13 may be not be considered a lucky number, especially in Nevada, however it is the same number in a new series of articles which examine medical marijuana laws, state by state, and will be also sent to each Utah lawmaker as a kick-off for the 2014 campaign by UtahCARE - Cannabis Awareness, Respect and Education - “Educate in order to Medicate”, starting January, 2014.
The law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who have "written documentation" from their physician that marijuana may alleviate his or her condition.
The State of Nevada approved the following conditions for treatment with cannabis: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain.
Other conditions are subject to approval by the health division of the Nevada State Department of Health and Human Resources.
Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, three mature plants, and four immature plants.
The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.
Legislators added a preamble to the legislation stating, "[T]he state of Nevada as a sovereign state has the duty to carry out the will of the people of this state and regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana."
A separate provision requires the Nevada School of Medicine to "aggressively" seek federal permission to establish a state-run medical marijuana distribution program.
The Nevada Medical Marijuana Program is a state registry program within the Nevada Department of Health and Human Services, Nevada Division of Public and Behavioral Health. According to their website,
Their “role is to administer the provisions of the Medical Use of Marijuana law as approved by the Nevada Legislature and adopted on 2001”.
The first amendment to the program was effective October 1, 2001, from Assembly Bill 453 which served to create a state registry for patients whose physicians recommend medical marijuana and tasked the Nevada Department of Motor Vehicles with issuing identification cards. No state money was to be used for the program, instead it was to be funded entirely by donations.
"Provides for the registration of medical marijuana establishments authorized to cultivate or dispense marijuana or manufacture edible marijuana products or marijuana-infused products for sale to persons authorized to engage in the medical use of marijuana…”
From April 1, 2014, through March 31, 2016, a nonresident purchaser must sign an affidavit attesting to the fact that he or she is entitled to engage in the medical use of marijuana in his or her state or jurisdiction of residency.
Commencing April 1, 2016, the requirement for such an affidavit is replaced by computer cross-checking between the State of Nevada and other jurisdictions.
Patients who were growing before July 1, 2013 are allowed to continue home cultivation until March 31, 2016.
By sending Utah lawmakers articles such as this in order to educate them about the benefits of medicinal cannabis, UtahCARE - Cannabis Awareness, Respect and Education - will continue to provide momentum for the movement to legalize cannabis throughout the state.
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