2001 Act No. 592
Medical use of marijuana
EFFECTIVE DATE: October 1, 2001
REGISTER OF ADMINISTRATIVE REGULATIONS
R148-15A Health (453A) Volume 227 Part 2
Revises various provisions relating to the medical use of marijuana (9/12/16)
Replacement pages filed (9/23/16)
R148-15I Health (453A) Volume 218 Part 5
Revises provisions governing the medical use of marijuana (12/18/15)
R148-15P Health (453A) Volume 224 Part 5
Revises various provisions relating to the medical use of marijuana (6/17/16)
R148-15RP1 Health (453A) Volume 226 Part 1
Revises various provisions relating to the medical use of marijuana (8/15/16)
NRS 453A.600 Program for evaluation and research of medical use of marijuana: Establishment by University of Nevada School of Medicine; federal approval; participants and subjects; quarterly report to Interim Finance Committee.
1. The University of Nevada School of Medicine shall establish a program for the evaluation and research of the medical use of marijuana in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition.
2. Before the School of Medicine establishes a program pursuant to subsection 1, the School of Medicine shall aggressively seek and must receive approval of the program by the Federal Government pursuant to 21 U.S.C. § 823 or other applicable provisions of federal law, to allow the creation of a federally approved research program for the use and distribution of marijuana for medical purposes.
3. A research program established pursuant to this section must include residents of this state who volunteer to act as participants and subjects, as determined by the School of Medicine.
4. A resident of this state who wishes to serve as a participant and subject in a research program established pursuant to this section may notify the School of Medicine and may apply to participate by submitting an application on a form prescribed by the Department of Administration of the School of Medicine.
5. The School of Medicine shall, on a quarterly basis, report to the Interim Finance Committee with respect to:
(a) The progress made by the School of Medicine in obtaining federal approval for the research program; and
(b) If the research program receives federal approval, the status of, activities of and information received from the research program.
(Added to NRS by 2001, 3064)
There is no limit on the number of plants a producer can grow.Federal Penalties
21 U.S.C. § 841(b)(1)(A)(vii)
1000 kilograms (2204.62 pounds / 1.10231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight
$10/50 million — 10 years to life in prison
21 U.S.C. § 841(b)(1)(B)(vii)
100 kilograms (220.462 pounds / 0.110231 tons) or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight
$5/25 million — 5 to 40 years in prison
21 U.S.C. § 841(b)(1)(C)
50 to 99 kilograms or 50 to 99 plants
$1/5 million — up to 20 years in prison
21 U.S.C. § 841(b)(1)(D)
less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil,
$250,000/$1 million — up to 5 years in prison
21 U.S.C. § 844
Any person who violates this subsection may be sentenced to a term of imprisonment of not more than 1 year, and shall be fined a minimum of $1,000, or both,
except that if he commits such offense after a prior conviction under this subchapter or subchapter II of this chapter, or a prior conviction for any drug, narcotic, or chemical offense chargeable under the law of any State, has become final, he shall be sentenced to a term of imprisonment for not less than 15 days but not more than 2 years, and shall be fined a minimum of $2,500,L
except, further, that if he commits such offense after two or more prior convictions under this subchapter or subchapter II of this chapter, or two or more prior convictions for any drug, narcotic, or chemical offense chargeable under the law of any State, or a combination of two or more such offenses have become final, he shall be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years, and shall be fined a minimum of $5,000.
21 U.S.C. § 844a
(a) In general Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.
(b) Income and net assets The income and net assets of an individual shall not be relevant to the determination whether to assess a civil penalty under this section or to prosecute the individual criminally. However, in determining the amount of a penalty under this section, the income and net assets of an individual shall be considered.
(c) Prior conviction A civil penalty may not be assessed under this section if the individual previously was convicted of a Federal or State offense relating to a controlled substance.
(d) Limitation on number of assessments A civil penalty may not be assessed on an individual under this section on more than two separate occasions.
(e) Assessment A civil penalty under this section may be assessed by the Attorney General only by an order made on the record after opportunity for a hearing in accordance with section 554 of title 5. The Attorney General shall provide written notice to the individual who is the subject of the proposed order informing the individual of the opportunity to receive such a hearing with respect to the proposed order. The hearing may be held only if the individual makes a request for the hearing before the expiration of the 30-day period beginning on the date such notice is issued.
2016 Question 2
Regulate and Tax Marijuana
EFFECTIVE DATE: January 1, 2017
- Mandates the Nevada Board of Agriculture implement an industrial hemp pilot program.
- Allows institutions of higher education and the Nevada Department of Agriculture to grow hemp for research purposes.
2015 Act No. 349
EFFECTIVE DATE: January 1, 2016
1971 Act No. 667
Uniform Controlled Substances Act
EFFECTIVE DATE: January 1, 1972