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SB 374 Will prevent Nevadans from growing their own!

HUGE

HUGE

Active member
Veteran
Hydrosun said:
Them was Nevada voters who TWICE used the word cannabis and plant to amend the constitution. This bill as proposed is UNCONSTITUTIONAL and as such INVALID.

Time to think about who should file the constitutional challenge with the NV Supreme Court.

:joint:
Click to expand...

Bingo.
 
A

Anteah

Member
Does anyone have a lawyer to consult with on this one? I'd love for thing to be just that simple, but something tells me they can argue that providing the dispensaries which SELL the "plant" will give the patients plenty of access to it, for the purpose for which it is to be used for medical reasons.
 
HUGE

HUGE

Active member
Veteran
No no lawyer.. but I don't think the disps will be selling the "plant" as I believe a plant is defined by roots.
 
HUGE

HUGE

Active member
Veteran
The way the law is written the stores will be selling "usable marijuana" while our constitution guarantees acess to the " cannabis plant".
 
trichrider

trichrider

Kiss My Ring
Veteran
*(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.*************

gonna be hard to get around this...
 
trichrider

trichrider

Kiss My Ring
Veteran
Under existing law, the State of Nevada provides immunity from state and local prosecution for possessing, delivering and producing marijuana in certain limited amounts for patients with qualifying medical conditions, and their designated primary caregivers, who apply to and receive from the Health Division of the Department of Health and Human Services a registry identification card. Existing law does not specify the manner in which qualifying patients and their designated primary caregivers are to obtain marijuana. (Chapter 453A of NRS) This bill: (1) states that it is an unlawful act, punishable as a category E felony, to forge, counterfeit or attempt to forge or counterfeit a registry identification card; (2) provides for the registration of medical marijuana establishments, the three types of which are cultivation facilities, facilities for the production of edible marijuana products and medical marijuana dispensaries; (3) provides for the registration of medical marijuana establishment agents; (4) sets forth the crimes and acts which disqualify a person from serving as the owner, officer, board member or agent of such an establishment; (5) enumerates the acts for which a medical marijuana establishment registration certificate and a medical marijuana establishment agent registration card are immediately revocable; (6) establishes that it is a privilege and not a right to hold a medical marijuana establishment registration certificate or a medical marijuana establishment agent registration card; (7) sets forth the maximum fees which may be charged by the Health Division for the initial issuance and renewal of such certificates and cards; (8) sets forth the basic requirements for operating a medical marijuana establishment; and (9) directs the Health Division to adopt necessary regulations. This bill also increases the amounts of usable marijuana and live marijuana plants that a holder of a registry identification card and his or her designated primary caregiver are allowed to possess at any one time, matching the amounts allowed under the laws of the State of Arizona.

https://nelis.leg.state.nv.us/77th2013/App#/77th2013/Bill/Overview/SB374

from tick's webpage...what a splendid name for a politician.
 
A

Anteah

Member
OK, so let's say SB374 is in fact unconstitutional (well the no grow amendment). What is the protocol for making it matter? We have many laws that clash and are confusing besides this one if it passes. Do we wait until someone is busted and then use that as a defense? Or can something be done before hand in a more proactive manner? I've read something about filing a law suit.. how does that work?
 
resinryder

resinryder

Rubbing my glands together
Veteran
Anteah said:
OK, so let's say SB374 is in fact unconstitutional (well the no grow amendment). What is the protocol for making it matter? We have many laws that clash and are confusing besides this one if it passes. Do we wait until someone is busted and then use that as a defense? Or can something be done before hand in a more proactive manner? I've read something about filing a law suit.. how does that work?
Click to expand...


Not a lawyer.
" Do we wait until someone is busted and then use that as a defense?"
That is a classic case of what would happen. It would be the defense the busted persons lawyer would make. This would result in a constitutional challenge to the Nevada Supreme court.

"Or can something be done before hand in a more proactive manner?"

This can also be done. Hire an attorney and proceed towards the Nevada Supreme court to challenge the law/
 
A

Anteah

Member
Dammit.. the last one it tempting but pretty scary at the same time. Also what type of attorney would take such a case? Seems like a David and Goliath kind of predicament.
 
resinryder

resinryder

Rubbing my glands together
Veteran
Just spoke with a secretary for the Senate Finance Committee and asked her when or if SB 374 was scheduled to come up in the Committee and for the public debate period because right now the scheduled meeting/agenda page only goes through Tuesday. . She said since they have 3 weeks left in the session that the bills would be coming in quick and to keep an eye on the meeting/agenda page. Said the bills would be coming in and leaving pretty quickly because of the quick time frame left and the bills would be added possibly with a 1 day notice.
 
resinryder

resinryder

Rubbing my glands together
Veteran
Yeah. the lady told me the "agenda" page showing which bills would be discussed is nornally updated on Fridays for the following week. but not this week. Maybe they will update the page tomorrow for Wednesday
 
A

Anteah

Member
Well, as much as I'd love to go and give them my 2 cents I work 11 hours a day driving my route, so it's not even the kind of job which I could leave unnoticed. Cars don't drive themselves yet.. Upsetting.
 
HUGE

HUGE

Active member
Veteran
As much as I hate tjis new deal. I can't say fire bombing the building would be a good idea.
 
A

Anteah

Member
From what I understand, according to the bill 40 (!!!0 dispensaries are allowed to open in Clark County alone. "Closing down" one will not help anyone as per the same bill if even ONE open in the county you live you can't grow. I understand not everyone lives in Clark county, but, for us if this bill passes we are screwed plain and simple. Either have to stop growing or move to CA.
 
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