Nevada Medical Marijuana Program

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Nevada Medical Marijuana Cards

Nevada State Medical Marijuana

The Assembly Bill 453 imposed by the State of Nevada clearly disposes that it is the sovereign duty of the state to regulate public health, health and medical practices, and the well-being of those people who need respect from others in their decisions of making use of medical marijuana as a way to treat or alleviate their sufferings from certain health conditions.

Introduction

The main purpose of writing this is to provide people with a clear understanding about the Assembly Bill 453 which is employed to the public by the state of Nevada. This is of course in line with the legal use of marijuana in the treatment of certain health conditions. This Bill was actually passed and signed by Governor Kenny Guinn in June 14, 2001. Soon after it was passed and signed, the bill was started to be imposed in the state in October 1, 2001.

Medical or Health Conditions Approved by the Bill

There are actually different types of medical or health conditions which are entitled to avail medical marijuana as treatment. Conditions like AIDS, Glaucoma, Cancer, Epilepsy, Multiple Sclerosis, other health issues or problems that involve spasms, nausea, seizure, sever pain, and/or cachexia. If other health issues are suspected and that one feels he also needs to avail the medical marijuana which can be availed in the state then he can consult Nevada’s Health Division regarding his current health condition.

He who obeys the law imposed by the state will be given total protection from prosecutions – that is the protection provided by the Assembly Bill 453.

Registry ID

So that the citizen stays in compliance with the law, he should be able to present a Registry ID. Let us use the term “cardholder” as this simply entails that a single cardholder may designate only one caregiver who will handle or propagate marijuana for him or her. Any cardholder may only have one caregiver and a caregiver should only have one person to handle.

Usage

He who holds a card has the privilege to make use of marijuana for medical purposes.

Possession

He who is a cardholder has the opportunity to possess an ounce of marijuana and that his caregiver should collectively possess an ounce of marijuana (maximum); this is clear that for a group of two (caregiver and the patient) only an ounce is allowed.

Propagation

The caregiver or the cardholder should only possess not more than seven marijuana plants and that not more than three of the seven plants should be in bloom; again, the cardholder and the caregiver should agree that the amount mentioned should be collectively owned.

Search and Seizure

The fact that a patient holds a card should not be reason enough for the different government agencies to search the property. The house of the cardholder and the caregiver are protected from inspection conducted by different agencies; properties owned by both cardholder and caregiver should not be seized, forfeited, or destroyed.

More Protections

Cardholders and caregivers are protected from prosecution due to possession, delivery, and carrying of paraphernalia, or any other types of aiding devices. Everyone in Nevada is protected from being accused of criminal charges whenever he was found within the vicinity or area where medical marijuana is conducted or is currently taking place. That is a law that is also emphasized in the Assembly Bill 453.

Protection to Doctors

The Bill 453 states that the board of examiners (medical department) should not employ any disciplinary measures against a doctor who has made certain advice and recommendations to the patient to make use of medical marijuana to treat his current health condition. This is also true when the medical marijuana has mitigated the signs, symptoms, and effects of the patient’s condition.

Certain Restrictions

Here are certain acts that are punishable by the law:

• Possession of firearms in public places especially when under the influence of marijuana.

• Possession or delivery of marijuana to certain places like correctional facilities.

• Delivery of marijuana to any person who is not a legal cardholder.

• Delivery of marijuana regardless of the fact that the person is considered a legal holder of registry ID card.

For people who are working as employees, they are not allowed to administer or make use of medical marijuana in the place of work. Also, there are no insurance providers or organizations which are allowed to include coverage in the insurance that entails the use of medical marijuana.

A cardholder should immediately report change status of his information: say for example, change in phone number, and change in home address, caregiver, or doctor.

Confidentiality

Bill 453 aims to provide protection to the identity of caregivers and cardholders in the state.

State of Nevada’s Department of Agriculture should maintain the confidentiality or secrecy of any applications filed to them. Recommendations and other written documents should also be held privately and should not be made known to anyone. The same protection is also given to the information of the attending physician and to anyone in the government who has issued the patient with the registry ID card.

The department and/or its designees are only allowed to bring out the information to the authorities whenever there is a need to verify the identification of the patient. This is especially true in the verification of the patient’s registry ID card.

Applying for the Card

• A written documentation that supports a patient’s health diagnosis, the beneficial effects of medical marijuana to his health, and a written statement that the doctor has already explained to the patient the possible health risks of marijuana to a person.

• Contact information: name, address, phone number, SS number, birth certificate

• The contact information of the attending doctor

• The contact information of the patient’s caregiver

• A written statement that has been signed by the doctor that he or she has allowed the caregiver to care for the patient (optional).

How long should I wait for the State department to respond?

While you wait for your application, the department is actually reviewing your application documents. Approval and denial of application takes place after 30 days from the time your application was received.

An applicant can still be considered as a cardholder until such time that he becomes denied. If the cardholder applies, he should, along with his designated caregiver, wait till their copy of application has been presented to the law enforcer who will be handling their case. The registry ID card will only be given to the person on the time the application is submitted to the state department.

Possible Grounds for Denial

The state department will only deny the application of the cardholder on the following reasons or grounds:

1. When he/she fails to present health proof or consultation document signed by the doctor particularly for the purpose of getting recommendations to make use of medical marijuana

2. When the cardholder fails to comply with some rules and regulations imposed by Nevada’s Department of Agriculture

3. When cardholder provides false and spurious information

4. When the attending doctor is not licensed

5. When the cardholder or the caregiver has been convicted of selling controlled and prohibited substances

6. When the cardholder or the caregiver has been charged with possession or delivery of marijuana to correctional facilities

7. When the applicant is below the legal age of 18 and his/her parent or guardian has not signed the required documents

Reapplication and Renewal

If a cardholder’s application has been denied he may not reapply within the first six months from the time he was denied.

A Registry ID card usually expires after a year.

How to Become a Patient for Medical Marijuana in the State of Nevada

• You should be a certified resident in the state of Nevada and you should be able to present the authorities with different documents that will serve as your proof in your claim that you are a resident of the state; given that there is no resident ID to be presented, a person may present utility bills, bank statements, or any other proof that will affirm his residency.

• Try to obtain copies of your medical diagnosis and recommendations done by your doctor and you need to bring these documents along with you whenever you need to go to your medical marijuana appointment.

• Your application should be submitted to the State of Nevada’s Health Division office. You must also enclose your payment for your application fee and should be addressed to Nevada Health Division Office.

• Your application form should include a written recommendation written and signed by the doctor who has conducted the check-up on you and this should also be presented along with your other documents.

• Once your application form has been submitted, you will be issued a medical marijuana card by the DMV.

Can a person be referred by a doctor to another doctor?

Definitely the answer is no, because the doctors in the state have the capability to evaluate the current health condition of a patient and he or she is also able to recommend whether the patient can make use of medical marijuana or not.

What are the procedures in obtaining medical marijuana evaluation?

Upon arrival at the office, you will be asked to fill out an application form along with any other documents necessary for your medical marijuana application. Before doing this procedure, a patient is advised to present valid documents that will support the legitimacy of their residency. There are actually many different types of documents that can prove a person’s residency and some of these documents include resident IDs, utility bills, bank statements, and many others. After presenting the needed documents, your blood pressure will be monitored by one of the staff of the office and then you will soon be taken to a private room wherein the state doctor will ask a series of questions and perform certain consultation procedures. The consultation and interview will not exceed 10 minutes and after which, you will soon receive the medical marijuana ID card given that you get the recommendation of the doctor who has interviewed you.

What are the things that should be brought when you visit?

Any document that will serve as your proof of residency should be taken along with you whenever you pay a visit to the State’s Health Division office. Driver’s license and residency cards are good enough to prove your residency in the state. It is also highly recommended for patients to bring along with them their previous medication bottles and that their names should be written on them. However, if these things or other documents are not to be presented because they were lost, then the State provides a law of exception when such things happen.

Is there a need to pay for the evaluation fee without acquiring approval?

Of course you need not pay for the recommendation fee especially when you get no approval from the doctor who has reviewed your condition and application. In short, you only need to pay when you get the approval from the doctor.

Does a patient need to be at the age of 18 to be entitled for medical marijuana?

As long as the parents and the legal guardians will sign a waiver, anyone below 18 can apply to be a legal medical marijuana patient.

Is there going to be a problem concerning the issuance of medical marijuana card to patients?

There will never be a problem concerning the issuance of medical marijuana to you. Your doctor is covered with a protection that is provided by HIPPA and this will ensure you that no one will ever learn that you are medical marijuana patient unless you tell it to anyone.

The Nevada Medical Cannabis (Marijuana) Card

According to NRS 453A, only a person who is suffering from certain types of health conditions that are debilitating and is currently a holder of Medical Marijuana Card obtained from the State of Nevada will be protected from the criminal laws imposed by the government of Nevada. Patients should also secure recommendations from doctors who are currently living in the State of Nevada.

How to acquire medical marijuana card?

To be able to obtain a medical marijuana card, you need to apply for the medical marijuana program which can be found in the State’s Health Division office. To get the application form, you need to write a request with enclosed payment which amounts to fifty dollars being paid and addressed to the State’s Health Division office. Your written request should be mailed to this address:

Nevada State Health Division 1000 E William Street Suite 209 Carson City, Nevada 89701

Your request must obtain the following information:

1. Mailing address for the application form.

2. If you are currently working with a caregiver then a request for caregiver packet must be included.

3. If you are making a request for other people, then it is your duty to include their name and current address.

4. If you are making a request for minor patients then you have to include a minor release with the application.

5. Make it a point to follow all the instructions provided in the application form. Once your application is approved you will then receive your Medical Marijuana ID card issued by the DMV.

6. Once you have registered yourself in the Medical Marijuana Program imposed by Nevada you are then assured that you will get protection from the penalties imposed to those who are currently using marijuana particularly for medical purposes. The Medical Marijuana Protection Law is applied if you are a patient diagnosed with any of the following health conditions:

Acquired Immune Deficiency Syndrome

Cancer

Glaucoma

Wasting Disease or Cachexia

Severe muscle spasms and spasms that are due to multiple sclerosis

Seizures and other typed of seizures due to epilepsy

Severe nausea and pain

Any condition under these categories:

a.) Debilitating or chronic and is a medical condition which is currently regulated by the State’s Health Division and

b.) An approved debilitating and chronic condition that has been approved following the application to DHSS.

The Medical Cannabis (Marijuana) Program: Possession

If you are currently a holder of medical marijuana card you can have the following options:

• The authority to possess not more than one ounce of marijuana

• To possess not more than 3 marijuana plants (mature)

• And 4 immature marijuana plants

You can have the option to designate a person who may serve as your caregiver and help you with the production of marijuana. Patients are also given the permission to make use of certain apparatus and materials which are needed in the administration of medical marijuana and these materials may include pipes and vaporizers.

The Medical Cannabis (Marijuana) Program: Application Procedures

There are only three ways which are acceptable to the state whenever you need to send requests in their office. All requests should only be mailed through US Postal Service, FedEx or UPS. This applies whenever you need to change certain information about your profile. The following information must be included in your written request:

• The mailing address where the form will be sent.

• If you are currently acquiring the services of a caregiver, a caregiver packet must be included in your request.

• If in case the application you are requesting is intended for another person then you have to include the name and current address of that particular person.

• For a minor, minor release coming from the guardian or parent must be included.

• There is no way for you to obtain a Medical Marijuana card in case you are currently holding a Commercial Driver’s License.

• Registration fee is fifty dollars and should be mailed through money order or check to the State’s Health Division Office.

• All your requests should all be mailed to this address:

Nevada State Health Division 4150 Technology Way - Suite 104 Carson City, Nevada 89706

Once you have sent your request then you will soon receive an application form from the Health Division office of the state. In completing the application form, you should see to it that you have a confirmation that is written and signed by the doctor who has checked you up and assessed your health conditions. After this, the Health Division will soon check the background and legitimacy of the physician who has confirmed your health status. The Division Office will do a background check whether or not you have become involved in the illegal handling or possession, use, and cultivation of cannabis or marijuana in the past. Once your recommendation has been approved then you are enabled to receive your Registry Identification Card at any of the MV offices located in Las Vegas, Carson City, Elko Henderson or Reno.

Nevada Medical Cannabis (Marijuana) Program for Doctors

Any person who is working as a MD or DO and is licensed in the State of Nevada is given the authority to provide recommendation for a patient to the Medical Marijuana Program of the State.

The Nevada Medical Cannabis (Marijuana) Program for Caregivers

Being the patient, you and your designated caregiver have the authority to plant cannabis or marijuana for medical conditions and purposes only and that you are given the permission to be a caregiver only at a specific time; you also need to be at the legal age of 18 and beyond before you can work as a licensed caregiver. If the patient decides for a private designated caregiver then he may just send a request to the Health Division office and request for a caregiver packet along with an application form.

Some Important Details and Information

• For patients who are using medical marijuana while driving their boat, they will not get any protection from the law. Also, no one is allowed to medicate oneself in populated areas.

• For patients who are minors, a waiver must be signed by a parent or guardian. The parent or guardian should state there that they will serve as the patient’s primary caregiver. They will be held responsible to handle the dosage, acquisition, and medication frequency.

• The patients are confidential and will never be subjected for subpoenas, discovery, or any other form of inspection done by the public.

• The law of Medical Marijuana does not address whether person can be evicted or not because he is a Medical Marijuana card holder. If in case you are living in a federal housing, then you will never be protected if in case you will be evicted from your place because you have to take note that medical law does not cover or protect medical marijuana.

• Nevada’s Medical Cannabis (Marijuana) Program law employs that a person who is currently in a correctional facility detention centers, county jails, and prisons is not allowed to make use of medical marijuana.

• Employers are also not allowed to administer medical marijuana in their work stations or workplace.

• The law does not allow any insurance provider to reimburse what you have paid for the medication.

• The law does not provide protection to any person coming from any other state especially if you fail to present your identification as a Nevada patient to the authorities. A Nevada Patient ID must be given.

• The State’s medical necessity defense must take effect on any patient coming from other states.

Medical Marijuana FAQs

1) Does the NV MMProgram able to refer a patient to a doctor?

The answer is no because the NMMP is not a referral source. A patient can only be recommended by a Doctor of Medicine (MD) or a Doctor of Osteopathy (DO) to the NMMP.

2) Where is the best place to obtain marijuana seedlings for propagation?

You should talk to the attorney in order for you to know about the rights and protection that you need to have as a patient trying to avail of the medical marijuana benefits particularly in the aspect of cultivation. The NMMP is not the resource for the propagation and will not give patients any information about marijuana cultivation.

3) What mode of payment is to be followed?

It can be payable in full or with renewal application. You can pay your bill in Nevada State division office in Carson City, William Street. Cash payments and money orders are the best modes of payment acceptable by the Health Division office.

4) Is it necessary to tell that you are a patient from NMMP? Would it be possible for me to get evicted by my landlords whenever he finds me a recipient of the medical marijuana program?

The answer to this is optional. It is up to you whether you tell it to him or not. In NMMP, there is no such law that specifically addresses you to be qualified as a patient. It will be best to talk to your attorney for some legal details and information about this law.

5) Is there a need to tell the NMMP if you’re changing your address or removing the assigned caregiver?

The answer is yes. You are required to report any changes in order to avoid penalties within 30 days. The NMMP does not accept information through telephone, they only accept written changes. The assigned caregiver is to be changed upon returning your old caregiver card within 7 days. The changes are to be done through database and will be saved in your file for your protection from civil and criminal penalties.

6) What will happen if you fail to send your application and miss some part?

If your application is complete, the NMMP will send you a temporary approval and will conduct a background check. You will be receiving a 30 day temporary approval letter. If you’re incomplete, the NMMP will send you an incomplete letter telling that you missed some part of it.

7) How can the medical marijuana be ingested?

The ingestion is to be done by those who have the ability to engage in the medical use of marijuana as justification and to overcome the symptoms or the effect of the person’s condition.

8) Is it true that pharmacies do not prescribe marijuana medication?

The marijuana is considered as a drug so the pharmacists do not have the right to prescribe the medical marijuana. They dispense medication but do not prescribe.

9) Is it possible to cross or travel to another state using the NV MM Registry Card without violation?

The Nevada State does not have any law referring to this kind of case. MMP vary by state like in Washington and California. You can contact and inquire the state where you want to stay or you want to travel for information.

10) How to tell an employer that you are subjected for a drug test?

The Medical Marijuana Acts emphasizes that employers should not accommodate cases when their employees should undergo medical marijuana treatments. It will be a good idea to have a conversation with your lawyer as to whether you should tell your case to your employer or not anymore. The patient has all the authorities to contact the NMMP to as the medical marijuana program to come up with information pertaining to a patient in account tom his connection and registration to a particular employer.

11.) Would it be possible to let anyone write and sign my application form whenever I am not available or I am not capable of doing so?

This is a possible way indeed as long as the person who is appearing to be your proxy will make it a point to write and attest that he or she is your official proxy and he should affix it near to his signature. Along with these essential things, he should be able to present essential documents and recommendations, and waivers that are essential for the application.

12) Would it be possible for a patient to quit or withdraw from medical marijuana program? Yes, it is possible. All the patient needs to do is to write a letter stating there that he or she wishes to quit or withdraw from the medical marijuana. As a result, when the authorities have received your withdrawal request then they will advise you to surrender all the cards you have obtained from the program. If in case you have not returned the card, and still continue to make use of them in any of your legal transactions, you need not to be surprised if one day you will find them to be already null and void. This means that upon your withdrawal from the program, all your cards will become invalid. So, it is clearly understood that it is the sole responsibility of the patient to secure all cards from the time of his withdrawal. Once they are all collected, they should be handed over to the authorities within a period of seven days. This simply means that when you informed the authorities of your withdrawal on Monday, you have to surrender all your cards to them on or before the next Monday the following week. Now, if the patient chooses to apply again then he or she may do all the required procedures that he or she has done during his/her time of application. For reapplication, a patient should submit proper documentations including the application fee which is being stated in NAC 453A.

13) Can the NV MMP provide a person with any legal advice?

Definitely not. If you have certain questions about the compliance of the medical use of marijuana particularly with the laws imposed in the State of Nevada then it is proper and fitting that you should contact or talk to an attorney so that he will explain to you the essential facts about the existing laws employed in the Medical Marijuana Program executed in the State.