New Nevada medical marijuana regulations

Nevada RNformation, Feb 2003

In the 2000 general election, 65% of Nevada's voters approved a ballot initiative to amend the Nevada Constitution to "allow the possession and use of a plant of the genus Cannabis (marijuana) for the treatment or alleviation of certain illnesses upon the advice of a physician." During the 2001 Legislative session, the legislature passed AB 453, which created the infrastructure for the legalization of medical marijuana in Nevada and directed the Nevada State Health Division to adopt regulation and protocol to allow Nevadans who are suffering from debilitating disease to petition for approval and registration to possess and use marijuana for medical purposes. The Health Division met on September 10 and 12 in public workshop to hear public comment on the proposed regulations and the following regulations were filed with the Nevada Secretary of State on October 31, 2002.

Language of State Health Division Regulations (Pursuant to NRS 453A.710(2))

Section 1.

Chapter 453A of NAC is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive of this regulation.

Section 2.

"Division" means the health division of the department of human resources.

Section 3.

"State health officer" means the state health officer or in the absence of a state health officer, the designee of the administrator of the division.

Section 4.

1. A person may submit to the state health officer a petition in the form prescribed by the division requesting that a particular disease or condition qualify as chronic or debilitating medical condition.

2. The content of a petition is confidential and except as provided in section 7, the division shall not disclose the name or other identifying information of the attending physician or the person who submitted the petition.

3. The division, through the state health officer, will approve or deny a petition within 180 days after the division receives the petition.

Section 5.

1. The state health officer will review the submitted petition to determine if

a. The application is complete; and

b. The medical condition or disease described in the petition has already qualified as a chronic or debilitating medical condition pursuant to NRS 453.050.

2. Petitions submitted to the state health officer that are not on the required form, do not include the required information, or described a medical condition or disease already included under NRS 453.050 will be returned to the petitioner by mail with an explanation of the reason for return.

Section 6.

If the petition is accepted under section 5, the state health officer will determine if the division will approve the medical condition or disease described in the petition as a chronic or debilitating medical condition.

Section 7.

Within 10 working days after the state health officer has approved or denied a petition, the division will transmit a copy of the decision to:

1. The petitioner; and

2. The director of the department.

Section 8.

The decision of the division, through the state health officer, to deny a petition is a final decision for the purposes of judicial review.

Adopted as Temporary Regulations on October 30, 2002. Filed with the Nevada Secretary of State on October 31, 2002

Nevadans diagnosed with a chronic or debilitating medical condition as defined in NRS 453A.050 and seeking a registry identification card for the medical use of marijuana, should contact the Nevada State Department of Agriculture: (775) 684-5333.

Nearly 1000 Years of Nursing Experience in One Room

On October 6, 2002, Ethelda Thelen, former Executive Director of the Nevada Nurses Association hosted a party in her home that brought together nearly 1,000 years of nursing experience. Attendees shared experiences of nursing from the 1940's through today that encompassed all venues and roles of the nursing profession in Nevada.