Pubdate: Mon, 03 Nov 2014
Source: Las Vegas Review-Journal (NV)
Copyright: 2014 Las Vegas Review-Journal
Contact: http://www.reviewjournal.com/about/print/press/letterstoeditor.html
Website: http://www.lvrj.com/
Details: http://www.mapinc.org/media/233
Author: Sean Whaley

LEGISLATORS TO FACE POT CHALLENGES

Lawmakers Face Variety of Upcoming Issues About Medicinal Use

CARSON CITY - Medical marijuana dispensaries are on the verge of 
becoming a reality in Nevada but that doesn't mean the smoke has 
cleared on a number of pressing issues related to the medicinal use 
of the drug.

 From concerns about what some argue is Nevada's indefensible 
standard for driving under the influence of marijuana to whether 
college students should be able to use medicinal marijuana on campus, 
a whole array of issues will likely come forward for debate in the 
2015 session of the Nevada Legislature.

The Advisory Commission on the Administration of Justice chaired by 
Sen. Tick Segerblom, D-Las Vegas, recently opted not to take a 
position on these and several other proposals presented by a 
subcommittee. The commission, comprised of medical marijuana 
advocates and law enforcement officials, among others, did not find 
any common ground on the recommendations.

But Segerblom, who currently serves as the chairman of the Senate 
Judiciary Committee, said he will bring forward all of the 
recommendations for hearings in the 2015 session. No action is likely 
on any of the proposals before the dispensaries begin operating early 
next year.

The state received a total of 519 applications statewide for medical 
marijuana businesses, including cultivation facilities and labs, by 
an October deadline. Of that total, 135 were for dispensaries to be 
operated in Clark County and the incorporated cities, where 40 
dispensaries will be allowed to operate.

The state is expected to announce the provisionally licensed 
marijuana businesses this month, allowing the state-approved 
applicants to move forward with local approvals in the various 
jurisdictions, which are expected to take three to four months.

At least some of the recommendations of the subcommittee are 
controversial, and chances for success on the proposals could hinge 
on whether Republicans or Democrats control the Legislature next 
session, although there was bipartisan support for Segerblom's 
dispensary bill in the 2013 session.

Party control of the Senate and Assembly will be decided in the 
general election. Democrats hold majorities in both houses now, but 
low voter turnout could change that Tuesday.

Resistance from the law enforcement community, which was seen at the 
recent commission meeting when the proposals were discussed, could 
also doom their chances with lawmakers.

Douglas County District Attorney Mark Jackson, who serves on the 
commission, said at the meeting that the recommendations were not 
vetted by the panel and that they are controversial for 
representatives of law enforcement, prosecutors and victims of crime. 
He suggested that the issues be deferred to lawmakers.

The subcommittee also proposed:

Authorizing the sale and transportation of medical marijuana across 
county lines.

Extending the time frame by which medical marijuana patients can grow 
their own supply from March 2016 to March 2018.

Establishing exceptions for medical marijuana cardholders for 
consideration in various proceedings, including drug court, child 
custody, child abuse and neglect, foster care and offender program eligibility.

Removing any prohibitions in employment contexts for employees who 
lawfully use medical marijuana.

Establishing a regulatory structure, similar to that used by the 
state Gaming Control Board, to oversee and regulate the medical 
marijuana program.

Segerblom said all the recommendations are worth review by lawmakers next year.

"How can you have legal medical marijuana on the one hand, and they 
say you can't use it on campus?" he said. "It makes no sense to me. 
We're not going to force our citizens to be second class for working 
in gaming or going to college."

But allowing medical marijuana on the campuses of the Nevada System 
of Higher Education would be a concern for the institutions. The use, 
possession or cultivation of marijuana is prohibited by federal law 
at institutions which receive federal funding for student financial aid.

The Board of Regents recently adopted a policy that expressly 
prohibits the use, possession or cultivation of medical marijuana at 
state higher education facilities or at state college-sponsored activities.

Segerblom said a priority for change will be the state's "per se" 
law, which automatically assumes a driver is under the influence of 
marijuana if a blood test shows the presence of what critics say are 
minimal levels of the drug in a driver's system.

Segerblom said Nevada should follow California's lead and adopt 
legislation that says that police must first determine that a driver 
is impaired in the field before seeking a blood test to determine if 
marijuana is present.

The commission's subcommittee on medical marijuana voted 9-to-3 in 
August to seek such a change in the 2015 session.

All the issues raised by the subcommittee need a hearing, he said. 
"These issues aren't going to go away," Segerblom said. "They are 
going to get bigger and bigger."
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MAP posted-by: Jay Bergstrom