Following through on medical marijuana

On his last day on the bench, District Judge Donald Mosley — who retired a year ago at age 65 — issued the sternest condemnation yet of the state’s lack of enabling legislation for medical marijuana, calling it “ridiculous” and “absurd.”

Judge Mosley dismissed a drug trafficking case against Nathan Hamilton and Leonard Schwingdorf, who worked at a marijuana dispensary that supplied the plant to registered patients unable to grow it themselves. “It is apparent to the Court that the statutory scheme set out for the lawful distribution of medical marijuana is either poorly contemplated or purposely constructed to frustrate the implementation of constitutionally mandated access to the substance,” Mosley wrote. (The case is being appealed to the Supreme Court.)

Back in 2000, Nevada voters ratified an amendment to the state constitution, legalizing marijuana for medical use, instructing, “The Legislature shall provide by law for ... appropriate methods for supply of the plant to patients authorized to use it.” But the Legislature never did so.

Defense attorney Bob Draskovich, whose firm represented both men, said the only way a patient can now legally possess marijuana is to commit a crime to obtain it. Judge Mosley agreed. Police and prosecutors consider it a crime for a dispensary to grow more than seven plants, or to charge for their product. Mosley found those restrictions ridiculous. And Judge Mosley was right.

Attempting to remedy the situation, state Sen. Tick Segerblom of Las Vegas has proposed a bill that would certify dispensaries and license farms where marijuana can be grown legally. The bill would allow Nevadans to obtain medical marijuana from dispensaries in neighboring California, while imposing an unspecified tax on the pot.

Nevada had more than 3,000 registered medical marijuana users as of 2011, including people with glaucoma and cancer patients who suffer loss of appetite because of chemotherapy, said Sen. Segerblom, who was the chairman of the state Democratic Party from 1990 to 1994.

Eighteen states and the District of Columbia now have legalized medical marijuana, and last year Colorado and Washington state voters legalized recreational use of the drug.

President Obama, who has acknowledged his own history with illegal recreational drugs, promised five years ago to respect state laws on medical marijuana and allow ailing patients who have a doctor’s prescription to use the substance. Yet the counterproductive war on drugs continues.

Proponents of a related tax have to guard against appearing greedy, especially when the levy is, in effect, on the sick. But if applying general sales and business taxes would help defray regulatory costs while regularizing this commerce, by all means let’s have that debate.

Government must stop fighting the will of voters. Sen. Segerblom has scheduled an informational hearing on the issue in Carson City this morning. That’s great. But the rest of the Legislature should now join Sen. Segerblom in picking up the pace and doing what voters instructed them to do — not someday, but this year. Let’s see a bill draft, soon. And if that doesn’t work, the Nevada Supreme Court should order the Legislature to revamp the law — albeit 12 years late.