Since 2000, when a change in Nevada’s Constitution allowed for medical marijuana use in Las Vegas and around Nevada, the State’s legislature has been busy crafting regulations that will allow businesses to legally grow, test and sell medical marijuana, as well as those edible products containing medical marijuana, to registered patients. In 2013, the Legislature dramatically expanded these regulations, but allowed City and County governments to have a significant say, setting zoning and licensing rules that cover where dispensaries and other medical marijuana-related businesses can be located. In some cases, this has included passing moratoriums on medical marijuana licensing and even outright bans.
Clark County has taken a different approach, moving quickly to establish its own regulations and licensing process that will allow it to pick its preferred applicants before the state begins its licensing process this summer.
Available license types include:
- Cultivation Facility;
- Facility for the production of edible marijuana products or marijuana-infused products; and
- Independent Testing Laboratory.
While much of the application process is still being finalized, Alternative Medical Legal Advisors has assembled a team of legal professionals who are experienced in controlled state licensure, and who are prepared to navigate both the existing framework, the changing local government landscape, as well as whatever new developments come from the State’s designated agencies.
While it is expected that the State will ultimately limit all of these license types, to date, only the “Dispensary” licenses have been limited – to 66 statewide and 40 in Clark County.
Dozens of applications are expected for a limited number of dispensary licenses – the unincorporated county will receive 10 licenses initially – meaning commissioners will face a challenge when doling out the special-use permits needed to operate a medical marijuana business.
After the application process closes, the commission will hold a public hearing to review the applications and choose its preferred operators. Those receiving the special-use permits from the county would have an advantage in the contest for the coveted state dispensary licenses, which will be awarded after an application process expected to start in June.
Dispensaries would be allowed to locate within commercially zoned districts, like most other retail businesses.
Despite the initially “unlimited” nature of the non-dispensary medical marijuana licenses, there are still rigorous financial, business planning and legal compliance requirements, which will substantially limit the number of qualified businesses
The ongoing, federal illegality of marijuana means that transporting marijuana across state lines is a legal risk that no legitimate business can afford to take, so the licensed dispensaries in the State must work with other Nevada-licensed businesses to service their needs for cultivation, testing and the production of marijuana-infused products.
Even the zoning for these “other” business licenses will be different. Testing laboratories, which will verify the quality of the medical marijuana, will be allowed in commercial districts, while cultivation facilities, where the crop is grown, and production facilities, where edibles and other marijuana-infused goods are made, will be limited to manufacturing and light industrial areas.
Alternative Medical Legal Advisers
Our hand-selected team stands ready to assist both first-time medical marijuana business owners as well as experienced entrepreneurs from other marijuana-permissive jurisdictions (such as California, Colorado, Washington and more). Since the beginning of the medical marijuana expansion in 2013, we have tracked the relevant laws, local government positions and appointed officials. No one stands in a better position to help than we do, and we are proud to stand beside the brave entrepreneurs who understand the opportunity and the community service that these endeavors represent.
Don’t settle for amateur help with your professional enterprise. Navigating this ever-changing legal landscape requires dedicated, local legal expertise, and Alternative Medical Legal Advisors is here to help. Contact us for an appointment today!