Law Nevada

[Baron23]

Nevada awards 61 more recreational marijuana dispensary licenses


A few cannabis companies are reaping riches after the latest Nevada dispensary licensing round.

Green Growth Brands and TapRoots Holding have each been awarded seven licenses to operate in the state while GreenMart NLV took home four.

This month Nevada awarded 61 conditional recreational dispensary licenses, including 31 in Clark County. Currently, there are 65 dispensaries operating in the state.

The Nevada Department of Taxation, which oversees the industry, declined to name the awardees until they receive a final state license after inspection. That could take up to a year.

Green Growth and GreenMart, which are both publicly traded, issued statements announcing their awards. TapRoots CEO Shane Terry confirmed by email his firm received seven licenses.

“We certainly have the intention of opening up all seven locations,” Terry said. “With the addition of these new licenses we are now vertically integrated as previously TapRoot only had cultivation and production here in Nevada.”

Many companies were looking to snatch up a state dispensary license. Las Vegas in particular remains a top market for many cannabis companies seeking to build a national brand because of the large number of tourists who pass through town.

“Our presence in Nevada has been strategic from the start. With 3 million residents and 42 million annual visitors this is a market like no other, which is why we chose Nevada as the first state where we will present the full expression of our brands, products and services,” Green Growth Brands CEO Peter Horvath said in a statement.

Nevada has so far lived up to the hype. The state posted nearly $425 million worth of recreational marijuana sales in its first 12 months, beating expectations. Brokerage firm Canaccord Genuity forecasts Nevada sales will reach $1 billion by 2022.

Surging sales mean licenses can fetch a hefty buck. Dispensary licenses in Clark County sell on the secondary market for between $10 million and $20 million, said John Lamb, president of the Las Vegas Medical Marijuana Association.

Not all were pleased to see a few players receive so many licenses. The Las Vegas Medical Marijuana Association said distribution should have been more widespread.

“There were a large number of small businesses that were shut out. As a state we need to increase the diversity of ownership. It would be good for the industry and the community,” the association said in a statement.

Nevada limits the amount of licenses held by any one person or group of people in a county of 100,000 or more to 10 percent.

Green Thumb Industries is currently the largest recreational dispensary operator by locations with five. Green Thumb, which last month bought the Essence dispensary brand, did not say if it was awarded more licenses.

 

[Baron23]

Las Vegas council approves marijuana ‘social’ lounges

The city of Las Vegas will allow marijuana social-use lounges for the first time in an effort to provide public spaces for marijuana consumption two years after legalized recreational sales launched in Nevada.

Under the new city ordinance, which was passed today in a 4-1 vote by the city council, licensed marijuana businesses in Nevada will be permitted to apply for special-use permits to open consumption lounges at which cannabis products may be sold and consumed on site. After one year, other interested business owners — including those who have not received licenses to operate marijuana dispensaries in Nevada – will be permitted to apply for consumption lounge permits as well.

Supporters of the ordinance noted that while it is legal to purchase marijuana from licensed dispensaries in Nevada, there are limited legal options for the millions of tourists visiting Las Vegas to lawfully consume the substance. It remains illegal to smoke or ingest marijuana in most hotels and public places, including casinos, bars, restaurants and on the street.

Proposed by Councilman Bob Coffin, the measure was supported by council members Michele Fiore and Cedric Crear and Mayor Pro-Tempore Lois Tarkanian, in addition to Coffin. Stavros Anthony voted against the ordinance, and Mayor Carolyn Goodman abstained from the vote, citing a conflict of interest due to a family member involved in the cannabis industry.

The vote came a month and a half after the council put the brakes on an earlier version of Coffin’s ordinance, as other councilors wanted more time to tweak the measure and hear the concerns of those resistant to the lounges. Fiore and Crear said they were confident that the latest version of the ordinance, which city staff have been crafting for the past two years, will suffice for now. Tarkanian was more hesitant, but ultimately voted yes.

“I think that we need these social-use venues,” Crear said. “It allows people that are coming into town a place to go smoke legally.”

Representatives of the marijuana industry described the measure as a necessity for Las Vegas, a community that relies heavily on tourism and markets itself as a place for indulgence and vice. The city will be the first in Nevada to allow marijuana consumption lounges.

“Everybody in this industry is supportive of what this is,” said John Mueller, CEO of Acres Cannabis. “It’s not the best step, but it’s a step forward.”

Opponents of the ordinance included representatives of Las Vegas gaming and tourist businesses, including the Nevada Resort Association and the Fremont Street Experience. They voiced concern about potential impacts of social-use venues on the gaming industry and tourist destinations, such as Fremont Street.

“We’re already finding it incredibly difficult to limit public consumption with recreational [marijuana] availability,” said Patrick Hughes, CEO of the Fremont Street Experience. “We’re very concerned about expanding that industry without proper oversight similar to the gaming industry.”

Virginia Valentine, president of the Nevada Resort Association, requested that the city consider adapting provisions that would forbid any marijuana lounges from opening within 1,500 feet of gaming districts.

But Senior City Attorney Bryan Scott, who helped write the ordinance, said the city would be “hard-pressed” to impose a larger distance separation for casinos and gaming establishments than for protected establishments, such as schools, daycare centers and places of worship.

“Casinos are not considered protective uses under our code,” Scott said.

In the end, council members who supported the measure agreed to forbid any marijuana lounges from opening within 1,000 feet of parcels in which nonrestricted gaming is conducted, establishing the same distance separation as already exists for protected uses like schools. In addition, the final ordinance requires businesses to devise plans outlining security, sanitation, odor control and employee training measures, and forbids the sale of alcohol on site.

Anthony, who criticized Coffin’s measure when it was discussed in March, continued to oppose the ordinance, questioning why the city needed to establish provisions for marijuana lounges at this time.

“I truly believe we need to take a regional approach to this,” Anthony said. “It can’t just be the city of Las Vegas.”

Some in the cannabis industry opposed the measure based on the stipulation that only licensed businesses will be able to open consumption lounges for the first year, with one critic comparing it to forbidding anyone but liquor store owners from opening bars. Others said that this provision, along with the annual $5,000 license fee for all businesses, will create barriers for local residents looking to break into the industry, especially women and minorities.

“The way this is written, only a small group of businesses and individuals will be able to participate,” said Rebecca Perrick of Women Grow Las Vegas, an organization that recruits and supports women in the cannabis industry.

Coffin and Fiore defended only allowing businesses that have been granted licenses by the state to open consumption lounges in the first year that the ordinance is in place.

“Why only the current licensees? Again, that’s because they did a better job we think, and the state will catch up,” Coffin said, referring to the licensing process for dispensaries through the state Department of Taxation.

 

[Baron23]

Nevada becomes first state to ban pre-employment marijuana tests

LAS VEGAS (KTNV) — Nevada has become the first state to ban pre-employment marijuana tests.

AB 132, signed by Governor Steve Sisolak, makes it unlawful for any Nevada employer to fail or refuse to hire someone if they test positive for marijuana.

There are some exceptions.

Those trying to become firefighters or EMT's cannot test positive, as well as those applying for jobs that require someone to operate a motor vehicle or jobs with the federal government.

It also allows employees who are required to submit a screening test within the first 30 days of being hired the chance to take a second test, at the expense of the employee.

The law goes into effect January 2020.

 

[Baron23]

I just don't even know what to say about this.....sigh, government at work. Want to know the policy, just follow the money and the big money is still casinos and gambling and that's what this is all about.

Las Vegas OK’d Cannabis Lounges but Nevada Just Said No

After nearly two years of discussion, the Las Vegas City Council approved the licensing of social-use cannabis venues on May 1. In a city with some of the world’s largest legal cannabis retailers—and nowhere to light up—it looked like visitors finally would have a comfortable place to enjoy their purchases.

Las Vegas has some of the world's largest cannabis retail stores. And still nowhere to light up legally.

Not anymore.

Earlier this month the Nevada Legislature, with the support of Gov. Steve Sisolak, adopted Assembly Bill 533, which overrides the Las Vegas measure and delays the opening of any legal cannabis venues until at least July 2021. The bill, first introduced just three weeks ago and set to be signed into law by Sisolak this week, requires a new Cannabis Compliance Board to address unspecified “issues” that have risen as a result of “rushed” cannabis policies made under former Gov. Brian Sandoval, Sisolak’s office said.

Nevada statue prevents new laws from being altered for two years after they’re passed, so cannabis social lounges won’t open until at least July 2021.

“(Sisolak) believes it’s better to address the issue of consumption lounges the right way than the quick way,” said Helen Kalla, spokeswoman for the Nevada governor.


RELATED STORY
Cannabis Lounges Are Coming to Las Vegas—but Not the Strip
Sad Trombone for Event Center
For John Mueller, owner of Acres Dispensary, on Las Vegas City land just north of the Strip, the new law means an 8,000 square-foot cannabis event space located at the back of his store won’t be open for cannabis business after all—at least not immediately.

Designed as a controlled and legal atmosphere for many of the Las Vegas Valley’s 42 million tourists each year and over 2 million local residents to consume the plant, the room will now be turned into a bar or non-cannabis event space, Mueller said.

“We’re dead in the water as far as a cannabis lounge goes,” Mueller said. “Which is sad when you think about how many people come here and still have to discreetly use it against the law.”

Coulda Been Fun
Frank Hawkins, a former Super Bowl-winning running back, is another cannabis retailer who was planning to open a lounge.

'It’s pure politics. How does a compliance board study cannabis lounges when they don’t even have the chance to open?'
Frank Hawkins, owner, Nevada Wellness Center
Hawkins’s 7,800-square-foot facility, just an elevator ride from his Nevada Wellness Center store, featured over a dozen separate rooms with private areas for playing virtual reality games and dominoes, a recording studio, a CBD product store, and even a boardroom for groups that have expressed interest in holding meetings there. A shuffleboard table, a room with a giant white wall and projector, and an area for vending machines and microwaves were among other planned amenities for Hawkins’ lounge. He too, is out of luck for another two years.

“It’s pure politics,” Hawkins said. “How does a compliance board study the efficacy of lounges when they don’t even have the chance to open?”


RELATED STORY
Check Out the World’s First Cannabis Superstore in Las Vegas
Casinos Didn’t Want Competition
As legal social-use venues continue to thrive in California and are set to soon open in Colorado, why would Nevada—with over 45 million annual tourists stuck without a place to legally enjoy the plant—need two more years to “ensure that this part of the industry is well-positioned to add to the job creation and economic growth,” as Sisolak’s office claims?

Casinos don't want their customers leaving the property to enjoy cannabis at a lounge across town.
Look no further than the four-mile stretch of Las Vegas Boulevard known as the Strip.

Home to more than two dozen mega casino-resorts, the Strip hosts most of those 42 million tourists and brings more than $15 billion to Nevada’s economy each year in direct visitor spending, per numbers from the Las Vegas Visitors and Convention Authority. The Strip’s three largest corporate operators, MGM Resorts, Caesars Entertainment, and Las Vegas Sands, contribute millions to Nevada’s political candidates at all levels. The gaming industry is by far the largest political donor in the state, and its desires are rarely ignored by Nevada’s elected officials.


RELATED STORY
How to Get High in Las Vegas
Cannabis Can’t Compete Politically
Licensed cannabis companies, by contrast, just don’t have the political juice to compete.

Nevada sold about $608 million in cannabis products during the first year of legal adult-use sales, and political donations from the cannabis industry make up a tiny fraction of their gaming counterparts.

Canna-phobic Casinos
The gaming industry has long been wary of all things cannabis, largely because of a belief that the federal status of marijuana could put their casino profits in jeopardy.

Since adult-use cannabis sales started in Nevada in 2017, gaming commission chairman Tony Alamo has made clear his stance that gaming and cannabis “shall not meet” until the plant becomes federally legal. State regulators have issued warnings that any gambling halls or casino resorts allowing marijuana use would have their precious gaming licenses revoked.

The City of Las Vegas’ May 1 ordinance allowing cannabis lounges wouldn’t technically apply to businesses on the Strip—which is just across the city line, in Clark County. Cannabis lounge licenses were to be available only to cannabis retailers located on Las Vegas City property. Currently 12 retailers meet that eligibility standard. An additional ten stores are slated to open by the end of this year.

It’s All About the Tourist Dollar
Exclusive access to the lounges would have given current cannabis retailers a head start on cornering the market for recreational cannabis consumption had they opened as scheduled by the end of this year. More to the point, the lounges would have drawn tourists away from the Strip. And keeping visitors on the property is the name of the game for casino resorts—as anyone who’s tried to walk from one Strip location to another can tell you.

Threatened by the potential loss of tourism at Strip nightclubs, restaurants and concert venues, the Nevada Resorts Association (NRA)—the gaming industry’s largest lobbying body—last September sent a letter to Las Vegas Mayor Carolyn Goodman urging her not to pass an ordinance allowing consumption venues. When their plea failed at the local level, Nevada’s NRA went next level, and took its cause to state legislators.

“Communities have little or no experience with the impacts of lounges on the communities or surrounding businesses,” NRA President Virginia Valentine said.

The “stall tactic,” as Nevada’s cannabis industry is calling AB533, will allow gaming to hold off on losing business. If marijuana is not federally legal by 2021, dispensary owners like Mueller and Hawkins expect the NRA to step back in and kick the can further down the road.


RELATED STORY
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Sisolak Had to Choose
Sisolak has long been a supporter of Nevada’s cannabis industry, and his administration helped guide a number of progressive bills into law this session. But his support of, and from, the gaming industry has much deeper roots. For the governor, whose days of accepting high-dollar donations from gaming vendors goes back to his 10-year stint on the Clark County Commission, the resorts association’s request might as well have been a mandate.

MGM Resorts, Station Casinos (a Las Vegas resort chain that operates casinos off the Strip) and Las Vegas Sands accounted for the governor’s three largest donors for his gubernatorial campaign last year, donating a combined $330,000 during the 2018 election cycle. Pressed whether Sisolak pushed the bill to appease his gaming donors, Kalla, his spokeswoman declined further comment. MGM Resorts International, who alone donated over $170,000 to the Nevada governor also declined comment. Neither Stations Casinos, Las Vegas Sands nor Caesars Entertainment responded to multiple interview requests.

Cannabis Industry Just Watched
Perhaps most surprising, while gaming did its damage, Nevada’s cannabis industry essentially stood by and watched.

'We’re missing out on the opportunity of a lifetime. It’s just mind-boggling.'
Tick Segerblom, Clark County Commissioner
Deeply fractured by a December disagreement over the allocation of 60 new marijuana licenses from the Nevada Department of Taxation, the Nevada Dispensary Association took a “neutral” stance on the lounges, said executive director Riana Durrett. About a dozen dispensary owners who were not chosen for the dispensary licenses are currently in litigation against the taxation department for alleged corruption in allocating the new permits.

Tick Segerblom, a longtime state senator who was the driving force behind legal marijuana from 2013 to 2018, now sits on the Clark County Commission. Segerblom, a Democrat, was essentially powerless as the governor and state legislators from his own party worked to reverse what he had long worked to pass.

“We’re missing out on the opportunity of a lifetime,” Segerblom said. “It’s just mind-boggling.”

 

[momofthegoons]

Nevada bans employers from refusing to hire those who fail marijuana tests

Starting in 2020, Nevada employers cannot refuse to hire a job applicant for failing a marijuana screening test, making it the first state to pass such a law.

"It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana," states the law, signed by Gov. Steve Sisolak on June 5.
There are some exceptions. The law does not apply to firefighters, EMTs, employees who operate a motor vehicle, or those who, in the determination of the employer, could adversely affect others' safety.
If an employer requires a new hire to take a screening test, then the new employee has the right to submit to an additional screening test to rebut the results, the law states. The employer must accept that follow-up test, the law says.
"As our legal cannabis industry continues to flourish, it's important to ensure that the door of economic opportunity remains open for all Nevadans," Gov. Sisolak said. "That's why I was proud to sign AB132 into law, which contains common-sense exceptions for public safety and transportation professionals."
The law takes effect at the start of 2020.
Nevada is the first state to approve such a law regarding drug screening tests. In 2016, voters in the state approved the legal sale of recreational marijuana to adults 21 and older, and recreational marijuana sales began a year later.
The New York City Council passed a similar bill in April that banned employers from requiring a prospective employee to pass a marijuana screening test as a condition of employment. In Maine, which legalized recreational marijuana, employers are not allowed to discriminate based on marijuana usage, but there are no laws about drug testing.

 

[momofthegoons]

Las Vegas: City-Wide Plan for Marijuana Consumption Sites on Hold
Thursday, 11 July 2019

Las Vegas, NV: A city ordinance regulating the operation of on-site cannabis consumption spaces will not go into effect following the passage of conflicting statewide legislation.

In May, members of the Las Vegas City Council voted in favor of the municipal law, which would have been the first ordinance of its type in Nevada. However, state lawmakers more recently passed legislation into law, Assembly Bill 533, prohibiting local governments from licensing businesses that permit marijuana consumption on their premises.

Provisions in the new law call on state regulators to further study the issue prior to permitting local governments to move forward with allowing on-site marijuana consumption spaces.

In March, Alaska became the first US state to codify rules governing the establishment of on-site marijuana consumption facilities. Colorado and Michigan have recently enacted social use regulations.

 

[Baron23]

Nevada Judge freezes licensing process for new cannabis shops

A Nevada judge has frozen the permit process for some new state retail cannabis stores siding with companies that lost bids to open recreational pot shops.
Clark County District Court Judge Elizabeth Gonzalez issued an injunction Friday afternoon halting several dozen new licenses where questions were raised about the owners compliance with the licensing requirements.

Losing bidders argued the process was so riddled with mistakes and bias that Gonzalez should void 61 licenses that were approved last December from among 462 applications.

Attorneys for Nevada and some companies that won retail dispensary licenses say the process wasn’t perfect, but tax officials are fairly enforcing a voter-approved initiative that legalized recreational pot sales to adults.

All sides expect the judge’s ruling will be appealed to the Nevada Supreme Court.

 

[Baron23]

Nevada marijuana testing lab’s license suspended for ‘misleading’ results

Lab testing is a key factor in most legal cannabis markets. Most immediately, this is what helps ensure that the products consumers purchase are not contaminated with harmful substances such as mold, yeast, pesticides, or other chemicals.
It’s also one of the ways that weed-legal states try to ensure a certain level of uniformity in terms of telling consumers the potency of different products.
Ultimately, lab tests serve a number of functions as more and more governments begin figuring out how to regulate a legal marijuana industry.
Yesterday, Nevada state authorities suspended the license of a marijuana testing lab. Authorities now claim that the lab was falsifying THC potency in products moving through its labs.
Certified Ag Labs License Suspended
According to local media reports from Nevada, cannabis testing company Certified Ag Labs recently had its license suspended by the state.
A notice reading “registration and license suspended” was reportedly posted to the company’s facility in Sparks, Nevada on Monday.



At this point, representatives from Certified Ag Labs have not been communicating with the media. But the Nevada Department of Taxation issued a statement about the license suspension.
“Products tested by Certified Ag Labs, LLC may be labeled incorrectly and could contain a different level of THC than what is listed on product packaging,” the department’s public notice said.
“The Department advises all legal cannabis users to take caution when using product tested by Certified Ag Labs, LLC and when comparing any similar products of the same potency, as those effects may be greater and/or less than that of the product tested by Certifed Ag Labs, LLC.”
For now, Certified Ag Labs is no longer allowed to operate. But it is unclear if the suspension is permanent.
Similarly, if the suspension is temporary, it is unclear when the state might allow the company to resume operations. It is also unclear what requirements the company will need to comply with in order to reactivate its license.
Other Issues With Cannabis Testing Labs in Nevada
This is not the first problem regulators in Nevada have had with marijuana testing labs. In fact, there have been a few other problems over the past couple months.
According to the Las Vegas Review-Journal, state authorities have actually been investigating labs more closely in recent months. These investigations came about after cannabis products with inadmissible levels of mold and yeast were approved by labs.
State authorities reportedly began investigating labs more closely in September. In July and August, there were problems with moldy weed making it onto the shelves of retailers.
Under Nevada law, all cannabis products must be tested by a state-licensed lab. Specifically, these tests screen for mold and yeast, which can be harmful to consumers.
Additionally, these labs are also supposed to screen for harmful contaminants. These could include pesticides, fertilizers, or fungicides from the growing process. Or it could include other contaminants such as heavy metals.
Finally, state labs are also supposed to test for THC levels. THC content is then listed on product labels before being sold to consumers.

 

[Baron23]

Nevada Closes Cannabis Test Lab, Issues Product Warning

Nevada state officials have closed a marijuana testing laboratory and issued a public health warning about tainted strains of cannabis products sold at retail and medical dispensaries in the Las Vegas area, Mesquite and Carson City.

The state Department of Taxation said in a Friday notice there were no reports of illness, but that high levels of mold, yeast, bacteria and fungus were found in some products tested at the Cannex Nevada lab in Las Vegas.

The department said people with suppressed immune systems were most at-risk of illness.

The advisory listed batch and lot numbers and dispensaries by name. It advised consumers not to consume products named Island OG, Lemon Meringue, THC Bomb and Zombie Kush sold in raw cannabis and pre-rolled packages.

It said products that failed secondary microbial testing by an independent lab were being sent for additional testing at a third lab under state oversight.
Officials said they had no reason to believe that the dispensaries or cultivators knew the products were tainted.

The advisory was the third issued this year by the department overseeing the state’s lucrative marijuana market.

 

[momofthegoons]

Las Vegas Police Seize $8.6 Million Worth of Cannabis Plants in Record-Breaking Raid

Authorities in Las Vegas this week seized thousands of marijuana plants valued at millions of dollars in what was a record bust for the jurisdiction.

The city’s metropolitan police said that officers found 5,700 plants worth an estimated $8.6 million in a raid on Wednesday of an old warehouse.

The raid was, according to local news reports, the culmination of a months-long investigation into a sophisticated growing operation. According to local television station KSNV, it was the “largest indoor marijuana grow house bust ever” for the Las Vegas Metropolitan Police Department.

“A large portion of the warehouse had been converted into a sophisticated illegal marijuana grow operation,” reported a different station, KTNV, noting that investigators also “found lighting, ballasts, duct work, chemicals, charcoal filters and other items associated with a large-scale growth operation.”

Wednesday’s bust easily eclipses the previous largest raid for the local police, which came in 2013 and led to the seizure of 3,244 plants.

Nevada Cannabis Laws

Nevada state law allows adults aged 21 and older to grow marijuana “at home for their personal consumption, but only if there is not a state-licensed retail marijuana store within 25 miles of the home.” They may grow up to six plants per person, but no more than 12 in a household, and “must be grown within a closet, room, greenhouse, or other enclosed area that is equipped with a lock or other security device.”

While marijuana sales have surged in certain markets during the COVID-19 pandemic, with many customers resigned to an isolated existence at home, Nevada’s marijuana industry appears to have been hammered by the crisis.

Riana Durrett, executive director of the Nevada Dispensary Association, told the Reno Gazette Journal this month that it “safe to say sales are below 50 percent statewide, many stores are below that, and some are (temporarily) closed.

Nevada marijuana dispensaries were forced to close their storefronts last month after a shutdown order from Gov. Steve Sisolak to stem the spread of the coronavirus. The dispensaries have since only been able to conduct sales via delivery.

“(It) was a mixture of the lack of capacity to meet the market demand through delivery, a drop in tourism and because people had already stocked up,” Durrett said of the plunge in sales.

 

[momofthegoons]

Nevada Department of Taxation Reports Dip In Marijuana Sales

The coronavirus pandemic has brought mixed results to the marijuana industry. While some markets have seen a surge in deliveries, many dispensaries have seen a sharp dip in sales over the last month with would-be customers confined to their homes due to stay-at-home orders.

The latter tells the story in Nevada, where the normally vibrant tourism industry has been brought to a virtual standstill. The lights have gone down on the Vegas strip, and that means fewer customers are lighting up. Local television outlet Fox 11 said that the state’s department of taxation “has noted a shortfall in funds from March into April from the marijuana excise tax, in which 10 percent of proceeds go directly to state funding for education.”

Will Adler, Director of the Sierra Cannabis Coalition, told the outlet that 80 percent of recreational and medical marijuana sales in Nevada are generated by visitors to the state.

“Believe it or not, the marijuana industry is about to change forever,” Adler said. “”Mainly in the Las Vegas area, most tourists come to experience something they may not have in their state.” Although Adler said that no dispensary in Nevada has gone out of business due to the coronavirus shutdown, the tax shortfall is more evidence that the state has not seen a surge in cannabis sales during the pandemic like in other parts of the country.

Headset, a cannabis market research company, reported last month that marijuana inventory levels had declined in most states because consumers were purchasing at higher rates than usual. In California, for example, a typical marijuana retailer had enough cannabis inventory to last nearly five weeks; now, as a result of increased demand, those retailers have enough for 3.6 weeks. The story is the same in Washington, which along with Colorado became one of the first two states to vote to legalize recreational pot use for adults back in 2012. There, retailers had enough inventory to last five-and-a-half weeks before the coronavirus pandemic; now, they have enough for 4.4.

But at the same time, Headset identified Nevada as an outlier to that trend, with marijuana retailers in the state taking an immediate hit from an abrupt drop in foot traffic. While those other states were plowing through their inventories, Nevada marijuana retailers had enough inventory to last nearly 14 weeks, according to Headset.

 

[momofthegoons]

Nevada Pardons More Than 15,000 People With Marijuana Convictions Under Governor’s Resolution

More than 15,000 people who were convicted for low-level marijuana possession in Nevada have been automatically pardoned under a resolution from the governor that was unanimously approved by the state’s Board of Pardons Commissioners on Wednesday.

The measure extends unconditional clemency to individuals with possession convictions of up to one ounce from January 1986 to January 2017. It was introduced to the board by Gov. Steve Sisolak (D) last week.

“Today is an historic day for those who were convicted of what has long been considered a trivial crime, and is now legal under Nevada law,” the governor said in a press release. “Since the passage of [adult-use legalization] in 2016 and the decriminalization of possession for small amounts of marijuana, many Nevadans have had these minor offenses remain on their records, in some cases as a felony. This resolution aims to correct that and fully restore any rights lost as a result of these convictions.”

While pardons don’t void convictions, they can restore rights such as the ability to vote, own a firearm or serve on a jury.

Those who are eligible for the pardon also have the opportunity to submit a form for expedited processing of documentation reflecting their status change.

“Today we took another step toward justice by pardoning thousands of Nevadans for actions that Nevadans decided should no longer be illegal,” state Attorney General Aaron Ford (D) said. “I’m proud to work alongside Governor Sisolak to make it easier for these Nevadans to get jobs, housing, and financial aid for college. Together, we’re making criminal justice reform a priority across Nevada.”

The resolution states, “All persons previously convicted in the State of Nevada for violations of statutes, ordinances, or codes prohibiting the possession of one ounce or less of marijuana not for purpose of sale, including without limitation NRS 453.336(4) and its subsections, are hereby unconditionally pardoned. This provision shall not be construed to extend to concomitant criminal convictions related to the underlying marijuana conviction.”

“The Secretary of the Nevada State Board of Pardons Commissioners shall prescribe instructions for persons seeking Unconditional Pardon documents for crimes pursuant to this Resolution, identified by the Nevada Offence Codes (NOC) below,” it continues. “The Secretary is hereby delegated authority to present Unconditional Pardons to the Commissioners for signature without further action by the Board.”

The board also noted in the resolution that “federal prohibition on cannabis was precipitated in part by racist notions that the consumption of cannabis incited minorities to violence.”

“The consequences of convictions for drug offenses can be significant, including the loss of eligibility for federal student financial aid in some circumstances, and the loss of certain constitutional rights,” it says. “Persons previously convicted in Nevada for possession of less than one ounce of marijuana are bearing the consequences of convictions for acts that Nevadans have now deemed lawful.”

Nevada voters approved a marijuana legalization ballot measure in 2016.

Last year, the governor signed a bill providing people with cannabis convictions a means to petition the court for expungements, but this resolution offers proactive pardons.

A Frequently Asked Questions document about the new board action notes that not everyone with a past marijuana possession conviction is covered by it.

“Prior to 2001, possession of less than one ounce of marijuana in Nevada was a felony crime. Unfortunately, people convicted of this crime were lumped together people convicted of possession of other drugs. There is no way to separate these groups out,” it says. “Additionally, sometimes people charged with possession of one ounce or less of marijuana pled to other crimes as part of the plea bargain process. People falling into these two categories are not covered by this resolution here. However, the Pardons Board can still provide relief to individuals seeking to have those convictions pardoned.”

Elsewhere, Colorado lawmakers passed a bill this week that will allow that state’s governor to unilaterally pardon people with past convictions for possessing up to two ounces of marijuana.

The governors of Washington State and Illinois have both issued pardons for cannabis offenses since their states legalized the plant.

Meanwhile, other top state officials have recently made arguments that marijuana reform is a necessary civil rights issue that’s particularly important to pursue as a means of addressing racial inequities.

California Gov. Gavin Newsom (D) said earlier this month that legalization was “about addressing the ills of this war on drugs.”

The governor of Virginia recently said that the passage of marijuana decriminalization legislation this year represents an example of how his state has addressed racial inequities that are inspiring mass protests over recent police killings of black Americans.

 

[bulllee]

https://news3lv.com/news/local/thre...ation-for-selling-tainted-cherry-og-marijuana


Three Las Vegas dispensaries under investigation for selling tainted 'Cherry OG' marijuana
by Cody Miller
Tuesday, July 28th 2020

In March, all dispensaries and stores were told to destroy or return Cherry OG F3 to the cultivator and tell the state which action they took. (KSNV)


The newly formed Nevada Cannabis Compliance Board says that it has opened an investigation into three Las Vegas dispensaries for selling a product that twice failed testing for microbial contaminants.
The product is Cherry OG F3, which all dispensaries and retail stores were told to stop selling immediately after it failed testing for yeast and mold, coliforms, Enterobacteriaceae and aspergillus on March 5, 2020.
Enterobacteriaceae is a group of bacteria that can cause infections and even pneumonia. Aspergillus is a fungus whose spores can cause infections most commonly in those with sensitive lungs.

In March, all dispensaries and stores were told to destroy or return Cherry OG F3 to the cultivator and tell the state which action they took.
Despite the CCB’s directive, the three dispensaries apparently retained the Cherry OG strain and started to sell it again in May.
Roughly 375 grams of the product was sold between May 19 and June 29 from Jenny’s Dispensary (5530 N. Decatur Boulevard), Las Vegas ReLeaf (2244 Paradise Road) and Sahara Wellness (420 E. Sahara Avenue).
According to CCB, a hold on the product was temporarily lifted due to an error during an unrelated investigation on May 16. Still, the health and safety advisory was in effect and should have prevented the dispensaries from selling the product.
Those who have purchased Cherry OG F3 should avoid consuming it. The source package for any Cherry OG products should be checked for # 1A404030000076F000006649.

 

[momofthegoons]

Nevada Governor Pledges Marijuana Tax Dollars For Schools In State Of State Address​

The governor of Nevada said on Tuesday that his budget proposal contains provisions to keep marijuana tax revenue flowing to schools in the state.

Gov. Steve Sisolak (D) discussed his fiscal plan during a State of the State address, saying it “ensures marijuana tax dollars will continue to fund education, to ensure districts can meet the needs of students during the pandemic and beyond.”

“The 2019 Legislature approved SB 545 which requires the proceeds of the 10% excise tax imposed on recreational sales of marijuana products to be deposited to the [Distributive School Account],” the governor’s budget says. “This new education funding did not offset general fund and was placed in the account as an enhancement. This is continued in the 2021-2023 budget.”



For fiscal year 2021, Nevada had already taken in more than $36 in cannabis tax revenue as of September.

Sisolak has also committed to promoting equity and justice in the state’s marijuana law. Last year, for example, he pardoned more than 15,000 people who were convicted for low-level cannabis possession.

That action was made possible under a resolution the governor introduced that was unanimously approved by the state’s Board of Pardons Commissioners.

Sisolak isn’t the first governor to bring up marijuana policy during their annual address this year.

In his State of the State speech last week, New Jersey Gov. Phil Murphy (D) reaffirmed his commitment to passing legislation to get a legal marijuana market up and running after voters approved a legalization referendum in November.

Also last week, New York Gov. Andrew Cuomo (D) discussed the need to legalize marijuana in 2021 during his State of the State address.

In Connecticut, Gov. Ned Lamont (D) also talked about his intent to work with lawmakers to enact legalization during his State of the Commonwealth address earlier this month.

Kentucky Gov. Andy Beshear (D) said in his State of the Commonwealth address that “it is time to legalize medical marijuana.”

In Virginia, Gov. Ralph Northam (D) said during his State of the Commonwealth speech that cannabis criminalization was intentionally set up “generations ago” to discriminate against people of color, and he called for legalization.

Also, New Mexico Gov. Michelle Lujan Grisham (D) released her agenda for this year’s session, and part of her plan to bolster the economy and increase revenue to the state is to enact a legal cannabis market.

 

[momofthegoons]

​

Nevada Lawmakers Approve Marijuana Bill To Allow On-Site Consumption Lounges​

A bill to allow on-site marijuana consumption lounges advanced through a Nevada Assembly committee on Friday. The panel separately passed a measure making it so the concentration of THC in a person’s blood cannot be singularly used to determine impairment while driving.

The social use legislation, sponsored by Speaker Pro Tempore Steve Yeager (D), would create two new licensing categories for cannabis businesses in the state. One would be for “retail cannabis consumption lounges” and the other would be an “independent cannabis consumption lounge.”

Existing retailers could apply for the former license and sell products that could be consumed on-site by adults 21 and older. Independent lounges would not be permitted to sell cannabis on their own, but would need to have marijuana products delivered to consumers from another source.

That said, independent licensees could submit a request to regulators to sell cannabis that they produce or to enter into a contract with an adult-use retailer to sell their products.

The state’s Cannabis Compliance Board would also be responsible for creating regulations for on-site facilities and setting fees for license applicants. Businesses that qualify as social equity applicants would have a reduced fee.

Under the legislation, a person “who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis, including, without limitation, adverse effects on an owner, officer or board member of the applicant or on the geographic area in which the applicant will operate” is considered a social equity applicant.

 

[momofthegoons]

​

Nevada Bill To Legalize Marijuana Consumption Lounges Heads To Governor’s Desk​

The Nevada legislature has sent a bill to legalize marijuana consumption lounges to the governor’s desk.

After clearing the Assembly last week, the legislation advanced through the Senate in a 17-3 vote on Monday.

Sponsored by Assemblyman Steve Yeager (D), the bill would create two new licensing categories for cannabis businesses in the state. One would be for “retail cannabis consumption lounges” and the other would be an “independent cannabis consumption lounge.”



Existing retailers could apply for the former license and sell products that could be consumed on-site by adults 21 and older.

Independent lounges could enter into a contract with an existing retailer to purchase and prepare ready-to-consume marijuana products for resale.

The state’s Cannabis Compliance Board would also be responsible for creating regulations for on-site facilities and collecting fees for license applicants. Businesses that qualify as social equity applicants would have a reduced fee.

Under the legislation, a person “who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis” is considered a social equity applicant.

The Senate also adopted an amendment, which the House later concurred on, stipulating that local governments can adopt regulations for consumption lounges that are “more restrictive” than the state rules.

Gov. Steve Sisolak (D) is a strong supporter of the state’s cannabis industry and is expected to sign the proposal.

“We are thrilled that after the long wait, Nevada will finally be home to consumption lounges,” Larry Scheffler Co-CEO of Planet 13, a vertically integrated marijuana company in the state, said. “We’ve long believed that tourists needed a safe, legal and enjoyable place to consume cannabis and have been planning for a consumption lounge and club at the SuperStore since the bill was originally proposed two years ago.”

The legislature also recently sent bills to the governor that would reduce marijuana penalties for minors, rescind per se driving thresholds for THC and allow curbside pickup at dispensaries.

Adding the new social use license types statewide and giving consumers this option—especially in the tourist-centric state—could boost marijuana and other tax revenues. Sisolak has had a particular interest in ensuring that those tax dollars support public education, which he talked about during a State of the State address in January.

The governor has also committed to promoting equity and justice in the state’s marijuana law. Last year, for example, he pardoned more than 15,000 people who were convicted for low-level cannabis possession.

That action was made possible under a resolution the governor introduced that was unanimously approved by the state’s Board of Pardons Commissioners.

Locally, the Las Vegas City Council in 2019 approved an ordinance allowing for social consumption sites within city limits.

That year, Alaska became the first state to enact regulations that provide for the on-site use option at dispensaries. Colorado followed suit with legislation approved that legalized cannabis “tasting rooms” and “marijuana hospitality establishments” where adults could freely use cannabis. Social consumption sites are also provided for in New York’s marijuana legalization law.

In California, the Assembly recently passed a bill that would allow local jurisdictions to permit licensed cannabis lounges to sell non-marijuana foods and drinks.

 

[momofthegoons]

​

Nevada Governor Signs Bill Legalizing Marijuana Consumption Lounges​

The governor of Nevada has signed a bill to legalize marijuana consumption lounges in the state.

The legislation cleared the Assembly last month and was then approved by the Senate last week before being signed by Gov. Steve Sisolak (D) on Friday.

Sponsored by Assemblyman Steve Yeager (D), the bill would create two new licensing categories for cannabis businesses in the state. One would be for “retail cannabis consumption lounges” and the other would be an “independent cannabis consumption lounge.”

Existing retailers could apply for the former license and sell products that could be consumed on-site by adults 21 and older.

Independent lounges could enter into a contract with an existing retailer to purchase and prepare ready-to-consume marijuana products for resale.

“I am thrilled that Governor Sisolak has signed AB341 into law! Consumption lounges will finally provide a lawful place for both tourists and locals to safely consume cannabis,” Yeager told Marijuana Moment. “In addition, lounges will help grow Nevada’s small business economy and create hundreds of jobs. In addition, consumption lounges will further solidify Las Vegas’ status as the entertainment capital of the world as well as THE destination for cannabis tourism.”

The state’s Cannabis Compliance Board would also be responsible for creating regulations for on-site facilities and collecting fees for license applicants. Businesses that qualify as social equity applicants would have a reduced fee.

Under the legislation, a person “who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis” is considered a social equity applicant.

The Senate also adopted an amendment, which the House later concurred with, stipulating that local governments can adopt regulations for consumption lounges that are “more restrictive” than the state rules.

The governor also recently signed bills that would reduce marijuana penalties for minors and rescind per se driving thresholds for THC.

Adding the new social use license types statewide and giving consumers this option—especially in the tourist-centric state—could boost marijuana and other tax revenues. Sisolak has had a particular interest in ensuring that those tax dollars support public education, which he talked about during a State of the State address in January.

The governor has also committed to promoting equity and justice in the state’s marijuana law. Last year, for example, he pardoned more than 15,000 people who were convicted for low-level cannabis possession.

That action was made possible under a resolution the governor introduced that was unanimously approved by the state’s Board of Pardons Commissioners.

Locally, the Las Vegas City Council in 2019 approved an ordinance allowing for social consumption sites within city limits.

That year, Alaska became the first state to enact regulations that provide for the on-site use option at dispensaries. Colorado followed suit with legislation approved that legalized cannabis “tasting rooms” and “marijuana hospitality establishments” where adults could freely use cannabis. Social consumption sites are also provided for in New York’s marijuana legalization law.

In California, the Assembly recently passed a bill that would allow local jurisdictions to permit licensed cannabis lounges to sell non-marijuana foods and drinks.

 

[Baron23]

With Consumption Lounge Bill Passed, Las Vegas Poised to Lead on Cannatourism​

Just as the summer travel season kicks off, at the tail end of pandemic isolation no less, states and countries that allow recreational marijuana use are vying to be the next hotbed for cannabis tourism.



For the most part, that means visit unique dispensaries in Los Angeles, take a harvest tour in California’s Emerald Triangle, or plan a rustic canna-experience in Mexico. What’s the next big thing on everyone’s weed agenda: on-site consumption lounges. Just look what it’s done for Canada and Amsterdam.

All eyes are on Nevada​

In Nevada, Gov. Steve Sisolak (D) recently signed a bill allowing consumption lounges in the state — both retail operations that could add a lounge and independent lounges that sell licensed products — for adults 21 and older.
It’s an especially big win for Las Vegas, which aims to quickly get back to its pre-pandemic tourism numbers, a whopping 42.5 million visitors in 2019. It already has two of the largest dispensaries in the world, a cannabis museum in the wings, and at least one current consumption lounge owned by the Las Vegas Paiute tribe ( the Las Vegas Tasting Room could open because it’s on sovereign land).
Up until now, you could only legally consume cannabis in a private residence in Nevada (although it’s likely visitors have smoked, eaten, and consumed in their hotel or rental). Like everywhere around the country, the state is rolling in tax revenue from cannabis sales. Adding consumption lounges with a bit of that Las Vegas shimmer has a lot of potential.
“Consumption lounges will finally provide a lawful place for both tourists and locals to safely consume cannabis,” Assemblyman Steve Yeager (D), who sponsored the state legislation, told Marijuana Moment. “Lounges will help grow Nevada’s small business economy and create hundreds of jobs. In addition, consumption lounges will further solidify Las Vegas’ status as the entertainment capital of the world as well as the destination for cannabis tourism.”

New York could be next​

But it’s not only Nevada. California, Illinois, Alaska, Michigan and Colorado all have approved and opened cafes and lounges where you can smoke a joint, nosh on a THC-infused salad, or sip CBD cocktails. With states like New York not just legalizing recreational weed, but including cannabis club licenses in its recently passed legislation, there’s a lot of opportunity to attract the traveling public itching for new experiences.
Blazing up on Broadway before a show? Pizza and pot tours? Just think of the possibilities.

 

[momofthegoons]

Las Vegas Police Department’s Marijuana Ban Is ‘Untenable,’ Nevada Judge Rules In Case Brought By Officer​

A former Las Vegas police officer who sued after facing termination for testing positive for marijuana scored a significant procedural victory this week, with a district judge denying the department’s request for summary judgement and agreeing that state statute protects employees’ lawful use of cannabis outside of work.

About two years after the lawsuit was filed, Judge Kathleen Delaney ruled on Tuesday that the former officer, Stuart Bowman, should not have faced the threat of being fired over the THC test.

The judge determined that the Las Vegas Metropolitan Police Department’s (LVMPD) “zero tolerance” policy for marijuana is “untenable,” according to Bowman’s attorney. She said that penalties for testing positive violated a state law prohibiting discrimination against any employee “who engages in the lawful use in this state of any product outside the premise of the employer during the employee’s nonworking hours.”

Therefore, Delaney ordered LVMPD to grant Bowman backpay, cover legal fees and reinstate him. The officer had chosen to resign in lieu of being fired.

LVMP argued that a separate statute allowed it to punish Bowman because it specifies that public and private employers are able to maintain workplace policies prohibiting the use of drugs, legal or otherwise under state law. They also cited an earlier case in Colorado where an employee was fired for off-site cannabis use and a judge upheld the termination.

Lawyers for Bowman pointed out, however, that the Colorado statute prescribed a more vague definition of what constitutes “lawful” activity, leaving open the option to terminate over marijuana use even though it’s legal in the state because it remains federally illegal. The Nevada statute, meanwhile, specifically prohibits discrimination against employs who act in compliance with state law.

To that end, the judge sided with the plaintiff. Her written motion is not yet available and may take about a week to prepare, according to the officer’s legal team.

“Officer Bowman is gratified by the court’s decision and looks forward to returning to work protecting and serving the Las Vegas community,” Adam Levine, who is representing Bowman, told Marijuana Moment.

However, he cautioned that while the department would likely agree to issue the plaintiff backpay, he expects them to appeal reinstatement—which could mean another court battle. For that reason, police who want to consume cannabis shouldn’t “light up just yet,” Levine said.

Marijuana Moment reached out to LVMPD for comment, but a representative did not respond by the time of publication.

Nevada has especially strong workplace protections with respect to cannabis. At the start of 2020, a new law took effect banning employers from refusing to hire prospective workers, with certain exceptions, based solely on a positive marijuana test.

As more states have moved to legalize cannabis for medical and adult-use, advocates, lawmakers and public officials have been revising marijuana-related employment policies.

For example, Michigan Attorney General Dana Nessel (D) recently filed a legal brief with the state’s Unemployment Insurance Appeals Commission that argues people who were fired for off-the-clock cannabis use are still eligible by law for unemployment benefits.

Last month, the mayor of Kansas City, Missouri introduced a proposed ordinance that would make it so applicants for most city government positions would not be drug tested for marijuana as a pre-employment condition.

As of last year, New York City employers are no longer able to require pre-employment drug testing for marijuana as a part of the hiring process—though there are a series of exemptions to the policy. The City Council approved the ban in 2019, and it was enacted without Mayor Bill de Blasio’s (D) signature.

At the federal level, the House recently passed a large-scale spending bill with an attached report that directs government agencies to reconsider policies that fire employees for using cannabis in compliance with state law.

Separate standalone legislation has been previously introduced by Rep. Charlie Crist (D-FL) to provide protections for federal workers who consume cannabis in compliance with state law, but it never received a hearing or a vote and has not been refiled so far this Congress.

Read the motions filed by LVMPD and the plaintiff in the marijuana case by following the title link and scrolling to the bottom of the article.

 

[bulllee]

NEWS BRIEF

Nevada cannabis consumption lounges on pace to open in 2022​

Published 4 hours ago



Nevada’s cannabis industry will have a new way to reach consumers with marijuana consumption lounges planned to open next year, a potential boon to businesses in a state that annually receives a large influx of tourists.
The prospect of a 2022 launch came to light when the state’s Interim Finance Committee approved funding to assist the Cannabis Compliance Board (CCB) in overseeing the new lounges, according to the Nevada Independent.

“All goes as planned, we’re looking at – at least the first quarter, or the first half of 2022 – not only to see the lounges open, but then also the first part is where we would start to realize that revenue,” CCB Executive Director Tyler Klimas said, according to the news outlet.
The state Legislature in June approved a bill that created two types of licenses for cannabis consumption lounges.
Nevada’s casinos and hotels don’t allow cannabis use on-site, so marijuana lounges would provide options for visitors and for Nevada residents who live in apartments or other housing situations not conducive to marijuana consumption.
The Independent reported that 59 marijuana retailers have expressed interest in opening consumption lounges.
According to the news outlet, the Interim Finance Committee approved the allocation of $10.9 million for the Cannabis Compliance Board to hire 23 full-time employees.
Those positions would handle the licensing of marijuana consumption lounges, compliance checks, background checks and determining lounge suitability, among other duties.