MEDICAL MARIJUANA BILL RECEIVES APPROVAL

Defying the U.S. Supreme Court and asserting its rights as a state,
the Assembly voted 30 to 12 to pass a bill that would allow patients
with doctors' permission to use marijuana for medical purposes.

Members approved Assembly Bill 453 that would set up a system under
which registered patients suffering from AIDS, cancer and other
illnesses could grow as many as seven marijuana plants in their homes.

The bill also changes a state law under which it is a felony to
possess any amount of marijuana. Under the bill, those caught with an
ounce or less of marijuana could be charged with a misdemeanor
punishable by a $600 fine. They would be ordered into a drug treatment
program if convicted a second time for marijuana possession.

The bill now moves to the Senate for further hearings and possible
action before the Legislature adjourns June 4. If approved in the
upper house, the plan would go to Gov. Kenny Guinn for his consent or
veto.

Guinn has expressed reservations about signing a bill that would
violate federal laws prohibiting the use of marijuana for any purpose.
He has advocated seeking federal approval of a research project under
which a limited number of people would use marijuana.

In speaking out for her bill, Assemblywoman Chris Giunchigliani, D-Las
Vegas, reminded lawmakers that they were only putting into effect the
medical marijuana constitutional amendment approved by voters in two
consecutive elections. Sixty-five percent of the voters last November
backed the marijuana plan.

"This is a states' right issue," added Giunchigliani, alluding to the
recent Supreme Court decision that struck down a marijuana
distribution program in Oakland, Calif., and that some thought
outlawed medical marijuana programs in all states. "You are just
following the will of the people and not condoning drug use."

Legislative lawyers reviewed the Supreme Court decision and determined
the state Legislature still could approve the medical marijuana bill,
though users might be subject to federal prosecution. Giunchigliani
said last week that she doubts federal agents would be sent to Nevada
to uproot the marijuana plants of sick people. She added after the
vote Wednesday that she is confident Guinn will sign the bill.

But Assemblyman Greg Brower, R-Reno, said the bill would place medical
marijuana users into a Catch-22 situation.

"We are saying we aren't going to prosecute you, but it's a federal
crime, but don't worry about it," he said.

He said states cannot pass medical marijuana laws until Congress
changes the federal law under which marijuana is a controlled substance.

But Assemblyman John Carpenter, R-Elko, said defying federal law "is
right down my alley" and he would back the bill. Carpenter led moves
in Elko County to defy the U.S. Forest Service and reopen a U.S.
Forest Service road in Jarbidge.

Assemblyman Bob Beers, R-Las Vegas, added that it makes no sense to
have a felony marijuana possession law "when it is OK to drink beer
until you cannot move."

In an interview after the vote, Assembly Speaker Richard Perkins,
D-Henderson, said the misdemeanor possession change only will put into
law what is the practice among police and prosecutors.

"Very rarely will you find anybody charged with a felony for a small
amount of marijuana," said Perkins, the deputy chief of the Henderson
Police Department. "I am of a mind this is a states' rights issue, and
we can do whatever we want in our state to govern our state."

Voting against the bill were Republicans Sharron Angle, Don Gustavson,
David Humke, Dawn Gibbons and Brower, all of Reno, David Brown and
Sandra Tiffany, both of Henderson, Barbara Cegavske and Kathy Von
Tobel, both of Las Vegas, along with Democrats John Lee and John
Oceguera, both of Las Vegas, and Debbie Smith of Sparks.