Nevada Medical Marijuana Establishments
Governor Sandoval signed Senate Bill 374 into effect, which legalizes the establishment of medical marijuana dispensaries that will legally sell marijuana to individuals with Nevada medical marijuana cards and uniquely out of state individuals who have a medical marijuana card.
What that means, is now that people that have medical marijuana cards can purchase marijuana from a licensed facility in the State of Nevada. This bill goes into effect on July 1, 2013. Pursuant to this bill, there is also an amendment to the amount of marijuana that can be possessed by an individual at a certain period of time. That is, 2 1/2 ounces for every 14 days. There will also be provisions that if you do grow marijuana and had a permit or card prior to July 1, 2013, you can grow up to 12 plants. There is no longer 3 mature plant limit, it’s a 12 plant limit. Furthermore, it seems to indicate that if you do not have a card before July 1, 2013, that you ‘will not be able to grow plants for your own; you’ll have to purchase the marijuana from a licensed facility.
Pursuant to this new bill, every individual will have to register their card with a medical licensed establishment, or have a primary caregiver. These medical marijuana establishments will also have a cultivation facility, or potential numerous cultivation facilities, an independent testing laboratory, a faculty for production of edible marijuana products, or marijuana infused products, a dispensary business, or a registered business.
These dispensaries are going to be licensed through the State and there is going to be at a minimum of 20 licenses for Clark County, 10 licenses for Washoe County, 1 license for every other county that has less than 55,000. Counties with 55,000 to 100,000 people will get 2 licenses.
There is going to be an application made to the State of Nevada that is going to have a fee for a medical marijuana establishment, which ‘will be no greater than $30,000 and other additional fees for the cultivation facility and for a testing facility and for the edible facility. Furthermore, each facility has to be located in a commercial district that is not zoned residential. The facilities cannot be 1000 feet from a school or playground and there is other limiting criteria.
Finally, Nevada has a structure for individuals that do have medical marijuana cards, to purchase marijuana in a legal manner. The detriment is that it will phase out growing of your own marijuana and will not allow new card holders to grow marijuana. This seems to be an infringement on the original bill passed by the voters, but at least it is a step in the right direction.
The ability to sell to out of state licensees will create a unique situation where when tourists come to Vegas, Washoe County or other counties, and they have a medical marijuana card from a different state and they fill out the necessary paperwork as established by this law, that person would be able to purchase up to 2 1/2 ounces of marijuana for 14 days. This seems to be a windfall for a place such as Vegas and Reno. Further, it will also be a great advantage to individuals who own the marijuana facilities in Washoe and Douglas Counties in that they both adjoin the state of California. Thus, individuals with California cards will be able to purchase marijuana legally in the State of Nevada as long as they follow the laws of Nevada. In addition, based upon the new dispensaries and medical marijuana establishments, there is also the argument that this creates a situation where if you have marijuana in your system but are not under the influence, you potentially cannot be found guilty of Marijuana DUI on that basis. This will be discussed further in another post.
The Senate Bill is pretty detailed in explaining the procedure for applying for a medical marijuana facility and what needs to be done and what type of assets need to be available for the Department to consider granting your license. If anyone has further questions in regards to the medical marijuana Senate Bill 374 or is charged with any type of crime related to marijuana and/or has questions in regards to marijuana related driving under the influence offenses, please do not hesitate to contact me at (775) 785-9116 or email@example.com.
John B. Routsis, Esq.
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