Posted On: April 14, 2009 by Shouse Law Group

Nevada Medical Marijuana Program

If Senate Bill 262 passes in the Nevada legislature, then anyone found growing more than seven marijuana plants, even if they’re members of the Nevada Medical Marijuana Program, can be charged with possession for marijuana for the purpose of sale. An unfortunate consequence of this bill is that many sick, otherwise innocent Nevadans who grow extra marijuana purely for medicinal purposes will be judged just as harshly as profit-minded drug lords.

Under current Las Vegas medical marijuana laws, ailing residents who have been accepted into Nevada’s Medical Marijuana Program may grow up to seven marijuana plants (as long as only three of the plants are blooming at a time). If they grow more than seven plants, they may be found guilty of possession, which can carry a one-to-four year prison sentence with a fine of up to $5,000. But Senate Bill 262 would saddle these same patients with “intent to sell” as well, and depending on the number of extra plants they’re growing, patients could land up to fifteen years in a Nevada state prison and a $100,000 fine.

Medical marijuana users already ride the edges of the law: Even though Nevada welcomes patients to apply for a license to grow and possess medical marijuana in Nevada, federal law still fails to recognize medical marijuana, so these patients always run the risk of being arrested by federal authorities. Senate Bill 262 would make using medical marijuana even riskier. Sadly, for many terminal patients in debilitating pain, the threat of criminal prosecution pales in comparison to the relief that medical marijuana promises.

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