2005 Nevada Revised Statutes - Chapter 453A — Medical Use of Marijuana

CHAPTER 453A - MEDICAL USE OF MARIJUANA

GENERAL PROVISIONS

NRS 453A.010 Definitions.

NRS 453A.020 Administerdefined.

NRS 453A.030 Attendingphysician defined.

NRS 453A.040 Cachexiadefined.

NRS 453A.050 Chronicor debilitating medical condition defined.

NRS 453A.060 Deliverand delivery defined.

NRS 453A.070 Departmentdefined.

NRS 453A.080 Designatedprimary caregiver defined.

NRS 453A.090 Divisiondefined.

NRS 453A.100 Drugparaphernalia defined.

NRS 453A.110 Marijuanadefined.

NRS 453A.120 Medicaluse of marijuana defined.

NRS 453A.130 Productiondefined.

NRS 453A.140 Registryidentification card defined.

NRS 453A.150 Stateprosecution defined.

NRS 453A.160 Usablemarijuana defined.

NRS 453A.170 Writtendocumentation defined.

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRYIDENTIFICATION CARDS

NRS 453A.200 Holderof valid registry identification card exempt from state prosecution for certainacts involving marijuana and drug paraphernalia; mere presence of person invicinity of medical use of marijuana; limitation on exemption from state prosecution;affirmative defense.

NRS 453A.210 Registryidentification cards: Program for issuance; application; required accompanyinginformation; distribution of copies of application; verification of informationcontained in application; permissible grounds for denial of application; judicialreview of decision to deny application; reapplication; applicant and caregiverdeemed to hold card pending approval or denial of application.

NRS 453A.220 Registryidentification cards: Issuance to applicant; issuance to primary caregiver ifprimary caregiver has been designated at time of application; required contents;duration; renewal.

NRS 453A.225 Registryidentification cards: Revocation; duties; judicial review; reapplicationprohibited for 12 months.

NRS 453A.230 Registryidentification cards: Holder to notify Department of certain changes ininformation; required annual update of documentation from attending physician;designation of primary caregiver after initial issuance of card; deemedexpiration of card.

NRS 453A.240 Registryidentification cards: Card to be returned to Department following diagnosis ofabsence of chronic or debilitating medical condition.

NRS 453A.250 Registryidentification cards: General requirements concerning designation of primarycaregiver; user of medical marijuana not to have more than one designatedprimary caregiver; timing of issuance of card to caregiver if caregiver designatedafter initial issuance of card to patient.

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

NRS 453A.300 Actsfor which registry identification cardholder is not exempt from stateprosecution and may not raise affirmative defense; additional penalty.

NRS 453A.310 Affirmativedefenses.

SEARCH AND SEIZURE

NRS 453A.400 Possessionof registry identification card not permissible grounds for search orinspection; care and return of seized property; determination that person isengaged or assisting in medical use of marijuana in accordance with provisionsof chapter.

ACTIONS OF PROFESSIONAL LICENSING BOARDS

NRS 453A.500 Boardof Medical Examiners and State Board of Osteopathic Medicine prohibited fromtaking disciplinary action against attending physician on basis of physiciansparticipation in certain activities in accordance with chapter.

NRS 453A.510 Professionallicensing board prohibited from taking disciplinary action against licensee onbasis of licensees participation in certain activities in accordance withchapter.

RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

NRS 453A.600 Programfor 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 Programfor evaluation and research of medical use of marijuana: Duties of University of Nevada School of Medicine concerning confidentiality; certain items ofinformation not subject to subpoena, discovery or inspection.

NRS 453A.620 Programfor evaluation and research of medical use of marijuana: Authority ofDepartment of Administration of University of Nevada School of Medicine concerninggifts, grants, donations and contributions; deposit of money in State Treasury.

NRS 453A.630 Programfor evaluation and research of medical use of marijuana: Deposit, use and dispositionof money; Department of Administration of University of Nevada School ofMedicine to administer account.

NRS 453A.640 Departmentto pursue approval of Federal Government for establishment of seed bank and forestablishment of program to produce and deliver marijuana for medical use.

MISCELLANEOUS PROVISIONS

NRS 453A.700 Dutiesof Department concerning confidentiality; certain items of information notsubject to subpoena, discovery or inspection.

NRS 453A.710 Additionof diseases and conditions to list of qualifying chronic or debilitatingmedical conditions: Petition; regulations.

NRS 453A.720 Authorityof Director of Department concerning gifts, grants, donations andcontributions; deposit of money in State Treasury.

NRS 453A.730 Deposit,use and disposition of money; Director of Department to administer account.

NRS 453A.740 Regulations;fees.

NRS 453A.800 Costsassociated 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 Statenot responsible for deleterious outcomes.

_________

GENERAL PROVISIONS

NRS 453A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS453A.020 to 453A.170, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 2001, 3054)

NRS 453A.020 Administerdefined. Administer has the meaning ascribedto it in NRS 453.021.

(Added to NRS by 2001, 3054)

NRS 453A.030 Attendingphysician defined. Attending physicianmeans 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 aperson diagnosed with a chronic or debilitating medical condition.

(Added to NRS by 2001, 3054; A 2003, 1180, 1430)

NRS 453A.040 Cachexiadefined. Cachexia means general physicalwasting and malnutrition associated with chronic disease.

(Added to NRS by 2001, 3054)

NRS 453A.050 Chronicor debilitating medical condition defined. Chronicor debilitating medical condition means:

1. Acquired immune deficiency syndrome;

2. Cancer;

3. Glaucoma;

4. A medical condition or treatment for a medicalcondition that produces, for a specific patient, one or more of the following:

(a) Cachexia;

(b) Persistent muscle spasms, including, withoutlimitation, spasms caused by multiple sclerosis;

(c) Seizures, including, without limitation, seizurescaused by epilepsy;

(d) Severe nausea; or

(e) Severe pain; or

5. Any other medical condition or treatment for amedical condition that is:

(a) Classified as a chronic or debilitating medicalcondition by regulation of the Division; or

(b) Approved as a chronic or debilitating medical conditionpursuant to a petition submitted in accordance with NRS 453A.710.

(Added to NRS by 2001, 3054)

NRS 453A.060 Deliverand delivery defined. Deliver ordelivery has the meaning ascribed to it in NRS453.051.

(Added to NRS by 2001, 3054)

NRS 453A.070 Departmentdefined. Department means the State Departmentof Agriculture.

(Added to NRS by 2001, 3054)

NRS 453A.080 Designatedprimary caregiver defined.

1. Designated primary caregiver means a person who:

(a) Is 18 years of age or older;

(b) Has significant responsibility for managing thewell-being of a person diagnosed with a chronic or debilitating medicalcondition; and

(c) Is designated as such in the manner requiredpursuant to NRS 453A.250.

2. The term does not include the attending physicianof a person diagnosed with a chronic or debilitating medical condition.

(Added to NRS by 2001, 3054)

NRS 453A.090 Divisiondefined. Division means the Health Divisionof the Department of Health and Human Services.

(Added to NRS by 2001, 3055)

NRS 453A.100 Drugparaphernalia defined. Drug paraphernaliahas the meaning ascribed to it in NRS453.554.

(Added to NRS by 2001, 3055)

NRS 453A.110 Marijuanadefined. Marijuana has the meaning ascribedto it in NRS 453.096.

(Added to NRS by 2001, 3055)

NRS 453A.120 Medicaluse of marijuana defined. Medical use ofmarijuana means:

1. The possession, delivery, production or use ofmarijuana;

2. The possession, delivery or use of paraphernaliaused to administer marijuana; or

3. Any combination of the acts described insubsections 1 and 2,

as necessaryfor the exclusive benefit of a person to mitigate the symptoms or effects ofhis chronic or debilitating medical condition.

(Added to NRS by 2001, 3055)

NRS 453A.130 Productiondefined. Production has the meaning ascribedto it in NRS 453.131.

(Added to NRS by 2001, 3055)

NRS 453A.140 Registryidentification card defined. Registryidentification card means a document issued by the Department or its designeethat identifies:

1. A person who is exempt from state prosecution forengaging in the medical use of marijuana; or

2. The designated primary caregiver, if any, of aperson described in subsection 1.

(Added to NRS by 2001, 3055)

NRS 453A.150 Stateprosecution defined. State prosecution meansprosecution initiated or maintained by the State of Nevada or an agency orpolitical subdivision of the State of Nevada.

(Added to NRS by 2001, 3055)

NRS 453A.160 Usablemarijuana defined.

1. Usable marijuana means:

(a) The dried leaves and flowers of a plant of thegenus Cannabis, and any mixture or preparation thereof, that areappropriate 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 ofthe plant.

(Added to NRS by 2001, 3055; A 2003, 1430)

NRS 453A.170 Writtendocumentation defined. Written documentationmeans:

1. A statement signed by the attending physician of aperson diagnosed with a chronic or debilitating medical condition; or

2. Copies of the relevant medical records of a persondiagnosed with a chronic or debilitating medical condition.

(Added to NRS by 2001, 3055)

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRYIDENTIFICATION CARDS

NRS 453A.200 Holderof valid registry identification card exempt from state prosecution for certainacts involving marijuana and drug paraphernalia; mere presence of person invicinity 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 validregistry identification card issued to him pursuant to NRS 453A.220 or 453A.250 is exempt from state prosecutionfor:

(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 ordelivery 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 drugparaphernalia is an element.

2. In addition to the provisions of subsection 1, noperson may be subject to state prosecution for constructive possession,conspiracy or any other criminal offense solely for being in the presence orvicinity of the medical use of marijuana in accordance with the provisions ofthis chapter.

3. The exemption from state prosecution set forth insubsection 1 applies only to the extent that a person who holds a registryidentification card issued to him pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and the designated primarycaregiver, if any, of such a person:

(a) Engage in or assist in, as applicable, the medicaluse of marijuana in accordance with the provisions of this chapter as justifiedto mitigate the symptoms or effects of the persons chronic or debilitatingmedical 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 inparagraph (b) of that subsection, those persons:

(a) Are not exempt from state prosecution forpossession, delivery or production of marijuana.

(b) May establish an affirmative defense to charges ofpossession, delivery or production of marijuana, or any combination of thoseacts, in the manner set forth in NRS453A.310.

(Added to NRS by 2001, 3055)

NRS 453A.210 Registryidentification cards: Program for issuance; application; required accompanyinginformation; distribution of copies of application; verification of informationcontained in application; permissible grounds for denial of application; judicialreview of decision to deny application; reapplication; applicant and caregiverdeemed to hold card pending approval or denial of application.

1. The Department shall establish and maintain aprogram for the issuance of registry identification cards to persons who meetthe requirements of this section.

2. Except as otherwise provided in subsections 3 and 5and NRS 453A.225, the Department orits designee shall issue a registry identification card to a person who is aresident of this State and who submits an application on a form prescribed bythe Department accompanied by the following:

(a) Valid, written documentation from the personsattending physician stating that:

(1) The person has been diagnosed with a chronicor debilitating medical condition;

(2) The medical use of marijuana may mitigatethe symptoms or effects of that condition; and

(3) The attending physician has explained thepossible risks and benefits of the medical use of marijuana;

(b) The name, address, telephone number, socialsecurity number and date of birth of the person;

(c) Proof satisfactory to the Department that theperson is a resident of this State;

(d) The name, address and telephone number of thepersons attending physician; and

(e) If the person elects to designate a primarycaregiver at the time of application:

(1) The name, address, telephone number andsocial security number of the designated primary caregiver; and

(2) A written, signed statement from hisattending physician in which the attending physician approves of thedesignation of the primary caregiver.

3. The Department or its designee shall issue aregistry identification card to a person who is under 18 years of age if:

(a) The person submits the materials required pursuantto subsection 2; and

(b) The custodial parent or legal guardian withresponsibility for health care decisions for the person under 18 years of agesigns a written statement setting forth that:

(1) The attending physician of the person under18 years of age has explained to that person and to the custodial parent orlegal guardian with responsibility for health care decisions for the personunder 18 years of age the possible risks and benefits of the medical use ofmarijuana;

(2) The custodial parent or legal guardian withresponsibility for health care decisions for the person under 18 years of ageconsents to the use of marijuana by the person under 18 years of age formedical purposes;

(3) The custodial parent or legal guardian withresponsibility for health care decisions for the person under 18 years of ageagrees to serve as the designated primary caregiver for the person under 18years of age; and

(4) The custodial parent or legal guardian withresponsibility for health care decisions for the person under 18 years of ageagrees to control the acquisition of marijuana and the dosage and frequency ofuse by the person under 18 years of age.

4. The form prescribed by the Department to be used bya person applying for a registry identification card pursuant to this sectionmust be a form that is in quintuplicate. Upon receipt of an application that iscompleted and submitted pursuant to this section, the Department shall:

(a) Record on the application the date on which it wasreceived;

(b) Retain one copy of the application for the recordsof the Department; and

(c) Distribute the other four copies of the applicationin the following manner:

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

(2) One copy to the applicants designatedprimary caregiver, if any;

(3) One copy to the Central Repository forNevada Records of Criminal History; and

(4) One copy to:

(I) If the attending physician of theapplicant 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 theapplicant is licensed to practice osteopathic medicine pursuant to theprovisions of chapter 633 of NRS, the StateBoard of Osteopathic Medicine.

The CentralRepository for Nevada Records of Criminal History shall report to theDepartment its findings as to the criminal history, if any, of an applicantwithin 15 days after receiving a copy of an application pursuant tosubparagraph (3) of paragraph (c). The Board of Medical Examiners or the StateBoard of Osteopathic Medicine, as applicable, shall report to the Departmentits findings as to the licensure and standing of the applicants attendingphysician within 15 days after receiving a copy of an application pursuant tosubparagraph (4) of paragraph (c).

5. The Department shall verify the informationcontained in an application submitted pursuant to this section and shallapprove or deny an application within 30 days after receiving the application.The Department may contact an applicant, his attending physician and designatedprimary caregiver, if any, by telephone to determine that the informationprovided on or accompanying the application is accurate. The Department maydeny an application only on the following grounds:

(a) The applicant failed to provide the informationrequired pursuant to subsections 2 and 3 to:

(1) Establish his chronic or debilitatingmedical condition; or

(2) Document his consultation with an attendingphysician regarding the medical use of marijuana in connection with thatcondition;

(b) The applicant failed to comply with regulationsadopted by the Department, including, without limitation, the regulationsadopted by the Director pursuant to NRS453A.740;

(c) The Department determines that the informationprovided by the applicant was falsified;

(d) The Department determines that the attendingphysician of the applicant is not licensed to practice medicine or osteopathicmedicine in this State or is not in good standing, as reported by the Board ofMedical Examiners or the State Board of Osteopathic Medicine, as applicable;

(e) The Department determines that the applicant, orhis designated primary caregiver, if applicable, has been convicted ofknowingly or intentionally selling a controlled substance;

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

(g) The Department determines that the applicant, orhis designated primary caregiver, if applicable, has had a registryidentification card revoked pursuant to NRS453A.225; or

(h) In the case of a person under 18 years of age, thecustodial parent or legal guardian with responsibility for health caredecisions for the person has not signed the written statement required pursuantto paragraph (b) of subsection 3.

6. The decision of the Department to deny anapplication for a registry identification card is a final decision for thepurposes of judicial review. Only the person whose application has been deniedor, in the case of a person under 18 years of age whose application has beendenied, the persons parent or legal guardian, has standing to contest thedetermination of the Department. A judicial review authorized pursuant to thissubsection must be limited to a determination of whether the denial wasarbitrary, capricious or otherwise characterized by an abuse of discretion andmust be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decisionof an agency.

7. A person whose application has been denied may notreapply for 6 months after the date of the denial, unless the Department or acourt of competent jurisdiction authorizes reapplication in a shorter time.

8. Except as otherwise provided in this subsection, ifa person has applied for a registry identification card pursuant to thissection and the Department has not yet approved or denied the application, theperson, and his designated primary caregiver, if any, shall be deemed to hold aregistry identification card upon the presentation to a law enforcement officerof the copy of the application provided to him pursuant to subsection 4. Aperson may not be deemed to hold a registry identification card for a period ofmore than 30 days after the date on which the Department received theapplication.

9. As used in this section, resident has the meaningascribed to it in NRS 483.141.

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

NRS 453A.220 Registryidentification cards: Issuance to applicant; issuance to primary caregiver ifprimary caregiver has been designated at time of application; requiredcontents; duration; renewal.

1. If the Department approves an application pursuantto subsection 5 of NRS 453A.210, theDepartment or its designee shall, as soon as practicable after the Departmentapproves the application:

(a) Issue a serially numbered registry identificationcard to the applicant; and

(b) If the applicant has designated a primarycaregiver, issue a serially numbered registry identification card to thedesignated primary caregiver.

2. A registry identification card issued pursuant toparagraph (a) of subsection 1 must set forth:

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

(b) The date of issuance and date of expiration of theregistry identification card;

(c) The name and address of the applicants designatedprimary caregiver, if any; and

(d) Any other information prescribed by regulation ofthe Department.

3. A registry identification card issued pursuant toparagraph (b) of subsection 1 must set forth:

(a) The name, address and photograph of the designatedprimary caregiver;

(b) The date of issuance and date of expiration of theregistry identification card;

(c) The name and address of the applicant for whom theperson is the designated primary caregiver; and

(d) Any other information prescribed by regulation of theDepartment.

4. Except as otherwise provided in NRS 453A.225, subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300, a registry identificationcard issued pursuant to this section is valid for a period of 1 year and may berenewed in accordance with regulations adopted by the Department.

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

NRS 453A.225 Registryidentification cards: Revocation; duties; judicial review; reapplicationprohibited for 12 months.

1. If, at any time after the Department or itsdesignee has issued a registry identification card to a person pursuant toparagraph (a) of subsection 1 of NRS453A.220, the Department determines, on the basis of official documents orrecords or other credible evidence, that the person:

(a) Provided falsified information on his applicationto the Department or its designee, as described in paragraph (c) of subsection5 of NRS 453A.210; or

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

theDepartment shall immediately revoke the registry identification card issued tothat person and shall immediately revoke the registry identification cardissued to that persons designated primary caregiver, if any.

2. If, at any time after the Department or itsdesignee has issued a registry identification card to a person pursuant toparagraph (b) of subsection 1 of NRS453A.220 or pursuant to NRS 453A.250,the Department determines, on the basis of official documents or records orother credible evidence, that the person has been convicted of knowingly orintentionally selling a controlled substance, as described in paragraph (e) ofsubsection 5 of NRS 453A.210, theDepartment shall immediately revoke the registry identification card issued tothat person.

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

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

(b) The person shall return his registry identificationcard to the Department within 7 days after receiving the notice sent pursuantto paragraph (a).

4. The decision of the Department to revoke a registryidentification card pursuant to this section is a final decision for thepurposes of judicial review.

5. A person whose registry identification card hasbeen revoked pursuant to this section may not reapply for a registryidentification card pursuant to NRS453A.210 for 12 months after the date of the revocation, unless theDepartment or a court of competent jurisdiction authorizes reapplication in ashorter time.

(Added to NRS by 2005, 685)

NRS 453A.230 Registryidentification cards: Holder to notify Department of certain changes ininformation; required annual update of documentation from attending physician;designation of primary caregiver after initial issuance of card; deemedexpiration of card.

1. A person to whom the Department or its designee hasissued a registry identification card pursuant to paragraph (a) of subsection 1of NRS 453A.220 shall, in accordancewith 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 hisattending physician in which the attending physician sets forth that:

(I) The person continues to suffer from achronic or debilitating medical condition;

(II) The medical use of marijuana maymitigate the symptoms or effects of that condition; and

(III) He has explained to the person thepossible risks and benefits of the medical use of marijuana; and

(2) If he elects to designate a primarycaregiver for the subsequent year and the primary caregiver so designated wasnot the persons designated primary caregiver during the previous year:

(I) The name, address, telephone numberand social security number of the designated primary caregiver; and

(II) A written, signed statement from hisattending physician in which the attending physician approves of thedesignation of the primary caregiver.

2. A person to whom the Department or its designee hasissued a registry identification card pursuant to paragraph (b) of subsection 1of NRS 453A.220 or pursuant to NRS 453A.250 shall, in accordance withregulations adopted by the Department, notify the Department of any change inhis name, address, telephone number or the identity of the person for whom heacts as designated primary caregiver.

3. If a person fails to comply with the provisions ofsubsection 1 or 2, the registry identification card issued to him shall bedeemed expired. If the registry identification card of a person to whom theDepartment or its designee issued the card pursuant to paragraph (a) ofsubsection 1 of NRS 453A.220 is deemedexpired pursuant to this subsection, a registry identification card issued tothe persons designated primary caregiver, if any, shall also be deemedexpired. Upon the deemed expiration of a registry identification card pursuantto this subsection:

(a) The Department shall send, by certified mail,return receipt requested, notice to the person whose registry identificationcard has been deemed expired, advising the person of the requirements ofparagraph (b); and

(b) The person shall return his registry identificationcard to the Department within 7 days after receiving the notice sent pursuantto paragraph (a).

(Added to NRS by 2001, 3059)

NRS 453A.240 Registryidentification cards: Card to be returned to Department following diagnosis ofabsence of chronic or debilitating medical condition. Ifa person to whom the Department or its designee has issued a registryidentification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is diagnosed by hisattending physician as no longer having a chronic or debilitating medicalcondition, the person and his designated primary caregiver, if any, shall returntheir registry identification cards to the Department within 7 days afternotification of the diagnosis.

(Added to NRS by 2001, 3060)

NRS 453A.250 Registryidentification cards: General requirements concerning designation of primarycaregiver; user of medical marijuana not to have more than one designatedprimary caregiver; timing of issuance of card to caregiver if caregiverdesignated after initial issuance of card to patient.

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

(a) To designate a primary caregiver at the time ofapplication, submit to the Department the information required pursuant toparagraph (e) of subsection 2 of NRS453A.210; or

(b) To designate a primary caregiver after theDepartment or its designee has issued a registry identification card to him, submitto the Department the information required pursuant to subparagraph (2) ofparagraph (b) of subsection 1 of NRS453A.230.

2. A person may have only one designated primarycaregiver at any one time.

3. If a person designates a primary caregiver afterthe time that he initially applies for a registry identification card, theDepartment or its designee shall, except as otherwise provided in subsection 5of NRS 453A.210, issue a registryidentification card to the designated primary caregiver as soon as practicableafter receiving the information submitted pursuant to paragraph (b) ofsubsection 1.

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

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

NRS 453A.300 Actsfor which registry identification cardholder is not exempt from stateprosecution and may not raise affirmative defense; additional penalty.

1. A person who holds a registry identification cardissued to him pursuant to NRS 453A.220or 453A.250 is not exempt from stateprosecution for, nor may he establish an affirmative defense to charges arisingfrom, any of the following acts:

(a) Driving, operating or being in actual physicalcontrol of a vehicle or a vessel under power or sail while under the influenceof marijuana.

(b) Engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425or 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 paraphernaliain violation of NRS 453.560 or 453.566, if the possession of the marijuanaor drug paraphernalia is discovered because the person engaged or assisted inthe medical use of marijuana in:

(1) Any public place or in any place open to thepublic or exposed to public view; or

(2) Any local detention facility, county jail,state prison, reformatory or other correctional facility, including, withoutlimitation, any facility for the detention of juvenile offenders.

(e) Delivering marijuana to another person who he knowsdoes not lawfully hold a registry identification card issued by the Departmentor its designee pursuant to NRS 453A.220or 453A.250.

(f) Delivering marijuana for consideration to anyperson, regardless of whether the recipient lawfully holds a registryidentification card issued by the Department 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 otherpenalty provided by law, if the Department determines that a person haswillfully violated a provision of this chapter or any regulation adopted by theDepartment or Division to carry out the provisions of this chapter, theDepartment may, at its own discretion, prohibit the person from obtaining orusing a registry identification card for a period of up to 6 months.

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

NRS 453A.310 Affirmativedefenses.

1. Except as otherwise provided in this section and NRS 453A.300, it is an affirmativedefense to a criminal charge of possession, delivery or production of marijuana,or any other criminal offense in which possession, delivery or production ofmarijuana is an element, that the person charged with the offense:

(a) Is a person who:

(1) Has been diagnosed with a chronic ordebilitating medical condition within the 12-month period preceding his arrestand has been advised by his attending physician that the medical use ofmarijuana may mitigate the symptoms or effects of that chronic or debilitatingmedical condition;

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

(3) Possesses, delivers or produces marijuanaonly in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amountif the person proves by a preponderance of the evidence that the greater amountis medically necessary as determined by the persons attending physician tomitigate the symptoms or effects of the persons chronic or debilitatingmedical 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 marijuanaonly in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amountif the person proves by a preponderance of the evidence that the greater amountis medically necessary as determined by the assisted persons attendingphysician to mitigate the symptoms or effects of the assisted persons chronicor debilitating medical condition.

2. A person need not hold a registry identificationcard issued to him by the Department or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defensedescribed in this section.

3. Except as otherwise provided in this section and inaddition to the affirmative defense described in subsection 1, a person engagedor assisting in the medical use of marijuana who is charged with a crimepertaining to the medical use of marijuana is not precluded from:

(a) Asserting a defense of medical necessity; or

(b) Presenting evidence supporting the necessity ofmarijuana for treatment of a specific disease or medical condition,

if theamount of marijuana at issue is not greater than the amount described inparagraph (b) of subsection 3 of NRS453A.200 and the person has taken steps to comply substantially with theprovisions of this chapter.

4. A defendant who intends to offer an affirmativedefense described in this section shall, not less than 5 days before trial orat such other time as the court directs, file and serve upon the prosecutingattorney a written notice of his intent to claim the affirmative defense. Thewritten notice must:

(a) State specifically why the defendant believes he isentitled to assert the affirmative defense; and

(b) Set forth the factual basis for the affirmativedefense.

A defendantwho fails to provide notice of his intent to claim an affirmative defense asrequired pursuant to this subsection may not assert the affirmative defense attrial unless the court, for good cause shown, orders otherwise.

(Added to NRS by 2001, 3061)

SEARCH AND SEIZURE

NRS 453A.400 Possessionof registry identification card not permissible grounds for search orinspection; care and return of seized property; determination that person isengaged or assisting in medical use of marijuana in accordance with provisionsof chapter.

1. The fact that a person possesses a registryidentification card issued to him by the Department or its designee pursuant toNRS 453A.220 or 453A.250 does not, alone:

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

(b) Subject the person or his property to inspection byany governmental agency.

2. Except as otherwise provided in this subsection, ifofficers of a state or local law enforcement agency seize marijuana, drugparaphernalia or other related property from a person engaged or assisting inthe medical use of marijuana:

(a) The law enforcement agency shall ensure that themarijuana, drug paraphernalia or other related property is not destroyed whilein the possession of the law enforcement agency.

(b) Any property interest of the person from whom themarijuana, drug paraphernalia or other related property was seized must not beforfeited pursuant to any provision of law providing for the forfeiture ofproperty, except as part of a sentence imposed after conviction of a criminaloffense.

(c) Upon a determination by the district attorney ofthe county in which the marijuana, drug paraphernalia or other related propertywas seized, or his designee, that the person from whom the marijuana, drugparaphernalia or other related property was seized is engaging in or assistingin the medical use of marijuana in accordance with the provisions of thischapter, the law enforcement agency shall immediately return to that person anyusable marijuana, marijuana plants, drug paraphernalia or other related propertythat was seized.

Theprovisions of this subsection do not require a law enforcement agency to carefor 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 isengaging in or assisting in the medical use of marijuana in accordance with theprovisions 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)

ACTIONS OF PROFESSIONAL LICENSING BOARDS

NRS 453A.500 Boardof Medical Examiners and State Board of Osteopathic Medicine prohibited fromtaking disciplinary action against attending physician on basis of physiciansparticipation in certain activities in accordance with chapter. The Board of Medical Examiners or the State Board ofOsteopathic Medicine, as applicable, shall not take any disciplinary actionagainst an attending physician on the basis that the attending physician:

1. Advised a person whom the attending physician hasdiagnosed as having a chronic or debilitating medical condition, or a personwhom the attending physician knows has been so diagnosed by another physicianlicensed to practice medicine pursuant to the provisions of chapter 630 of NRS or licensed to practiceosteopathic medicine pursuant to the provisions of chapter633 of NRS:

(a) About the possible risks and benefits of themedical use of marijuana; or

(b) That the medical use of marijuana may mitigate thesymptoms or effects of the persons chronic or debilitating medical condition,

if theadvice is based on the attending physicians personal assessment of the personsmedical history and current medical condition.

2. Provided the written documentation requiredpursuant to paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of aregistry identification card or pursuant to subparagraph (1) of paragraph (b)of subsection 1 of NRS 453A.230 forthe renewal of a registry identification card, if:

(a) Such documentation is based on the attendingphysicians personal assessment of the persons medical history and currentmedical condition; and

(b) The physician has advised the person about thepossible risks and benefits of the medical use of marijuana.

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

NRS 453A.510 Professionallicensing board prohibited from taking disciplinary action against licensee onbasis of licensees participation in certain activities in accordance withchapter. A professional licensing board shallnot take any disciplinary action against a person licensed by the board on thebasis that:

1. The person engages in or has engaged in the medicaluse of marijuana in accordance with the provisions of this chapter; or

2. The person acts as or has acted as the designatedprimary caregiver of a person who holds a registry identification card issuedto him pursuant to paragraph (a) of subsection 1 of NRS 453A.220.

(Added to NRS by 2001, 3063)

RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

NRS 453A.600 Programfor evaluation and research of medical use of marijuana: Establishment byUniversity of Nevada School of Medicine; federal approval; participants andsubjects; quarterly report to Interim Finance Committee.

1. The University of Nevada School of Medicine shallestablish a program for the evaluation and research of the medical use ofmarijuana in the care and treatment of persons who have been diagnosed with achronic or debilitating medical condition.

2. Before the School of Medicine establishes a programpursuant to subsection 1, the School of Medicine shall aggressively seek andmust receive approval of the program by the Federal Government pursuant to 21U.S.C. 823 or other applicable provisions of federal law, to allow thecreation of a federally approved research program for the use and distributionof marijuana for medical purposes.

3. A research program established pursuant to thissection must include residents of this state who volunteer to act asparticipants and subjects, as determined by the School of Medicine.

4. A resident of this state who wishes to serve as aparticipant and subject in a research program established pursuant to thissection may notify the School of Medicine and may apply to participate bysubmitting an application on a form prescribed by the Department ofAdministration 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 inobtaining 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 researchprogram.

(Added to NRS by 2001, 3064)

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

1. Except as otherwise provided in this section, theUniversity of Nevada School of Medicine shall maintain the confidentiality ofand shall not disclose:

(a) The contents of any applications, records or otherwritten materials that the School of Medicine creates or receives pursuant tothe research program described in NRS453A.600; or

(b) The name or any other identifying information of aperson who has applied to or who participates in the research program describedin NRS 453A.600.

The items ofinformation described in this subsection are confidential, not subject tosubpoena or discovery and not subject to inspection by the general public.

2. Notwithstanding the provisions of subsection 1, theSchool of Medicine may release the name and other identifying information of aperson who has applied to or who participates in the research program describedin NRS 453A.600 to:

(a) Authorized employees of the State of Nevada asnecessary to perform official duties related to the research program; and

(b) Authorized employees of state and local law enforcementagencies, only as necessary to verify that a person is a lawful participant inthe research program.

(Added to NRS by 2001, 3064)

NRS 453A.620 Programfor evaluation and research of medical use of marijuana: Authority ofDepartment of Administration of University of Nevada School of Medicineconcerning gifts, grants, donations and contributions; deposit of money inState Treasury.

1. The Department of Administration of the Universityof 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 receivespursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 453A.630.

(Added to NRS by 2001, 3065)

NRS 453A.630 Programfor evaluation and research of medical use of marijuana: Deposit, use anddisposition of money; Department of Administration of University of NevadaSchool of Medicine to administer account.

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

(a) Must be deposited in the State Treasury andaccounted for separately in the State General Fund;

(b) May only be used to carry out the provisions of NRS 453A.600, including the disseminationof information concerning the provisions of that section and such otherinformation as is determined appropriate by the Department of Administration;and

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

2. The Department of Administration of the School ofMedicine shall administer the account. Any interest or income earned on themoney in the account must be credited to the account. Any claims against theaccount must be paid as other claims against the State are paid.

(Added to NRS by 2001, 3065)

NRS 453A.640 Departmentto pursue approval of Federal Government for establishment of seed bank and forestablishment of program to produce and deliver marijuana for medical use. The Department shall vigorously pursue the approval of theFederal Government to establish:

1. A bank or repository of seeds that may be used togrow marijuana by persons who use marijuana in accordance with the provisionsof this chapter.

2. A program pursuant to which the Department mayproduce and deliver marijuana to persons who use marijuana in accordance with theprovisions of this chapter.

(Added to NRS by 2001, 3065)

MISCELLANEOUS PROVISIONS

NRS 453A.700 Dutiesof Department concerning confidentiality; certain items of information notsubject to subpoena, discovery or inspection.

1. Except as otherwise provided in this section andsubsection 4 of NRS 453A.210, theDepartment and any designee of the Department shall maintain theconfidentiality of and shall not disclose:

(a) The contents of any applications, records or otherwritten documentation that the Department or its designee creates or receivespursuant 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 theDepartment or its designee has issued a registry identification card.

The items ofinformation described in this subsection are confidential, not subject tosubpoena or discovery and not subject to inspection by the general public.

2. Notwithstanding the provisions of subsection 1, theDepartment or its designee may release the name and other identifyinginformation of a person to whom the Department or its designee has issued aregistry identification card to:

(a) Authorized employees of the Department or itsdesignee as necessary to perform official duties of the Department; and

(b) Authorized employees of state and local law enforcementagencies, only as necessary to verify that a person is the lawful holder of aregistry identification card issued to him pursuant to NRS 453A.220 or 453A.250.

(Added to NRS by 2001, 3063)

NRS 453A.710 Additionof diseases and conditions to list of qualifying chronic or debilitatingmedical conditions: Petition; regulations.

1. A person may submit to the Division a petitionrequesting that a particular disease or condition be included among thediseases and conditions that qualify as chronic or debilitating medicalconditions pursuant to NRS 453A.050.

2. The Division shall adopt regulations setting forththe manner in which the Division will accept and evaluate petitions submittedpursuant to this section. The regulations must provide, without limitation,that:

(a) The Division will approve or deny a petition within180 days after the Division receives the petition;

(b) If the Division approves a petition, the Divisionwill, as soon as practicable thereafter, transmit to the Department informationconcerning the disease or condition that the Division has approved; and

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

(Added to NRS by 2001, 3064)

NRS 453A.720 Authorityof Director of Department concerning gifts, grants, donations andcontributions; deposit of money in State Treasury.

1. The Director of the Department may apply for oraccept any gifts, grants, donations or contributions from any source to carryout the provisions of this chapter.

2. Any money the Director receives pursuant tosubsection 1 must be deposited in the State Treasury pursuant to NRS 453A.730.

(Added to NRS by 2001, 3065)

NRS 453A.730 Deposit,use and disposition of money; Director of Department to administer account.

1. Any money the Director of the Department receivespursuant to NRS 453A.720 or that isappropriated to carry out the provisions of this chapter:

(a) Must be deposited in the State Treasury andaccounted for separately in the State General Fund;

(b) May only be used to carry out the provisions ofthis chapter, including the dissemination of information concerning theprovisions of this chapter and such other information as determined appropriateby the Director; and

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

2. The Director of the Department shall administer theaccount. Any interest or income earned on the money in the account must becredited to the account. Any claims against the account must be paid as otherclaims against the State are paid.

(Added to NRS by 2001, 3066)

NRS 453A.740 Regulations;fees. The Director of the Department shalladopt such regulations as the Director determines are necessary to carry outthe provisions of this chapter. The regulations must set forth, withoutlimitation:

1. Procedures pursuant to which the State Departmentof Agriculture will, in cooperation with the Department of Motor Vehicles,cause a registry identification card to be prepared and issued to a qualifiedperson as a type of identification card described in NRS 483.810 to 483.890, inclusive. The proceduresdescribed in this subsection must provide that the State Department ofAgriculture will:

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

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

(1) The person presents to the Department ofMotor Vehicles valid documentation issued by the State Department ofAgriculture indicating that the State Department of Agriculture has approvedthe issuance of a registry identification card to the person; and

(2) The Department of Motor Vehicles, beforeissuing the registry identification card, confirms by telephone or otherreliable means that the State Department of Agriculture has approved theissuance of a registry identification card to the person.

2. Criteria for determining whether a marijuana plantis a mature marijuana plant or an immature marijuana plant.

3. Fees for:

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

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

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

NRS 453A.800 Costsassociated 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 careor any person or entity who provides coverage for a medical or health careservice to pay for or reimburse a person for costs associated with the medicaluse of marijuana.

2. Require any employer to accommodate the medical useof marijuana in the workplace.

(Added to NRS by 2001, 3065)

NRS 453A.810 Statenot responsible for deleterious outcomes. TheState must not be held responsible for any deleterious outcomes from themedical use of marijuana by any person.

(Added to NRS by 2001, 3066)

 

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