Nevada lawmakers have arrogantly exempted themselves from the state’s open records law. Now they’re taking additional steps to shield themselves from taxpayer scrutiny. It’s an affront to the principles of democracy and transparency.

Nevada Revised Statutes (Chapter 239) explain the rationale for ensuring that the public has a right to access government documents. The purpose of the open records law is “to foster democratic principles by providing members of the public with prompt access to inspect, copy or receive a copy of public books and records to the extent permitted by law.”

In addition, the law “must be construed liberally to carry out this important purpose” and any “exemption, exception or balancing of interests which limits or restricts access to public books and records by members of the public must be construed narrowly.”

So far, so good.

But lawmakers have long claimed that the law did not cover various legislative activities. In 2015, at the behest of the Legislative Counsel Bureau — which provides legal advice to the Legislature — lawmakers rushed through a last-minute bill that exempted most legislative documents — including lawmaker emails, calendars and other communications — from disclosure.

The LCB has since used the statute to justify suppressing taxpayer-funded reports commissioned by lawmakers on accusations against various legislators. The Associated Press has been stymied in efforts to obtain emails from lawmakers.

Now, the Nevada Independent reports, LCB attorneys are withholding digital copies of lawmaker presentations under the guise that the releasing the information could violate federal copyright law. This is flat out ridiculous and will make it only more difficult for watchdogs and members of the public to follow legislation activities.

The lawyers at the LCB have a long and sullied history of interpreting the law to protect lawmakers rather than to advance the interests of the taxpayers who cover their comfortable salaries and benefits. The most glaring example: Their insistence on running cover for legislators who violated the state constitution by serving in two branches of government at the same time.

The legislative exemption from the state’s open records law is far too broad and in conflict with the principles expressed in the legislative acknowledgment of the statute’s importance. The aggressive LCB interpretation of copyright law further impinges on transparency and runs counter to the public interest. If lawmakers truly hope to “foster democratic principles” and promote accountability, they must revive legislation to narrow legislative exemptions to open record compliance and advise LCB attorneys to re-evaluate their draconian decision to limit access to online documents.

Nevada lawmakers have introduced a bill to create a psychedelics therapy pilot program that would provide a treatment alternative for patients with certain mental health conditions.

The legislation from Assemblymember Max Carter (D) and 18 other cosponsors was filed on Monday, setting the stage to potentially build upon Nevada’s psychedelics laws.

Under the proposal, the state would establish an Alternative Therapy Pilot Program under the Department of Health and Human Services (HHS). It would authorize the medically supervised use of psychedelics including psilocybin, DMT, ibogaine and mescaline.

The Division of Public and Behavioral Health under HHS would be tasked with licensing at least one person to “cultivate, manufacture or otherwise produce psychedelic substances for use in the Program,” the bill text says.

While the psychedelic substances are currently prohibited under state and federal law, the measure would make anyone authorized by the division to participate in the program “immune from civil, criminal and administrative liability arising from that conduct and any such conduct must not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person.”

The bill’s findings section states that “providing access to treatments that involve the administration of psychedelic substances, under proper medical supervision, may contribute to the public welfare by fostering enhanced treatment outcomes.”

Carter, the sponsor, was among several Nevada legislators who participated in a recent psychedelic policy summit and expressed optimism that the state could make progress toward legalizing therapeutic use of the substances in the coming year.

Carter appeared with Sen. Rochelle Nguyen (D) on the panel, hosted by the Nevada Coalition for Psychedelic Medicines. Both lawmakers were members of a state Psychedelic Medicines Working Group that in December issued a report calling on the legislature to create a program for regulated access to psychedelic-assisted therapy.

In 2023, Nguyen sponsored legislation that would have legalized psilocybin and promoted further research into the drug, as well as encouraged studies of MDMA—but the was significantly scaled back in a Senate committee to examine the use of entheogens “in medicinal, therapeutic, and improved wellness” and develop a future plan for regulated access. It ultimately became the vehicle that created the state psychedelics working group.

Meanwhile, Nevada senators last month introduced a resolution calling on Congress to take action on the federal level to facilitate psychedelics research, with the aim of eventually approving the alternative therapies.

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Photo elements courtesy of carlosemmaskype and Apollo.