Worth the Wait?

Just over a year ago, Governor Brian Sandoval (R) signed SB 374 into law. This finally provided patients with a legal way to obtain medical marijuana.

Yet while we'll need to wait a little longer before any actual medical marijuana dispensaries open here in Nevada, "The Great Green Rush" is already underway. Entrepreneurs are rushing in to cash in on the new green sensation.

Yet already, some controversy has emerged... But not over the actual medicine. No, we're seeing growing controversy at Clark County Government Center because of how the county has been selecting finalists for medical marijuana licenses.

We'll admit we had some harsh words for the City of Henderson when the City Council decided to enact a year long moratorium on medical marijuana dispensaries. Why deny residents the medicine they need? And why deny businesses the opportunity to capitalize on this while also providing a necessary service?



But now, we're wondering if there was perhaps a method to the madness at Henderson City Hall. In trying to avoid the drama that's come to define the Clark County licensing process, the Henderson City Council just gave their first green light to a tentative set of regulations for medical marijuana dispensaries. So was the wait worth it?

Perhaps. Back in May, we stated that "state & municipal authorities need to adopt wise regulations to ensure a fair market place". Now, we're wondering if perhaps Henderson's draft dispensary regulations are worth the wait.

We can understand why we've seen some awkward situations lately. Nevada has entered previously uncharted territory. So of course, there will be some missteps as we climb up the ladder to some sort of sensible marijuana policy.

But now, several weeks after Clark County and the City of Las Vegas jumped head first into the medical marijuana business, Henderson is taking a dip. And now, Henderson seems to be offering regulations that might actually be fair and sensible. Maybe, just maybe, this was worth the wait.

The Great Green Rush

Last year, the Nevada Legislature passed SB 374. And after some initial hesitation, Governor Brian Sandoval (R) ultimately signed it into law. And with SB 374 becoming state law, medical marijuana dispensaries were finally cleared to open in the near future so patients could safely access the medicine they need.

Unfortunately for medical marijuana users, they ran into hiccups early this year when municipal governments throughout Nevada balked at the prospect of approving medical marijuana dispensaries. But in March, a major breakthrough occurred when the Clark County Commission approved a timeline to allow for new dispensaries in unincorporated Clark County communities. And later that month, the City of Las Vegas followed suit by announcing its own plans to draft regulations for medical marijuana dispensaries. And now, Las Vegas has finally approved specific locations for dispensaries.



And the City of North Las Vegas may also soon follow suit. At this point, Henderson and Boulder City are the only Las Vegas Valley municipal governments that are not moving forward on dispensaries. Boulder City has a ban in place. Henderson currently has a moratorium in effect until July... But with Henderson facing an increasingly nasty budget shortfall, the city may have to reconsider its stance on medical marijuana.

After all, medical marijuana is expected to bring more business to Southern Nevada. There's a reason why so many dispensary applications flowed into Clark County Government Center.



Hint: They want a piece of "The Great Green Rush". And as long as applicants are going into this for the right reasons and intend to serve patients in need, they have every right to go into this business. But of course, with every "rush" comes risk. So state & municipal authorities need to adopt wide regulations to ensure a fair market place.

There's a reason why all of this is happening. There's a reason why certain "entrepreneurs" are rushing to "embrace the weed". And there's a reason why the Nevada Legislature passed SB 374 in the first place.

It's because our legislators finally realized medical marijuana patients didn't deserve to be treated like criminals for daring to access the medicine they need. This is why we're now starting to experience "The Great Green Rush".

And all involved in this new "Rush" need to keep in mind who they need to serve.

Long Road

The past nine months have certainly not been dull. They haven't been easy, either. After a surprising wait, SB 374 became law. Yet even as it became law, medical marijuana still wasn't legally available yet because several municipal governments throughout Nevada were refusing to allow dispensaries within their boundaries.



Finally this month, a breakthrough occurred when Clark County announced its plan to approve zoning regulations for medical marijuana dispensaries. That pretty much guaranteed that dispensaries will finally open soon in Nevada's most populous county. And it set an encouraging precedent for other municipal governments to follow.

And now, the Clark County Commission has finally cleared the way for dispensary applications to begin circulating by approving regulations. And just hours before the Clark County Commission approved its new medical marijuana dispensary regulations, the Las Vegas City Council finally directed city staff to begin drafting its own dispensary regulations. The City of Las Vegas had been the biggest municipal government to resist any allowance of medical marijuana, but yesterday the City Council finally came around to approving dispensaries.

So after nine months of regulatory delays and legal brawls, SB 3374 is finally on track for full implementation. And after thirteen years of legal wrangling, police raids, and plenty of confusion all around, the will of the people is finally starting to be recognized...

But this fight is still far from over. Patients still face immense hurdles as they try to access the medicine they need. Even as Clark County and Las Vegas City make progress in adopting new regulations, medical marijuana can not yet be legally obtained anywhere in Southern Nevada.

The road to legal medical marijuana in Nevada has been quite long. And it's been quite difficult at times. And we're still far from the end of it. But at least today, it looks like we're moving in the right direction. Perhaps this long road will finally take us somewhere.

Because It Works

We've been waiting quite some time for this. After years of ballot initiatives, legal challenges, and legislation, medical marijuana is closer than ever to becoming fully legal in Nevada. Nine months after SB 374 was signed into law, Clark County is preparing zoning regulations for medical marijuana dispensaries.

So why is this important? Clark County is the first Southern Nevada municipal government to consider medical marijuana dispensary regulations. And that means Clark County may be the first Southern Nevada municipal government to legally sanction the sale of medical marijuana.

Even with the state legalizing medical marijuana dispensaries, the City of Henderson has banned them while the City of Las Vegas has been dragging its feet in issuing dispensary regulations and most of the rest of the state's municipal governments have been sitting on their hands. So it's a big (f**king) deal that Clark County is moving forward in allowing dispensaries.

But why is this such a big deal? Why should local governments cater to potheads' desires to get stoned? Believe it or not, this is about more than just "potheads getting stoned". This is about patients accessing the treatment they need.

Like it or not, some patients use marijuana as medicine... Because it works. What hasn't worked, on the other hand, is the War on Drugs. While many of the above mentioned potheads have been subjected to long, expensive, and nonsensical prison sentences, multinational drug cartels continue to thrive in the violence plagued black market. The cartels truly have been the only ones "winning" the War on Drugs.

In the big picture of the War on Drugs, Clark County's consideration of dispensary regulations may not seem like a big deal. However, it will be should Clark County adopt new regulations. After decades of criminalizing people who are just looking for treatment that works, Nevada has the chance to move in a different direction... And start implementing sensible drug policies that work.

Embrace the Weed

Well, isn't this interesting? Last week, Senate Majority Leader Harry Reid (D) dropped quite the bomb during his interview with Las Vegas Sun's Karoun Demirjian. So what was this bong bomb? Go ask Mary Jane about it.

No really, Senator Reid said he's down with medical marijuana. This marks another major policy evolution for the Senator. He's never even tried pot before. And not that long ago, he was a willing "Drug Warrior". But now, he says it's time for a change.

And why not? SB 374 is now the law of the land here in Nevada. Medical studies have shown that marijuana is less dangerous than alcohol, and that there are legitimate health benefits of medical marijuana. Oh, and most Americans now support full legalization of (medical & recreational) marijuana.

Even President Obama now seems to be accepting the science... And society's changing attitudes. So why are Las Vegas & Henderson dragging their feet on allowing medical marijuana dispensaries? Patients need it. The state will soon officially sanction dispensaries to provide it. Why are Nevada's two largest cities pretending that it's some sort of "evil weed"?

Apparently, they're afraid of "the feds". And to be fair, they're still a problem. Even though President Obama and reality now seem to disagree, federal law enforcement is still cracking down on any & all marijuana. And local law enforcement still seems to be following the feds' lead... Even with state law saying otherwise.

Unfortunately, medical marijuana patients and other marijuana users are still caught in the middle of all this hot legal mess. And if they happen to be caught "inhaling while dark skinned", they get quite the heavy book thrown at them.

So what are we to do about this hot legal mess? Usually, we're not into letting out gardens go. But in this case, our OCD weeding is far more detrimental than the actual weed itself. Perhaps it's time for us to finally embrace the weed (provided it's properly regulated).

High Times... Finally?!

This was a long time coming. We saw an Arizona field trip, an ACLU law suit, a last minute roll call SNAFU in Carson City, and one final round of bizarre drama from the Governor's office. But finally last month, SB 374 was signed into law and medical marijuana dispensaries finally became legal in Nevada.

So what's next? KSNV/News 3 Vegas looked into that yesterday.

Plenty of work remains. The Board of Health must set guidelines on regulating the dispensaries.

At the local level, agencies have to figure out what they will require for someone to get a business license and where to put these dispensaries.

Perhaps the biggest challenge will be making sure state and local agencies are in sync as people try to get approved. But state Sen. Tick Segerblom, who has become the face of this law, remains positive. 

“It is going to happen,” he said. “It's been 10 years since the voters approved it, but it's finally coming to fruition, so we're very excited.”

The final draft of regulations set by state board of health for public comment is set for Oct. 30. A legislative commission must approve those guidelines by Dec. 13.

There's still more work to do ahead. But finally,something's happening. After 13 years (the original medical marijuana initiative passed in 1998 and 2000), the will of the people is finally being implemented. And really, it couldn't come at a better time.

The news comes as several new studies are released suggesting that marijuana may aid in post-traumatic stress disorder,Crohn’s disease, diabetes, and as a possible weight control remedy. All of these studies, however, were either performed in other countries or based on surveys or self-reporting from marijuana users, because federal agencies have blocked access to a legal supply of marijuana even for academic studies.

Of course, federal law still presents a problem. In fact, the federal drug war is stifling critical medical research. And on top of that, specific federal actions to thwart medical marijuana run counter to 76% of US doctors who are comfortable prescribing it to patients in need.

So one can only hope the feds won't try to undermine SB 374 and/or Congress brings federal drug laws into the 21st Century soon. But in the mean time, we're at least seeing some progress in this state.

No More Marijuana Melodrama?

We've been waiting... And waiting... And waiting. It's been a long wait. But finally, we have a verdict on SB 374.

Immediately after a last minute "surprise skunk" from the Nevada Department of Taxation, Governor Brian Sandoval (R) sounded awfully cagey on what he was planning to do next. But yesterday, we saw another surprising twist. Guess what Governor Sandoval signed into law yesterday.

Republican Gov. Brian Sandoval signed SB374 into law Wednesday. The measure establishes the framework to make pot available to medical marijuana card holders, imposing fees and requirements for growers, processors and dispensaries of pot. It also contains provisions to continue to allow home-growing until 2016.Nevadans voted to legalize medical marijuana in 2000 and a year later were able to obtain medical marijuana cards.

However, legislative efforts to create a legal way for users to obtain the drug — aside from growing a small number of plants at home — have all failed over the years. Now, their wait is over.

"This new law will provide patients with the safe and reliable access to medical marijuana that they deserve," Karen O'Keefe, director of state policies for the Marijuana Policy Project, said in a statement shortly after the bill's signing. "Regulating medical marijuana sales will also generate revenue and take a bite out of the state's underground marijuana market."

Nevada becomes 14th state to legalize medical marijuana dispensaries, and it's one of 19 states and the District of Columbia with medical marijuana laws, according to the National Conference on State Legislatures. Illinois lawmakers passed a bill legalizing medical marijuana this year that is awaiting the governor's final decision.

Just this month, we've seen some bizarre drama surrounding what has been a bipartisan backed bill. Just before the 77th session of the Nevada Legislature adjourned sine die, SB 374 was caught in a strange bout of procedural confusion. Then after the Legislature adjourned, Governor Sandoval began dragging his feet. And all of a sudden, the Department of Taxation dropped a fiscal note that was never even hinted at during legislative hearings.

But finally, SB 374 was signed into law yesterday. And finally, Nevada's medical marijuana patients can look forward to easier access to the treatment they need without the intense harassment from law enforcement that's plagued Nevada for the past 13 years. Finally, this bizarre marijuana melodrama is beginning to come to an end.

Surprise Skunk

Ever since the Nevada Legislature adjourned sine die, all eyes have turned to Governor Brian Sandoval to see what he finally signs into law... And what he vetoes to prevent from becoming law. And while SB 221 (the background checks gun safety bill) has been getting the lion's share of attention, another bill may be landing into trouble with Governor Sandoval.

So what happened? Governor Sandoval's office claims the delay is over a "hidden expense". Really? It costs too much to collect tax revenue?

Sandoval has said the Nevada Department of Taxation has told him that administering the tax on the medical marijuana dispensaries, which will face the sales tax plus a 2 percent excise levy, will cost $2 million. [...]

The bill had fiscal notes attached by multiple state agencies, such as the Health Division and the Investigations Division, but nothing from the Taxation Department.

“The agency is supposed to report to the Legislature,” Segerblom said. “We had no chance to question them.” [....]

Segerblom is baffled: “I don’t want to criticize the Department of Taxation. There’s some misunderstanding going on.”

What's especially baffling about this latest SB 374 controversy is that it doesn't seem to make any sense. In Coolican's Sun column, Senator Segerblom noted that SB 374 will likely raise $1.75 million right off the bat in dispensary license fees. Right there, most of the $2 million is paid for. And that's before other medical marijuana taxes are brought into the equation!

And why is this coming up now? Why didn't the Department of Taxation raise this matter when the Legislature was in session? Why did it wait until after the Legislature adjourned to drop this (supposed) $2 million bomb?

Something smells skunky here. Where did this estimated $2 million cost come from? Why is it now dropping? And how strange is it that this is coming up just as SB 374 waits at Governor Sandoval's desk?

It would be incredibly tragic if Governor Sandoval uses this as an excuse to veto SB 374. And it would be incredibly stupid. The State of Nevada faces a law suit over law enforcement harassment of medical marijuana patients if SB 374 doesn't become law. And of course, those patients will still suffer intense hurdles to access the medicine they need if Governor Sandoval vetoes SB 374.

So what will it be? Will Governor Sandoval follow the time (dis)honored Nevada tradition of being penny wise and pound foolish? Or will he finally allow the state to do the right thing for the right reasons?

Highlights of the Nevada Legislature (This Year)

So it's over. After 120 days of intrigue, drama, coaltion building, infighting, progress, backslides, cheers, tears, and so much more, we finally have a chance to reflect on what happened during the 77th session of the Nevada Legislature. So now that we have a chance to step back and reflect, let's take one more look at the 2013 Nevada Legislature.

Perhaps one of the greatest highlights of the session was the passage of SJR 13, the constitutional amendment to repeal the Question 2 marriage ban and enact marriage equality in Nevada. Here, the conventional wisdom of what had been considered "possible" in Carson City finally burst as we saw an outbreak of true courage. After the sharing of much heart-wrenching personal testimony, equality ultimately won the day... For now. We just have to do this all over again in two years... Unless federal courts deliver a big surprise in the coming weeks and months.



Another surprising moment was the second round of passage for SJR 15, the constitutional amendment to remove multinational mining corporations' sweetheart deal from the Nevada Constitution. While SJR 15 first passed in 2011, it looked to be on very shaky ground early this year as mining industry lobbyists doubled down to kill it. But then, a major twist of fate occurred as a prominent Republican (??!!) stepped forward to snatch a politically convenient way to kill IP 1 embrace mining tax reform. Yet even as his own mining tax scheme proposal died an ugly death, new life was quickly breathed into SJR 15. And after another shocking outbreak of courage in Carson City, SJR 15 ultimately sailed through the Legislature and onto our ballots next year.

And that wasn't all. The Nevada Legislature also surprised many by easily passing SB 303, the bill that creates driver's authorization cards for undocumented immigrants and other Nevadans with difficulties accessing personal documents (like domestic violence victims). The success was found in framing this as a critical driver safety issue... And in some Nevada Republicans' desire to fix their "Latin@ problem". So even as Nevada Republicans in Congress start succumbing to their toxic "TEA" and complicate efforts to pass comprehensive immigration reform this year, the Nevada Legislature found one way to work around their obstruction.

But wait, there's even more! SB 374, the bill to authorize medical marijuana dispensaries in Nevada, finally passed at the last minute. The state has been facing legal trouble over confusing current law, so there was an opening to act. Yet while another bill to fully legalize marijuana never saw the light of day, a surprisingly bipartisan coalition for medical marijuana emerged. And after a surprisingly bizarre last minute hiccup, the bill finally passed on the final day and headed to Governor Brian Sandoval's (R) desk (where he has yet to sign or veto).

And finally, we saw some encouraging environmental progress in the passage of SB 229. Like SJR 15, this bill had some troubling history behind it. In 2011, the Legislature agreed to SB 271, a bill meant to tear apart the regulatory framework protecting Lake Tahoe. And even worse, it was done simply because of juiced up power players' greed and disgusting backroom politics. That's why Governor Sandoval initially threatened to veto SB 229 (and keep 2011's SB 271 on the books). But after California stepped in and threatened to "go it alone" to protect Lake Tahoe, Governor Sandoval soon flip-flopped and embraced SB 229. And all of a sudden, Nevada then decided to keep Tahoe blue after all (yet it remains to be seen just how much blue and green will ultimately remain there).

And there's even more to discuss. But if I keep writing, I won't ever stop. So we'll leave it here for now, and we'll soon pick up where we left off in reliving the most memorable moments of the 77th session of the Nevada Legislature.

One Last Bout of #NVLeg Drama (from @GovSandoval)

So it's over. It's finally over. After a shocking 27th special session, the Nevada Legislature finally adjourned sine die.

Yet with that being said, the drama isn't completely over yet. After all, all these bills now sit at Governor Brian Sandoval's (R) desk.



He's expected to sign his budget. After all, he got over 90% of what he wanted there. We the People will have to wait until next year to change that (but at least we will finally have the opportunity then).

Governor Sandoval is also expected to sign SB 123 (aka NVision) into law very soon. After all, that's also his bill. And ultimately, a final twist from Warren Buffett added to the overwhelming bipartisan momentum pushing NV Energy's plan to ditch coal and invest in renewable energy (and some natural gas) over the finish line

However, there's been more intrigue surrounding other bills. For one, there's SB 374. Governor Sandoval had been playing coy on what he'd do to the bill authorizing medical marijuana dispensaries. But now, various media outlets are reporting he will sign the bill into law. And considering the broad bipartisan backing of this proposal to allow for medical marijuana dispensaries, this isn't too much of a surprise.

And then, there's SB 221. The (background checks) gun safety bill finally passed after a bout of last minute drama. But now, Governor Brian Sandoval continues threatening a veto. Never mind that 86% of Nevadans have supported expanding background checks for gun purchases. Never mind that 72% of Nevadans have specifically said they want SB 221 to become law. And never mind that this bill and this policy can actually save many Nevadans' lives. In the coming hours, he will make the final call on whether the NRA's seal of approval matters more to him than saving Nevadans' lives.

And then, there's the result of the $25,000 27th special session. But of course, Governor Sandoval will sign those bills into law. After all, he approved the $25,000 27th special session just before the @ss crack of dawn just so those bills could finally pass!

So, today may finally be sine die for #NVLeg... But we await one last bout of legislative drama from Governor Sandoval's office. Good times... (Or not.)

Finally, High Times?

Earlier today, we saw plenty of confusion over the messy rejection of SB 374... Until it suddenly wasn't a rejection. It turned out to be a procedural hiccup. And now, it's back on track.

The Democratic majority had delayed the vote in the Assembly until Assemblywoman Peggy Pierce, D-Las Vegas, who is being treated for cancer, was well enough to participate.

The surprise apparent defeat of the measure sent lawmakers scurrying to figure out why the vote went wrong.

It was quickly determined that the original vote was correct, but the board displayed it improperly.

A second vote was taken and the measure passed without issue.

"I've seen how medical marijuana has touched many people's lives," Assemblyman Andy Martin, D-Las Vegas, said. "I urge its passage."

Assemblywoman Michele Fiore, R-Las Vegas, was the lone Republican to back the measure.

SB 374 passed 28-14. As mentioned above, Fiore was the lone Republican to side with all Assembly Democrats to pass the bill. The bill fixes a glitch in current Nevada law that allows overzealous police officers to conduct raids and arrest patients seeking medical marijuana and providers offering the medicine. It sets up dispensaries to safely sell medical marijuana.

Of course, this can't solve the matter of federal marijuana laws. But so far, other states are moving forward with their own respective regimes regardless of the federal definition of cannabis. And even though Nevada voters approved of medical marijuana in 2000, the spirit of that voter approved law will finally be honored and be given the chance to move forward this year.

The bill now heads to Governor Brian Sandoval's (R) desk. He's been playing coy about it so far. But considering the overwhelming support this bill has received in the Legislature and the legal trouble the state will run into if this bill doesn't become law, does he really want to play another silly veto game here?

Last Minute Clusterf--k

Whoops. I can't believe this just happened...

MT @AnjeanetteDamon: @tsegerblom tells me he's unaware of trading involving medical pot. Last minute shenanigans. #nvleg/D on D violence.

Except that it didn't. Assembly Member Lucy Flores (D-North Las Vegas) quickly reminded the Twitterverse...

No #SB374 medical marijuana shenanigans. No votes were procedural. #nvleg

And finally, this happened.

So far: Assembly voted to reconsider pot bill because of glitch and violated Constitution by forgetting to pass Education First. #nvleg

And like that, Ralston's latest drama laced conspiracy theory died. Oh, and the SB 374 medical marijuana dispensary bill was suddenly back on track for easy passage. Yes, today is really turning out to be an insane one in Carson City. And especially considering Assembly Member Peggy Pierce (D-Las Vegas, & she's battling cancer again) managed to return to Carson City today, #NVLeg leaders probably won't want to pull some shady shit on her.

Medical marijuana passes the Assembly with exactly two-thirds -- 28-14 -- with ailing Peggy Pierce there to cast deciding vote. It originally passed but the tally board erroneously said it had failed, so both William Horne and Maggie Carlton quickly changed their votes to be on the prevailing side to ask for reconsideration. Conspiracy theories ensued, Tick Segerblom had a near-heart attack, but all was quickly fixed.

Then, as if to make a comedy show worse, the Assembly then broke the constitutional mandate to pass education first (thanks, Dawn and Jim Gibbons!) by passing the authorization bill first. That, too, had to be rescinded before the Assembly took a break for a few hours. It appears the members need it.

The state Senate has passed the sunrise on the expiring sunsets, allowing those taxes ($633 million worth) to continue. What kills me about this -- still, after all these years -- is that three Republicans who voted for the budget then voted against money to fund it. How do Barbara Cegavske, James Settelmeyer and Don Gustavson justify that intellectual dishonesty? I guess they don't have to as they brag to their constituents that they support education. Sickening.

And speaking of intellectual dishonesty, the speeches to pass Washoe schools bill in the Senate were something else. This has gone from a mandate to enabling purely because of Gov. Brian Sandoval's tax pledge and legislative timorousness. Either the schools need more money or they don't. I love hearing about how this is a "local problem," too. As if they don't deal with "local problems" when they fund education every session. Instead, they are voting to enable a GOP-dominated board to raise taxes and imposing a supermajority requirement. Since when does a County Commission get charged with school responsibilites? How do they say this stuff with straight faces? It passed, 16-4.

So what now? Senator Kelvin Atkinson (D-North Las Vegas) and Assembly Member Michele Fiore (R-Las Vegas) just embraced each other. Who would have expected this in February?

.@katkinson702 greets @VoteFiore in hallway w/hug and says, "First gay marriage, now weed!" #crossovervoting #newdayinNevada #nvleg

Soon after, #NVLeg returned to its regularly scheduled program of passing its "Sunset Tax" laden clusterfuck of a Franken-budget.

And now, we can get back to watching #NVLeg searching for loopholes in arcane rules and agreeing to more failed fiscal status quo. Yes, what I said earlier today still stands.

SB 374 Passes Senate Overwhelmingly

In March, several Nevada legislators took a field trip to Arizona to study the implementation of that state's medical marijuana law. Last month, Senator Tick Segerblom's (D-Las Vegas) bill to authorize medical marijuana dispensaries, SB 374, passed the Senate Judiciary Committee. And tonight, the full Senate finally passed the bill.

Backers said the measure, approved 17-4, establishes procedures to comply with a constitutional amendment approved by the voters in 2000 that allows the use of medical marijuana.

The bill would allow 40 clinics in the Las Vegas area, 20 in Reno, two in Carson City and one in each of Nevada’s remaining rural counties.

Sen. Mark Hutchinson, R-Las Vegas, said law enforcement was “comfortable” with the bill, which now goes to the Assembly. He noted that courts are dismissing cases in which businesses have been accused of illegally dispensing the drug.

The state Board of Pharmacy will regulate the dispensaries.

Only Senators Barbara Cegavske (R-Spring Valley), Don Gustavson (R-Sparks), James Settlemeyer (R-Minden), and Joe Hardy (R-Boulder City) voted against SB 374. All other Senators, including all top Senate Republicans, voted for the bill. The bill now moves to the Assembly with only five days left in the session.

Yet since this bill attracted such strong bipartisan support, it's hard to imagine this bill will run into all that much trouble in the Assembly in the final days of #NVLeg 2013. In addition, Governor Brian Sandoval (R) has been hinting at signing this bill into law. So do we have a done deal?

Perhaps so. After all, the state stands to collect $20,000 dispensary license fees and $5,000 renewal fees. And the state has been facing a law suit filed by the ACLU challenging current (convoluted) medical marijuana regulations.

So in the end, this is just making sense. Finally, Nevada's marijuana policy is about to get a healthy injection of common sense.

High Times: SB 374 Passes Committee, Moves to Full Senate

Last month, a road trip to Arizona, a bunch of crude jokes, and sensational media coverage helped bring attention to the serious issue of medical marijuana. Oh yes, and it also helped that the ACLU filed a law suit against the state over Nevada's convoluted marijuana laws. While Nevada voters approved the use of medical marijuana in 2000, subsequent efforts to clarify the law only resulted in more confusion... And more police arrests of patients trying to access the medicine they need.

This is why Senator Tick Segerblom (D-Las Vegas) introduced SB 374 this session. And this may be why SB 374 received its first signal of approval today in the Nevada Legislature.

Sen. Mark Hutchinson, R-Las Vegas, said the initial fee for licensing a clinic will be $20,000 with an annual renewal of $5,000. The fees would give the state Health Division money to regulate dispensaries, and any excess would go to aid to public schools, he said.

The Senate Judiciary Committee today endorsed the bill, which would permit 40 dispensaries in Clark County and fewer in other counties.

Under the bill a lottery will be set up if applications exceed the limit. Nevada companies would receive preference.

Hutchinson said Senate Bill 374 establishes a system of “tight controls” to track the marijuana from seed to sale.

Sen. Greg Brower, R-Reno, said there was a “disconnect” between the federal law that prohibits the sale of marijuana and the proposed state law. But he called allowing dispensaries the “next logical step” in carrying out Nevada’s constitutional amendment to allow medical marijuana.

Committee Chairman Sen. Tick Segerblom, sponsor of the bill, said he has seen press reports that the governor would be open to considering the measure, which now goes to the full Senate.

Ultimately, it was amended. The license fee was raised from $5,000 to $20,000. And for-profit companies will be allowed to run dispensaries. (The original language only allowed for non-profit organizations to run dispensaries.)

But at least now, SB 374 has cleared its first hurdle. And not only that, but it did so with flying colors. SB 374 passed unanimously in the Senate Judiciary Committee. It now moves onto the full Senate.

And from there, its prospects are actually quite bright. So far, we've yet to see major signs of resistance in the Assembly. And even Governor Brian Sandoval (R) has signaled willingness to sign this into law.

So can Nevada finally fix this messy and embarrassing medical marijuana problem? We shall see. But so far, it's looking like high times.

High Time... to Act on Medical Marijuana?

On Friday, something amazing happened. Nevada legislators actually toured a medical marijuana dispensary. And they toured one in Arizona! Why?

Arizona is still early in the process of opening dispensaries. Sen. Tick Segerblom [D-Las Vegas] of Nevada said there are concerns in Nevada that opening dispensaries there could open room for abuse, especially by minors.

“I figure that if Arizona can do it — the most conservative state in the country — there’s no reason that Nevada can’t do it,” Segerblom said.

Four Nevada senators and an assembly member visited Arizona Organix on Friday, then traveled to the state Capitol to meet with Arizona legislators.

Bill Myer, an owner and director at Arizona Organix, called the visit “fantastic.” He showed visitors cultivation facilities and varied security measures.

“They were taking notes fast and furiously,” Myer said.

As we discussed on Friday, Segerblom introduced SB 374 to address this legal contradiction. Under the Nevada Constitution, patients are allowed to use medical marijuana... But there's currently no way to legally obtain it other than growing it oneself. And not everyone can operate a marijuana farm. And even those who grow their own marijuana face challenges because there's an arbitrary one ounce limit and no legal way to access seeds.

And now, there's another reason why legislators will need to take on SB 374 and this overall issue. Also on Friday, the ACLU filed suit against the state.

In a brief filed Friday with the Nevada Supreme Court, the ACLU says the law makes criminals of people “who make reasonable efforts” to obtain medical marijuana. While medical marijuana is legal in Nevada, it cannot legally be purchased. [...]

The ACLU brief supports the decision of Clark County District Court Judge Donald Mosley, who ruled the Nevada law invalid in the case of two men indicted in connection with the operation of a nonprofit co-op to dispense the drug.

“There is no practical way to obtain medical marijuana in the state of Nevada,” said Katrina M. Ross, staff attorney for the ACLU in Las Vegas. She noted that in 1998 voters approved a constitutional amendment to allow a person, upon the advice of a physician, to obtain medical marijuana for use in a variety of illnesses, such as cancer, glaucoma, HIV and multiple sclerosis.

The brief says the two men indicted by a Clark County grand jury “were prosecuted for behavior that is constitutionally protected.”

After Mosley dismissed the indictment, the Clark County District Attorney’s Office appealed to the Nevada Supreme Court, which has not yet set a hearing date.

I had a feeling this was coming. It was likely inevitable. Again, the problem lies in the contradiction in Nevada law. While patients have the right to medical marijuana treatment under the Nevada Constitution, the Clark County DA's office and other prosecutors are using the lack of clarity on how to access that treatment to actually prosecute patients seeking treatment and retailers providing that treatment.

Last year, two Clark County judges issued contradictory rulings while Metro & the DA's office ordered raids into medical marijuana providers. Again, this is supposed to be legal medicine under the Nevada Constitution! Yet instead, patients & providers live in fear of police raids, arrests, prosecutions, and costly law suits. Something must change.

And that's why #NVLeg can no longer ignore this issue. In the past, it was dismissed as a simple laughing matter. Even last week, some legislators were joking about "joint committee", "natural resources committee", and "high court". Yet while those legislators were joking and snickering, real people were likely being harassed by police and the DA's office over what's supposed to be legal medicine.

So something must change. Perhaps this convergence of issues & stories will finally force the Nevada Legislature to act. That, after all, seems to be par for the course in Carson City.

High Times?

We've been waiting a long time for this. In 1998 and 2000, Nevada voters strongly approved the medicinal use of marijuana. Yet last year, a judge invalidated the law. Why? Patients are supposed to enjoy legal use of medical marijuana, yet there's currently no legal way to access it.

Enter Senator Tick Segerblom (D-Las Vegas) and SB 374. He's even organizing a field trip to examine how a proper legal medical marijuana system works.

“We’re going to hear lots of reasons why we can’t do it (or) we shouldn’t do it, but to me, if Arizona, which is the most conservative state in the country, can do it, then Nevada can do it,” Segerblom said. “It’s not a junket. It’s not taxpayer money, but it is a legitimate working trip to see it in person.”

Traveling with Segerblom will be senators Mark Hutchison, R-Las Vegas; Scott Hammond, R-Las Vegas; David Parks, D-Las Vegas; Ruben Kihuen, D-Las Vegas; and Assemblywoman Michelle Fiore, R-Las Vegas. The lawmakers are paying their own way; Segerblom’s campaign is paying for the bus. [...]

The state constitution makes it clear that the Legislature “shall” provide for use of medical marijuana, but Nevada law makes it difficult for patients to actually obtain the drug after they’ve paid application fees and received a card from the state’s health department, said Steve Yeager with the Clark County Public Defender’s Office.

“They are placed into a Catch-22 type situation because of the way the law is written,” he said. “That is, they have legal, state-recognized access to medical marijuana but no practical way to obtain it.”

Segerblom’s bill, Assembly Bill 374, would allow for the establishment and regulation of nonprofit medical marijuana dispensaries for about 3,600 Nevadans with active medical marijuana cards.

Now, patients or their caregivers basically have to grow their own plants, which Yeager equates to a doctor ordering patients in pain to go home and manufacture their own pills without the convenience of a pharmacy.

In a bitterly contested ballot box battle, Prop 203 narrowly won in November 2010 in Arizona. It not only legalized medical marijuana in the state, but it also set up a dispensary system so that patients can safely and legally access the medicine they need. And so far, it seems to be working. And yes, it's working in Arizona.

And of course, it's working in California. That's where the medical marijuana movement began, as Prop 215 was the first successful (statewide) medical marijuana ballot initiative in 1996. But because it didn't set up a complete set of regulations, the California Legislature had to revisit the topic and pass SB 420. While some jurisdictions initially resisted the new patient ID card and legal dispensary system, it's now being implemented statewide. And as a result, there are far fewer medical marijuana related arrests.

This should be a no-brainer here in Nevada. Despite our state's supposed "live and let live" attitude, medical marijuana patients and providers are still being arrested and prosecuted for something that's supposed to be legal in this state! Something must change.

Of course, there's another option available for Nevada to take. Assembly Member Joe Hogan (D-Las Vegas) has introduced AB 402 to legalize and tax any use of marijuana. Last November, Colorado's Amendment 64 and (the State of) Washington's I-502 made history in that these were the first successful statewide initiatives to fully legalize marijuana use. As a result, Colorado and Washington will soon be collecting "marijuana tax", implementing safety regulations, and creating a comprehensive system for safe and legal distribution.

Why can't Nevada do that? Again, we're supposed to have this "storied libertarian history". But again, we've instead witnessed continued arrests and prosecutions of marijuana cases. They're clogging our criminal courts and costing the state and counties some serious money. Instead of continuing to throw away money on some puritanical ideal that will never be realized, why not just legalize, tax, and regulate marijuana like we already do for alcohol and tobacco?

State legislators continue to pursue tax reform and ways to raise revenue to better fund our public infrastructure. One solution may be here. So why not just fix our currently confusing marijuana laws and start bringing our drug laws into the 21st century?