CHAPTER 453A - MEDICAL USE OF MARIJUANA

GENERAL PROVISIONS

NRS 453A.010          Definitions.

NRS 453A.020          “Administer” defined.

NRS 453A.030          “Attending physician” defined.

NRS 453A.040          “Cachexia” defined.

NRS 453A.050          “Chronic or debilitating medical condition” defined.

NRS 453A.060          “Deliver” and “delivery” defined.

NRS 453A.070          “Department” defined.

NRS 453A.080          “Designated primary caregiver” defined.

NRS 453A.090          “Division” defined.

NRS 453A.100          “Drug paraphernalia” defined.

NRS 453A.110          “Marijuana” defined.

NRS 453A.120          “Medical use of marijuana” defined.

NRS 453A.130          “Production” defined.

NRS 453A.140          “Registry identification card” defined.

NRS 453A.150          “State prosecution” defined.

NRS 453A.160          “Usable marijuana” defined.

NRS 453A.170          “Written documentation” defined.

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION 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 cards: Holder to notify Department 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 Department 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.

MISCELLANEOUS PROVISIONS

NRS 453A.700          Duties of Department 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 Director of Department concerning gifts, grants, donations and contributions; 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          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.

_________

GENERAL PROVISIONS

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

      (Added to NRS by 2001, 3054 )

      NRS 453A.020   “Administer” defined.   “Administer” has the meaning ascribed to it in NRS 453.021 .

      (Added to NRS by 2001, 3054 )

      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 )

      NRS 453A.040   “Cachexia” defined.   “Cachexia” means general physical wasting and malnutrition associated with chronic disease.

      (Added to NRS by 2001, 3054 )

      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 )

      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 453A.070   “Department” defined.   “Department” means the State Department of Agriculture.

      (Added to NRS by 2001, 3054 )

      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 )

      NRS 453A.090   “Division” defined.   “Division” means the Health Division of the Department of Health and Human Services.

      (Added to NRS by 2001, 3055 )

      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 453A.110   “Marijuana” defined.   “Marijuana” has the meaning ascribed to it in NRS 453.096 .

      (Added to NRS by 2001, 3055 )

      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 chronic or debilitating medical condition.

      (Added to NRS by 2001, 3055 )

      NRS 453A.130   “Production” defined.   “Production” has the meaning ascribed to it in NRS 453.131 .

      (Added to NRS by 2001, 3055 )

      NRS 453A.140   “Registry identification card” defined.   “Registry identification card” means a document issued by the Department or its designee that identifies:

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

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

      (Added to NRS by 2001, 3055 )

      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 )

      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 )

      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 )

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION 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.

      1.  Except as otherwise provided in this section and NRS 453A.300 , a person who holds a valid registry identification card issued to him 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 him 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 )

      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 Department shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.

      2.  Except as otherwise provided in subsections 3 and 5 and NRS 453A.225 , the Department 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 Department accompanied by the following:

      (a) Valid, written documentation from the person’s attending physician stating that:

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

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

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

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

      (c) Proof satisfactory to the Department 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 his attending physician in which the attending physician approves of the designation of the primary caregiver.

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

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

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

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

             (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

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

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

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

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

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

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

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

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

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

             (4) One copy to:

                   (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 Department its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall report to the Department its findings as to the licensure and standing of the applicant’s attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).

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

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

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

             (2) Document his consultation with an attending physician regarding the medical use of marijuana in connection with that condition;

      (b) The applicant failed to comply with regulations adopted by the Department, including, without limitation, the regulations adopted by the Director pursuant to NRS 453A.740 ;

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

      (d) The Department determines that the attending physician of the applicant is not licensed to practice medicine 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 Department determines that the applicant, or his designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;

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

      (g) The Department determines that the applicant, or his 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 Department to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Department. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

      7.  A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Department or a court of competent jurisdiction authorizes reapplication in a shorter time.

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

      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 )

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

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

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

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

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

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

      (c) The name and address of the applicant’s designated primary caregiver, if any; and

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

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

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

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

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

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

      4.  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 Department.

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

      NRS 453A.225   Registry identification cards: Revocation; duties; judicial review; reapplication prohibited for 12 months.

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

      (a) Provided falsified information on his application to the Department 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 Department 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 Department 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 Department 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 Department 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 Department 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 registry identification card to the Department within 7 days after receiving the notice sent pursuant to paragraph (a).

      4.  The decision of the Department 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 Department or a court of competent jurisdiction authorizes reapplication in a shorter time.

      (Added to NRS by 2005, 685 )

      NRS 453A.230   Registry identification cards: Holder to notify Department 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 Department 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 Department:

      (a) Notify the Department of any change in his name, address, telephone number, attending physician or designated primary caregiver, if any; and

      (b) Submit annually to the Department:

             (1) Updated written documentation from his attending physician in which the attending physician sets forth that:

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

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

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

             (2) If he elects to designate a primary caregiver for the subsequent year and the primary caregiver so designated was not the person’s designated primary caregiver during the previous year:

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

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

      2.  A person to whom the Department or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 453A.22