cannabisnews.com: Federal Action On Program Not Expected Federal Action On Program Not Expected Posted by FoM on November 01, 2001 at 07:45:56 PT By Sean Whaley, Donrey Capital Bureau Source: Las Vegas Review-Journal State officials said Wednesday they are unaware of any impending enforcement action by the Justice Department against the state's medical marijuana program that began Oct. 1. While the Justice Department has initiated actions in California aimed primarily at the growing and distribution of marijuana for medical purposes, state officials said Nevada's law is different and less likely to provoke interest by federal law enforcement agencies. Paul Iverson, director of the Department of Agriculture, which administers the new state program, said distribution of marijuana is not an issue in Nevada. The law passed by the 2001 Legislature authorizes people with terminal illnesses or nausea associated with those illnesses to grow a modest amount of marijuana for their own use. Nevada is one of nine states with a law regarding the use of medical marijuana. Unlike California, where clubs for growing and distributing marijuana exist, Nevada's program involves only the patient or the patient's caregiver, Iverson said. Gina Session, the deputy attorney general advising the Board of Agriculture, which adopted the final marijuana regulations in August, said the limitation of 1 ounce of usable marijuana, a maximum of seven plants and other restrictions make Nevada's law much lower profile than California's program. "There's no indication of any enforcement action that I'm aware of," she said. A call to the Las Vegas office of the U.S. Drug Enforcement Administration was referred to Los Angeles, where a spokesman could not be reached Wednesday for comment on whether there is any investigation into Nevada's program. Nevada's program, which has 12 participants so far with another 600 requests for applications, does not exempt patients from federal prosecution. It only prohibits enforcement by law enforcement of state drug laws. The Agriculture Department does not provide seeds or marijuana or advice on where to obtain seeds or how to grow the plant. It only processes the applications. Dan Geary, the co-campaign director for Question 7 on the 2000 ballot authorizing a medical marijuana program, said enforcement in Nevada is unlikely. "We have a grow-your-own type of statute," he said. "Cultivation is put in the hands of the patients. A crackdown on cultivation and distribution in Nevada is a moot point." The favorable ruling for the Justice Department in the U.S. Supreme Court decision involving the Oakland, Calif., Cannabis Buyers' Club earlier this year did not challenge a state's right to determine its own possession laws, but focused on the medical necessity exception to federal prosecution, Geary said. Since possession remains a federal crime in Nevada, the issue in the Oakland case does not apply here, he said. Geary said physicians who sign a form required for the state to process a medical marijuana application should not be concerned either. Nevada's law makes it clear that the physician assessment is to determine if the patient qualifies under the provisions of the law related to medical condition such as a terminal illness. The physician's signature is in no way a "prescription" for marijuana, he said. Note: Growing, distribution in California targeted.Complete Title: Medical Marijuana: Federal Action On Program Not ExpectedSource: Las Vegas Review-Journal (NV)Author: Sean Whaley, Donrey Capital BureauPublished: Thursday, November 01, 2001 Copyright: 2001 Las Vegas Review-JournalContact: letters lvrj.comWebsite: http://www.lvrj.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmFirst Week of Marijuana Law Bring Applicationshttp://cannabisnews.com/news/thread11049.shtmlNew State Law Eases Penalties on Marijuana http://cannabisnews.com/news/thread11008.shtml Home Comment Email Register Recent Comments Help Post Comment