SENATE LIKELY TO BLOCK MEDICAL POT BILL

Sick Nevadans soon could soon be smoking marijuana to ease their pain,
after the Assembly Wednesday approved a medical marijuana plan that also
lowers penalties for possessing the illegal weed.

On a vote of 30-12, the Assembly approved AB 453, which creates a state
registry of sick people whose doctors prescribe the drug. Those
suffering from debilitating illnesses like cancer, AIDS and glaucoma
would be able to grow up to seven plants for their personal use.

"AB 453 simply implements the will of the people," said sponsoring
Assemblywoman Chris Giunchigliani, D-Las Vegas.

Nevada voters have twice approved the use of medicinal marijuana, but
some questioned whether AB 453 would survive after last week's ruling by
the U.S. Supreme Court. The justices ruled that cannibus growing clubs
in California, which also allows for medical marijuana use, violated
federal law banning the possession or use of marijuana.

But a legislative legal opinion given to lawmakers last week said the
Supreme Court ruling does not " in any way address the impropriety or
legality of the decision of a state to exempt persons from state
prosecution for the medical use of marijuana."

But some lawmakers disagree. Assemblyman Greg Brower, R-Reno, said he
supports the concept of medical marijuana but AB 453 "creates more
problems than it solves."

"This bill puts Nevadans in a Catch-22," Brower said. "It says we're not
going to prosecute for use, it's a federal crime, but don't worry about
that."

AB 453 goes to the Senate for consideration, where it's likely to
encounter trouble. Senate Judiciary Chairman Mark James, R-Las Vegas,
has said he doesn't see how Nevada can approve medicinal marijuana when
possession is still banned in federal law.

Nine of the 12 votes against AB453 were Republican, so the
Republican-controlled Senate may reject the measure.

Brower also said he's uncomfortable with the sections of AB 453 that
reduce marijuana possession from a felony to a misdemeanor and fine.
Giunchigliani said the change is just to put into law what's already in
practice.

During hearings on the bill, lawmakers were told that judges rarely send
first-time drug offenders to jail instead reducing the penalty to a
misdemeanor. Nevada is one of only a few states where first-time
marijuana possession is a felony.

"The drug court judges I've talked to don't like this bill," Brower
said.

Elko Republican John Carpenter said he voted for the bill because it
requires first-time drug offenders be evaluated by the court. If the
offender has a drug problem, he can be ordered to treatment.

"If we're going to make any headway on the drug problem it's going to be
through treatment," he said.

Voters in Nevada, Arizona, Alaska, California, Colorado, Maine, Oregon
and Washington have approved similar initiatives. Hawaii's legislature
passed a similar law and the governor signed it last year.

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