DOCTORS RESIST MEDICAL MARIJUANA PROGRAM

State officials are busy fine-tuning Nevada's new medicinal marijuana
program, and both supporters and opponents of the new law agree success
hinges on convincing reluctant physicians to participate.

"All this planning and ideas are wonderful, but the state needs to get its
head out of the sand," said a Las Vegas man whose wife has multiple
sclerosis. "I just don't believe doctors are going to go along with this."

The state medical association, which represents about 1,100 physicians,
opposes the program, stating that there were alternatives for treating the
symptoms and no definitive evidence exists that smoking marijuana is
beneficial.

Nevada voters, in the two separate elections required by state charter for
constitutional amendments, overwhelmingly voted to allow patients with
cancer, AIDS or multiple sclerosis to use medical marijuana. The program is
set to start Oct. 1.

To qualify, patients need a statement from their doctors stating that
marijuana would help. Doctors must have a medical degree and be in good
standing with the state licensing board. Chiropractors, homeopathic doctors
and acupuncturists would not be qualified to issue prescriptions.

The patient would then be issued a photo identification card similar to a
driver's license. People convicted of selling controlled substances would
not be eligible for the program. Patients would be allowed to have up to
three mature plants and four immature plants at a time, but they will not
be permitted to use the drug in public places.

Lawrence Matheis, executive director of the Nevada State Medical
Association, on Thursday said that he has heard from Nevada physicians, who
have questions about the medical marijuana program and possible conflicts
with the Federal Controlled Substances Act.

The U.S. Supreme Court decided in May that existing federal laws don't view
marijuana as having medical benefits worthy of an exception, except in
cases of government-sanctioned research. Supporters of Nevada's new law are
quick to point out that the federal ruling would have no impact on the
state's proposed program.

Assemblywoman Chris Giunchiliani, D-Las Vegas, chief sponsor of the
legislation, said the federal ruling had to do with how marijuana could be
grown and distributed, not whether a state could set up a program for
medicinal use and allow patients to possess small amounts of the drug.

Representatives from the state program said Thursday the law is carefully
worded so that the physician identifies a patient only as someone with
chronic pain; physicians don't actually write prescriptions for marijuana
or supplying the drug. But the federal government may take a different
view, Matheis said.

The state may issue medical licenses, but authority to write prescriptions
is granted by the Drug Enforcement Agency, Matheis said.

"Physicians need to know whether they will be putting their DEA
registration numbers at risk," Matheis said. "The ability to write
prescriptions is a significant part of any medical practice."

During the past legislative session, Attorney General Frankie Sue Del Papa
told Nevada legislators while they could certainly approve a medical
marijuana program, they couldn't expect to supercede federal law.

"There's no guarantee that the federal government won't prosecute federal
crimes related to the use of medical marijuana," Senior Deputy Attorney
General Tina Leiss said this morning.

Eight other states have medical marijuana programs and so far the DEA does
not appear to be targeting participants for prosecution, supporters of the
program have said.

The state's doctors aren't alone in their search for answers. A small but
vocal group turned up at the Grant Sawyer Building in Las Vegas Thursday
for a workshop on how the medical marijuana program can be carried out.
Questions ranged from whether people in the program can own guns to how
many patients a caretaker can be responsible for.

Several people also wanted to know whether they could hire someone to care
for their marijuana plants and whether the plants had to be at their homes.

"I can't keep a cactus alive," said one Las Vegas woman, who asked that her
name not be used. "I wouldn't even know where to get the seeds to start with."

Don Henderson, assistant director of the state agriculture department,
conceded Thursday that some areas of the program need to be clarified. A
public hearing will be held Aug. 22 at the Sawyer Building, where the
proposed changes will be finalized by the department, Henderson said.

Administrators have proposed several changes to the regulations:

Patients will have to submit a fingerprint card, give permission for a
background check and sign a waiver releasing the state from liability if
something goes wrong while they're using marijuana.

The Department of Agriculture will inform people via certified mail whether
their application for the program has been approved or denied and give an
explanation for any denial.

Patients will have seven days to inform the department of any changes to
their registry cards.

The department is also considering prohibiting caretakers from having more
than one patient at a time.