MARIJUANA ACTIVISTS TAKE STAND AGAINST BILL

CARSON CITY -- Medical marijuana advocates testified Monday that a
bill prescribing prison sentences for growing more than seven
marijuana plants will prevent sick people from getting their "medicine."

"This bill would send many patients to prison," testified Pierre
Werner, a former medical marijuana patient who spent 19 months in prison.

Under current law, the sentence for growing marijuana for sale
depends on the pounds of marijuana grown. Senate Bill 262 targets
medical marijuana card holders and bases their sentence on the number
of plants they are growing.

Medical marijuana patients can grow up to seven plants if they hold a
card from the state Health Division. Nevada voters in 2000 approved a
ballot measure to allow medical marijuana for people with illnesses
who have a doctor's authorization to use the drug.

The proposed measure states a medical marijuana patient with eight or
more plants would be considered as having "prima facie evidence" of
cultivating marijuana for purpose of sale.

Having one to 25 plants in excess of the allowed limit would be a
felony punishable by one to six years in prison. Harsher sentences
would apply according to how many plants the patient possessed.

A patient with 500 or more marijuana plants in excess of the allowed
amount could be sentenced to three to 15 years in prison and fined as
much as $100,000.

During the hearing, witnesses said police exaggerate the amount of
usable marijuana that each plant can produce.

"Most plants are grown indoors," marijuana advocate Michael
McCullough told the Senate Judiciary Committee. "They are lucky to
get 1 or 2 ounces per plant."

But he said police will state a single plant produces a pound or two
of marijuana.

After the hearing, Sen. Allison Copening, D-Las Vegas, said she did
not intend to target legitimate medical marijuana users.

She introduced the bill at the request of Las Vegas police, who told
her they were concerned a "drug cartel" might be cultivating pot in
Nevada for purposes of sale.

"My intent is to get those doing it for profit," she said.

"I am a cancer survivor," Copening added. "I know a lot of people who
have medical marijuana licenses smoke it to induce an appetite. I
understand the need for these patients. It also is necessary for some
for pain management."

During the hearing, Werner said the bill should be changed to allow
patients to grow as many as 99 plants. He said patients need a
24-ounce supply every 90 days.

"It is ridiculous to expect people on chemotherapy to grow their own
medicine," he added. "We need a system where they can buy it. Charge
a $50 per ounce tax, and it would bring in millions for Nevada."

He backed a medical marijuana clinic system such as the one in
California, where patients can buy several varieties of marijuana.

A total of 564 people have permits to use medical marijuana,
according to the state Health Division.