Katelyn Baker
Well-Known Member
The Elko Daily Free Press is counting down the days until marijuana is legal in Nevada by answering questions concerning the law.
Q: How much control will local governments have over recreational marijuana?
A: As the law is written, local governments can't prohibit the legal use and cultivation of marijuana, but there is some speculation on how much control they have over accommodating the businesses selling the drug.
Cities and counties can't prohibit individuals from possessing and using weed as long as they are 21 or older. However, cities and counties can adopt and enforce "local marijuana control measures pertaining to zoning and land use for marijuana establishments," states the initiative. Whether this translates into cities and counties prohibiting marijuana establishments is up for debate.
The Department of Taxation has 12 months from Jan. 1 to adopt all regulations necessary to carry out the initiative that legalized recreational weed. According to the law, "the regulations must not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable."
Unlike the medical marijuana law, which allows cities and counties to prohibit weed businesses, the initiative for recreational pot was not as clear cut.
According to research done by the Kenny C. Guinn Center for Policy Priorities, local governments don't have an "opt out" option.
State Sen. Tick Segerblom, however, told the Las Vegas Sun that local governments would have the right to vote on whether they want to allow recreational marijuana facilities, too.
When asked why he had that interpretation of the law, he told the Free Press, "Because I believe the language allowing local governments to 'adopt and enforce local marijuana control measures pertaining to zoning and land use for marijuana establishments' means they can adopt measures that prohibit recreational marijuana — they just need to use their imagination."
Assemblyman John Ellison disagrees that local governments will be able to prohibit recreational weed businesses, like they did for medical marijuana.
The two laws do have different wording pertaining to local governments. The medical marijuana law allowed cities and counties to enact "zoning restrictions." The recreational weed law allows localities to adopt and enforce "marijuana control measures pertaining to zoning and land use for marijuana establishments."
Elko County Manager Rob Stokes said the attorney general may have to weigh in on the issue.
He said the Nevada Association of Counties board of directors is questioning if local governments can keep recreational marijuana business from setting up shop.
Elko County Commissioners voted in 2014 to prohibit medical marijuana establishments in the unincorporated areas of the county. Elko City also has a prohibition on medical weed dispensaries.
Stokes said the County will wait to see what the Department of Taxation and the Legislature do concerning the law.
"There is speculation that the Legislature may make some changes," he said.
The Nevada Legislature begins the 2017 session on Feb. 6.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Countdown To Legal Pot - Local Control Of Recreational Marijuana
Author: Marianne Kobak McKown
Contact: 775-738-3118
Photo Credit: None Found
Website: Elko Daily Free Press
Q: How much control will local governments have over recreational marijuana?
A: As the law is written, local governments can't prohibit the legal use and cultivation of marijuana, but there is some speculation on how much control they have over accommodating the businesses selling the drug.
Cities and counties can't prohibit individuals from possessing and using weed as long as they are 21 or older. However, cities and counties can adopt and enforce "local marijuana control measures pertaining to zoning and land use for marijuana establishments," states the initiative. Whether this translates into cities and counties prohibiting marijuana establishments is up for debate.
The Department of Taxation has 12 months from Jan. 1 to adopt all regulations necessary to carry out the initiative that legalized recreational weed. According to the law, "the regulations must not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable."
Unlike the medical marijuana law, which allows cities and counties to prohibit weed businesses, the initiative for recreational pot was not as clear cut.
According to research done by the Kenny C. Guinn Center for Policy Priorities, local governments don't have an "opt out" option.
State Sen. Tick Segerblom, however, told the Las Vegas Sun that local governments would have the right to vote on whether they want to allow recreational marijuana facilities, too.
When asked why he had that interpretation of the law, he told the Free Press, "Because I believe the language allowing local governments to 'adopt and enforce local marijuana control measures pertaining to zoning and land use for marijuana establishments' means they can adopt measures that prohibit recreational marijuana — they just need to use their imagination."
Assemblyman John Ellison disagrees that local governments will be able to prohibit recreational weed businesses, like they did for medical marijuana.
The two laws do have different wording pertaining to local governments. The medical marijuana law allowed cities and counties to enact "zoning restrictions." The recreational weed law allows localities to adopt and enforce "marijuana control measures pertaining to zoning and land use for marijuana establishments."
Elko County Manager Rob Stokes said the attorney general may have to weigh in on the issue.
He said the Nevada Association of Counties board of directors is questioning if local governments can keep recreational marijuana business from setting up shop.
Elko County Commissioners voted in 2014 to prohibit medical marijuana establishments in the unincorporated areas of the county. Elko City also has a prohibition on medical weed dispensaries.
Stokes said the County will wait to see what the Department of Taxation and the Legislature do concerning the law.
"There is speculation that the Legislature may make some changes," he said.
The Nevada Legislature begins the 2017 session on Feb. 6.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Countdown To Legal Pot - Local Control Of Recreational Marijuana
Author: Marianne Kobak McKown
Contact: 775-738-3118
Photo Credit: None Found
Website: Elko Daily Free Press
