WILL OF THE PEOPLE: MEDICAL MARIJUANA LAW EARNS SIGNATURE

Guinn Approves Measure Supported By Voters

Gov. Kenny Guinn signed into law Thursday a bill that makes Nevada
the ninth state where patients can use marijuana for medical reasons.

Guinn signed Assembly Bill 453, which allows Nevadans with AIDS,
cancer, glaucoma and other illnesses to use marijuana with the
written permission of their doctors. They may grow as many as seven
marijuana plants and not risk arrest by Nevada law enforcement
authorities.

Some studies have shown marijuana use reduces pain and nausea
associated with some ailments and improves patient appetite.

"I am signing the bill for two reasons: The people of the state of
Nevada opened this ... and it passed the legislative process with
public hearings," Guinn said. "It is for medicinal purposes."

The law decriminalizes possession of small amounts of marijuana,
which is, at present, a felony.

The new law, effective Oct. 1, makes first-time possession of one
ounce or less of marijuana a misdemeanor, punishable by a $600 fine.
A fourth conviction would merit felony charges.

A panel of judges, including Supreme Court Justice Bob Rose, backed
the move to reduce marijuana penalties.

In adopting the medical marijuana law, Guinn and the Legislature put
into effect the wishes of voters in the past two general elections.

Assemblywoman Chris Giunchigliani, D-Las Vegas, came up with medical
marijuana legislation similar to Oregon's, where 1,900 people have
permission to use marijuana. None have been prosecuted by federal
authorities, although the use of marijuana remains a federal crime.

The Nevada law requires the Department of Agriculture to set up a
registry program for approved medical marijuana users before Oct. 1.
The law does not specify where patients will acquire seeds for
growing marijuana. Several Web sites, mostly in Canada, offer seeds
for dozens of marijuana varieties.

In passing the medical marijuana law, Nevada legislators thumbed
their noses at the U.S. Supreme Court and federal authorities.

The court in May unanimously struck down a medical marijuana program
in Oakland, Calif., in a decision that many felt meant the end of
similar programs everywhere. But legislative lawyers ruled Nevada
still could approve its medical marijuana law.

"The federal government isn't going to come in and bust people,"
Giunchigliani said. "It is almost like a `don't look, don't tell'
type of program."

She added that passage of medical marijuana programs in so many
states will put pressure on Congress to remove marijuana from its
list of controlled substances and start a national dialogue on the
drug's medical benefits.

Nonetheless, the court decision and federal laws against marijuana
concerned Sen. Ray Rawson, R-Las Vegas. At his request, the Senate
added a preamble to the law pointing out Nevadans' overwhelming
support for medical marijuana. The preamble states: "Nevada as a
sovereign state has the duty to carry out the will of the people."

Rawson said no one can predict whether federal agents will arrest
people who have permission to use marijuana in Nevada.

At his urging, the law also calls on the University of Nevada School
of Medicine to seek federal approval of a research program into the
medicinal benefits of marijuana.

Guinn said the federal government could stop the Nevada program, but
the law would remain on the books in case Congress changed its view
of marijuana.

"Certainly, it is contingent on the federal government and what they
do," the governor said.