BOARD OF AGRICULTURE: PANEL ADOPTS MARIJUANA RULES

Program Starts In About A Month For Some Patients

CARSON CITY -- A state-run medical marijuana program allowing
physician-approved patients to grow and use the drug will begin Oct.
1 after unanimous approval of regulations Thursday by the Board of
Agriculture.

Nevada is the ninth state to offer a medical marijuana program after
action by the 2001 Legislature. Under the state law, qualified
patients suffering from AIDS, cancer and other illnesses, or nausea
related to those illnesses, can grow small amounts of the drug in
their homes for personal use.

The Department of Agriculture was designated as the agency to
administer the program. Regulations were approved by the board after
a public hearing that prompted testimony from only one person.

"We're ready to run an effective program," said Paul Iverson,
director of the agency.

But some members of the board had misgivings, both with regard to the
use of marijuana and the cost to the agency of administering a
program without funding. The Legislature, citing budget constraints,
provided no money to operate the program.

"I think this is a major slippery slope here," said board member John
Cooper of Sparks.

He questioned what would happen if a physician was too liberal in
approving the use of medical marijuana, and what would happen to
someone in the program who used the drug while driving.

Iverson said there are a number of prohibitions regarding the use of
medical marijuana. Using the drug in public or driving while under
its influence is illegal. Anyone caught driving under the influence
would be subject to Nevada's criminal laws, he said.

Gina Session, representing the attorney general's office, said the
Board of Medical Examiners, which governs physicians, will monitor
Nevada doctors' involvement in the program. The law requires a
licensed Nevada physician to sign a form authorizing a patient to
become a member of the program.

At a public hearing on the program held by the agency last week,
there was some discussion about whether Nevada doctors would be
willing to sign the form required for a person to enroll in the
program.

Larry Matheis, executive director of the Nevada State Medical
Association, said Thursday he does not know what to expect when the
law takes effect. A physician may feel strongly about the program and
decide to authorize, he said.

"We're taking it step-by-step," Matheis said. "We just want to make
sure that neither the physician or the patient is harmed."

Officials with the Board of Medical Examiners have declined to
comment on the program. Members of the board could not be reached
either.

At the public hearing last week in the capital, Ed Foster, a
spokesman for the Agriculture Department, said when a similar program
was initiated in Oregon, it took more than 90 days before a doctor
was willing to authorize use of the plant for a patient.

Once the first doctor committed to the program, others quickly
followed, he said.

Nevada's program is modeled after the Oregon plan.

Don Henderson, assistant administrator of the Agriculture Department,
told the board that so far the federal government has not moved to
enforce its laws against marijuana use and possession in states where
medical marijuana programs are in place.

But participants in the program would still be subject to federal
prosecution, he said.

The Agriculture Department will process the applications, but the
agency will not be a major source of information on medical
marijuana. Participants will have to obtain their own seeds and grow
their own plants.

Iverson said about 100 people have contacted the agency expressing an
interest in an application. There is no fee for the application,
although participants have to be fingerprinted at their local law
enforcement agency and obtain a photo identification from the
Department of Motor Vehicles.

Iverson said the agency has received about $1,000 in donations to
operate the program.

(SIDEBAR)

GUIDELINES

Highlights of Nevada's medical marijuana program:

- - Program begins Oct. 1.

- - Applications can be requested beginning Sept. 24 by writing to
Program Manager Cecile Crofoot, Nevada Department of Agriculture,
P.O. Box 948, Carson City, NV 89702-0948.

- - No application fee.

- - Participants can have no more than 1 ounce of harvested marijuana
in their possession and no more than seven plants.

- - Participants must obtain their own seeds.

- - A photo identification card from Department of Motor Vehicles must
be obtained.

- - The signature of a licensed Nevada physician is required.

- - Program participants cannot use marijuana in public.

- - Program participants cannot drive a vehicle while under the
influence of marijuana.

- - Failure to notify the Agriculture Department of a change of address
or other change within seven days can result in expulsion.

- - Annual renewal required.