Medical Marijuana - Legal or Not?
Medical Marijuana - Legal or Not?
Hi all, The Jack Rabbit Speaks from Aug 14th states that " and remember, medical marijuana is NOT legal in Nevada."
However, there are numerous other references stating that Medical Marijuana is approved in Nevada because it was passed by voters (just google it.)
Thank being said, what exactly is the legal status?? Understandable, the event is on federal land (isnt it?) so thus state law need not apply, however the law enforcement are county or state employees, right?
I have a medical condition and phisicians letter.
Could someone help clarify. Thanks!
However, there are numerous other references stating that Medical Marijuana is approved in Nevada because it was passed by voters (just google it.)
Thank being said, what exactly is the legal status?? Understandable, the event is on federal land (isnt it?) so thus state law need not apply, however the law enforcement are county or state employees, right?
I have a medical condition and phisicians letter.
Could someone help clarify. Thanks!
I don't think you're going to get good legal advice on here, which is what you're asking for.
It's doubtful that you're going to get a better answer here than what JRS provided. JRS warned you about it probably because in fact it is a gray area. You may get held and detained while the jurisdictional question is fought out between feds and whomever else. The fact that they included the warning suggests to me that the question may have come up in the past and proved to be a problem.
It's doubtful that you're going to get a better answer here than what JRS provided. JRS warned you about it probably because in fact it is a gray area. You may get held and detained while the jurisdictional question is fought out between feds and whomever else. The fact that they included the warning suggests to me that the question may have come up in the past and proved to be a problem.
See the following at the NORMYL website:
http://www.norml.org/medical/files/NVMe ... ijuana.doc
Law enforcement at the event includes County, State, AND Federal officers. The same JRS that you mentioned describes all of the officers who will be on playa.
No matter what the Nevada laws are, a federal BLM cop on federal land is most likely to uphold FEDERAL law, don't you think?
http://www.norml.org/medical/files/NVMe ... ijuana.doc
Law enforcement at the event includes County, State, AND Federal officers. The same JRS that you mentioned describes all of the officers who will be on playa.
No matter what the Nevada laws are, a federal BLM cop on federal land is most likely to uphold FEDERAL law, don't you think?
Cum catapulte proscripte erunt tum soli proscripti catapultus haebunt.
Do NOT consider that a get-out-of-jail-free card. If you get caught with it at the event I guarantee you that there will be NO distinction made between your situation and that of any of the scores of others who will get busted on the playa this year.I have a medical condition and phisicians letter.
- Kinetik V
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This is relatively clear to me. If you're a NV resident and have a NV issued medical marijuana card and you get detained by a Nevada law enforcement officer, they will follow Nevada law and you get to skate.
If you are a NV resident with a card and get detained by a Federal law enforcement officer, unless that officer chooses to be lenient you're pretty much screwed.
If you have a Colorado or California medical marijuana card for example, there is nothing in Nevada law that states NV law enforcement has to honor your card. Basically it comes down to an officer's discretion at that point and since you don't pay taxes and reside in NV...your chances of catching a break are not too good....
Here in Colorado we recently learned that the Feds will continue to ignore state medical marijuana laws despite anything that you might have read online to the contrary. Just a few days ago the FBI was raiding one business in a building that also housed a medical marijuana dispensary (Cannamed). The agents happened to see the plants and per federal law they confiscated them all, basically screwing over 100 legit patients in the process. Even more disturbing, they seized patient records too. Here's two local media stories on the raid:
http://cbs4denver.com/investigates/mari ... 32707.html
http://www.9news.com/news/article.aspx? ... &catid=188
The bottom line here is to use common sense and discretion and go on about your business. But don't expect to walk onto federal land and light up in public because while the states have finally come around to realizing the benefits of medical marijuana, the Feds still have their heads stuck up their collective asses.
If you are a NV resident with a card and get detained by a Federal law enforcement officer, unless that officer chooses to be lenient you're pretty much screwed.
If you have a Colorado or California medical marijuana card for example, there is nothing in Nevada law that states NV law enforcement has to honor your card. Basically it comes down to an officer's discretion at that point and since you don't pay taxes and reside in NV...your chances of catching a break are not too good....
Here in Colorado we recently learned that the Feds will continue to ignore state medical marijuana laws despite anything that you might have read online to the contrary. Just a few days ago the FBI was raiding one business in a building that also housed a medical marijuana dispensary (Cannamed). The agents happened to see the plants and per federal law they confiscated them all, basically screwing over 100 legit patients in the process. Even more disturbing, they seized patient records too. Here's two local media stories on the raid:
http://cbs4denver.com/investigates/mari ... 32707.html
http://www.9news.com/news/article.aspx? ... &catid=188
The bottom line here is to use common sense and discretion and go on about your business. But don't expect to walk onto federal land and light up in public because while the states have finally come around to realizing the benefits of medical marijuana, the Feds still have their heads stuck up their collective asses.
Kinetic V
~~~~~~
I bring order to chaos. And I bring chaos to those who deserve it, wherever that may be.
~~~~~~
I bring order to chaos. And I bring chaos to those who deserve it, wherever that may be.
Although the business owner has lost his crop, I would be very surprized if there is any prosecution. Keep in mind that the feds have said they will not prosecute in states that have medical mj laws IF the individuals involved are following the laws of that state.
Cum catapulte proscripte erunt tum soli proscripti catapultus haebunt.
- scotto
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From the JRS V13 #33
Burning Man Update: The Jack Rabbit Speaks
Volume 13, Issue #33
August 18, 2009
WE MESSED UP: MEDICAL MARIJUANA *IS* LEGAL IN NEVADA ... BUT NOT AT BURNING MAN
In the Law Enforcement Edition of the JRS, we mistakenly reported (and our intrepid readers duly corrected us) that medical marijuana is not legal in Nevada. And lo and behold, it is. See?
http://www.safeaccessnow.org/article.php?id=2046
http://www.leg.state.nv.us/nac/nac-453a.html
HowEVER, Burning Man takes place on Federal land, and as you probably know, the Federal government's position on medical marijuana ... yeah, not so much.
OK, that said, if you're traveling through Nevada, but outside our event, we are told by one participant: "Nevada does not offer reciprocity for medical marijuana users. For non-Nevada residents, it's important to note that another state's medical marijuana card (that e.g. would prevent your arrest in California) does not prevent your arrest in Nevada."
So, there you go.
Volume 13, Issue #33
August 18, 2009
WE MESSED UP: MEDICAL MARIJUANA *IS* LEGAL IN NEVADA ... BUT NOT AT BURNING MAN
In the Law Enforcement Edition of the JRS, we mistakenly reported (and our intrepid readers duly corrected us) that medical marijuana is not legal in Nevada. And lo and behold, it is. See?
http://www.safeaccessnow.org/article.php?id=2046
http://www.leg.state.nv.us/nac/nac-453a.html
HowEVER, Burning Man takes place on Federal land, and as you probably know, the Federal government's position on medical marijuana ... yeah, not so much.
OK, that said, if you're traveling through Nevada, but outside our event, we are told by one participant: "Nevada does not offer reciprocity for medical marijuana users. For non-Nevada residents, it's important to note that another state's medical marijuana card (that e.g. would prevent your arrest in California) does not prevent your arrest in Nevada."
So, there you go.
Burning Man is a Participatory Sport! Lead by Example!
- goodgodgreg
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I live in northern nevada and they treat weed like it's meth. It's so taboo here yet there are more meth addicts than any other place i've ever been. I find the whole thing weird. Like weed is evil yet paying for sex, gambling, and drinking is perfectly fine. AS LONG AS YOUR 21
Heaven forbid you grow up in nevada and do any of the things listed above and not be of age.
Other than my rant, be careful, the cops don't care where you're from, weed=punishment. Don't be stupid and be aware of where you are. This isn't california people, it's Nevada.
Heaven forbid you grow up in nevada and do any of the things listed above and not be of age.
Other than my rant, be careful, the cops don't care where you're from, weed=punishment. Don't be stupid and be aware of where you are. This isn't california people, it's Nevada.
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Medical Marijuana Legal?
Federal Governemnt - NO
State governments - Some.
Since the federal government law enforcement is reactionary and mostly complaint driven. SOmeone has to complain about a grower or the DEA finds them through busts etc.
Why do the feds shy away from Granny with glaucoma toking up an ounce a month? Because 80 YO people in chains do not look good in a line up or going to court in orange jumpsuits.
Medical Marijuana is still in that grey area that is illegal with the feds but not enforced if it is for that purpose. Does not mean that they cant arrest someone with a Marijuana card in their pocket issued from the state? Nope - that they can do. Federal Law trumps all state laws.
Theres planty of LE's out there that can tell you better than I.
Federal Governemnt - NO
State governments - Some.
Since the federal government law enforcement is reactionary and mostly complaint driven. SOmeone has to complain about a grower or the DEA finds them through busts etc.
Why do the feds shy away from Granny with glaucoma toking up an ounce a month? Because 80 YO people in chains do not look good in a line up or going to court in orange jumpsuits.
Medical Marijuana is still in that grey area that is illegal with the feds but not enforced if it is for that purpose. Does not mean that they cant arrest someone with a Marijuana card in their pocket issued from the state? Nope - that they can do. Federal Law trumps all state laws.
Theres planty of LE's out there that can tell you better than I.
- SageV
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I've been following this debate for a while. Bottom line, the legality of medical marijuana is in dispute, so if you choose to test those laws in the middle of that dispute, you are making a decision to be a test case. The legal system will work it out eventually, the question is do you want to be part of that process. A letter from Dr. Feelgood in Who-ville, CA isn't going to change the way 49 other states deal with their narcotics laws.
"When the going gets weird, the weird turn pro."
-- Hunter S. Thompson
-- Hunter S. Thompson
Dude, that is not always the case. Generally speaking I'd agree with you but.... it's these very....delicate questions that are always best answered by people in the know. It is also a stellar example of why some people should not EVER mistake opinion for sound advice coming from a board such as this. There are many good heads on many good shoulders here but at the end of things it is quite unlikely that any of us would be standing next to you in a court room when a verdict is passed down.Since the federal government law enforcement is reactionary and mostly complaint driven. SOmeone has to complain about a grower or the DEA finds them through busts etc.
- capjbadger
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It's simple. Pot is not legal to have without a FEDERAL permit. Period.
Since the feds are not issuing permits, they can arrest you all day long, state "med card" or no.
-Badger
(and if you're so sick as to need the card, WTF are you doing at burning man??)
Since the feds are not issuing permits, they can arrest you all day long, state "med card" or no.
-Badger
(and if you're so sick as to need the card, WTF are you doing at burning man??)
Arrrggg!! Avast ye fucking fluffy bunny shirtcockers! Haul your drunken hairy fat ass out of our sight or prepare to receive a hot buttered hedgehog fired up your aft quarters!
Honey Badger don't care. Honey Badger don't give a shit!
Honey Badger don't care. Honey Badger don't give a shit!
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had a friend get pulled (1 tail light was out)over while driving back from Vegas to Reno during spring break. He had a little nugget on him and the cop found it. He was fined $700 and let go. That is the usual punishment for less than an ounce. Just don't be stupid about it and you'll be fine. Umm but don't take my word for it, I am not a lawyer.
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