 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 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 or she knows does not lawfully hold a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

      (f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

      2.  Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.

      (Added to NRS by 2001, 3060; A 2005, 169, 689; 2009, 623, 1887)

 

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Nevada medical marijuana CODE SECTION 453A.310

Affirmative defenses.

Nevada Medical Marijuana - Section 453A.310

Nevada Medical Marijuana

NRS 453A.310  Affirmative defenses.

      1.  Except as otherwise provided in this section and NRS 453A.300, 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 or her arrest and has been advised by his or her 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 NRS 453A.200 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 NRS 453A.200 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 the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250 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,

Ê if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 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 the defendant’s intent to claim the affirmative defense. The written notice must:

      (a) State specifically why the defendant believes he or she is entitled to assert the affirmative defense; and

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

Ê A defendant who fails to provide notice of his or her 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.

      (Added to NRS by 2001, 3061; A 2009, 624)

 

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SEARCH AND SEIZURE

 

 

Nevada medical marijuana CODE SECTION 453A.400

Possession of registry identification card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged or assisting in medical use of marijuana in accordance with provisions of chapter.

Nevada Medical Marijuana - Section 453A.400

Nevada Medical Marijuana

NRS 453A.400  Possession of registry identification card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged or assisting in medical use of marijuana in accordance with provisions of chapter.

      1.  The fact that a person possesses a registry identification card issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250 does not, alone:

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

      (b) Subject the person or the person’s 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 the district attorney’s 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 the district attorney’s 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.

      (Added to NRS by 2001, 3062; A 2009, 625)

 

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ACTIONS OF PROFESSIONAL LICENSING BOARDS

 

 

Nevada medical marijuana CODE SECTION 453A.500

Board of Medical Examiners and State Board of Osteopathic Medicine prohibited from taking disciplinary action against attending physician on basis of physician’s participation in certain activities in accordance with chapter.

Nevada Medical Marijuana - Section 453A.500

Nevada Medical Marijuana

NRS 453A.500  Board of Medical Examiners and State Board of Osteopathic Medicine prohibited from taking disciplinary action against attending physician on basis of physician’s participation in certain activities in accordance with chapter.  The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, 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 or licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 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,

Ê 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 NRS 453A.210 for the issuance of a registry identification card or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 453A.230 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.

      (Added to NRS by 2001, 3063; A 2003, 1180, 1434)

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Nevada medical marijuana CODE SECTION 453A.510

Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with chapter.

Nevada Medical Marijuana - Section 453A.510

Nevada Medical Marijuana

NRS 453A.510  Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with chapter.  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 or her pursuant to paragraph (a) of subsection 1 of NRS 453A.220.

      (Added to NRS by 2001, 3063)

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RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

 

 

Nevada medical marijuana CODE SECTION 453A.600

Program for evaluation and research of medical use of marijuana: Establishment by University of Nevada School of Medicine; federal approval; participants and subjects; quarterly report to Interim Finance Committee.

Nevada Medical Marijuana - Section 453A.600

Nevada Medical Marijuana

NRS 453A.600  Program for evaluation and research of medical use of marijuana: Establishment by University of Nevada School of Medicine; federal approval; participants and subjects; quarterly report to Interim Finance Committee.

      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.

      (Added to NRS by 2001, 3064)

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Nevada medical marijuana CODE SECTION 453A.610

Program for evaluation and research of medical use of marijuana: Duties of University of Nevada School of Medicine concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

Nevada Medical Marijuana - Section 453A.610

Nevada Medical Marijuana

NRS 453A.610  Program for evaluation and research of medical use of marijuana: Duties of University of Nevada School of Medicine concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

      1.  Except as otherwise provided in this section and NRS 239.0115, 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 NRS 453A.600; 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 NRS 453A.600.

Ê Except as otherwise provided in NRS 239.0115, 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 NRS 453A.600 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.

      (Added to NRS by 2001, 3064; A 2007, 2111)

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Nevada medical marijuana CODE SECTION 453A.620

Program for evaluation and research of medical use of marijuana: Authority of Department of Administration of University of Nevada School of Medicine concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

Nevada Medical Marijuana - Section 453A.620

Nevada Medical Marijuana

NRS 453A.620  Program for evaluation and research of medical use of marijuana: Authority of Department of Administration of University of Nevada School of Medicine concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

      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 NRS 453A.600.

      2.  Any money the Department of Administration receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 453A.630.

      (Added to NRS by 2001, 3065)

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Nevada medical marijuana CODE SECTION 453A.630

Program for evaluation and research of medical use of marijuana: Deposit, use and disposition of money; Department of Administration of University of Nevada School of Medicine to administer account.

Nevada Medical Marijuana - Section 453A.630

Nevada Medical Marijuana

NRS 453A.630  Program for evaluation and research of medical use of marijuana: Deposit, use and disposition of money; Department of Administration of University of Nevada School of Medicine to administer account.

      1.  Any money the Department of Administration of the University of Nevada School of Medicine receives pursuant to NRS 453A.620 or that is appropriated to carry out the provisions of NRS 453A.600:

      (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 NRS 453A.600, 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.

      (Added to NRS by 2001, 3065)

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MISCELLANEOUS PROVISIONS

 

 

Nevada medical marijuana CODE SECTION 453A.700

Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

Nevada Medical Marijuana - Section 453A.700

Nevada Medical Marijuana

NRS 453A.700  Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

      1.  Except as otherwise provided in this section, NRS 239.0115 and subsection 4 of NRS 453A.210, the Division and any designee of the Division shall maintain the confidentiality of and shall not disclose:

      (a) The contents of any applications, records or other written documentation that the Division 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 Division or its designee has issued a registry identification card.

Ê Except as otherwise provided in NRS 239.0115, 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 Division or its designee may release the name and other identifying information of a person to whom the Division or its designee has issued a registry identification card to:

      (a) Authorized employees of the Division or its designee as necessary to perform official duties of the Division; 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 or her pursuant to NRS 453A.220 or 453A.250.

      (Added to NRS by 2001, 3063; A 2007, 2112; 2009, 626)

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Nevada medical marijuana CODE SECTION 453A.710

Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations.

Nevada Medical Marijuana - Section 453A.710

Nevada Medical Marijuana

NRS 453A.710  Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations.

      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 NRS 453A.050.

      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; and

      (b) The decision of the Division to deny a petition is a final decision for the purposes of judicial review.

      (Added to NRS by 2001, 3064; A 2009, 626)

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Nevada medical marijuana CODE SECTION 453A.720

Authority of the Administrator of the Division concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

Nevada Medical Marijuana - Section 453A.720

Nevada Medical Marijuana

NRS 453A.720  Authority of the Administrator of the Division concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

      1.  The Administrator of the Division 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 Administrator receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 453A.730.

      (Added to NRS by 2001, 3065; A 2009, 626)

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Nevada medical marijuana CODE SECTION 453A.730

Deposit, use and disposition of money; administration of account.

Nevada Medical Marijuana - Section 453A.730

Nevada Medical Marijuana

NRS 453A.730  Deposit, use and disposition of money; administration of account.

      1.  Any money the Administrator of the Division receives pursuant to NRS 453A.720 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 this chapter and such other information as determined appropriate by the Administrator; and

      (c) Does not revert to the State General Fund at the end of any fiscal year.

      2.  The Administrator of the Division 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.

      (Added to NRS by 2001, 3066; A 2009, 627)

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Nevada medical marijuana CODE SECTION 453A.740

Regulations; fees.

Nevada Medical Marijuana - Section 453A.740

Nevada Medical Marijuana

NRS 453A.740  Regulations; fees.  The Administrator of the Division shall adopt such regulations as the Administrator determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:

      1.  Procedures pursuant to which the Division will, in cooperation with the Department of Motor Vehicles, 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 Division will:

      (a) Issue a registry identification card to a qualified person after the card has been prepared by the Department of Motor Vehicles; or

      (b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if:

             (1) The person presents to the Department of Motor Vehicles valid documentation issued by the Division indicating that the Division has approved the issuance of a registry identification card to the person; and

             (2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the Division 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.

      3.  Fees for:

      (a) Providing to an applicant an application for a registry identification card, which fee must not exceed $50; and

      (b) Processing and issuing a registry identification card, which fee must not exceed $150.

      (Added to NRS by 2001, 3066; A 2003, 1434; 2009, 627)

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Nevada medical marijuana CODE SECTION 453A.800

Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be accommodated in workplace.

Nevada Medical Marijuana - Section 453A.800

Nevada Medical Marijuana

NRS 453A.800  Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be accommodated in workplace.  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.

      (Added to NRS by 2001, 3065)

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Nevada medical marijuana CODE SECTION 453A.810

State not responsible for deleterious outcomes.

Nevada Medical Marijuana - Section 453A.810

Nevada Medical Marijuana

NRS 453A.810  State not responsible for deleterious outcomes.  The State must not be held responsible for any deleterious outcomes from the medical use of marijuana by any person.

      (Added to NRS by 2001, 3066)

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More on Nevada Medical Marijuana Laws:

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For further details about the specifics of the legislation and other Nevada marijuana laws - Visit the Official Nevada Legislative Website home page on the Nevada State Legislature's Web site - or more specifically the - Nevada Law Library page.

 


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