cannabisnews.com: Hearing Reveals Contradictions Surrounding New Law





Hearing Reveals Contradictions Surrounding New Law
Posted by FoM on August 08, 2001 at 07:46:37 PT
By Erika Fricke, Reno Gazette-Journal
Source: Reno Gazette-Journal
A hearing Tuesday to answer questions about Nevada’s new medicinal marijuana law left people with many uncertainties that some said could force them to break the law. “First you’ve got to be illegal to get the seed, so you’re in jeopardy, and when you harvest the plant you’re in jeopardy,” said Gary Brown, one of the few potential users who attended the meeting sponsored by the Department of Agriculture at the Sparks City Hall. Gov. Kenny Guinn signed the law June 14, to take effect Oct, 1. 
The Department of Agriculture anticipates that between 200 and 400 people will enter the program in the first year, but officials said they will be prepared if many more join. Assistant Director Don Henderson said the program has many problems but most changes would have to wait until the next legislative session. “The contradiction in the whole law is you want to make something that’s useful for the people who need it, but won’t be taken advantage of by the people who want it,” he said after the meeting, which drew about 10 people.The program allows medical marijuana users registered with the Nevada Department of Agriculture to legally grow, own, transport, or use up to one ounce of marijuana, and seven marijuana plants. But users are not exempt from federal laws and are still liable for federal prosecution.Participants during Tuesday’s meeting said the program allows growing and use, but it doesn’t provide any way for them to initially start growing plants, or account for the fact that harvesting three blooming plants will yield more than one ounce of marijuana, putting growers in violation of the law.Under the plan, participants will get a signature from a physician confirming they suffer from a qualifying illness, give fingerprints and be checked in a regional database of 11 western states to see if they have ever been convicted of selling drugs.Each year, participants will register anew for the program and receive a card from the Department of Motor Vehicles proving their right to use small quantities of marijuana: one ounce of marijuana, three mature plants, and four immature plants. There will be no cost to register, but there will be fingerprint and ID card costs.Qualifying illnesses include AIDS, cancer, glaucoma, muscle spasms including muscular dystrophy, seizures and severe nausea. Interested parties can also petition the Division of Health to include other illnesses or symptoms.The design is based on similar medical marijuana programs in Oregon and Maine, with most of the plan legislated, not created by the Department of Agriculture.Meeting participants worried that the marijuana program could not address several of their concerns, the primary one being how to get it—both when patients first start to grow, and for those patients who can’t grow themselves.“People who can’t grow their own are forced to the streets for access,” said Kathy Chambless, whose husband suffers from chronic pain. “It’s not safe.”Chambless, 49 of Fallon described her’s as a “normal, average-joe family.” With her hair held back in barrettes, and lilac shirt dotted with tiny blue flowers and buttoned to the top, she doesn’t fit the stereotypical portrait of someone who would be comfortable growing marijuana.She first became interested in medicinal marijuana use when her dying mother’s oncologist recommended marijuana to alleviate the pain. But, said Chambless, she couldn’t obtain it because it was unsafe to purchase it illegally.“I sat and watched her suffer and she died in my arms in excruciating pain,” she said. Chambless pointed out that street marijuana may not be pure, and the areas where people buy it aren’t necessarily the safest.“If I’m selling drugs, and I don’t have money, and I’m desperate…” she said, trailing off. “You just don’t know.”Other participants expressed concerns about getting doctor’s signatures. Although physicians won’t be prescribing marijuana, only certifying that a person is ill, some doctors still may not want to have any part of the program. The Nevada State Medical Association has gone on record as opposed to it, and participants said their own doctors feared federal reprisal.While the law protects professionals from having their licenses yanked because of medicinal marijuana use, it also says that businesses don’t have to accommodate use. Agricultural officials didn’t know whether workplaces could fire someone for using pot to ease pain outside of work hours.Costco touts its drug-free workplace, and Reno store general manager Phil Reddick didn’t know how he might handle a medical marijuana case. “We will have to take it if it does come up,” he said. “I guess we’ll have to wait and see.”Complete Title: Hearing Reveals Contradictions Surrounding New Medical Marijuana LawSource: Reno Gazette-Journal (NV)Author: Erika Fricke, Reno Gazette-JournalPublished: August 8th, 2001Copyright: 2001 Reno Gazette-Journal Website: http://www.rgj.com/Contact: rgjmail nevadanet.comRelated Articles:Donation Boosts Medical Marijuana Program http://cannabisnews.com/news/thread10492.shtmlMedical Marijuana Program To Start Oct. 1http://cannabisnews.com/news/thread10359.shtml Medical Marijuana Law Earns Signaturehttp://cannabisnews.com/news/thread10059.shtml
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Comment #1 posted by Rambler on August 08, 2001 at 16:11:43 PT
Yes
This brings up a very significant question.Just because state law makes it legal to grow afew plants,this is not enough.How can anyone growplants unless the obtain seeds,ILLEGALLY!Technically,or theoreticly,even though it waslegal for a patient to grow weed;unless the seedswere supplied by the state,the person with theplants could be busted for obtaining the seeds.Ifthere is no legal supply of seeds,then you areimmediatly guilty of obtaining them on the blackmarket.The note from the doctor would be basicallymeaningless if some prosecutor wanted to push theissue.Growing the plants would not be illegal,butby getting the seeds,you have proven that you brokethe law.
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