The recent trend on the war on drugs has been slowly turning to treat drug offenses with less emphasis on punishment and lengthy sentences. Apparently not in Nevada, which seems strange given the fact that that Nevada was one of the first states to allow medical marijuana and recently passed laws to create a medical marijuana industry with the likes of cultivators and dispensaries. To be fair, Nevada is not going after medical marijuana patients; it is getting tougher with illegal trafficking and manufacturing. However, some patients might say it is punishing them because there are still no dispensaries and medicine available from legal dispensaries in our state.
So why the harsher penalties? Well for starters, Nevada employs a costly and complex licensing structure in order to open a Medical Marijuana Establishment, such as a cultivation facility or dispensary. There are valid reasons for this; such as marijuana still being a federally controlled substance and to ensure only patients purchase medical marijuana that has been tested for pesticides. Another way to look at it is that Nevada is protecting their license holders from the marijuana black market.
Senate Bill 447, which was passed and becomes effective July 1, 2015, lowers various per se trafficking amounts for marijuana and treats concentrated cannabis as a substance similar to meth or cocaine in terms of punishment. It will also treat the manufacturing of concentrated cannabis as a felony regardless of the amount or the method among other things.
So what are some of the changes? Section 7 of SB 447 amends NRS 453.339, which is Nevada’s marijuana trafficking statute. It lowers the per se amount of marijuana to trigger various felonies and added concentrated cannabis to the statute with even lower per se levels. Per Se trafficking now starts at 50 pounds of marijuana, when it use to be 100 pounds to trigger a category C felony. It further adds 1 pound of concentrated cannabis to trigger a category C felony. The statute further increases penalties as the amounts of marijuana or concentrated cannabis go up.
The act of extracting concentrated cannabis is now clearly prohibited as well. Section 8 of SB 447 amends NRS 453.3393, which prohibited producing or processing marijuana. Come July 1, 2015 it will specifically state under 453.3393(3) as: “A person shall not knowingly or intentionally extract concentrated cannabis, except as specifically authorized by the provisions of chapter 453A of NRS. Unless a greater penalty is provided in NRS 453.339, a person who violates this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.”
Clearly Nevada wants to protect licensed Medical Marijuana Establishments from anyone who may be trying to compete without a license. After all, license holders have paid licensing fees and will be paying and collecting taxes for the State.
Nevada has a very complex legal scheme with regards to marijuana. If you have questions or have been charged with a marijuana related offense, contact Connor & Connor PLLC today at 702-750-9139.
This blog is informative purposes only and does not create an attorney-client relationship.
What is important to remember is that a client should not be scared away from communicating with his or her attorney.
Make no mistake about it, what you say, even admissions of past crimes, are privileged and your attorney cannot reveal such communications.
There are only a few scenarios that permit your attorney from revealing something that was said by the client. These exceptions vary from state to state but typically permit an attorney to disclose communication to prevent a future death or substantial bodily injury. An example would be when you tell your attorney that you are going to kill your ex husband with your handgun when you go home. Then your attorney may be permitted to tell authorities to prevent a future death.
In an article published by the Albuquerque Journal, writer by Thomas J. Cole, sheds light on the sacred attorney-client privilege. The article pits a former client against his past attorney in a fee dispute and during this dispute the former attorney alleges prior attorney-client communications which is arguably a violation of the attorney-client privilege. The article can be found at http://www.abqjournal.com/571429/news/lawyer-says-former-client-is-a-child-molester.html
Legal disputes come up all the time and revolve around what was agreed to and what work was performed; privileged communication should not be an issue.
You if you have any concerns about what is privileged; you should seek clarification on the attorney-client privilege. Connor & Connor understands the importance of the attorney-client privilege and treats it with the utmost respect.
This blog is informative purposes only and does not create an attorney-client relationship.
Although it has been over fifteen years since the citizens of Nevada voted to amend the state constitution to allow for the medicinal use of marijuana, to date there are still no legal dispensaries in operation. For years medical marijuana patients have been forced to grow their own medicine, or even acquire their medicine on the black market.. However, with the passage of SB374 in 2013, Nevada has made licensed medical marijuana dispensaries legal. SB374 is arguably a step in the right direction, however many patients are left wondering whether they will still be able to grow their own medicine should they choose to do so. Unfortunately for most patients, what the legislature has given with one hand it has taken with the other.
There are various reasons some patients wish to continue growing. For some, cost is a very real concern, it is simply cheaper to grow your own medicine (after investing in the equipment to do so) than it is to purchase on the open market. For others, a home cultivation program can afford much more privacy than being forced into the open market. Some patients have been cultivating and breeding their own strains for years and simply cannot acquire medicine of the same quality on the market.
This is a perfectly legitimate concern, after all many people are on disability and cannot afford paying retail for their medicine. Distance is also another big concern for patients, having to drive miles to a dispensary can be a great burden for those who do not live close to a dispensary or have transportation. Specific strains can also be hard to come by so some patients have to grow a specific strain to meet their medical condition.
Currently NRS 453A.200 permits a patient to grow up to 12 plants, irrespective of whether the marijuana plants are mature or immature.. However, if after a medical marijuana dispensary opens in the county of residence of a person who holds a registry identification card or his or her designated caregiver, such person will not longer be authorized to cultivate, grow or produce marijuana. Due to the fact that Nevada’s counties are large and few, chances are you will no longer be able to grow your own medicine.
There are exceptions though; NRS 200A.200(6) carves out a few exceptions to this prohibition on growing your medicine. If after a dispensary opens in your county of residence and you have a valid medical marijuana card or your caregiver, you may still be permitted to grow your 12 plants if:
· You hold a registry identification card or your designated caregiver, and he or she was growing, cultivating or producing marijuana in accordance with chapter 453A on or before July 1, 2013. This means you had a valid marijuana card on or before July 1, 2013 and you were growing in accordance with the law. Growing prior to July 1, 2013 and while not having a valid card does not count. This exception will expire March 31, 2016;
· You have a valid medical marijuana card or your designated caregiver and the dispensaries in your county close or are unable to supply the quantity or strain of marijuana necessary for the medical use to treat your specific medical condition;
· Because your illness or lack of transportation and you hold a valid medical marijuana card and you and your caregiver are unable to reasonably travel to a medical marijuana dispensary; or
· No medical marijuana dispensary was operating within 25 miles of the residence of a person who holds a medical marijuana card at the time the person first applied for his or her registry identification card.
Note that SB 447 which was recently signed by the governor clarified the exceptions by including a designated caregiver. However, it did not amend or change the exceptions. SB 447 did extend the first exception until April 1, 2018 (if you had a card by July 1, 2013).
Keep in mind that some of these exceptions may have to be proven in court if you are arrested, cited or charges have been filed against you, which can be costly and risky. Furthermore, Nevada law on marijuana is constantly changing so you should always ensure you are compliant.
If you have questions about the patient’s right to grow or other medical marijuana related issues, do not hesitate to contact Connor & Connor.
This is for informative purposes only and does not create and attorney-client relationship.
If you are a licensed fighter in Nevada then you must comply with the regulations set forth in Nevada Administrative Code, NAC 467. Within NAC 467, there is a list of prohibited substances found in NAC 467.850, which is includes any drug on the most current Prohibited List published by World Anti-Doping Agency (WADA).
The Prohibited List may be found at www.wada-ama.org
On this Prohibit List is marijuana, so unless the Nevada State Athletic Commission (NSAC) has approved marijuana or grants a therapeutic use exemption (TUE), testing positive for marijuana is a violation and subjects one to disciplinary action from the NSAC.
It appears NSAC is currently following WADA’s THC limit of 150 ng/mL to trigger a violation, however one should refrain from all marijuana use to ensure no violation of NAC 467.850 because this code speaks to any administration or use, of regardless of THC levels.
One may contact the NSAC at 702-486-2577 for further clarification of THC levels.
Applying For a Therapeutic Use Exemption (TUE)
The NSAC has made statements that they are open to the therapeutic use of marijuana and would consider granting an exemption, but only after one applies for therapeutic use exemption and a case-by-case review.
A copy of the application can be found http://boxing.nv.gov/uploadedFiles/boxingnvgov/content/faq/TUE-NSAC_10-3-13.pdf
What Will the NSAC Consider?
If a fighter has a legitimate medical condition and has been prescribed medical marijuana then there may be a good chance an exemption may be granted. One will not know unless one applies for a TUE.
An issue that this firm sees with the use of medical marijuana is marijuana being seen by the NSAC as an unfair advantage much like growth hormones or steroids. Athletes use growth hormones and steroids to aid in the ability to train harder and recover fast, thus giving them an advantage over the competition. If one applies for a TUE on the grounds that medical marijuana helps them with rest and recovery, then one may run the risk of the NSAC seeing the medical marijuana as it pertains to the applicant as use similar to growth hormones and steroids. This would appear to be an unfair advantage and may not be grounds for a TUE, but this is pure speculation and unless someone applies for a TUE for medical marijuana on these grounds, we cannot be certain.
If the reason is non-fight related, such as adult attention disorder deficient, posttraumatic stress, anxiety, depression or another underlying medical condition that can be proved and were grounds for a medical marijuana patient card, then one may stand a higher chance of obtaining a therapeutic use exemption. Ideally, one has a Nevada Medical Marijuana patient card that has been issued for a chronic or deliberating medical condition. It is this condition that should be the basis for the TUE.
As it stands, a TUE for marijuana carries a lot of uncertainties. Luckily, the NSAC seems to be open to the idea of marijuana as being ground for TUE.
This is for informative purpose only and does not constitute legal advice. if you have questions about Nevada’s Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today. The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license and also assist individual patients with any legal matters. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation. You may contact the firm through email at firstname.lastname@example.org or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.