CHAPTER 453A - MEDICAL USE OF MARIJUANA

GENERAL PROVISIONS

NRS 453A.010          Definitions.

NRS 453A.020          “Administer” defined.

NRS 453A.030          “Attending physician” defined.

NRS 453A.040          “Cachexia” defined.

NRS 453A.050          “Chronic or debilitating medical condition” defined.

NRS 453A.060          “Deliver” and “delivery” defined.

NRS 453A.070          “Department” defined.

NRS 453A.080          “Designated primary caregiver” defined.

NRS 453A.090          “Division” defined.

NRS 453A.100          “Drug paraphernalia” defined.

NRS 453A.110          “Marijuana” defined.

NRS 453A.120          “Medical use of marijuana” defined.

NRS 453A.130          “Production” defined.

NRS 453A.140          “Registry identification card” defined.

NRS 453A.150          “State prosecution” defined.

NRS 453A.160          “Usable marijuana” defined.

NRS 453A.170          “Written documentation” defined.

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION CARDS

NRS 453A.200          Holder of valid registry identification card exempt from state prosecution for certain acts involving marijuana and drug paraphernalia; mere presence of person in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense.

NRS 453A.210          Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application.

NRS 453A.220          Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal.

NRS 453A.225          Registry identification cards: Revocation; duties; judicial review; reapplication prohibited for 12 months.

NRS 453A.230          Registry identification cards: Holder to notify Department of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card.

NRS 453A.240          Registry identification cards: Card to be returned to Department following diagnosis of absence of chronic or debilitating medical condition.

NRS 453A.250          Registry identification cards: General requirements concerning designation of primary caregiver; user of medical marijuana not to have more than one designated primary caregiver; timing of issuance of card to caregiver if caregiver designated after initial issuance of card to patient.

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

NRS 453A.300          Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty.

NRS 453A.310          Affirmative defenses.

SEARCH AND SEIZURE

NRS 453A.400          Possession of registry identification card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged or assisting in medical use of marijuana in accordance with provisions of chapter.

ACTIONS OF PROFESSIONAL LICENSING BOARDS

NRS 453A.500          Board of Medical Examiners and State Board of Osteopathic Medicine prohibited from taking disciplinary action against attending physician on basis of physician’s participation in certain activities in accordance with chapter.

NRS 453A.510          Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with chapter.

RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

NRS 453A.600          Program for evaluation and research of medical use of marijuana: Establishment by University of Nevada School of Medicine; federal approval; participants and subjects; quarterly report to Interim Finance Committee.

NRS 453A.610          Program for evaluation and research of medical use of marijuana: Duties of University of Nevada School of Medicine concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

NRS 453A.620          Program for evaluation and research of medical use of marijuana: Authority of Department of Administration of University of Nevada School of Medicine concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

NRS 453A.630          Program for evaluation and research of medical use of marijuana: Deposit, use and disposition of money; Department of Administration of University of Nevada School of Medicine to administer account.

NRS 453A.640          Department to pursue approval of Federal Government for establishment of seed bank and for establishment of program to produce and deliver marijuana for medical use.

MISCELLANEOUS PROVISIONS

NRS 453A.700          Duties of Department concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

NRS 453A.710          Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations.

NRS 453A.720          Authority of Director of Department concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

NRS 453A.730          Deposit, use and disposition of money; Director of Department to administer account.

NRS 453A.740          Regulations; fees.

NRS 453A.800          Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be accommodated in workplace.

NRS 453A.810          State not responsible for deleterious outcomes.

_________

GENERAL PROVISIONS

      NRS 453A.010   Definitions.   As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 453A.020 to 453A.170 , inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 3054 )

      NRS 453A.020   “Administer” defined.   “Administer” has the meaning ascribed to it in NRS 453.021 .

      (Added to NRS by 2001, 3054 )

      NRS 453A.030   “Attending physician” defined.   “Attending physician” means a physician who:

      1.  Is licensed to practice:

      (a) Medicine pursuant to the provisions of chapter 630 of NRS; or

      (b) Osteopathic medicine pursuant to the provisions of chapter 633 of NRS; and

      2.  Has responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition.

      (Added to NRS by 2001, 3054 ; A 2003, 1180 , 1430 )

      NRS 453A.040   “Cachexia” defined.   “Cachexia” means general physical wasting and malnutrition associated with chronic disease.

      (Added to NRS by 2001, 3054 )

      NRS 453A.050   “Chronic or debilitating medical condition” defined.   “Chronic or debilitating medical condition” means:

      1.  Acquired immune deficiency syndrome;

      2.  Cancer;

      3.  Glaucoma;

      4.  A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

      (a) Cachexia;

      (b) Persistent muscle spasms, including, without limitation, spasms caused by multiple sclerosis;

      (c) Seizures, including, without limitation, seizures caused by epilepsy;

      (d) Severe nausea; or

      (e) Severe pain; or

      5.  Any other medical condition or treatment for a medical condition that is:

      (a) Classified as a chronic or debilitating medical condition by regulation of the Division; or

      (b) Approved as a chronic or debilitating medical condition pursuant to a petition submitted in accordance with NRS 453A.710 .

      (Added to NRS by 2001, 3054 )

      NRS 453A.060   “Deliver” and “delivery” defined.   “Deliver” or “delivery” has the meaning ascribed to it in NRS 453.051 .

      (Added to NRS by 2001, 3054 )

      NRS 453A.070   “Department” defined.   “Department” means the State Department of Agriculture.

      (Added to NRS by 2001, 3054 )

      NRS 453A.080   “Designated primary caregiver” defined.

      1.  “Designated primary caregiver” means a person who:

      (a) Is 18 years of age or older;

      (b) Has significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition; and

      (c) Is designated as such in the manner required pursuant to NRS 453A.250 .

      2.  The term does not include the attending physician of a person diagnosed with a chronic or debilitating medical condition.

      (Added to NRS by 2001, 3054 )

      NRS 453A.090   “Division” defined.   “Division” means the Health Division of the Department of Health and Human Services.

      (Added to NRS by 2001, 3055 )

      NRS 453A.100   “Drug paraphernalia” defined.   “Drug paraphernalia” has the meaning ascribed to it in NRS 453.554 .

      (Added to NRS by 2001, 3055 )

      NRS 453A.110   “Marijuana” defined.   “Marijuana” has the meaning ascribed to it in NRS 453.096 .

      (Added to NRS by 2001, 3055 )

      NRS 453A.120   “Medical use of marijuana” defined.   “Medical use of marijuana” means:

      1.  The possession, delivery, production or use of marijuana;

      2.  The possession, delivery or use of paraphernalia used to administer marijuana; or

      3.  Any combination of the acts described in subsections 1 and 2,

Ê as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his chronic or debilitating medical condition.

      (Added to NRS by 2001, 3055 )

      NRS 453A.130   “Production” defined.   “Production” has the meaning ascribed to it in NRS 453.131 .

      (Added to NRS by 2001, 3055 )

      NRS 453A.140   “Registry identification card” defined.   “Registry identification card” means a document issued by the Department or its designee that identifies:

      1.  A person who is exempt from state prosecution for engaging in the medical use of marijuana; or

      2.  The designated primary caregiver, if any, of a person described in subsection 1.

      (Added to NRS by 2001, 3055 )

      NRS 453A.150   “State prosecution” defined.   “State prosecution” means prosecution initiated or maintained by the State of Nevada or an agency or political subdivision of the State of Nevada.

      (Added to NRS by 2001, 3055 )

      NRS 453A.160   “Usable marijuana” defined.

      1.  “Usable marijuana” means:

      (a) The dried leaves and flowers of a plant of the genus Cannabis , and any mixture or preparation thereof, that are appropriate for the medical use of marijuana; and

      (b) The seeds of a plant of the genus Cannabis .

      2.  The term does not include the stalks and roots of the plant.

      (Added to NRS by 2001, 3055 ; A 2003, 1430 )

      NRS 453A.170   “Written documentation” defined.   “Written documentation” means:

      1.  A statement signed by the attending physician of a person diagnosed with a chronic or debilitating medical condition; or

      2.  Copies of the relevant medical records of a person diagnosed with a chronic or debilitating medical condition.

      (Added to NRS by 2001, 3055 )

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION CARDS

      NRS 453A.200   Holder of valid registry identification card exempt from state prosecution for certain acts involving marijuana and drug paraphernalia; mere presence of person in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense.

      1.  Except as otherwise provided in this section and NRS 453A.300 , a person who holds a valid registry identification card issued to him pursuant to NRS 453A.220 or 453A.250 is exempt from state prosecution for:

      (a) Possession, delivery or production of marijuana;

      (b) Possession or delivery of drug paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of marijuana;

      (d) Aiding and abetting another in the possession or delivery of drug paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia is an element.

      2.  In addition to the provisions of subsection 1, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of marijuana in accordance with the provisions of this chapter.

      3.  The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to him pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and the designated primary caregiver, if any, of such a person:

      (a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; and

      (b) Do not, at any one time, collectively possess, deliver or produce more than:

             (1) One ounce of usable marijuana;

             (2) Three mature marijuana plants; and

             (3) Four immature marijuana plants.

      4.  If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:

      (a) Are not exempt from state prosecution for possession, delivery or production of marijuana.

      (b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in NRS 453A.310 .

      (Added to NRS by 2001, 3055 )

      NRS 453A.210   Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application.

      1.  The Department shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.

      2.  Except as otherwise provided in subsections 3 and 5 and NRS 453A.225 , the Department or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Department accompanied by the following:

      (a) Valid, written documentation from the person’s attending physician stating that:

             (1) The person has been diagnosed with a chronic or debilitating medical condition;

             (2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

             (3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;

      (b) The name, address, telephone number, social security number and date of birth of the person;

      (c) Proof satisfactory to the Department that the person is a resident of this State;

      (d) The name, address and telephone number of the person’s attending physician; and

      (e) If the person elects to designate a primary caregiver at the time of application:

             (1) The name, address, telephone number and social security number of the designated primary caregiver; and

             (2) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.

      3.  The Department or its designee shall issue a registry identification card to a person who is under 18 years of age if:

      (a) The person submits the materials required pursuant to subsection 2; and

      (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:

             (1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

             (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

             (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

             (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.

      4.  The form prescribed by the Department to be used by a person applying for a registry identification card pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the Department shall:

      (a) Record on the application the date on which it was received;

      (b) Retain one copy of the application for the records of the Department; and

      (c) Distribute the other four copies of the application in the following manner:

             (1) One copy to the person who submitted the application;

             (2) One copy to the applicant’s designated primary caregiver, if any;

             (3) One copy to the Central Repository for Nevada Records of Criminal History; and

             (4) One copy to:

                   (I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners; or

                   (II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.

Ê The Central Repository for Nevada Records of Criminal History shall report to the Department its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall report to the Department its findings as to the licensure and standing of the applicant’s attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).

      5.  The Department shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The Department may contact an applicant, his attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Department may deny an application only on the following grounds:

      (a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:

             (1) Establish his chronic or debilitating medical condition; or

             (2) Document his consultation with an attending physician regarding the medical use of marijuana in connection with that condition;

      (b) The applicant failed to comply with regulations adopted by the Department, including, without limitation, the regulations adopted by the Director pursuant to NRS 453A.740 ;

      (c) The Department determines that the information provided by the applicant was falsified;

      (d) The Department determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this State or is not in good standing, as reported by the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable;

      (e) The Department determines that the applicant, or his designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;

      (f) The Department has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of NRS 453A.300 ;

      (g) The Department determines that the applicant, or his designated primary caregiver, if applicable, has had a registry identification card revoked pursuant to NRS 453A.225 ; or

      (h) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

      6.  The decision of the Department to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Department. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

      7.  A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Department or a court of competent jurisdiction authorizes reapplication in a shorter time.

      8.  Except as otherwise provided in this subsection, if a person has applied for a registry identification card pursuant to this section and the Department has not yet approved or denied the application, the person, and his designated primary caregiver, if any, shall be deemed to hold a registry identification card upon the presentation to a law enforcement officer of the copy of the application provided to him pursuant to subsection 4. A person may not be deemed to hold a registry identification card for a period of more than 30 days after the date on which the Department received the application.

      9.  As used in this section, “resident” has the meaning ascribed to it in NRS 483.141 .

      (Added to NRS by 2001, 3056 ; A 2003, 1431 ; 2005, 686 )

      NRS 453A.220   Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal.

      1.  If the Department approves an application pursuant to subsection 5 of NRS 453A.210 , the Department or its designee shall, as soon as practicable after the Department approves the application:

      (a) Issue a serially numbered registry identification card to the applicant; and

      (b) If the applicant has designated a primary caregiver, issue a serially numbered registry identification card to the designated primary caregiver.

      2.  A registry identification card issued pursuant to paragraph (a) of subsection 1 must set forth:

      (a) The name, address, photograph and date of birth of the applicant;

      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant’s designated primary caregiver, if any; and

      (d) Any other information prescribed by regulation of the Department.

      3.  A registry identification card issued pursuant to paragraph (b) of subsection 1 must set forth:

      (a) The name, address and photograph of the designated primary caregiver;

      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant for whom the person is the designated primary caregiver; and

      (d) Any other information prescribed by regulation of the Department.

      4.  Except as otherwise provided in NRS 453A.225 , subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300 , a registry identification card issued pursuant to this section is valid for a period of 1 year and may be renewed in accordance with regulations adopted by the Department.

      (Added to NRS by 2001, 3058 ; A 2005, 688 )

      NRS 453A.225   Registry identification cards: Revocation; duties; judicial review; reapplication prohibited for 12 months.

      1.  If, at any time after the Department or its designee has issued a registry identification card to a person pursuant to paragraph (a) of subsection 1 of NRS 453A.220 , the Department determines, on the basis of official documents or records or other credible evidence, that the person:

      (a) Provided falsified information on his application to the Department or its designee, as described in paragraph (c) of subsection 5 of NRS 453A.210 ; or

      (b) Has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210 ,

Ê the Department shall immediately revoke the registry identification card issued to that person and shall immediately revoke the registry identification card issued to that person’s designated primary caregiver, if any.

      2.  If, at any time after the Department or its designee has issued a registry identification card to a person pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250 , the Department determines, on the basis of official documents or records or other credible evidence, that the person has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210 , the Department shall immediately revoke the registry identification card issued to that person.

      3.  Upon the revocation of a registry identification card pursuant to this section:

      (a) The Department shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been revoked, advising the person of the requirements of paragraph (b); and

      (b) The person shall return his registry identification card to the Department within 7 days after receiving the notice sent pursuant to paragraph (a).

      4.  The decision of the Department to revoke a registry identification card pursuant to this section is a final decision for the purposes of judicial review.

      5.  A person whose registry identification card has been revoked pursuant to this section may not reapply for a registry identification card pursuant to NRS 453A.210 for 12 months after the date of the revocation, unless the Department or a court of competent jurisdiction authorizes reapplication in a shorter time.

      (Added to NRS by 2005, 685 )

      NRS 453A.230   Registry identification cards: Holder to notify Department of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card.

      1.  A person to whom the Department or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 shall, in accordance with regulations adopted by the Department:

      (a) Notify the Department of any change in his name, address, telephone number, attending physician or designated primary caregiver, if any; and

      (b) Submit annually to the Department:

             (1) Updated written documentation from his attending physician in which the attending physician sets forth that:

                   (I) The person continues to suffer from a chronic or debilitating medical condition;

                   (II) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

                   (III) He has explained to the person the possible risks and benefits of the medical use of marijuana; and

             (2) If he elects to designate a primary caregiver for the subsequent year and the primary caregiver so designated was not the person’s designated primary caregiver during the previous year:

                   (I) The name, address, telephone number and social security number of the designated primary caregiver; and

                   (II) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.

      2.  A person to whom the Department or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250 shall, in accordance with regulations adopted by the Department, notify the Department of any change in his name, address, telephone number or the identity of the person for whom he acts as designated primary caregiver.

      3.  If a person fails to comply with the provisions of subsection 1 or 2, the registry identification card issued to him shall be deemed expired. If the registry identification card of a person to whom the Department or its designee issued the card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is deemed expired pursuant to this subsection, a registry identification card issued to the person’s designated primary caregiver, if any, shall also be deemed expired. Upon the deemed expiration of a registry identification card pursuant to this subsection:

      (a) The Department shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been deemed expired, advising the person of the requirements of paragraph (b); and

      (b) The person shall return his registry identification card to the Department within 7 days after receiving the notice sent pursuant to paragraph (a).

      (Added to NRS by 2001, 3059 )

      NRS 453A.240   Registry identification cards: Card to be returned to Department following diagnosis of absence of chronic or debilitating medical condition.   If a person to whom the Department or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is diagnosed by his attending physician as no longer having a chronic or debilitating medical condition, the person and his designated primary caregiver, if any, shall return their registry identification cards to the Department within 7 days after notification of the diagnosis.

      (Added to NRS by 2001, 3060 )

      NRS 453A.250   Registry identification cards: General requirements concerning designation of primary caregiver; user of medical marijuana not to have more than one designated primary caregiver; timing of issuance of card to caregiver if caregiver designated after initial issuance of card to patient.

      1.  If a person who applies to the Department for a registry identification card or to whom the Department or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires to designate a primary caregiver, the person must:

      (a) To designate a primary caregiver at the time of application, submit to the Department the information required pursuant to paragraph (e) of subsection 2 of NRS 453A.210 ; or

      (b) To designate a primary caregiver after the Department or its designee has issued a registry identification card to him, submit to the Department the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230 .

      2.  A person may have only one designated primary caregiver at any one time.

      3.  If a person designates a primary caregiver after the time that he initially applies for a registry identification card, the Department or its designee shall, except as otherwise provided in subsection 5 of NRS 453A.210 , issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.

      (Added to NRS by 2001, 3060 ; A 2003, 1433 )

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

      NRS 453A.300   Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty.

      1.  A person who holds a registry identification card issued to him pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may he establish an affirmative defense to charges arising from, any of the following acts:

      (a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.

      (b) Engaging in any other conduct prohibited by NRS 484.379 , 484.3795 , 484.37955 , subsection 2 of NRS 488.400 , NRS 488.410 , 488.420 , 488.425 or 493.130 .

      (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257 .

      (d) Possessing marijuana in violation of NRS 453.336 or possessing drug paraphernalia in violation of NRS 453.560 or 453.566 , if the possession of the marijuana or drug paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:

             (1) Any public place or in any place open to the public or exposed to public view; or

             (2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders.

      (e) Delivering marijuana to another person who he knows does not lawfully hold a registry identification card issued by the Department or its designee pursuant to NRS 453A.220 or 453A.250 .

      (f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Department or its designee pursuant to NRS 453A.220 or 453A.250 .

      2.  Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Department determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Department or Division to carry out the provisions of this chapter, the Department may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.

      (Added to NRS by 2001, 3060 ; A 2005, 169 , 689 )

      NRS 453A.310   Affirmative defenses.

      1.  Except as otherwise provided in this section and NRS 453A.300 , it is an affirmative defense to a criminal charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that the person charged with the offense:

      (a) Is a person who:

             (1) Has been diagnosed with a chronic or debilitating medical condition within the 12-month period preceding his arrest and has been advised by his attending physician that the medical use of marijuana may mitigate the symptoms or effects of that chronic or debilitating medical condition;

             (2) Is engaged in the medical use of marijuana; and

             (3) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person’s attending physician to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; or

      (b) Is a person who:

             (1) Is assisting a person described in paragraph (a) in the medical use of marijuana; and

             (2) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person’s attending physician to mitigate the symptoms or effects of the assisted person’s chronic or debilitating medical condition.

      2.  A person need not hold a registry identification card issued to him by the Department or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defense described in this section.

      3.  Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use of marijuana is not precluded from:

      (a) Asserting a defense of medical necessity; or

      (b) Presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition,

Ê if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply substantially with the provisions of this chapter.

      4.  A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of his intent to claim the affirmative defense. The written notice must:

      (a) State specifically why the defendant believes he is entitled to assert the affirmative defense; and

      (b) Set forth the factual basis for the affirmative defense.

Ê A defendant who fails to provide notice of his intent to claim an affirmative defense as required pursuant to this subsection may not assert the affirmative defense at trial unless the court, for good cause shown, orders otherwise.

      (Added to NRS by 2001, 3061 )

SEARCH AND SEIZURE

      NRS 453A.400   Possession of registry identification card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged or assisting in medical use of marijuana in accordance with provisions of chapter.

      1.  The fact that a person possesses a registry identification card issued to him by the Department or its designee pursuant to NRS 453A.220 or 453A.250 does not, alone:

      (a) Constitute probable cause to search the person or his property; or

      (b) Subject the person or his property to inspection by any governmental agency.

      2.  Except as otherwise provided in this subsection, if officers of a state or local law enforcement agency seize marijuana, drug paraphernalia or other related property from a person engaged or assisting in the medical use of marijuana:

      (a) The law enforcement agency shall ensure that the marijuana, drug paraphernalia or other related property is not destroyed while in the possession of the law enforcement agency.

      (b) Any property interest of the person from whom the marijuana, drug paraphernalia or other related property was seized must not be forfeited pursuant to any provision of law providing for the forfeiture of property, except as part of a sentence imposed after conviction of a criminal offense.

      (c) Upon a determination by the district attorney of the county in which the marijuana, drug paraphernalia or other related property was seized, or his designee, that the person from whom the marijuana, drug paraphernalia or other related property was seized is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter, the law enforcement agency shall immediately return to that person any usable marijuana, marijuana plants, drug paraphernalia or other related property that was seized.

Ê The provisions of this subsection do not require a law enforcement agency to care for live marijuana plants.

      3.  For the purposes of paragraph (c) of subsection 2, the determination of a district attorney or his designee that a person is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter shall be deemed to be evidenced by:

      (a) A decision not to prosecute;

      (b) The dismissal of charges; or

      (c) Acquittal.

      (Added to NRS by 2001, 3062 )

ACTIONS OF PROFESSIONAL LICENSING BOARDS

      NRS 453A.500   Board of Medical Examiners and State Board of Osteopathic Medicine prohibited from taking disciplinary action against attending physician on basis of physician’s participation in certain activities in accordance with chapter.   The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall not take any disciplinary action against an attending physician on the basis that the attending physician:

      1.  Advised a person whom the attending physician has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending physician knows has been so diagnosed by another physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS or licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS:

      (a) About the possible risks and benefits of the medical use of marijuana; or

      (b) That the medical use of marijuana may mitigate the symptoms or effects of the person’s chronic or debilitating medical condition,

Ê if the advice is based on the attending physician’s personal assessment of the person’s medical history and current medical condition.

      2.  Provided the written documentation required pursuant to paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a registry identification card or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 453A.230 for the renewal of a registry identification card, if:

      (a) Such documentation is based on the attending physician’s personal assessment of the person’s medical history and current medical condition; and

      (b) The physician has advised the person about the possible risks and benefits of the medical use of marijuana.

      (Added to NRS by 2001, 3063 ; A 2003, 1180 , 1434 )

      NRS 453A.510   Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with chapter.   A professional licensing board shall not take any disciplinary action against a person licensed by the board on the basis that:

      1.  The person engages in or has engaged in the medical use of marijuana in accordance with the provisions of this chapter; or

      2.  The person acts as or has acted as the designated primary caregiver of a person who holds a registry identification card issued to him pursuant to paragraph (a) of subsection 1 of NRS 453A.220 .

      (Added to NRS by 2001, 3063 )

RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

      NRS 453A.600   Program for evaluation and research of medical use of marijuana: Establishment by University of Nevada School of Medicine; federal approval; participants and subjects; quarterly report to Interim Finance Committee.

      1.  The University of Nevada School of Medicine shall establish a program for the evaluation and research of the medical use of marijuana in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition.

      2.  Before the School of Medicine establishes a program pursuant to subsection 1, the School of Medicine shall aggressively seek and must receive approval of the program by the Federal Government pursuant to 21 U.S.C. § 823 or other applicable provisions of federal law, to allow the creation of a federally approved research program for the use and distribution of marijuana for medical purposes.

      3.  A research program established pursuant to this section must include residents of this state who volunteer to act as participants and subjects, as determined by the School of Medicine.

      4.  A resident of this state who wishes to serve as a participant and subject in a research program established pursuant to this section may notify the School of Medicine and may apply to participate by submitting an application on a form prescribed by the Department of Administration of the School of Medicine.

      5.  The School of Medicine shall, on a quarterly basis, report to the Interim Finance Committee with respect to:

      (a) The progress made by the School of Medicine in obtaining federal approval for the research program; and

      (b) If the research program receives federal approval, the status of, activities of and information received from the research program.

      (Added to NRS by 2001, 3064 )

      NRS 453A.610   Program for evaluation and research of medical use of marijuana: Duties of University of Nevada School of Medicine concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

      1.  Except as otherwise provided in this section, the University of Nevada School of Medicine shall maintain the confidentiality of and shall not disclose:

      (a) The contents of any applications, records or other written materials that the School of Medicine creates or receives pursuant to the research program described in NRS 453A.600 ; or

      (b) The name or any other identifying information of a person who has applied to or who participates in the research program described in NRS 453A.600 .

Ê The items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      2.  Notwithstanding the provisions of subsection 1, the School of Medicine may release the name and other identifying information of a person who has applied to or who participates in the research program described in NRS 453A.600 to:

      (a) Authorized employees of the State of Nevada as necessary to perform official duties related to the research program; and

      (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is a lawful participant in the research program.

      (Added to NRS by 2001, 3064 )

      NRS 453A.620   Program for evaluation and research of medical use of marijuana: Authority of Department of Administration of University of Nevada School of Medicine concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

      1.  The Department of Administration of the University of Nevada School of Medicine may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 453A.600 .

      2.  Any money the Department of Administration receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 453A.630 .

      (Added to NRS by 2001, 3065 )

      NRS 453A.630   Program for evaluation and research of medical use of marijuana: Deposit, use and disposition of money; Department of Administration of University of Nevada School of Medicine to administer account.

      1.  Any money the Department of Administration of the University of Nevada School of Medicine receives pursuant to NRS 453A.620 or that is appropriated to carry out the provisions of NRS 453A.600 :

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;

      (b) May only be used to carry out the provisions of NRS 453A.600 , including the dissemination of information concerning the provisions of that section and such other information as is determined appropriate by the Department of Administration; and

      (c) Does not revert to the State General Fund at the end of any fiscal year.

      2.  The Department of Administration of the School of Medicine shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      (Added to NRS by 2001, 3065 )

      NRS 453A.640   Department to pursue approval of Federal Government for establishment of seed bank and for establishment of program to produce and deliver marijuana for medical use.   The Department shall vigorously pursue the approval of the Federal Government to establish:

      1.  A bank or repository of seeds that may be used to grow marijuana by persons who use marijuana in accordance with the provisions of this chapter.

      2.  A program pursuant to which the Department may produce and deliver marijuana to persons who use marijuana in accordance with the provisions of this chapter.

      (Added to NRS by 2001, 3065 )

MISCELLANEOUS PROVISIONS

      NRS 453A.700   Duties of Department concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

      1.  Except as otherwise provided in this section and subsection 4 of NRS 453A.210 , the Department and any designee of the Department shall maintain the confidentiality of and shall not disclose:

      (a) The contents of any applications, records or other written documentation that the Department or its designee creates or receives pursuant to the provisions of this chapter; or

      (b) The name or any other identifying information of:

             (1) An attending physician; or

             (2) A person who has applied for or to whom the Department or its designee has issued a registry identification card.

Ê The items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      2.  Notwithstanding the provisions of subsection 1, the Department or its designee may release the name and other identifying information of a person to whom the Department or its designee has issued a registry identification card to:

      (a) Authorized employees of the Department or its designee as necessary to perform official duties of the Department; and

      (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card issued to him pursuant to NRS 453A.220 or 453A.250 .

      (Added to NRS by 2001, 3063 )

      NRS 453A.710   Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations.

      1.  A person may submit to the Division a petition requesting that a particular disease or condition be included among the diseases and conditions that qualify as chronic or debilitating medical conditions pursuant to NRS 453A.050 .

      2.  The Division shall adopt regulations setting forth the manner in which the Division will accept and evaluate petitions submitted pursuant to this section. The regulations must provide, without limitation, that:

      (a) The Division will approve or deny a petition within 180 days after the Division receives the petition;

      (b) If the Division approves a petition, the Division will, as soon as practicable thereafter, transmit to the Department information concerning the disease or condition that the Division has approved; and

      (c) The decision of the Division to deny a petition is a final decision for the purposes of judicial review.

      (Added to NRS by 2001, 3064 )

      NRS 453A.720   Authority of Director of Department concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

      1.  The Director of the Department may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of this chapter.

      2.  Any money the Director receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 453A.730 .

      (Added to NRS by 2001, 3065 )

      NRS 453A.730   Deposit, use and disposition of money; Director of Department to administer account.

      1.  Any money the Director of the Department receives pursuant to NRS 453A.720 or that is appropriated to carry out the provisions of this chapter:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;

      (b) May only be used to carry out the provisions of this chapter, including the dissemination of information concerning the provisions of this chapter and such other information as determined appropriate by the Director; and

      (c) Does not revert to the State General Fund at the end of any fiscal year.

      2.  The Director of the Department shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      (Added to NRS by 2001, 3066 )

      NRS 453A.740   Regulations; fees.   The Director of the Department shall adopt such regulations as the Director determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:

      1.  Procedures pursuant to which the State Department of Agriculture will, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890 , inclusive. The procedures described in this subsection must provide that the State Department of Agriculture will:

      (a) Issue a registry identification card to a qualified person after the card has been prepared by the Department of Motor Vehicles; or

      (b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if:

             (1) The person presents to the Department of Motor Vehicles valid documentation issued by the State Department of Agriculture indicating that the State Department of Agriculture has approved the issuance of a registry identification card to the person; and

             (2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the State Department of Agriculture has approved the issuance of a registry identification card to the person.

      2.  Criteria for determining whether a marijuana plant is a mature marijuana plant or an immature marijuana plant.

      3.  Fees for:

      (a) Providing to an applicant an application for a registry identification card, which fee must not exceed $50; and

      (b) Processing and issuing a registry identification card, which fee must not exceed $150.

      (Added to NRS by 2001, 3066 ; A 2003, 1434 )

      NRS 453A.800   Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be accommodated in workplace.   The provisions of this chapter do not:

      1.  Require an insurer, organization for managed care or any person or entity who provides coverage for a medical or health care service to pay for or reimburse a person for costs associated with the medical use of marijuana.

      2.  Require any employer to accommodate the medical use of marijuana in the workplace.

      (Added to NRS by 2001, 3065 )

      NRS 453A.810   State not responsible for deleterious outcomes.   The State must not be held responsible for any deleterious outcomes from the medical use of marijuana by any person.