STATE SENATOR SUGGESTS RESEARCH ON MEDICAL MARIJUANA USE

A state senator has suggested creating a statewide research project on the
use of medical marijuana as a way to sidestep a U.S. Supreme Court ruling
that keeps the state from distributing the illegal drug.

Sen. Ray Rawson, R-Las Vegas, said he doesn't want to approve a policy that
would put residents in violation of a federal law.

Assembly Bill 453, which allows for medicinal use of the illegal drug,
would allow sick Nevadans prescribed marijuana by a licensed doctor to grow
plants at home for their personal use.

A recent U.S. Supreme Court ruling does not exempt medical marijuana use
from federal laws regarding illegal drugs.

Rawson said creating a state research program that would include the 200 or
so people expected to apply for medical marijuana use could give Nevadans
some legal protection.

The state could grow, distribute and monitor the use of marijuana as a
medical research project.

"It's feasible for the state to set up a lab," Rawson said.

The Senate Committee on Human Resources and Facilities took no action on
the bill. Rawson said the bill would go to subcommittee to see if a
research program amendment could be hammered out. Legislators have only
five days to approve the bill before the 2001 session ends.

Dan Hart of Nevadans for Medical Rights, the group that organized the
medical marijuana initiative petition, said his concern with a state
research project is that such a plan requires federal approval that may
never come.

Giunchigliani said her initial plan for a state-run marijuana farm ran into
legal problems. Drug Enforcement Administration officials said that plan
would get the state into trouble, though there is a tacit understanding
with the DEA not to go after sick individuals who smoke pot.

Nevada voters have twice approved the use of medical marijuana, with 65
percent voting in favor of the plan in the 2000 election. AB 453 creates a
state registry and allows the Department of Motor Vehicles to issue cards
identifying approved medical marijuana users.

Patients suffering from terminal illnesses like cancer, AIDS and glaucoma
would be able to apply for the registry if approved by a licensed Nevada
doctor.

If approved, the patient could get the identification card and they would
be allowed to grow up to seven plants at home. They would only be allowed
to use the illegal drug in their home.

"We feel this is pretty clear that you can't walk around smoking a joint,"
Giunchigliani said.

AB 453 also reduces penalties for possession of less than an ounce of
marijuana.

That change is intended to reflect current court practice to charge drug
offenders with misdemeanors even though marijuana possession in Nevada is a
felony.