GROWING POT: QUESTIONS ON MARIJUANA USE ABOUND

State Medical Program Begins Oct. 1

CARSON CITY -- Applications to qualify for the Oct. 1 start-up of Nevada's
medical marijuana program can be requested beginning Sept. 24, but a state
official said Friday it may take several months before a doctor will risk
authorizing use of the plant.

Ed Foster, a spokesman for the state Department of Agriculture, which is
implementing the medical marijuana program following its approval by the
2001 Legislature, said that, 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.

"After the first doctor did it, the rest followed," he said.

Nevada's program requires the approval of a licensed state physician before
a person is allowed to grow marijuana for personal medical use.

The Board of Medical Examiners is keeping its distance from the program. A
call to the board Friday resulted only in messages from Executive Director
Larry Lessly, relayed by staff, that the Department of Agriculture is
handling the program.

Questions about whether the board has a policy on the program, or whether
it is advising physicians on how to deal with medical marijuana, were
answered with the same relayed response.

Efforts to reach members of the board were unsuccessful.

Don Henderson, assistant administrator of the Agriculture Department, said
those qualifying for the program will be immune from state and local
prosecution for marijuana possession, but still could be subjected to
federal prosecution.

Former Arkansas Rep. Asa Hutchinson, who was sworn in earlier this month as
administrator of the U.S. Drug Enforcement Administration, has indicated he
will uphold federal laws that ban the use of marijuana.

Henderson said the state agency will not provide lists of doctors who
authorize the use of medicinal marijuana for patients. It also will be up
to qualified users to obtain the seeds needed to grow their own plants, he
said.

The regulations prohibit the use of medicinal marijuana in public.

About 10 people attended a public hearing on proposed regulations for
implementation of the state medical marijuana program, asking questions and
seeking clarification of the rules. Final adoption of the regulations is
scheduled for Thursday in the capital.

Attendee Aimee Schoenfeldt said the proposed regulations were well thought
out and the law long overdue.

Her only concern was a limitation on caregivers, who under the law can be
qualified to grow marijuana on behalf of a single qualified patient. Some
caregivers look after more than one person, and expanding the limit to at
least two patients would be an improvement, she said.

Henderson said the limitation was intended to ensure that only small
amounts of marijuana are grown for medicinal use.

Under the state law passed in June, qualified patients suffering from AIDS,
cancer, nausea and other illnesses may grow as many as seven marijuana
plants with the permission of their doctors.

There is no application fee, but those found eligible for the program will
have to obtain a photo identification card from the Department of Motor
Vehicles and submit a fingerprint card to local law enforcement, both of
which will require fees of less than $20.

Applications to enroll in the program will be processed by the Department
of Agriculture, but cannot be requested until Sept. 24. Application
requests can be mailed to Program Manager Cecile Crofoot, Nevada Department
of Agriculture, P.O. Box 948, Carson City NV 89702-0948.