The New Target of Medical Marijuana Regulation in Nevada: Parolees
Medical marijuana cards in Nevada are on the rise. Some are pushing for more regulation when it comes to parolees who apply.

August 26, 2011 /24-7PressRelease/ -- For years, Nevada state parole and probation officers have been pushing for more regulation over parolees legally authorized to obtain and use medical marijuana. The data reveals that the number of Nevada citizens obtaining medical marijuana cards are steadily increasing every year--despite the lack of data to show the exact percentage of parolees issued marijuana cards. Specifically, advocates believe the Nevada parole board should be given the authority to determine parolees' ability to obtain these cards. However, opponents of the proposal disagree, citing to the parole board's lack of medical knowledge to make sure decisions.

According to the Nevada Health Division, approximately 3,000 patients in the state have been issued medical marijuana cards--and the number keeps rising. Over 1300 were filed in just the last half of 2010.

Due to the increase, the Nevada Parole and Probation Lieutenant Tom Ely are pushing for more regulation over medical marijuana and parolees. Ely argues that review by the Board of Parolees on the use of medical marijuana by parolees is needed.

Some say, though, that this is far from lawful since the board does not have the authority to circumvent the current medical marijuana laws in Nevada.

To thwart the legal hurdles, the Board Lt. Tom Ely propose that each offender be required to first seek permission from the Board prior to submitting an application for the card with the Health Board. The reason behind the push is because, they argue, not enough offenders are prohibited from obtaining medical marijuana cards. (Currently, only those convicted of drug offenses are barred.) They add that because sex offenders and lifetime supervision offenders are not prohibited from obtaining medical marijuana, more regulation is needed.

However, opponents say that the initiative is still problematic because the Nevada Parole Board doesn't carry the necessary medical expertise to grant or deny medical marijuana petitions.

Commissioner Corda reiterated this argument at a recent board meeting. He stated that since the Board has no medical background they could not deny any request that has been submitted through a medical professional.

However, Lt. Ely counters by proposing that when a parolee seeks permission from the Division of Parole and Probation, the parolee's doctor could also appear before the Board to explain the medical rationale for the medical marijuana.

The Board has since noted that it would consider possible action on the matter, including potential legislation, at a later meeting.

Las Vegas criminal defense attorneys and opponents of the law are continuing to fight the aggressive efforts over medical marijuana. Specifically, various Las Vegas legislatives have and continue to take proactive measure to repeal the state's medical marijuana laws. The most recent initiative, proposed by Assemblyman Paul Aizley, would have discontinued the requirement that users obtain a registration card with the Nevada Health Division.

It remains to be seen whether the Nevada Parole Board will be granted more authority to regulate medical marijuana issued to parolees in Nevada or whether the state will take a more liberal approach on the use of medical marijuana.

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