cannabisnews.com: Backer of Nevada Program To Keep Working





Backer of Nevada Program To Keep Working
Posted by FoM on May 15, 2001 at 20:07:14 PT
By Ed Vogel, Donrey Capital Bureau 
Source: Las Vegas Review-Journal 
Assemblywoman Chris Giunchigliani said Monday that she will continue with legislation to set up a medical marijuana program in Nevada, despite an 8-0 U.S. Supreme Court decision that outlawed a similar program in California. Giunchigliani, D-Las Vegas, maintained the Supreme Court decision only outlawed the medical marijuana program operated by the Oakland Cannabis Buyers Cooperative and will not affect the program in Nevada. "They aren't going to send in 800 federal agents to find grandpa and grandma with medical marijuana," she said. "States still have rights to pass medical marijuana laws." 
Giunchigliani is author of Assembly Bill 453, which would implement the wishes of 65 percent of Nevada voters who approved a constitutional amendment last November to allow marijuana for people with AIDS, cancer and other illnesses. The bill proposes to allow patients -- with authorization from a doctor -- to grow up to seven marijuana plants in their homes. In Oakland, a cooperative acquired marijuana and sold it to patients in a storefront setting. Senate Judiciary Chairman Mark James, R-Las Vegas, and Assembly Ways and Means Chairman Morse Arberry, D-North Las Vegas, said they were not sure whether the Legislature can still go forward with Giunchigliani's bill. "I suspect there is nothing we can do without a change in federal law, but I will confirm that with legislative lawyers," James said. "If they give me that advice I won't do anything." "I would be crazy to pass a bill and then the Supreme Court says you can't do it," added Arberry, in whose committee the bill sits. Giunchigliani estimated it would cost the state $30,000 to start the medical marijuana program, but Arberry will not process the bill until he is sure the Legislature has the revenue. Proponents of the bill, as well as some Las Vegas physicians, say the Supreme Court ruling won't affect Nevada much because marijuana use has long been illegal at the federal level, regardless of state laws. "If people are smoking it or prescribing it now, it isn't going to change anything," said Dr. John Ellerton, a Las Vegas oncologist. "It's illegal now and they're doing it." Ellerton said he does not support Nevada legislation to legalize medical marijuana and said he does not prescribe it to his cancer patients. Dan Hart, coordinator of Nevadans for Medical Rights and a staunch supporter of medical marijuana legislation, said it's too early to tell what impact the federal ruling will have on Nevada. "We don't think it will affect Nevada," Hart said. "People could still be federally prosecuted even before the ruling." But Attorney General Frankie Sue Del Papa said it is clear from her reading of the Supreme Court decision that it prohibits medical marijuana programs like the one Giunchigliani advocates. "I am not going to stand here as attorney general and say, `Go out and violate federal law,' " she said. "What the Supreme Court said was pretty clear." Del Papa said the federal Controlled Substances Act allows the use of marijuana only in federally approved research programs. Instead of passing Giunchigliani's bill, she recommended the Legislature approve Senate Bill 545 that would allow medical marijuana for a select group of patients after the state receives federal permission for a research project. The attorney general agreed that if the Legislature passes a grow-your-own plan for distributing marijuana, then Nevada police could not arrest people who have permission to use the drug for medical reasons. But they still would be subject to federal arrest, she said. Dr. Trudy Larson, a Reno physician, said the Supreme Court ruling is a blow to many patients hoping to use the drug for medical purposes. Larson , an infectious disease physician who cares for AIDS patients, said she prescribes a legalized form of marijuana for her patients called Marinol. "The problem with Marinol, though, is there is no way to get the dose just right, which is what patients tell me they can do with marijuana," Larson said. "My patients do use marijuana and they tell me it's beneficial. I believe it because I see the benefits by their increased weight and lack of nausea." The Supreme Court ruled that Congress has not found a medical purpose for marijuana, which is listed as a dangerous drug in the Controlled Substances Act. "The statue expressly contemplates that many drugs have a useful medical purpose, but it includes no exception at all for any medical use of marijuana," wrote Justice Clarence Thomas. "This court is unwilling to view that omission as an accident and is unable, in any event, to override a legislative determination manifest in the statue." While agreeing with the majority opinion, Justice John Paul Stevens said he was concerned the opinion invaded states' rights. "The overbroad language of the court's opinion is especially unfortunate, given the importance of showing respect for sovereign states that comprise our federal union," he wrote. Leaders of Nevada for Medical Rights and its parent organization, Americans for Medical Rights, were adamant the decision only closes down the Oakland cooperative. The groups were responsible for putting the medical marijuana question before voters in Nevada and other states. "The issue is political will," said Dan Geary, a leader of Nevadans for Medical Rights. "If the DEA (Drug Enforcement Administration) wants to come in here and bust AIDS and cancer patients under federal law, I guess it can. But state law will allow medical marijuana." Dan Hart, state head of the group, added legislators should remember that nearly two-thirds of the voters wanted medical marijuana. "I don't know how you can turn your back against voters' wishes," Hart said. Review-Journal staff writer Joelle Babula contributed to this report. Source: Las Vegas Review-Journal (NV)Author: Ed Vogel, Donrey Capital Bureau Published: Tuesday, May 15, 2001Copyright: 2001 Las Vegas Review-JournalContact: letters lvrj.comWebsite: http://www.lvrj.com/Related Articles:Court Ruling Threatens Nevada Marijuana Plan http://cannabisnews.com/news/thread9712.shtmlExpect Fight, Marijuana Supporter Sayshttp://cannabisnews.com/news/thread9708.shtmlEx-Candidate Offers To Fund Medical Marijuanahttp://cannabisnews.com/news/thread9656.shtml
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