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Initiative Petition, A Marijuana Legalization Initiative
State of Nevada

(Editor's Note: [Strikethrough] is existing statutory language the initiative will remove. Bold Italics is language the initiative will add.)

The People of the State of Nevada do enact as follows:

Section 1. Section 38 of Article 4 of the Constitution of the State of Nevada is hereby amended to read as follows:

Sec. 38.
Use of [plant of genus Cannabis] marijuana for medical purposes [:] and regulation of marijuana.

1. As used in this section, "marijuana" means a plant of the genus Cannabis or its product.

2. The use or possession of three ounces or less of marijuana by a person who has attained the age of 21 years is not cause for arrest, civil or criminal penalty, or seizure or forfeiture of assets.

3. The legislature shall provide or maintain penalties for:
(a) Driving dangerously, or operating heavy machinery, while under the influence of marijuana.
(b) The distribution or sale of marijuana to, and the possession or use of marijuana by, persons who have not attained the age of 21 years.
(c) The smoking of marijuana in a vehicle or public place, including a publicly operated carrier of passengers, a public park, or a place where gaming is permitted.
(d) The distribution, sale, possession, or use of marijuana on the premises of a jail, prison, or public school.

[1.] 4. The legislature shall provide by law for:
(a) The use of marijuana 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] or 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] marijuana 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] marijuana.
(c) Protection of [the plant] marijuana 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] marijuana 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] marijuana to patients authorized to use it [:] and for the distribution of marijuana at low cost to those patients.
(f) A system of regulation, designed to curb the unlawful production of or trafficking in marijuana, for the cultivation, taxation, sale, and distribution of marijuana to persons authorized under this section to use or possess it, under which:
(1) All advertising of marijuana through television, radio, newspapers, magazines, or billboards is prohibited.
(2) A person who has attained the age of 21 may purchase marijuana from licensed establishments.
(3) The license fees at wholesale and retail are the same for marijuana as for cigarettes, the tax for sale at wholesale are the same for marijuana as for tobacco products other than cigarettes, and the tax for sale of marijuana at retail is the same as the combined taxes on sales at retail of other products generally.
(4) The transport of marijuana into or out of this state is prohibited unless federal law permits such transport.

[2] 5. This section does not[:]
(a) Authorize the use of 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] marijuana or accommodation of [medical] any use, possession or being under the influence of marijuana in a place of employment.

6. Any statute or regulation inconsistent with this section is null and void after January 1, 2005.