MEDICAL MARIJUANA ATTACHED TO BILL

Assemblywoman Piggybacks Voter-Approved Amendment To Her Legislation
Reducing Penalties

CARSON CITY -- When no other legislator would introduce the
voter-approved amendment allowing medical marijuana, an assemblywoman
decided to piggyback the plan on her bill reducing penalties for
possession of marijuana.

"No legislator was bothering to implement what the voters passed," said
Assemblywoman Chris Giunchigliani, D-Las Vegas. "A legislator has to do
it and nothing was coming."

She said Wednesday she has asked legislative lawyers to add the medical
marijuana initiative to her own bill that makes possession of small
amounts of marijuana a misdemeanor.

Nevada law now makes possession of any amount of marijuana a felony
offense, though generally offenders bargain the crime down to a lesser
penalty.

Although 65 percent of the voters last November approved the ballot
question to allow doctors to order marijuana for cancer, AIDS and other
patients, the state laws do not include a way to automatically implement
their wishes.

The constitutional amendment calls for the Legislature to come up with a
registry of people authorized to use marijuana and to provide a way for
them to acquire marijuana.

Giunchigliani wants to set up a state registry of marijuana users
similar to the registry operated by state health official in Oregon.

Unlike Oregon, which lets authorized users grow marijuana plants, she
wants the state to provide marijuana, probably through a state-run farm.

She added that she does not favor a proposal backed by an ad hoc
committee of doctors and pharmacists to have the University of Nevada
Medical School carry out an experimental program on the benefits of
medical marijuana.

"The state possibly would grow it," she said. "I think grow-your-own
gets you in too much trouble."

Dan Hart, the leader of Nevada for Medical Rights, met with
Giunchigliani this week and backs her medical marijuana plan. His
organization, a branch of Americans for Medical Rights, lobbied for
Nevada to allow sick people to use marijuana. Nine states now have
medical marijuana laws.

Eventually, Hart predicts the Legislature will sever the misdemeanor
marijuana proposal from the medical marijuana initiative.

"If the committee wants to separate the issues, that's fine with me,"
Giunchigliani said. "This is just a vehicle to get it going."

She tried unsuccessfully two years ago to induce the Legislature to
lower marijuana possession penalties. Her proposal passed the Assembly
Judiciary Committee, but never received a hearing in the Ways and Means
Committee.

Giunchigliani is more confident about passage this legislative session.

"No one wants the felony law," she said.

Under her bill, people with small amounts of marijuana would have to pay
$500 penalties. When convicted a second time, they also must attend a
course on drug usage.

She does not know when her bill will be ready for introduction in the
Assembly.