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420 Magazine Medical Marijuana Grow Disclaimer - NV

sLiCe

New Member
420Magazine.com Grow Forums are for Medical Marijuana Patients and growers who live in a city, state or country where cultivating Cannabis is legal. All postings must be in compliance with the Nevada Question 9.

You must be 18-21 years of age (depending on yours state laws) or older to enter, read or join 420Magazine.com. We at 420Magazine.com strongly suggest researching the laws on Cannabis growing in your city/state (find info here Marijuana Policy Project). We at 420Magazine.com do not condone any commercial growing or distribution.

Any advice shown, in any thread here, by any moderator or member, is for the use of anybody who is in a state/country where Marijuana is legal and/or under the medicinal laws where marijuana is legal.
 

68camaro

New Member
nevadas cannabis law makes no sense. none! hows a person supposed to get their meds when they are so ill or stricken with pain. one answer. you wont! you still have to pay for the privilage i guess! havent figured it out. no other drug did i have to pay the state for the privilage to utilize.
whats goin on. cannabis has worked and worked so others can even see the changes, yet no help! i seriously doubt anyone really cares!
 

gairbud

New Member
NEVADA MEDICAL MARIJUANA CARD
Under NRS 453A, only a person with a qualifying debilitating medical condition who has applied for
the Medical Marijuana program and obtained a valid Nevada Medical Marijuana Program card is
exempted from criminal laws of the state for engaging in the medical use of marijuana.
Medical marijuana patients must also obtain a medical marijuana recommendation from a physician licensed in the state of Nevada.

HOW TO OBTAIN A MEDICAL MARIJUANA CARD IN NEVADA
In order to obtain a medical marijuana card in Nevada,
you must first obtain an application form for the Medical Marijuana Program from the Nevada Department of Health and Human Services,
Nevada State Health Division. If you are interested in receiving the application form, then please send a written request,
along with a check or money order in the amount of $50 made payable to the Nevada State Health Division. Mail your request to:
Nevada State Health Division, Medical Marijuana Program
4150 Technology Way
Suite 104
Carson City, Nevada 89706
Contact Information
Phone: (775) 687-7594
Fax: (775) 684-4156

***NOTE: All application requests and changes to existing patient/caregiver records must be submitted in writing through the US Postal Service, UPS.
or FEDEX only. Walk-in service is NOT available.***
2. Your written request should include:
The address where the application should be mailed
If you have a caregiver, include a request for a caregiver packet
If you are requesting an application for someone other than yourself, include that person’s name and address
If you are requesting an application for a minor, include a request for a minor release
You will NOT be able to obtain a Nevada Medical Marijuana Card if you hold a Commercial Driver's License.
3. Follow the instructions on the application form. Once you are approved, the DMV will issue you a medical marijuana card.


Gather all necessary medical records to bring to your appointment*
*REQUIRED
If you do not have medical records, then we can help you establish the necessary medical history (NOTE: other fees may apply)
Medical Marijuana in Las Vegas, Nevada
Although marijuana remains illegal throughout the United States, in 2001 the state instituted the Nevada Medical Marijuana Program (NMMP), whereby ill Nevada residents may apply to use marijuana for medical purposes. Currently, about five hundred and fifty Nevadans benefit from the NMMP. This page is a comprehensive source of information about medical marijuana law in Clark County, Nevada and the NMMP.
If you are in need of criminal defense legal representation here in Las Vegas, contact our Las Vegas Criminal Defense Lawyers at 702-DEFENSE (702-333-3673) to schedule a free consultation.
1) How does the Nevada Medical Marijuana Program work? If your physician determines that you suffer from one of the diseases protected under the Nevada Medical Marijuana Program, you may apply to the Nevada State Health Division to register with the program. If the Nevada State Health Division approves your application and you pay the registration fees, the Nevada Department of Motor Vehicles will issue you a Registry Identification Card. A Registry Identification Card is good for one year, and it allows you to possess up to an ounce of marijuana.The process of applying for a Registry Identification Card and the strict rules you must abide by for possessing medical marijuana are discussed in detail in the following questions.
2) Can state or local police arrest me for using medical marijuana in Las Vegas, Nevada? Once the Nevada State Health Division admits you into the Nevada Medical Marijuana Program, and as long as you abide by their strict guidelines (discussed in later questions), then neither you nor your caregiver can be prosecuted in Nevada for marijuana possession, cultivation, trafficking, possession of paraphernalia, or aiding and abetting with the possession and production of marijuana. However, if you or your caregiver ever strays from these guidelines, then you may be prosecuted for possession and related crimes. (NRS 453A.200)
Furthermore, being admitted into the Nevada Medical Marijuana Program doesn't diminish your responsibility to follow public health and safety laws: You may never sail, fly or drive under the influence of medical marijuana, you may never possess a firearm in public under the influence of medical marijuana; and you may not even go on an amusement park ride if you're under the influence of medical marijuana. (NRS 484.379, 488.400, NRS 493.130, NRS 202.257, NRS 455B.080)
3) Can federal authorities arrest me for using medical marijuana in Las Vegas, Nevada?
Yes, but chances are the feds will not come after you. Although the federal government still fails to recognize the legality of medical marijuana programs and may therefore arrest you for possessing medical marijuana in Nevada, no cardholding member of the Nevada Medical Marijuana Program has been arrested yet!
Currently, the Drug Enforcement Administration is focusing its efforts on large-scale drug traffickers, not individuals and their caregivers licensed by their state to use medical marijuana. So as long as the state of Nevada has granted you the right to use medical marijuana, you probably won't face federal prosecution.
4) How do I apply to use medical marijuana in Las Vegas, Nevada? If your physician recommends that you apply to the Nevada Medical Marijuana Program, send a written request to the Nevada State Health Division along with a check or money order for fifty dollars ($50) made payable to the Nevada State Health Division. The mailing address for the Nevada State Health Division is:
Nevada State Health Division
4150 Technology Way, Suite 104
Carson City, Nevada 89706
The written request should include:
Your address (or the address where you want the application mailed to).
If you have a caregiver, ask for a "caregiver packet."
If you are requesting an application for another person, include that person's name and address.
If you are requesting an application for a minor (under age eighteen (18)), ask for a "minor release" form.
Note that people who hold a Commercial Drivers License from any state may not obtain a Nevada Medical Marijuana Card.
You must pay the fifty dollars in a one-time payment-the Nevada State Health Division does not accept installment payments. You may not pay with a credit card, either. If you wish to pay the fifty dollars in cash, you must do so in person at the William Street address in Carson City.
Once you receive your application in the mail, you and your physician must follow the instructions very carefully. If you don't have a caregiver, write "none" in the space provided.
If you are physically or mentally unable to fill out the application yourself, you may have another person sign for you as long as that person identifies him/herself as your proxy right next to his/her signature on your application and also provides documents proving guardianship or power of attorney.
After you complete the application, be sure to make a copy for your own records. Once you mail back your completed application, you can expect to hear within thirty (30) days whether you've been approved or denied. If you are approved, arrangements will be made to give you a Registry Identification Card, which looks like a drivers license and is your proof of membership in the Nevada Medical Marijuana Program.
Nevada Patient holding Registry Identification Card
It is strongly suggested you consult with a Nevada criminal defense attorney to help fill out your application and to discuss your rights. You can call the Nevada State Health Division at (775) 687-7594 for general questions about the application process. Also check out the Nevada Department of Health and Human Services' flowchart illustrating the Medical Marijuana application process. (NAC 453A.100)
5) Do I need a physician to apply to the Nevada Medical Marijuana Program. If so, can the program recommend one to me? Yes, you need a physician licensed in the state of Nevada to recommend you for the Nevada Medical Marijuana Program and to sign off on your application. The Nevada State Health Division does not make any medical assessments with regard to your application: Only your physician makes the determination whether you suffer from a disease protected under the Nevada Medical Marijuana Program.
And no, you need to find the doctor on your own since the Nevada State Health Division won't refer you to one. Any Doctor of Medicine (MD) or Doctor of Osteopathy (DO) licensed in Nevada will do.
(You can find a doctor in the Las Vegas Yellow Pages. You can also consult the Las Vegas office of The Hemp and Cannabis Foundation at (702) 202-0249. )
6) What medical conditions qualify me for the Nevada Medical Marijuana Program? As long as you follow the application procedure for the Nevada Medical Marijuana Program (explained above in question 4), you will almost definitely be granted membership if your physician found that you suffer from one or more of the following medical conditions:
AIDS ,Cancer ,Glaucoma ,Multiple Sclerosis ,Epilepsy or any condition that causes muscle spasms, seizures, severe nausea, severe pain, or cachexia (disease-caused weight loss and malnutrition).
If your medical condition is not listed above but you believe it deserves protection under the Nevada Medical Marijuana Program, you may petition Nevada's Department of Health and Human Services by filling out and sending them this form. (The form contains the address to mail it to.) (NRS 453A.050)
7) May I have a caregiver to help administer my medical marijuana in Las Vegas, Nevada? Yes. Each member of the Nevada Medical Marijuana Program can designate one (1) and only one primary caregiver to help administer the medical marijuana.
8) Who can qualify as my designated primary caregiver for the Nevada Medical Marijuana Program? Your designated primary caregiver can be anybody over the age of eighteen (18) and approved by your physician. However, the designated primary caregiver cannot also be a medical marijuana user. And the designated primary caregiver may have only one (1) medical marijuana patient. (NRS 453A.080, NAC 453A.150)
9) What if I don't have the money to apply to the Nevada Medical Marijuana Program? Unfortunately, the Nevada State Health Division won't waive your application fee if you can't afford it, and most health insurance companies won't cover it. You also cannot use your credit card to pay for your application.
However, currently the Marijuana Policy Project helps low-income patients pay for all costs relating to their states' medical marijuana programs. Click here to learn how to apply for financial assistance.
10) May I use medical marijuana in Las Vegas, Nevada, while I'm waiting to hear whether my application to the Nevada Medical Marijuana Program has been approved? Once the Nevada State Health Division receives your application and determines it's complete, you will receive a temporary approval letter good for thirty (30) days. The letter allows you to possess medical marijuana in compliance with the program's guidelines pending final approval. If law enforcement questions your right to possess the marijuana, present them with a copy of your application and temporary approval letter. (NRS 453A.210)
11) If I'm approved for the Nevada Medical Marijuana Program, is it good for life? No. If you are accepted into the Nevada Medical Marijuana Program, your membership lasts only one (1) year. If you think you'll still require medical marijuana for longer than a year, you should reapply before the year is up. You go through the same application procedure as before, except that you don't need to resubmit fingerprints. (NAC 453A.130)
12) Why would my application to the Nevada Medical Marijuana Program be denied? The most common grounds for the Nevada State Health Division to deny you membership into the Nevada Medical Marijuana Program are the following:
Providing false or incomplete information on your application
Not providing proof of your qualifying medical condition
Not providing proof that you've consulted with your physician about using medical marijuana
If the physician backing your application is not licensed or not in good standing
If you are under eighteen (18) years old and your parent or guardian did not sign the required statement for your application
If you or your designated primary caregiver has ever been convicted of selling drugs
If you or your designated primary caregiver has ever possessed drugs in jail or delivered drugs to someone in jail
If you've failed to follow any other regulations mandated by the Nevada Department of Health and Human Services
If the Nevada State Health Division has ever previously prohibited you from ever obtaining a Registry Identification Card.
13) If my application to the Nevada Medical Marijuana Program is denied, may I reapply? If your application to Nevada's Medical Marijuana Program is denied, you may reapply after six (6) months have passed since the date you were denied. But if your application was denied solely because it was incomplete, you may reapply right away. (NRS 453A.210) If you are accepted into the Nevada Medical Marijuana Program but your membership is revoked, then you may not reapply for another twelve (12) months. (NRS 453A.225) To increase your chances of being approved for medical marijuana, strongly consider retaining a Nevada criminal defense attorney to help you with your application.
14) If I'm accepted into the Nevada Medical Marijuana Program, what are my costs? If you're accepted into the Nevada Medical Marijuana Program, the cost to register is $150.00. They will also instruct you how to get fingerprinted, which may cost up to $20. (You may find fingerprinting locations here.) Finally, you will have to pay the Nevada Department of Motor Vehicles for your Registry Identification Card, which may cost up to $22. Currently, the Marijuana Policy Project aids low-income patients in paying for all these costs. Click here to learn how to apply for financial assistance.
15) If I'm accepted into the Nevada Medical Marijuana Program, how do I obtain medical marijuana? Can I get a prescription? Gaining membership into the Nevada Medical Marijuana Program is a lot more straightforward than gaining access to the medical marijuana itself. Strangely, even though the Nevada State Health Division can approve your use of medical marijuana, they may not tell you how to get any. And since marijuana is still considered illegal in the United States, no physician can prescribe it to you (even the physician who recommended that you take it in the first place), nor can any pharmacist fill a prescription for you.
If you're registered with the Nevada Medical Marijuana Program, consult with a criminal defense attorney to learn your options about how to obtain medical marijuana. Many cardholders obtain marijuana from patient support groups. Although it is illegal to sell marijuana in the United States, you might be able to purchase marijuana from retailers located in countries where selling marijuana is legal. You should definitely consult the Las Vegas office of The Hemp and Cannabis Foundation at (702) 202-0249. They are located at 10161 Park Run Dr. #150, Las Vegas, NV 89145.

16) How much marijuana does Nevada's Medical Marijuana Program entitle me to possess? If you are accepted into the Nevada Medical Marijuana Program, you and your designated primary caregiver (if you have one) may possess up to one ounce (1 oz.) of usable marijuana total--you cannot each possess an ounce of marijuana. (NRS 453A.200) Usable marijuana usually refers to seeds, dried leaves and buds, or any kind that's immediately ready to be smoked. Usable marijuana does not include the stalks and roots of the plant. (NRS 453A.160)
In addition to the ounce of usable marijuana, you and your caregiver may together possess up to three (3) mature marijuana plants and up to four (4) immature marijuana plants. (NRS 453A.200) Mature marijuana plants are blooming, whereby its flowers or buds may be seen without visual aid. Immature marijuana plants are not yet blooming. (NAC 453A.080)
17) Does the Nevada Medical Marijuana Program entitle me to grow marijuana in Las Vegas, Nevada? And if so, how much? Yes. As explained in the previous question, if you are accepted into the Nevada Medical Marijuana Program, you and your designated primary caregiver may possess up to three (3) mature marijuana plants and four (4) immature marijuana plants total.
Mature marijuana plants are blooming, whereby its flowers or buds may be seen without visual aid. Immature marijuana plants are not yet blooming.
18) If I apply to the Nevada Medical Marijuana Program, does my information remain private? Yes. The Nevada State Health Division maintains the confidentiality of all applicants to the Nevada Medical Marijuana Program, including the identity of the medical marijuana user, the user's designated primary caregiver, and the user's physician.
However, if state or local law enforcement ever questions your lawfulness in possessing medical marijuana, the Department of Health and Human Services may release your information to them to verify whether you're registered with the Nevada Medical Marijuana Program.
19) What changes in my life do I have to notify the Nevada State Health Division about once I'm registered with the Nevada Medical Marijuana Program? If you are a patient registered with the Nevada Medical Marijuana Program, it is your responsibility to report the following changes to the Nevada State Health Division within seven (7) days of the change:
your change of address or phone number
your change in medical status
if you've received new criminal convictions
if you've changed your designated primary caregiver, or if you no longer have a caregiver
If you are a designated primary caregiver registered with the Nevada Medical Marijuana Program, it is your responsibility to report the following changes to the Nevada State Health Division within seven (7) days of the change:
your change of address or phone number
your patient's change in medical status
if you've received new criminal convictions
if your patient dies
if you are no longer the patient's designated primary caregiver
You may mail in the changes, fax in the changes, or bring the changes in person to:
The Nevada State Health Division
4150 Technology Way, Suite 104
Carson City, Nevada 89706
Fax: (775) 687-7595
The office's hours of operation are Monday through Friday, 8:00 a.m. to 5:00 p.m. Once the Nevada State Health Division receives your changes, they will mail you a written confirmation. If you've changed caregivers, then you must return the old caregiver card within seven (7) days of this confirmation. If you do not inform the Nevada State Health Division of these changes, you may face civil and criminal penalties, and you may be disqualified from the Nevada Medical Marijuana Program. If you have further questions, you can call the Nevada State Health Division at (775) 687-7594.
20) May minors apply to the Nevada Medical Marijuana Program? Yes. Minors under eighteen (18) suffering from the chronic or debilitating diseases listed in question 6 are just as eligible for a Registry Identification Card as are adults suffering from the same ailments. The only difference is that the minor's custodial parent or guardian must sign a "minor release" form in his/her application, and that custodial parent or guardian must act as the minor's designated primary caregiver. Instructions for obtaining an application for Nevada's Medical Marijuana Program as well as a "minor release" form are explained in question 4.
21) Does Nevada recognize non-resident medical marijuana users? No. If you don't live in Nevada but your home state has approved your use of medical marijuana, Nevada authorities can unfortunately still arrest you for possessing marijuana within the state. However, if you possess the marijuana solely for medical reasons, and if you can show that you'd otherwise qualify for the Nevada Medical Marijuana Program, then that probably will be a valid defense against possession, and your case probably will be dismissed. (NRS 453A.310) If you're a medical marijuana user from another state, consult with a criminal defense attorney in Nevada to learn your rights and options.
22) Do other states recognize medical marijuana users from Nevada? No, with the exception of Montana and Rhode Island. If you are a cardholding member of the Nevada Medical Marijuana Program, whether you may bring marijuana to another state or possess it in another state depends on that state's laws. At this time, only Montana and Rhode Island recognizes cardholding medical marijuana users from other states. Consult with a criminal defense attorney in the state to which you're traveling to learn your legal rights.
23) Are all my caregivers protected from prosecution if I'm accepted into the Nevada Medical Marijuana Program? No. You may designate only one (1) primary caregiver in your application for the Nevada Medical Marijuana Program, and this caregiver is the only other person besides yourself who may produce and possess the medical marijuana. (When you request an application to the Nevada Medical Marijuana Program, be sure to ask for a "caregiver packet," as explained in question 4.)
24) May one person serve as a caregiver to more than one medical marijuana users in Clark County, Nevada? No. In the same way that a medical marijuana cardholder may designate only one primary caregiver to produce or possess medical marijuana, a caregiver may not take on medical marijuana duties for more than one patient at a time.
25) May a designated primary caregiver get paid for administering medical marijuana in Nevada? No. A caregiver may not charge money or any other form of payment for the service of producing or possessing medical marijuana. If the caregiver does charge, then he/she can be charged with the Nevada crime of marijuana sales. (NRS 453A.300)
26) Should I tell my employer if I'm registered with the Nevada Medical Marijuana Program? [I recomend NO] You should consult an attorney to advise whether you should inform your employer if you're registered with the Nevada Medical Marijuana Program. If you wish to have the Nevada State Health Division inform your employer on your behalf, you can contact them in writing at:
The Nevada State Health Division
4150 Technology Way, Suite 104
Carson City, Nevada 89706
Fax: (775) 687-7595
27) Are Nevada employers required to accommodate the medical use of marijuana in the workplace? No. Unfortunately, employers in Nevada are not lawfully required to make medical marijuana accommodations for employees.
28) If I'm renting my home or live in subsidized housing in Las Vegas, Nevada, do I have to tell my landlord that I'm in the Nevada Medical Marijuana Program? There's no law requiring you to inform your landlord if you're a legal medical marijuana user. However, since marijuana is an illegal drug, your landlord may try to evict you if you're found out. Consult with a criminal defense attorney to discuss your rights and protections.
29) Does my medical insurance cover medical marijuana in Las Vegas, Nevada? Probably not. But check with your individual insurance company to make sure. Since marijuana is still considered an illegal drug in the United States, unfortunately medical insurers are not lawfully required to pay or reimburse you for any costs associated with medical marijuana.
30) Are doctors who recommend the Nevada Medical Marijuana Program to their patients protected from disciplinary action in Clark County, Nevada? Yes. The Nevada Board of Medical Examiners cannot take disciplinary action against a physician merely for advising a patient about medical marijuana.
31) May I share my medical marijuana with other cardholders in the Nevada Medical Marijuana Program? Yes. If you are registered with the Nevada Medical Marijuana Program, you may share your medical marijuana with other cardholding members of the Nevada Medical Marijuana program as long as no money or other payment is exchanged for it. If you do sell marijuana to other cardholders for money, you can be arrested for the Nevada crime of marijuana sales. (NRS 453A.300)
32) What if authorities catch me or my designated primary caregiver in possession of medical marijuana and we're not carrying our Registry Identification Cards? If you or your designated primary caregiver are found in possession of marijuana but are not carrying your Registry Identification Cards, you might be arrested. However, the case should be dismissed as long as you can show that you're registered with the Nevada Medical Marijuana Program and you are otherwise in compliance with the law.
33) Can I get in trouble for being near someone who is legally using medical marijuana? No. You can't be prosecuted for constructive possession, conspiracy or related criminal offenses merely for being in the vicinity of a cardholding medical marijuana user. But be careful. If you are at a location where the Las Vegas police seize marijuana or other drugs, they could mistakenly allege that these items belong to you.
34) May I smoke medical marijuana in public if I'm registered with the Nevada Medical Marijuana Program? No. If you are registered with the Nevada Medical Marijuana Program, you may not possess or use your medical marijuana in a public space or in public view. (NRS 453A.300)
35) May I sell my medical marijuana to others if I'm registered with the Nevada Medical Marijuana Program? No. If you are registered with the Nevada Medical Marijuana Program, you may not sell your medical marijuana to anyone. You may not sell it to other members of the Nevada Medical Marijuana Program either. If you do, you can be arrested for the Nevada crime of marijuana sales. (NRS 453A.300)
36) What should I do if I lose my Registry Identification Card? If you're registered with the Nevada Medical Marijuana Program and you lose your Registry Identification Card, call the Nevada State Health Division at (775) 687-7594 right away.
37) How can I withdraw from the Nevada Medical Marijuana Program? If you're registered with the Nevada Medical Marijuana Program and wish to withdraw, you must mail the Nevada State Health Division the following items:
a letter informing them of your wish to withdraw
your Registry Identification Card
if you have a designated primary caregiver, his/her Registry Identification Card
Use the following mailing address:
The Nevada State Health Division
4150 Technology Way, Suite 104
Carson City, Nevada 89706
Once the Nevada State Health Division receives your letter, they will write back a confirmation that you're no longer registered with the program. It is your responsibility to inform your designated primary caregiver that you're withdrawing. If you are not on good terms with your designated primary caregiver, you can ask the Nevada State Health Division to write them a letter asking they return their card.
After you withdraw from the Nevada Medical Marijuana Program, you can always reapply.

38) What other states have medical marijuana programs? Other states that have medical marijuana programs (which may be very different than Nevada's) are: Alaska, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, New Mexico, Oregon, Rhode Island, Vermont and Washington. If you are in need of criminal defense legal representation here in Las Vegas, contact our Las Vegas Criminal Defense Attorneys at 702-DEFENSE (702-333-3673) to schedule a free consultation. To learn about California medical marijuana laws, go to our information page on California medical marijuana laws & The Compassionate Use Act of 1996. For more information see our articles on marijuana possession, cultivation, trafficking, possession of paraphernalia, drive under the influence of medical marijuana, firearm, possession, and conspiracy.
 
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