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.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)

NAC 453A.100  Application: Required accompanying information. (NRS 453A.210, 453A.740)

     1.  In addition to the materials required by NRS 453A.210, an application for a registry identification card must include:

     (a) A written statement signed by the applicant’s attending physician verifying that he was presented with a photographic identification of the applicant and the designated primary caregiver, if any, and that the applicant and the designated primary caregiver, if any, are the persons named in the application; (The form the doctor must fill out for the patient is included in the package the patient receives from the Dept of Agriculture.)

     (b) On forms prescribed by the Department, any information required by the Central Repository for Nevada Records of Criminal History;

     (c) On forms prescribed by the Department, any information required by the Department of Motor Vehicles;

     (d) A complete set of the fingerprints of the applicant and the designated primary caregiver, if any, taken by a state or local law enforcement agency;

     (e) A notarized medical marijuana program waiver and liability release form that is prescribed by the Department and signed by the applicant and designated primary caregiver, if any;

     (f) A notarized acknowledgment form that is prescribed by the Department and signed by the applicant and designated primary caregiver, if any;

     (g) If the applicant is under 18 years of age, a minor release form signed by the designated primary caregiver of the minor; and

     (h) Proof that the applicant is a resident, including, without limitation, a photocopy of a driver’s license issued by the Department of Motor Vehicles or a photocopy of an identification card issued by the Department of Motor Vehicles.

     2.  As used in this section, “resident” has the meaning ascribed to it in NRS 453A.210.

     (Added to NAC by Dep’t of Agriculture by R095‑01, eff. 10‑1‑2001; A by R189‑03, 1‑3‑2005)

 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, 484.379778, 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)

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, NRS 239.0115 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 Except as otherwise provided in NRS 239.0115, 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; A 2007, 2112)

 

http://www.leg.state.nv.us/NRS/NRS-453A.html#NRS453ASec700