MEDICAL MARIJUANA BILL MOVES ON IN LEGISLATURE

A proposed medical marijuana bill in Nevada has moved forward, after
legislative lawyers determined a U.S. Supreme Court ruling does not
affect the state's plan, lawmakers said Friday.

The opinion by legislative lawyers says the high court ruling Monday
does not forbid states from decriminalizing the use of pot by seriously
ill people.

"The Supreme Court did 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," according to the opinion.

Assembly Bill 453 sponsor Assemblywoman Chris Giunchigliani, D-Las
Vegas, said the legal opinion bolsters Nevada's stand on medical
marijuana, a plan twice approved by voters.

"I'm absolutely convinced our bill is constitutional," she said.

The Assembly Ways and Means Committee unanimously passed the bill
Thursday and sent it to the Assembly floor for a vote next week.

AB 453 would create a state registry with identification cards. Patients
suffering from such terminal illnesses as cancer, AIDS and glaucoma
could apply for a card if approved by a licensed Nevada doctor. Approved
patients could grow up to seven plants at home and use the drug only
there.

AB 453 also would reduce 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, although marijuana
possession in Nevada is a felony.

"I'm pretty sure it will stay in the bill," said Giunchigliani.

If AB 453 is approved, it would go to the Senate, where its fate is
uncertain. Sen. Mark James, R-Las Vegas, chairman of the Senate
Judiciary Committee, said he didn't see the point of approving a bill
that conflicts with a federal law.

In 1998 and 2000, nearly two out of every three Nevada voters supported
the use of marijuana for medicinal purposes. Nevada joins voters in
Arizona, Alaska, California, Colorado, Maine, Oregon and Washington in
passing such ballot initiatives. The Hawaii Legislature passed a similar
law that was signed by the governor last year.