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SB 374 Will prevent Nevadans from growing their own!

resinryder

Rubbing my glands together
Veteran
Well. it's 2:30 and the Senate Finance Committee still hasn't posted it's agenda and the bills it will be reviewing for the rest of the week. What up with that?
 
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resinryder

Rubbing my glands together
Veteran
OK. the bill will be heard by the Senate Finance Committee this Thursday. It says the session will begin after the Senate Committee on Health and Human Services adjourns. The scheduled time that meeting starts is 3:30pm. No time given for when it will be over. but this is the public notice that has been given.
 

HUGE

Active member
Veteran
So do I need to drive to reno to voice my concerns? Is there a way to just contact this commitee? How do I go about making a public comment during this public comment period.
 

resinryder

Rubbing my glands together
Veteran
There are 3 options

1-Drive to Room 2134 of the Legislative Building, 401 S. Carson St., Carson City, NV.

2-Videoconferenced to Room 4412E of the Grant Sawyer State Office Building, 555 E. Washington Ave., Las Vegas, NV.

Or you can email your testimony to the Senate Finance Committee. not sure who you call to find out where to send that tho.

You basicially show up at either location, put your name on a list to speak on the bill. when they call your name to come up you do your thing.
 

resinryder

Rubbing my glands together
Veteran
OK here's the deal.
The hearing will allow testimony tomorrow.
The hearing will start AFTER the Committee completes the meeting with Health and Human Services. That meeting starts at 3:30 pm and
Testimony needs to be short and concise. Financial impact to you/patients. If you go into other aspects of the bill the chairman will possibly cut you off just to say that they are there strictly for the finical impact involved.
What I did find out, I spoke to a person that provided me with the most information I have received yet, is that once the Senate Finance Committee completes it's hearing on this bill, it will be passed BACK to the Assembly Judiciary Committee where there will be ANOTHER PUBLIC COMMENT period allow before being passed on for a vote. In this hearing anything in the bill is up for grabs because it's back in the committee that can change the language of the bill.
I told the person that in addition to the the finical impact to patients, that the bill is unconstitutional because it takes away our right under the constitution to possess the plant and that the states defines Marijuana or medical marijuana in several places as the following-

Sec. 17. 1. Except as otherwise provided in this section and section 24 of this act, a person who holds a valid registry identification card issued to him pursuant to section 20 or 23 of this act is exempt from state prosecution for:

(a) Possession, delivery or production of marijuana;tion of the plant is-

NRS 453.096 “Marijuana” defined.

1. “Marijuana” means:

(a) All parts of any plant of the genus Cannabis, whether growing or not;

And-

2001 Statutes of Nevada, Page 3055 (Chapter 592, AB 453)ê-States that--

Sec. 12. “Marijuana” has the meaning ascribed to it in NRS 453.096.

Sec. 13. “Medical use of marijuana” means:

1. The possession, delivery, production or use of marijuana;

2. The possession, delivery or use of paraphernalia used to administer marijuana; or

3. Any combination of the acts described in subsections 1 and 2,

as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his chronic or debilitating medical condition.

Along with---

Sec. 17. 1. Except as otherwise provided in this section and section 24 of this act, a person who holds a valid registry identification card issued to him pursuant to section 20 or 23 of this act is exempt from state prosecution for:

(a) Possession, delivery or production of marijuana;

So the state clearly says we have the right to possess the plant itself.

This person was impressed and told me how to bring this up quickly. Honestly, this person helped more than anyone I've spoken with in weeks up there.
 
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Anteah

Member
Amazing job, Resinryder! Thank you so much for being so involved. I also see exactly why this bill is unconstitutional now. Jesus, what a mess!!
 

Hydrosun

I love my life
Veteran
RR great arguments for the judiciary committee when it gets there in the house.

As for patients the financial impact can be in the tens of thousands of dollars a year if they have to purchase in 1oz increments for hundreds of dollars instead of growing their own. Additionally the TAX is a huge impact on the patient AND unfairly treats cannabis as medicine differently than ANY OTHER regulated medication in the state of Nevada.

:joint:
 

resinryder

Rubbing my glands together
Veteran
Sec. 17. 1. Except as otherwise provided in this section and section 24 of this act, a person who holds a valid registry identification card issued to him pursuant to section 20 or 23 of this act is exempt from state prosecution for:

(a) Possession, delivery or production of marijuana;tion of the plant is


PRODUCTION as defined by NRS 453.131 reads as follows--

NRS 453.131 “Production” defined. “Production” includes the manufacturing of a controlled substance and the planting, cultivation, growing or harvesting of a plant from which a controlled substance is derived.

(Added to NRS by 1971, 2002; A 1991, 1650)
 

MangoCat

Member
Unfortunately the NRS's Nevada Revised Statutes you quote aren't our guaranteed constitutional rights. They are the laws that the legislature passed twelve years ago based on the fact that the State Constitution said they had to make provision for mmj. They can change the laws anytime by voting a two thirds majority. In order to say they're violating our Constitutional Rights, we need to argue something broad like Equal Protection under the Law ( no grow rule ) or drill down on he Nevada Constitution, which sez, in total:

Sec. 38.  Use of plant of genus Cannabis for medical purposes.
1.  The legislature shall provide by law for:
(a) The use by a patient, upon the advice of his physician, of a plant of the genus Cannabis for the treatment or alleviation of cancer, glaucoma, acquired immunodeficiency syndrome; severe, persistent nausea of cachexia resulting from these or other chronic or debilitating medical conditions; epilepsy and other disorders characterized by seizure; multiple sclerosis and other disorders characterized by muscular spasticity; or other conditions approved pursuant to law for such treatment.
(b) Restriction of the medical use of the plant by a minor to require diagnosis and written authorization by a physician, parental consent, and parental control of the acquisition and use of the plant.
(c) Protection of the plant and property related to its use from forfeiture except upon conviction or plea of guilty or nolo contendere for possession or use not authorized by or pursuant to this section.
(d) A registry of patients, and their attendants, who are authorized to use the plant for a medical purpose, to which law enforcement officers may resort to verify a claim of authorization and which is otherwise confidential.
(e) Authorization of appropriate methods for supply of the plant to patients authorized to use it.
2.  This section does not:
(a) Authorize the use or possession of the plant for a purpose other than medical or use for a medical purpose in public.
(b) Require reimbursement by an insurer for medical use of the plant or accommodation of medical use in a place of employment.
[Added in 2000. Proposed by initiative petition and approved and ratified by the people at the 1998 and 2000 general elections.]
 

HUGE

Active member
Veteran
All the leters I sent were exactly where exactly that. I quoted tue constitution. And pointed out that removing the right to cultivate directly violates the constitutionally protected right to access of the cannabis" plant".
 

MangoCat

Member
Excellent! Just trying to stay focused. I hope they at least grandfather in us current mmj patients to continue growing our own. Otherwise I've got a nice new mini split a/c hooked up to a closet for no reason and won't be able to afford dispensary crap after all the overhead is tacked on. I'm not ready to turn my strain selection and growing expertise over to some ahole who's only qualification is that they won a dispensary lottery and had $150k to start a disp. They won't produce my meds with the veganic care and love that I do. They're in it for the money and they want a captive audience. I'm getting more pissed the more I type...
Also:
We need to tell the Senate finance committee about all the new felons they're going to have to house and support when current patients refuse to comply. Over
 

MangoCat

Member
Plus! I think this was mentioned before; but it still grinds me: In the bill itself, at the beginning there is a recap of the bill called the Legislative Counsels Digest:

http://www.leg.state.nv.us/Session/77th2013/Bills/SB/SB374_R1.pdf

They actually state in this summary that they intend to Increase the number of live plants that patients can grow to twelve. So they finally admit we've been under limited from the start. BUT, There is Nothing at all in this summary that says they want to take away our right to grow. It was an undebated amendment which was buried deeply in the bill after discussions were over in the first go around with the Senate Judiciary. Very sneaky how they're going about this. Just like politicians!

Like I said, I think most of this has been mentioned before here and there, so thanks for letting me vent. But to increase our plant limit to twelve and take away our right to grow in the same bill....WTF!
 

resinryder

Rubbing my glands together
Veteran
Ironic that they raise the plant limit to 12 then take the right to grow away a few sections later. Bastards!!


Yeah I know the NRS are nothing more than laws, but the info in them and the terms/definitions used go to the point I was making. Besides, they can change the law but they won't have time to do it this session as it's nearly over giving 2 more years of growing.
 
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