Thursday, May 30, 2013

Will there be a Green Rush in Nevada?

Nevada Senate Passes SB 374 Legalizing Medical Marijuana Dispensaries.

In a historic vote of 17-4 the Nevada Senate has passed a bill legalizing medical marijuana dispensaries (a Las Vegas Review Journal article on the vote is available here, The bill received wide bipartisan support in the Senate, but it must return to the State Assembly for hearings and a vote before being sent to Governor Brian Sandoval for his signature. Timing is becoming a critical issue as the Nevada Legislature adjourns midnight on Monday June 3, 2013. 

The bill will allow for the opening of medical marijuana dispensaries, cultivation facilities and facilities that produce edible products. However, the bill will also take away the ability for medical marijuana patients to grow their own marijuana once a dispensary begins operation within the county in which they reside. This aspect of the bill has been met with stiff resistance from medical marijuana advocates who feel that it robs them of their ability to control the production process of their medicine, forcing them into the marketplace where it will cost them roughly ten times as much to purchase their medicine from the dispensaries. 

Nevertheless, as the bill will allow for what has been termed “the green rush”. Clark County will be allowed 40 licenses for dispensaries, which will create jobs and generate huge amounts of money for the state’s struggling budget. The licensing fees are steep ($20,000.00 for a dispensary plus a $5,000.0 application fee) and patients will be charged a $10.00 excise tax each time they purchase their medicine from a dispensary on top of whatever fees the dispensary charges. All in all it is estimated that the medical marijuana industry could reach over two billion dollars in revenue in less than five years. 

To learn more about this very hot topic click here

The attorneys at Connor & Connor Pllc are ready to assist clients negotiate the complicated nature of Nevada’s medical marijuana laws. If you have a question relating to medical marijuana in the state of Nevada do not hesitate to contact us as soon as possible. 

Wednesday, May 8, 2013

Major Changes Possible for Nevada Medical Marijuana Law

There is currently a bill pending in the Nevada State Legislature that would make big changes to the state's medical marijuana laws. Nevada voters overwhelmingly approved a measure to allow for the medicinal use of marijuana in November, 2000. Unfortunately, since that time patients approved for use of marijuana have been stuck in legal limbo with no real legal means with which to acquire their medicine. 

The present state of Medical Marijuana Law in Nevada:

At present medical marijuana laws in Nevada could most politely be described as "ambiguous". At worst the present state of the law could be described as a contradictory mess and a complete failure on the part of our elective representatives to follow the will of the citizenry. Either way, the state's medical marijuana laws are in desperate need for major revision. 

Perhaps the biggest ambiguity in Nevada's medical marijuana law is that patients who suffer from certain chronic and debilitating conditions are allowed to  possess, cultivate and use limited amounts of marijuana. Specifically, patients may possess up to one once of usable marijuana plus three mature plants and four immature plants. Unfortunately, it is illegal to purchase the seeds needed to grow the marijuana plants. It is also illegal to buy, sell, import or distribute marijuana (or its seeds). Clearly, this presents a problem as patients are literally left with no way to legally acquire medicine they are legally allowed to have.

To learn about the proposed changes to the medical marijuana laws, click here.