Katelyn Baker
Well-Known Member
On Sunday, the recreational use of marijuana will become legal in Nevada following passage of the state's "Question 2" during this year's elections.
The law will allow adults 21 and older to possess up to an ounce of cannabis or one-eighth ounce of cannabis concentrate with the start of the new year, but the need for Nevada to establish a licensing and taxation infrastructure means it will be a while yet before individuals can actually buy pot if they don't already have a medical marijuana prescription card.
"A lot of them seem to think that when Jan. 1 hits, everything's going to be legal and open. ... But it's going to take a while to set a template," said Jim Bergen, a dispensary manager at Mesquite's Deep Roots Harvest medical marijuana outlet.
Deep Roots opened in two buildings with a 90,000-square-foot footprint in August following Nevada's legalization of marijuana for medicinal purposes in 2014. As such, the Mesquite company is ideally poised to begin offering marijuana for recreational use as well if the state follows the precedent set in Oregon and other states where first medical marijuana and then recreational marijuana were legalized.
In those states, already operating medical pot dispensaries were allowed to fast-track recreational sales authorization while their governments worked through regulations for the industry.
In Nevada, the Department of Taxation is responsible for developing licensing qualifications and procedures, as well as the regulation of businesses that deal in the drug's cultivation, distribution and retail sales.
The law allows the agency until January 2018 to finalize the rules for legal sales.
"The Department is already working to develop temporary regulations," Deonne Contine, the agency's executive director, stated in a news release following last month's elections. "We intend to hold a public workshop very early in 2017 and then have our temporary regulations adopted so we can begin issuing licenses."
In the meantime, the department will be working on permanent regulations, which ultimately need to be reviewed by the Legislative Counsel Bureau, according to the news release.
"To set that for July 1 would be hopeful," Bergen said, anticipating that it may be closer to the end of the year before Deep Roots can begin recreational-use sales.
Especially since the Mesquite City Council has yet to establish how the city will respond to the new law.
Section 2-14-1 (8) of the municipal code states, "Nothing in this chapter shall be construed to pave the way for the legalization of 'recreational' marijuana. The city council further finds that, should the citizens of the state of Nevada ever vote to legalize recreational marijuana, such legalization shall not be approved in the city of Mesquite without approval of the voters in Mesquite on a local referendum, barring any action of the legislature to make such legalization mandatory in all Nevada's cities and towns."
Since cities can decide whether to allow recreational marijuana sales within their limits, Deep Roots representatives are pressing the council to declare its intent. But following a "lengthy discussion" Dec. 13, the council tabled any further consideration until Jan. 10 with the expectation of developing the city's stance before the legislative session begins Jan. 25.
Deep Roots' closest competition is in Las Vegas, but Bergen said he expects expansion of the allowed use to bring in more customers and more businesses selling marijuana.
"If someone is coming in recreationally, they almost certainly are from out of state," Bergen said, drawing on his experience in Colorado when the drug's use was legalized there. "Initially, we'll likely see the price of cannabis rise, then eventually drop off."
But the delay in establishing a legal infrastructure could be a boon for underground operations since users can possess marijuana as long as they aren't caught illegally buying it.
"My personal fear is that, because we don't have a process to purchase it, that it's going to create a black market, where the product will be inferior because it won't be grown and tested the way our medical product is," Nevada Sen. Tick Segerblom told the Nevada News Service. "And it won't be taxed, so the state won't be getting the revenue that we hope to get from legalized marijuana."
Segerblom said he'll propose a legislative bill in February to immediately allow medical marijuana dispensaries to sell their product to people over 21, even if they don't have a medical marijuana card.
The law allows marijuana sales to be taxed at a 15 percent rate.
"In Oregon, when they did an early-start program through their medical program, their taxes were $5 million a month, the first month that it was implemented," he said. "And Oregon is about the same size as Nevada and actually has a much smaller tourism base, so I think $5 million is a very conservative estimate."
Segerblom said he anticipates Nevada will make $60 million per year taxing the drug purchases as sales become legal statewide.
There are about 60 dispensaries licensed to sell medical marijuana in Nevada, though some aren't in operation yet. About 25,000 Nevadans have medical marijuana cards, a number that grows by a thousand people per month, according to the news service.
Segerblom said his early-start bill would not require recreational users to be registered in any state database.
Bergen added that Nevada is the only state where medical marijuana is legal that has a reciprocity agreement with the other states, allowing an Oregon or Colorado medical marijuana patient to present a prescription card out of state and receive services.
"A lot of patients who've come in since (voters determined we're) going recreational have asked, 'Should we just get rid of our medical cards?'" he said. "My strong advice has been, 'No.' Because ... I would think the recreational and medical market would be taxed different. I'm almost sure of it. ... If somebody comes in on a flight and they're playing golf, (recreational marijuana use for them) might be double the price."
Southern Utah's proximity to Southern Nevada has generated concern about the new law within Utah's drug rehabilitation industry, especially in light of the possibility that children will come within a marijuana smoker's orbit.
"As prevention and treatment specialists who deal with drug use and addiction every day, we are very concerned about the slackening in laws surrounding this psychoactive drug," Logan Reid, the director of Prevention and Education Services at the Southwest Behavioral Health Center, told The Spectrum last month.
"Research shows marijuana can damage the teen brain, cause addiction, affect memory and learning, decrease motivation, increase onset of mental illness and impair motor skills. Lawmakers should adopt drug policies that promote a healthy community — no smoking, vaporizing, or eating marijuana," he said. "More people are receiving treatment for marijuana addiction than any other illicit drug."
And Brian Besser, Drug Enforcement Administration District Agent in Charge over the state of Utah, reaffirmed the federal agency's opposition to reducing the classification of marijuana from a Schedule 1 drug to Schedule 2, which some advocates are seeking as part of an effort to study marijuana's medicinal value.
"DEA does not recognize marijuana as having any medical use," he said, citing a 180-page report published in September by the Rocky Mountain High Intensity Drug Trafficking Area's Investigative Support Center. "What other type of medical product do you smoke? ... DEA refuses to ignore the scientific data."
Utah Highway Patrol Sgt. Todd Royce said the state's drug interdiction efforts are "pretty robust" and he doesn't anticipate a change in the agency's staffing or the establishment of checkpoints as a result of the Nevada law's passage.
"The laws haven't changed here ... so if people bring marijuana into the state, it's still illegal," he said. "We'll follow the laws of this state and they will face charges."
Bergen, for his part, said Nevada's medical marijuana policy has helped drug users in a different sense.
"Percentages of our patients use their medical cards to wean off the opioid pills the doctors are prescribing," he said, opining that painkillers are too easy to obtain and more harmful.
"States (that legalize drug use) like that are backward in their thinking," Bergen said. "People picking on the cannabis industry are either under-educated or improperly educated."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Nevada's Marijuana Use To Be Legal Sunday, To A Degree
Author: Kevin Jenkins
Contact: The Spectrum
Photo Credit: The Spectrum
Website: The Spectrum
The law will allow adults 21 and older to possess up to an ounce of cannabis or one-eighth ounce of cannabis concentrate with the start of the new year, but the need for Nevada to establish a licensing and taxation infrastructure means it will be a while yet before individuals can actually buy pot if they don't already have a medical marijuana prescription card.
"A lot of them seem to think that when Jan. 1 hits, everything's going to be legal and open. ... But it's going to take a while to set a template," said Jim Bergen, a dispensary manager at Mesquite's Deep Roots Harvest medical marijuana outlet.
Deep Roots opened in two buildings with a 90,000-square-foot footprint in August following Nevada's legalization of marijuana for medicinal purposes in 2014. As such, the Mesquite company is ideally poised to begin offering marijuana for recreational use as well if the state follows the precedent set in Oregon and other states where first medical marijuana and then recreational marijuana were legalized.
In those states, already operating medical pot dispensaries were allowed to fast-track recreational sales authorization while their governments worked through regulations for the industry.
In Nevada, the Department of Taxation is responsible for developing licensing qualifications and procedures, as well as the regulation of businesses that deal in the drug's cultivation, distribution and retail sales.
The law allows the agency until January 2018 to finalize the rules for legal sales.
"The Department is already working to develop temporary regulations," Deonne Contine, the agency's executive director, stated in a news release following last month's elections. "We intend to hold a public workshop very early in 2017 and then have our temporary regulations adopted so we can begin issuing licenses."
In the meantime, the department will be working on permanent regulations, which ultimately need to be reviewed by the Legislative Counsel Bureau, according to the news release.
"To set that for July 1 would be hopeful," Bergen said, anticipating that it may be closer to the end of the year before Deep Roots can begin recreational-use sales.
Especially since the Mesquite City Council has yet to establish how the city will respond to the new law.
Section 2-14-1 (8) of the municipal code states, "Nothing in this chapter shall be construed to pave the way for the legalization of 'recreational' marijuana. The city council further finds that, should the citizens of the state of Nevada ever vote to legalize recreational marijuana, such legalization shall not be approved in the city of Mesquite without approval of the voters in Mesquite on a local referendum, barring any action of the legislature to make such legalization mandatory in all Nevada's cities and towns."
Since cities can decide whether to allow recreational marijuana sales within their limits, Deep Roots representatives are pressing the council to declare its intent. But following a "lengthy discussion" Dec. 13, the council tabled any further consideration until Jan. 10 with the expectation of developing the city's stance before the legislative session begins Jan. 25.
Deep Roots' closest competition is in Las Vegas, but Bergen said he expects expansion of the allowed use to bring in more customers and more businesses selling marijuana.
"If someone is coming in recreationally, they almost certainly are from out of state," Bergen said, drawing on his experience in Colorado when the drug's use was legalized there. "Initially, we'll likely see the price of cannabis rise, then eventually drop off."
But the delay in establishing a legal infrastructure could be a boon for underground operations since users can possess marijuana as long as they aren't caught illegally buying it.
"My personal fear is that, because we don't have a process to purchase it, that it's going to create a black market, where the product will be inferior because it won't be grown and tested the way our medical product is," Nevada Sen. Tick Segerblom told the Nevada News Service. "And it won't be taxed, so the state won't be getting the revenue that we hope to get from legalized marijuana."
Segerblom said he'll propose a legislative bill in February to immediately allow medical marijuana dispensaries to sell their product to people over 21, even if they don't have a medical marijuana card.
The law allows marijuana sales to be taxed at a 15 percent rate.
"In Oregon, when they did an early-start program through their medical program, their taxes were $5 million a month, the first month that it was implemented," he said. "And Oregon is about the same size as Nevada and actually has a much smaller tourism base, so I think $5 million is a very conservative estimate."
Segerblom said he anticipates Nevada will make $60 million per year taxing the drug purchases as sales become legal statewide.
There are about 60 dispensaries licensed to sell medical marijuana in Nevada, though some aren't in operation yet. About 25,000 Nevadans have medical marijuana cards, a number that grows by a thousand people per month, according to the news service.
Segerblom said his early-start bill would not require recreational users to be registered in any state database.
Bergen added that Nevada is the only state where medical marijuana is legal that has a reciprocity agreement with the other states, allowing an Oregon or Colorado medical marijuana patient to present a prescription card out of state and receive services.
"A lot of patients who've come in since (voters determined we're) going recreational have asked, 'Should we just get rid of our medical cards?'" he said. "My strong advice has been, 'No.' Because ... I would think the recreational and medical market would be taxed different. I'm almost sure of it. ... If somebody comes in on a flight and they're playing golf, (recreational marijuana use for them) might be double the price."
Southern Utah's proximity to Southern Nevada has generated concern about the new law within Utah's drug rehabilitation industry, especially in light of the possibility that children will come within a marijuana smoker's orbit.
"As prevention and treatment specialists who deal with drug use and addiction every day, we are very concerned about the slackening in laws surrounding this psychoactive drug," Logan Reid, the director of Prevention and Education Services at the Southwest Behavioral Health Center, told The Spectrum last month.
"Research shows marijuana can damage the teen brain, cause addiction, affect memory and learning, decrease motivation, increase onset of mental illness and impair motor skills. Lawmakers should adopt drug policies that promote a healthy community — no smoking, vaporizing, or eating marijuana," he said. "More people are receiving treatment for marijuana addiction than any other illicit drug."
And Brian Besser, Drug Enforcement Administration District Agent in Charge over the state of Utah, reaffirmed the federal agency's opposition to reducing the classification of marijuana from a Schedule 1 drug to Schedule 2, which some advocates are seeking as part of an effort to study marijuana's medicinal value.
"DEA does not recognize marijuana as having any medical use," he said, citing a 180-page report published in September by the Rocky Mountain High Intensity Drug Trafficking Area's Investigative Support Center. "What other type of medical product do you smoke? ... DEA refuses to ignore the scientific data."
Utah Highway Patrol Sgt. Todd Royce said the state's drug interdiction efforts are "pretty robust" and he doesn't anticipate a change in the agency's staffing or the establishment of checkpoints as a result of the Nevada law's passage.
"The laws haven't changed here ... so if people bring marijuana into the state, it's still illegal," he said. "We'll follow the laws of this state and they will face charges."
Bergen, for his part, said Nevada's medical marijuana policy has helped drug users in a different sense.
"Percentages of our patients use their medical cards to wean off the opioid pills the doctors are prescribing," he said, opining that painkillers are too easy to obtain and more harmful.
"States (that legalize drug use) like that are backward in their thinking," Bergen said. "People picking on the cannabis industry are either under-educated or improperly educated."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Nevada's Marijuana Use To Be Legal Sunday, To A Degree
Author: Kevin Jenkins
Contact: The Spectrum
Photo Credit: The Spectrum
Website: The Spectrum
