REQUIRES TWO-THIRDS MAJORITY VOTE (§ 12)               

                                                 (Reprinted with amendments adopted on April 21, 2003)

 

Assembly Bill No. 503–Committee on
Health and Human Services

 

(On Behalf of the Department of Administration)

 

March 24, 2003

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Revises provisions relating to medical use of marijuana. (BDR 40‑1248)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the medical use of marijuana; defining the term “propagation facility”; expanding the definition of “attending physician” to include certain physicians who are licensed to practice osteopathic medicine; revising the definition of “usable marijuana” to include the seeds of a plant of the genus Cannabis; providing that, with the written authorization of the State Department of Agriculture, not more than two persons who engage in the medical use of marijuana may use a single propagation facility to produce marijuana for both such persons; providing that such a single propagation facility must not contain an amount of marijuana which exceeds the amount allowed for two persons; requiring that a person with a qualifying medical condition to whom the Department issues a registry identification card be a resident of this state; revising the types of information which must be set forth upon a registry identification card; authorizing the Department to establish by regulation certain fees relating to the application for and issuance of a registry identification card; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 453A of NRS is hereby amended by

1-2  adding thereto a new section to read as follows:

1-3  “Propagation facility” means a parcel of privately owned real

1-4  property on which a person who holds a valid registry

1-5  identification card issued to him pursuant to NRS 453A.220 or

1-6  453A.250 produces marijuana for medical use in accordance with

1-7  this chapter.

1-8  Sec. 2.  NRS 453A.010 is hereby amended to read as follows:

1-9  453A.010  As used in this chapter, unless the context otherwise

1-10  requires, the words and terms defined in NRS 453A.020 to

1-11  453A.170, inclusive, and section 1 of this act have the meanings

1-12  ascribed to them in those sections.

1-13      Sec. 3.  NRS 453A.030 is hereby amended to read as follows:

1-14      453A.030  “Attending physician” means a physician who:

1-15      1.  Is licensed to practice [medicine] :

1-16      (a) Medicine pursuant to the provisions of chapter 630 of NRS;

1-17  or

1-18      (b) Osteopathic medicine pursuant to the provisions of chapter

1-19  633 of NRS; and

1-20      2.  Has [primary] responsibility for the care and treatment of a

1-21  person diagnosed with a chronic or debilitating medical condition.

1-22      Sec. 4.  NRS 453A.160 is hereby amended to read as follows:

1-23      453A.160  1.  “Usable marijuana” means [the] :

1-24      (a) The dried leaves and flowers of a plant of the genus

1-25  Cannabis, and any mixture or preparation thereof, that are

1-26  appropriate for the medical use of marijuana[.] ; and

1-27      (b) The seeds of a plant of the genus Cannabis.

1-28      2.  The term does not include the [seeds,] stalks and roots of the

1-29  plant.

1-30      Sec. 5.  NRS 453A.200 is hereby amended to read as follows:

1-31      453A.200  1.  Except as otherwise provided in this section and

1-32  NRS 453A.300, a person who holds a valid registry identification

1-33  card issued to him pursuant to NRS 453A.220 or 453A.250 is

1-34  exempt from state prosecution for:

1-35      (a) Possession, delivery or production of marijuana;

1-36      (b) Possession or delivery of drug paraphernalia;

1-37      (c) Aiding and abetting another in the possession, delivery or

1-38  production of marijuana;

1-39      (d) Aiding and abetting another in the possession or delivery of

1-40  drug paraphernalia;

1-41      (e) Any combination of the acts described in paragraphs (a) to

1-42  (d), inclusive; and

2-1  (f) Any other criminal offense in which the possession, delivery

2-2  or production of marijuana or the possession or delivery of drug

2-3  paraphernalia is an element.

2-4  2.  In addition to the provisions of subsection 1, no person may

2-5  be subject to state prosecution for constructive possession,

2-6  conspiracy or any other criminal offense solely for being in the

2-7  presence or vicinity of the medical use of marijuana in accordance

2-8  with the provisions of this chapter.

2-9  3.  [The] Except as otherwise provided in subsection 4, the

2-10  exemption from state prosecution set forth in subsection 1 applies

2-11  only to the extent that a person who holds a registry identification

2-12  card issued to him pursuant to paragraph (a) of subsection 1 of NRS

2-13  453A.220 and the designated primary caregiver, if any, of such a

2-14  person:

2-15      (a) Engage in or assist in, as applicable, the medical use of

2-16  marijuana in accordance with the provisions of this chapter as

2-17  justified to mitigate the symptoms or effects of the person’s chronic

2-18  or debilitating medical condition; and

2-19      (b) Do not, at any one time, collectively possess, deliver or

2-20  produce more than:

2-21          (1) One ounce of usable marijuana;

2-22          (2) Three mature marijuana plants; and

2-23          (3) Four immature marijuana plants.

2-24      4.  With the written authorization of the Department and

2-25  except as otherwise provided in this subsection, not more than two

2-26  persons who hold registry identification cards issued to them

2-27  pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and

2-28  their designated primary caregivers, if any, may use a single

2-29  propagation facility to produce marijuana for both such persons

2-30  who hold registry identification cards issued to them pursuant to

2-31  paragraph (a) of subsection 1 of NRS 453A.220. If the use of a

2-32  single propagation facility to produce marijuana for not more

2-33  than two persons is authorized by the Department pursuant to this

2-34  subsection:

2-35      (a) The propagation facility must not, at any one time, contain

2-36  more than:

2-37          (1) Two ounces of usable marijuana;

2-38          (2) Six mature marijuana plants; and

2-39          (3) Eight immature marijuana plants; and

2-40      (b) The exemption from state prosecution set forth in

2-41  subsection 1 applies only to the extent that the persons who hold

2-42  registry identification cards issued to them pursuant to paragraph

2-43  (a) of subsection 1 of NRS 453A.220 and the designated primary

2-44  caregivers, if any, of such persons:

3-1       (1) Engage in or assist in, as applicable, the medical use of

3-2  marijuana in accordance with the provisions of this chapter as

3-3  justified to mitigate the symptoms or effects of the persons’

3-4  chronic or debilitating medical conditions; and

3-5       (2) Do not, at any one time, collectively possess, deliver or

3-6  produce more than:

3-7           (I) Two ounces of usable marijuana;

3-8           (II) Six mature marijuana plants; and

3-9           (III) Eight immature marijuana plants.

3-10      5.  If the persons described in subsection 3 possess, deliver or

3-11  produce marijuana in an amount which exceeds the amount

3-12  described in paragraph (b) of that subsection[,] or if the persons

3-13  described in subsection 4 possess, deliver or produce marijuana in

3-14  an amount which exceeds the amount described in subparagraph

3-15  (2) of paragraph (b) of that subsection, those persons:

3-16      (a) Are not exempt from state prosecution for possession,

3-17  delivery or production of marijuana.

3-18      (b) May establish an affirmative defense to charges of

3-19  possession, delivery or production of marijuana, or any combination

3-20  of those acts, in the manner set forth in NRS 453A.310.

3-21      Sec. 6.  NRS 453A.210 is hereby amended to read as follows:

3-22      453A.210  1.  The Department shall establish and maintain a

3-23  program for the issuance of registry identification cards to persons

3-24  who meet the requirements of this section.

3-25      2.  Except as otherwise provided in subsections 3 and 5, the

3-26  Department or its designee shall issue a registry identification card

3-27  to a person who is a resident of this state and who submits an

3-28  application on a form prescribed by the Department accompanied by

3-29  the following:

3-30      (a) Valid, written documentation from the person’s attending

3-31  physician stating that:

3-32          (1) The person has been diagnosed with a chronic or

3-33  debilitating medical condition;

3-34          (2) The medical use of marijuana may mitigate the symptoms

3-35  or effects of that condition; and

3-36          (3) The attending physician has explained the possible risks

3-37  and benefits of the medical use of marijuana;

3-38      (b) The name, address, telephone number, social security

3-39  number and date of birth of the person;

3-40      (c) Proof satisfactory to the Department that the person is a

3-41  resident of this state;

3-42      (d) The name, address and telephone number of the person’s

3-43  attending physician; and

3-44      [(d)] (e) If the person elects to designate a primary caregiver at

3-45  the time of application:

4-1       (1) The name, address, telephone number and social security

4-2  number of the designated primary caregiver; and

4-3       (2) A written, signed statement from his attending physician

4-4  in which the attending physician approves of the designation of the

4-5  primary caregiver.

4-6  3.  The Department or its designee shall issue a registry

4-7  identification card to a person who is under 18 years of age if:

4-8  (a) The person submits the materials required pursuant to

4-9  subsection 2; and

4-10      (b) The custodial parent or legal guardian with responsibility for

4-11  health care decisions for the person under 18 years of age signs a

4-12  written statement setting forth that:

4-13          (1) The attending physician of the person under 18 years of

4-14  age has explained to that person and to the custodial parent or legal

4-15  guardian with responsibility for health care decisions for the person

4-16  under 18 years of age the possible risks and benefits of the medical

4-17  use of marijuana;

4-18          (2) The custodial parent or legal guardian with responsibility

4-19  for health care decisions for the person under 18 years of age

4-20  consents to the use of marijuana by the person under 18 years of age

4-21  for medical purposes;

4-22          (3) The custodial parent or legal guardian with responsibility

4-23  for health care decisions for the person under 18 years of age agrees

4-24  to serve as the designated primary caregiver for the person under 18

4-25  years of age; and

4-26          (4) The custodial parent or legal guardian with responsibility

4-27  for health care decisions for the person under 18 years of age agrees

4-28  to control the acquisition of marijuana and the dosage and frequency

4-29  of use by the person under 18 years of age.

4-30      4.  The form prescribed by the Department to be used by a

4-31  person applying for a registry identification card pursuant to this

4-32  section must be a form that is in quintuplicate. Upon receipt of an

4-33  application that is completed and submitted pursuant to this section,

4-34  the Department shall:

4-35      (a) Record on the application the date on which it was received;

4-36      (b) Retain one copy of the application for the records of the

4-37  Department; and

4-38      (c) Distribute the other four copies of the application in the

4-39  following manner:

4-40          (1) One copy to the person who submitted the application;

4-41          (2) One copy to the applicant’s designated primary caregiver,

4-42  if any;

4-43          (3) One copy to the Central Repository for Nevada Records

4-44  of Criminal History; and

4-45          (4) One copy to :

5-1           (I) If the attending physician of the applicant is licensed

5-2  to practice medicine pursuant to the provisions of chapter 630 of

5-3  NRS, the Board of Medical Examiners [.] ; or

5-4           (II) If the attending physician of the applicant is

5-5  licensed to practice osteopathic medicine pursuant to the

5-6  provisions of chapter 633 of NRS, the State Board of Osteopathic

5-7  Medicine.

5-8  The Central Repository for Nevada Records of Criminal History

5-9  shall report to the Department its findings as to the criminal history,

5-10  if any, of an applicant within 15 days after receiving a copy of an

5-11  application pursuant to subparagraph (3) of paragraph (c). The

5-12  Board of Medical Examiners or the State Board of Osteopathic

5-13  Medicine, as applicable, shall report to the Department its findings

5-14  as to the licensure and standing of the applicant’s attending

5-15  physician within 15 days after receiving a copy of an application

5-16  pursuant to subparagraph (4) of paragraph (c).

5-17      5.  The Department shall verify the information contained in an

5-18  application submitted pursuant to this section and shall approve or

5-19  deny an application within 30 days after receiving the application.

5-20  The Department may contact an applicant, his attending physician

5-21  and designated primary caregiver, if any, by telephone to determine

5-22  that the information provided on or accompanying the application is

5-23  accurate. The Department may deny an application only on the

5-24  following grounds:

5-25      (a) The applicant failed to provide the information required

5-26  pursuant to subsections 2 and 3 to:

5-27          (1) Establish his chronic or debilitating medical condition; or

5-28          (2) Document his consultation with an attending physician

5-29  regarding the medical use of marijuana in connection with that

5-30  condition;

5-31      (b) The applicant failed to comply with regulations adopted by

5-32  the Department, including, without limitation, the regulations

5-33  adopted by the Director pursuant to NRS 453A.740;

5-34      (c) The Department determines that the information provided by

5-35  the applicant was falsified;

5-36      (d) The Department determines that the attending physician of

5-37  the applicant is not licensed to practice medicine or osteopathic

5-38  medicine in this state or is not in good standing, as reported by the

5-39  Board of Medical Examiners [;]or the State Board of Osteopathic

5-40  Medicine, as applicable;

5-41      (e) The Department determines that the applicant, or his

5-42  designated primary caregiver, if applicable, has been convicted of

5-43  knowingly or intentionally selling a controlled substance;

6-1  (f) The Department has prohibited the applicant from obtaining

6-2  or using a registry identification card pursuant to subsection 2 of

6-3  NRS 453A.300; or

6-4  (g) In the case of a person under 18 years of age, the custodial

6-5  parent or legal guardian with responsibility for health care decisions

6-6  for the person has not signed the written statement required pursuant

6-7  to paragraph (b) of subsection 3.

6-8  6.  The decision of the Department to deny an application for a

6-9  registry identification card is a final decision for the purposes of

6-10  judicial review. Only the person whose application has been denied

6-11  or, in the case of a person under 18 years of age whose application

6-12  has been denied, the person’s parent or legal guardian, has standing

6-13  to contest the determination of the Department. A judicial review

6-14  authorized pursuant to this subsection must be limited to a

6-15  determination of whether the denial was arbitrary, capricious or

6-16  otherwise characterized by an abuse of discretion and must be

6-17  conducted in accordance with the procedures set forth in chapter

6-18  233B of NRS for reviewing a final decision of an agency.

6-19      7.  A person whose application has been denied may not

6-20  reapply for 6 months after the date of the denial, unless the

6-21  Department or a court of competent jurisdiction authorizes

6-22  reapplication in a shorter time.

6-23      8.  Except as otherwise provided in this subsection, if a person

6-24  has applied for a registry identification card pursuant to this section

6-25  and the Department has not yet approved or denied the application,

6-26  the person, and his designated primary caregiver, if any, shall be

6-27  deemed to hold a registry identification card upon the presentation

6-28  to a law enforcement officer of the copy of the application provided

6-29  to him pursuant to subsection 4. A person may not be deemed to

6-30  hold a registry identification card for a period of more than 30 days

6-31  after the date on which the Department received the application.

6-32      9.  As used in this section, “resident” has the meaning

6-33  ascribed to it in NRS 483.141.

6-34      Sec. 7.  NRS 453A.220 is hereby amended to read as follows:

6-35      453A.220  1.  If the Department approves an application

6-36  pursuant to subsection 5 of NRS 453A.210, the Department or its

6-37  designee shall, as soon as practicable after the Department approves

6-38  the application:

6-39      (a) Issue a serially numbered registry identification card to the

6-40  applicant; and

6-41      (b) If the applicant has designated a primary caregiver, issue a

6-42  serially numbered registry identification card to the designated

6-43  primary caregiver.

6-44      2.  A registry identification card issued pursuant to paragraph

6-45  (a) of subsection 1 must set forth:

7-1  (a) The name, address, photograph and date of birth of the

7-2  applicant;

7-3  (b) The date of issuance and date of expiration of the registry

7-4  identification card;

7-5  (c) The [name and address of] identification number assigned

7-6  by the Department to the applicant’s designated primary caregiver,

7-7  if any; and

7-8  (d) Any other information prescribed by regulation of the

7-9  Department.

7-10      3.  A registry identification card issued pursuant to paragraph

7-11  (b) of subsection 1 must set forth:

7-12      (a) The name, address and photograph of the designated primary

7-13  caregiver;

7-14      (b) The date of issuance and date of expiration of the registry

7-15  identification card;

7-16      (c) The [name and address of] identification number assigned

7-17  by the Department to the applicant for whom the person is the

7-18  designated primary caregiver; and

7-19      (d) Any other information prescribed by regulation of the

7-20  Department.

7-21      4.  A registry identification card issued pursuant to this section

7-22  is valid for a period of 1 year and may be renewed in accordance

7-23  with regulations adopted by the Department.

7-24      Sec. 8.  NRS 453A.250 is hereby amended to read as follows:

7-25      453A.250  1.  If a person who applies to the Department for a

7-26  registry identification card or to whom the Department or its

7-27  designee has issued a registry identification card pursuant to

7-28  paragraph (a) of subsection 1 of NRS 453A.220 desires to designate

7-29  a primary caregiver, the person must:

7-30      (a) To designate a primary caregiver at the time of application,

7-31  submit to the Department the information required pursuant to

7-32  paragraph [(d)] (e) of subsection 2 of NRS 453A.210; or

7-33      (b) To designate a primary caregiver after the Department or its

7-34  designee has issued a registry identification card to him, submit to

7-35  the Department the information required pursuant to subparagraph

7-36  (2) of paragraph (b) of subsection 1 of NRS 453A.230.

7-37      2.  A person may have only one designated primary caregiver at

7-38  any one time.

7-39      3.  If a person designates a primary caregiver after the time that

7-40  he initially applies for a registry identification card, the Department

7-41  or its designee shall, except as otherwise provided in subsection 5 of

7-42  NRS 453A.210, issue a registry identification card to the designated

7-43  primary caregiver as soon as practicable after receiving the

7-44  information submitted pursuant to paragraph (b) of subsection 1.

 

8-1  Sec. 9.  NRS 453A.310 is hereby amended to read as follows:

8-2  453A.310  1.  Except as otherwise provided in this section and

8-3  NRS 453A.300, it is an affirmative defense to a criminal charge of

8-4  possession, delivery or production of marijuana, or any other

8-5  criminal offense in which possession, delivery or production of

8-6  marijuana is an element, that the person charged with the offense:

8-7  (a) Is a person who:

8-8       (1) Has been diagnosed with a chronic or debilitating

8-9  medical condition within the 12-month period preceding his arrest

8-10  and has been advised by his attending physician that the medical use

8-11  of marijuana may mitigate the symptoms or effects of that chronic

8-12  or debilitating medical condition;

8-13          (2) Is engaged in the medical use of marijuana; and

8-14          (3) Possesses, delivers or produces marijuana only in the

8-15  amount described in [paragraph (b) of] subsection 3 or 4 of NRS

8-16  453A.200 , as applicable, or in excess of that amount if the person

8-17  proves by a preponderance of the evidence that the greater amount is

8-18  medically necessary as determined by the person’s attending

8-19  physician to mitigate the symptoms or effects of the person’s

8-20  chronic or debilitating medical condition; or

8-21      (b) Is a person who:

8-22          (1) Is assisting a person described in paragraph (a) in the

8-23  medical use of marijuana; and

8-24          (2) Possesses, delivers or produces marijuana only in the

8-25  amount described in [paragraph (b) of] subsection 3 or 4 of NRS

8-26  453A.200 , as applicable, or in excess of that amount if the person

8-27  proves by a preponderance of the evidence that the greater amount is

8-28  medically necessary as determined by the assisted person’s

8-29  attending physician to mitigate the symptoms or effects of the

8-30  assisted person’s chronic or debilitating medical condition.

8-31      2.  A person need not hold a registry identification card issued

8-32  to him by the Department or its designee pursuant to NRS 453A.220

8-33  or 453A.250 to assert an affirmative defense described in this

8-34  section.

8-35      3.  Except as otherwise provided in this section and in addition

8-36  to the affirmative defense described in subsection 1, a person

8-37  engaged or assisting in the medical use of marijuana who is charged

8-38  with a crime pertaining to the medical use of marijuana is not

8-39  precluded from:

8-40      (a) Asserting a defense of medical necessity; or

8-41      (b) Presenting evidence supporting the necessity of marijuana

8-42  for treatment of a specific disease or medical condition,

8-43  if the amount of marijuana at issue is not greater than the amount

8-44  described in [paragraph (b) of] subsection 3 or 4 of NRS 453A.200 ,

9-1  as applicable, and the person has taken steps to comply

9-2  substantially with the provisions of this chapter.

9-3  4.  A defendant who intends to offer an affirmative defense

9-4  described in this section shall, not less than 5 days before trial or at

9-5  such other time as the court directs, file and serve upon the

9-6  prosecuting attorney a written notice of his intent to claim the

9-7  affirmative defense. The written notice must:

9-8  (a) State specifically why the defendant believes he is entitled to

9-9  assert the affirmative defense; and

9-10      (b) Set forth the factual basis for the affirmative defense.

9-11  A defendant who fails to provide notice of his intent to claim an

9-12  affirmative defense as required pursuant to this subsection may not

9-13  assert the affirmative defense at trial unless the court, for good cause

9-14  shown, orders otherwise.

9-15      Sec. 10.  NRS 453A.400 is hereby amended to read as follows:

9-16      453A.400  1.  The fact that a person possesses a registry

9-17  identification card issued to him by the Department or its designee

9-18  pursuant to NRS 453A.220 or 453A.250 does not, alone:

9-19      (a) Constitute probable cause to search the person or his

9-20  property[;] , including, without limitation, a propagation facility;

9-21  or

9-22      (b) Subject the person or his property , including, without

9-23  limitation, a propagation facility, to inspection by any

9-24  governmental agency.

9-25      2.  Except as otherwise provided in this subsection, if officers

9-26  of a state or local law enforcement agency seize marijuana, drug

9-27  paraphernalia or other related property from a person engaged or

9-28  assisting in the medical use of marijuana:

9-29      (a) The law enforcement agency shall ensure that the marijuana,

9-30  drug paraphernalia or other related property is not destroyed while

9-31  in the possession of the law enforcement agency.

9-32      (b) Any property interest of the person from whom the

9-33  marijuana, drug paraphernalia or other related property was seized

9-34  must not be forfeited pursuant to any provision of law providing for

9-35  the forfeiture of property, except as part of a sentence imposed after

9-36  conviction of a criminal offense.

9-37      (c) Upon a determination by the district attorney of the county in

9-38  which the marijuana, drug paraphernalia or other related property

9-39  was seized, or his designee, that the person from whom the

9-40  marijuana, drug paraphernalia or other related property was seized is

9-41  engaging in or assisting in the medical use of marijuana in

9-42  accordance with the provisions of this chapter, the law enforcement

9-43  agency shall immediately return to that person any usable

9-44  marijuana, marijuana plants, drug paraphernalia or other related

9-45  property that was seized.

10-1  The provisions of this subsection do not require a law enforcement

10-2  agency to care for live marijuana plants.

10-3      3.  For the purposes of paragraph (c) of subsection 2, the

10-4  determination of a district attorney or his designee that a person is

10-5  engaging in or assisting in the medical use of marijuana in

10-6  accordance with the provisions of this chapter shall be deemed to be

10-7  evidenced by:

10-8      (a) A decision not to prosecute;

10-9      (b) The dismissal of charges; or

10-10     (c) Acquittal.

10-11     Sec. 11. NRS 453A.500 is hereby amended to read as follows:

10-12     453A.500  The Board of Medical Examiners or the State Board

10-13  of Osteopathic Medicine, as applicable, shall not take any

10-14  disciplinary action against an attending physician on the basis that

10-15  the attending physician:

10-16     1.  Advised a person whom the attending physician has

10-17  diagnosed as having a chronic or debilitating medical condition, or a

10-18  person whom the attending physician knows has been so diagnosed

10-19  by another physician licensed to practice medicine pursuant to the

10-20  provisions of chapter 630 of NRS [:]or licensed to practice

10-21  osteopathic medicine pursuant to the provisions of chapter 633 of

10-22  NRS:

10-23     (a) About the possible risks and benefits of the medical use of

10-24  marijuana; or

10-25     (b) That the medical use of marijuana may mitigate the

10-26  symptoms or effects of the person’s chronic or debilitating medical

10-27  condition,

10-28  if the advice is based on the attending physician’s personal

10-29  assessment of the person’s medical history and current medical

10-30  condition.

10-31     2.  Provided the written documentation required pursuant to

10-32  paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a

10-33  registry identification card or pursuant to subparagraph (1) of

10-34  paragraph (b) of subsection 1 of NRS 453A.230 for the renewal of a

10-35  registry identification card, if:

10-36     (a) Such documentation is based on the attending physician’s

10-37  personal assessment of the person’s medical history and current

10-38  medical condition; and

10-39     (b) The physician has advised the person about the possible risks

10-40  and benefits of the medical use of marijuana.

10-41     Sec. 12.  NRS 453A.740 is hereby amended to read as follows:

10-42     453A.740  The Director of the Department shall adopt such

10-43  regulations as the Director determines are necessary to carry out the

10-44  provisions of this chapter. The regulations must set forth, without

10-45  limitation:

11-1      1.  Procedures pursuant to which the State Department of

11-2  Agriculture will, in cooperation with the Department of Motor

11-3  Vehicles, cause a registry identification card to be prepared and

11-4  issued to a qualified person as a type of identification card described

11-5  in NRS 483.810 to 483.890, inclusive. The procedures described in

11-6  this subsection must provide that the State Department of

11-7  Agriculture will:

11-8      (a) Issue a registry identification card to a qualified person after

11-9  the card has been prepared by the Department of Motor Vehicles; or

11-10     (b) Designate the Department of Motor Vehicles to issue a

11-11  registry identification card to a person if:

11-12         (1) The person presents to the Department of Motor Vehicles

11-13  valid documentation issued by the State Department of Agriculture

11-14  indicating that the State Department of Agriculture has approved the

11-15  issuance of a registry identification card to the person; and

11-16         (2) The Department of Motor Vehicles, before issuing the

11-17  registry identification card, confirms by telephone or other reliable

11-18  means that the State Department of Agriculture has approved the

11-19  issuance of a registry identification card to the person.

11-20     2.  Criteria for determining whether a marijuana plant is a

11-21  mature marijuana plant or an immature marijuana plant.

11-22     3.  Fees for:

11-23     (a) Providing to an applicant an application for a registry

11-24  identification card, which fee must not exceed $50; and

11-25     (b) Processing and issuing a registry identification card, which

11-26  fee must not exceed $150.

11-27     Sec. 13. NRS 633.521 is hereby amended to read as follows:

11-28     633.521  An osteopathic physician is not subject to disciplinary

11-29  action solely for [prescribing] :

11-30     1.  Prescribing or administering to a patient under his care:

11-31     [1.] (a) Amygdalin (laetrile), if the patient has consented to the

11-32  use of the substance.

11-33     [2.] (b) Procaine hydrochloride with preservatives and

11-34  stabilizers (Gerovital H3).

11-35     [3.] (c) A controlled substance which is listed in schedule II, III,

11-36  IV or V by the State Board of Pharmacy pursuant to NRS 453.146,

11-37  if the controlled substance is lawfully prescribed or administered for

11-38  the treatment of intractable pain in accordance with accepted

11-39  standards for the practice of osteopathic medicine.

11-40     2.  Engaging in any activity in accordance with the provisions

11-41  of chapter 453A of NRS.

11-42     Sec. 14.  This act becomes effective on July 1, 2003.

 

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