Pubdate: Wed, 09 Oct 2013
Source: Las Vegas Review-Journal (NV)
Copyright: 2013 Las Vegas Review-Journal
Website: http://www.lvrj.com/
Details: http://www.mapinc.org/media/233
Author: Ed Vogel
Page: 1B

PROPOSED RULES FOR MEDICAL POT DRAW COMPLAINTS

CARSON CITY - Proposed rules for Nevada's new medical marijuana
program would discriminate against the poor and minorities and would
make marijuana cost-prohibitive for patients who need the drug,
witnesses testified Tuesday.

"This is an absolute injustice," said David Udy of Las Vegas during a
Division of Public and Behavioral Health hearing on proposed
regulations that put a new state law into effect. "This is going to be
a disaster. This is an absolute injustice. I am skeptical about (the
state's) ability to pull this off."

Udy and other witnesses complained that only rich people will be able
to secure grow and dispensary licenses for medical marijuana because
of a rule that requires people to have access to at least $250,000
before they receive a license.

"There are a lot of people who would like to get in this game," said
Art Cardoza, who identified himself as a care-taker who provides the
drug to veterans, the disabled and others. "Millionaire people don't
care about them."

Marla McDade-Williams, deputy administrator of the division, listened
quietly to dozens of witnesses but said there is little she can do
about the financial requirements "because of limitations in the bill."

Senate Bill 374 requires people contemplating securing medical
marijuana cultivation and dispensary licenses to have at least
$250,000 at their disposal.

In part because of the costs required by his bill, state Sen. Tick
Segerblom, D-Las Vegas, put in language that allows people with
medical marijuana licenses to grow up to 12 plants. But in interviews,
he said the grow-your-own requirement might be removed.

"We kept the home grow in in case price became an issue so we can
address it at the 2015 Legislature," Segerblom said. "Cost is a
concern. We hope some dispensaries will make exceptions for poor
people, having reduced prices."

The Legislature passed the bill to set up dispensaries and grow farms
largely because many of the state's 4,000 card-holding medical
marijuana patients could not grow their own. In setting up the medical
marijuana program in 2001, the Legislature allowed patients only to
grow their own, permitting seven total plants.

During the hearing Tuesday, one of the participants in Arizona's
medical marijuana program said the typical dispensary costs $1.1
million to set up. He also noted that 397 people there applied for
licenses =AD and the typical application was 200 pages to 300 pages
long. Under the Nevada law, the state must approve or reject
applications within 90 days.

McDade-Williams has presided over three days of hearings on tentative
rules to put the Nevada medical marijuana law into effect by April 1.
She plans to take suggestions proposed by witnesses and put them into
draft regulations by the end of the month.

There will be other public hearings before the regulations receive
final approval.

Hundreds of people have attended the hearings, either by
teleconference in Carson City and Las Vegas, or through telephone
conferences. Many of the witnesses have been lawyers who tried to
engage McDade-Williams in legal debates, though she insisted she only
wanted their comments.

Besides the $250,000 requirement, there are other financial
requirements, including posting a $5,000 nonrefundable deposit for
filing an application. Growers and dispensaries also must secure
appropriate local zoning approval for their facilities.

A member of a National Association for the Advancement of Colored
People economic committee, Udy said he could bring in 100 people in
wheelchairs or 100 disabled veterans to protest the rules if
necessary. He contended the regulations could make the cost of medical
marijuana as high as $400 for a small amount.

Udy holds a doctorate in health services management. He has been a
hospital administrator in Utah and health services manager at the Las
Vegas City Jail and the Henderson Detention Center.

Debbie Gillespie of Las Vegas testified there must be a discount
program for veterans and senior citizens.

She said all the cost requirements in the rules will add to what
people pay for the medication. She also complained that Nevada
residents might be cut out of the program because applications will be
filed from experienced growers and suppliers in states such as
Arizona, Colorado and California. One witness said he had a facility
in South Lake Tahoe one mile from Nevada.

Cardoza said patients who are veterans or disabled should be allowed
in as growers and suppliers.

"Keep medical cannabis affordable," Gillespie urged McDade-Williams.
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