BILL PROPOSES STATE-RUN MARIJUANA PROGRAM

State Would Grow Pot, License Users

Nevada lawmakers considered a bill Tuesday that would allow sick people
to use marijuana and would lower penalties possession of small amounts
of the drug.

Assembly Bill 453 would enact into law the wishes of voters who twice
have approved the medicinal use of marijuana.

Also folded into the measure is a plan to make possession of an ounce or
less a misdemeanor with a fine. Currently, possession of any amount of
marijuana -- from a seed to a pound -- is a felony.

The Assembly Judiciary Committee heard AB 453 on Tuesday, and after more
than an hour of testimony set the bill for a Thursday morning work
session, although some form of the measure is expected to pass.

Sponsoring Assemblywoman Chris Giunchigliani, D-Las Vegas, said more
voters supported the ballot question on the medical use of marijuana
than voted for Gov. Kenny Guinn in the 1998 election.

"The public has supported this measure twice," said Giunchigliani, who
has tried several times without success to get the Legislature to
defelonize small amounts of marijuana possession.

The bill is opposed by Nevada Attorney General Frankie Sue Del Papa who
says the state shouldn't act until the U.S. Supreme Court rules on the
constitutionality of state-run medical marijuana programs like the one
proposed by AB 453.

Committee members discussed whether to give the responsibility of
growing and distributing pot to the state. As proposed, the Department
of Agriculture would build an indoor growing facility that would cost
about $750,000.

The state would charge about $250 an ounce, and the program would be
self-funded, requiring no taxpayer dollars. Officials estimate about 400
people might take advantage of the program in its first year.

AB 453 would create a state registry of approved medical marijuana users
who have AIDS, cancer, glaucoma or other ailments that result in severe
seizures, nausea or pain and classified as a debilitating medical
condition. Insurance companies would not be required to cover the cost
of the drug.

The drug could be prescribed only by a physician in good standing with
the state licensing board. Patients would have to apply for a registry
card issued by the Department of Motor Vehicles. The application fee
could not exceed $150.

One advantage cited for the plan would be the ability of the state to
genetically mark state-grown marijuana. That would make it easier for
law enforcement to know whether someone possessing pot bought it off the
street or through the state.

Giunchigliani agreed a state-run facility probably isn't the best plan,
but said AB 453 was modeled on a program in Oregon. She supports the
advice of legislative lawyers that the state should allow sick people to
grow their own marijuana.

"If we agree that marijuana has medicinal properties, why can't we treat
it like any prescription drug," said Assemblyman Greg Brower, R-Reno.
"Why does the state have to be involved."

Dan Geary of Nevadans for Medical Rights said a state-run program would
ensure marijuana was produced only for sick people. He added the
marijuana also would be consistent and he opposes patients growing their
own. California and other states have growing cooperatives that serve
entire regions.

"We can ensure the consistency and potency of the plants," Geary said.
"It relieves law enforcement of the burden of monitoring patients who
are growing their own."

Assemblywoman Barbara Buckley, D-Las Vegas, said the Legislature must
follow the wishes of voters, but she doesn't want the state to get into
the pot-growing business.

"The state has no money this session for start-up costs," she said.

Others who spoke against the bill included Janine Hansen, president of
the Nevada Eagle Forum.

"The myth that marijuana is no more a drug than alcohol has been
actively promoted by the drug cartels," she said. "Without marijuana the
markets for cocaine and heroin would disappear."

Washoe County Sheriff's Capt. Jim Nadeau said the department has no
position on the medical marijuana or whether possession should be a
felony.

"Certainly we don't endorse people using or abusing drugs but as far as
the criminal aspects, it's the Legislature's purview," he said.

The Washoe County District Attorney's Office opposed the measure.
Lobbyist Gemma Waldron said marijuana is a gateway drug, leading to use
and abuse of drugs like cocaine and heroin.

"Our position is that Marinol is medical marijuana and this bill is not
necessary," she said, referring to a pharmaceutical drug with similar
properties to marijuana.

Giunchigliani said some patients don't respond to Marinol and doctors
should have discretion. "This is not going to be something that's
generally prescribed," she said.

Giunchigliani said Nevadans already are using marijuana to treat the
effects of terminal illness.

A Las Vegas woman identified only as Rose said marijuana has been a key
part of her husband's medical regimen for several years. Her husband was
paralyzed in an accident 10 years ago and has suffered from severe
seizures ever since. Some of the fits have been so strong his body is
flung from his wheelchair.

"The use of marijuana has enabled him to function," Rose said. "Our goal
is not to break the law. Mostly we're just trying to survive."