Becoming a Patient in Nevada
Nevada's medical marijuana laws allow patients with certain chronic or debilitating diseases to obtain an ID card making the patient immune from prosecution for limited medical use. Patients who do not have a card or who possess more than the laws allow can still be prosecuted, but are allowed to raise a medical necessity defense. Given that these protections are very limited and do not apply to federal law, Nevada patients should be cautious when using medical marijuana.
If you are a patient with a Nevada patient ID card, you may possess one ounce of medicine, three mature plants, and four immature plants. A designated primary caregiver can help you use and produce your medicine. As a patient you may have items that assist you in taking your medicine, such as vaporizers and pipes.
- Cachexia (severe weightloss from disease or medical treatment)
- Persistent muscle spasms, including spasms caused by multiple sclerosis
- Seizures, including seizures caused by epilepsy
- Severe nausea
- Severe pain
- 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
In order to become a registered medical marijuana patient in the state of Nevada, you must pay a $25 application fee and a $75 registration fee. To obtain the application follow the instructions at http://health.nv.gov/MedicalMarijuana.htm. To complete the application itself, you will be required to have a doctor's recommendation to treat one of the above-mentioned chronic or debilitating conditions with marijuana. Once you submit the application, the Division of Health will check the status of the doctor who wrote your recommendation and see whether you have ever been convicted of selling a controlled substance. If your application is approved, your registry ID card will be issued at a DMV office in Las Vegas, Henderson, Reno, Elko, or Carson City.
Any Doctor of Medicine (MD) or Doctor of Osteopathy (DO) licensed in Nevada can recommend a patient for Nevada's medical marijuana program.
As a patient, you and your designated primary caregiver are allowed to produce marijuana. You are only allowed one primary caregiver at a time. Your caregiver must be at least 18 years old, have significant responsibility for managing your well-being, and be officially designated as your primary caregiver. If you want a designated caregiver, make sure to request a caregiver packet when you request an application from the Division of Health.
The medical marijuana law does not protect a patient who uses their medicine while driving or operating a boat. Nor does the law allow you to medicate in any place exposed to public view. Be safe, and if possible, use your medicine in the safety of your own home.
If you or a patient you are inquiring about is a minor, then you should include a request for a minor release in your request for an application from the Division of Health. A patient under the age of 18 must have a signed statement from his or her parent or legal guardian saying that the parent will be the patient's designated primary caregiver and agrees to control the acquisition of medicine, the dosage, and frequency of use.
The list of patients with IDs is confidential and not subject to subpoena, discovery, or inspection by the general public.
The Nevada medical marijuana law does not specifically address whether or not you can be evicted because you are a patient with an ID. Nothing in the Nevada law specifically addresses whether or not a person can be a patient and live in subsidized housing. If you live in housing funded by the Federal Department of Housing and Urban Development (HUD), Nevada law will not protect you and you may be subject to eviction because medical marijuana is not protected under federal law.
Nevada's medical marijuana law states that no correctional facility, including a county jail, state prison, or juvenile detention center, is required to accommodate a medical marijuana patient.
Nevada does not require employers to accommodate medical marijuana use in the workplace.
Nevada does not require an insurance carrier to reimburse you for the cost of your medicine.
Nevada does not have a reciprocity program with other states which allow people to become medical marijuana patients. If you do not have a Nevada patient ID you will not be protected from prosecution under Nevada law.
The Nevada medical necessity defense should still apply to an out of state patient, but be careful. Avoid traveling in Nevada with your medicine if you are an out of state patient. The risk of having your medicine taken and facing possession charges in Nevada is not worth it, even if you might ultimately beat the rap with a medical necessity defense.
For more information
http://health.nv.gov/MedicalMarijuana.htm Nevada State Health Division's medical marijuana website
http://www.leg.state.nv.us/NRS/NRS-453A.html#NRS453ASec210 Text of Statute
http://www.leg.state.nv.us/NAC/NAC-453A.html Administrative Regulations
Nevada State Health Division
1000 E William Street
Carson City, Nevada 89701