After a years-long lobby and multiple attempts at legalization, marijuana advocates, activists, and voters finally passed recreational marijuana legalization in Nevada. What the legalization of recreational marijuana and the launch of July 7, 2017, sales means for medical and recreational marijuana smokers who will be spending time in any recreational marijuana dispensary.
How much weed is legal and for whom:
As of January 8, 2017, adults over the age 21 can legally possess and purchase up to an ounce of marijuana flower and an eighth of marijuana concentrate at a time, for recreational use. Medical marijuana patients are able to purchase at 18 (with a valid doctor’s recommendation and medical marijuana card) and can buy up to 2.5 ounces of ‘useable’ cannabis within a two-week period.
Per Nevada state law, ‘useable’ cannabis includes:
- Marijuana edibles
- Concentrates, including vape pens and cartridges
Who can purchase weed:
Any adult who is 21 or older, or who has a valid state-issued medical marijuana card can buy cannabis at a medical marijuana dispensary. Out-of-state cards are accepted, and minors who have been approved for a medical marijuana prescription can also purchase their medication from a dispensary as long as a parent or guardian is there to sign a “Minor Release Form.” Parents or guardians will also need to confirm their position as caregiver for the minor as well.
Restrictions on marijuana purchases:
Although the state declared permanent the emergency rules put into place after recreational marijuana legalization, Nevada marijuana dispensaries are still working with regulators to finetune the set of regulations and procedures surrounding recreational marijuana to ensure the continued safety of cannabis consumers in Sin City and Greater Nevada.
Those with a valid medical license can buy up to two and a half ounces of marijuana flower or concentrate within a two-week period. Keep in mind that these weights are based on the total weight of cannabinoids in each kind of product and that the state tracks purchases in real time to prevent patients from tricking the system by going to different dispensaries.
Restrictions on marijuana consumption:
As of January 2018, legal recreational marijuana consumption is still for private use only. It is illegal to smoke in public and doing so will result in a ticket, a fine, or both. Fortunately, the state and industry leaders have been proactive in solving this issue, and continue to do so in 2018.
Looking Back at the Green Rush Will in Nevada
By working together with leaders in the local industry, state representatives, medical marijuana advocates, and leaders in the community, the Silver State successfully streamlined a licensing process for recreational marijuana sale and use that not even California and Colorado can compete with.
Even with the launch of the California recreational marijuana market, the cannabis industry in Nevada has continued to accomplish incredible growth; with Nevada lawmakers rallying in the New Year to protect the cannabis industry, despite the most recent attacks on the community by the current US Attorney General.
As of May 2017, more than a dozen different bills regarding the use and sale of recreational marijuana in Nevada had been proposed or are under review by the state assembly. Although the laws cover everything from revisions of previously prohibited actions involving the use of marijuana to the taxation of the cannabis industry, there are two bills concerning the sale and consumption of recreational marijuana that recreational consumers should know about.
Recreational marijuana sales legalized by Bill 302
Before the introduction of Senate Bill 302 to the state’s judiciary committee, smokers of recreational marijuana were caught in a catch 22. While they could legally possess up to an ounce of marijuana without fear of legal persecution, without a state-issued medical license, it is illegal to purchase marijuana in the state.
Furthermore, it is also in violation of both state and federal laws to travel across state lines with their flower or marijuana concentrates. Fortunately, SB302 not only provides for an ‘early start’ program for recreational marijuana sales, but it also establishes the foundation for Nevada’s approach to taxing and governing the state’s recreational marijuana industry.
In early May 2017, state representatives from a joint meeting of the Senate committees responsible for the regulation of the newly legal recreational marijuana industry made good on their promises that recreational marijuana sales would begin as early as July 1, 2017. At that time, those medical marijuana facilities who submitted their applications for recreational sales and are approved by the state will be able to sell marijuana to both medical and recreational pot smokers who are 21 or older.
To be approved by the state for recreational sale, dispensaries grow, and other cannabis industry businesses must be deemed “in good standing” by the state and must have paid their taxes by or at the time of their application. May 30th was the last day to submit these applications, and the state has yet to review and approve them at this time. (Keep up with our marijuana blog to get more recreational marijuana legalization updates as they come!)
2017 rules were temporary measures only
Keep in mind that the ‘early start’ program was only effective through the end of 2017. The interim proposal served the dual purpose of providing a security measure for the state while allowing the marijuana industry’s new governing body, the Department of Taxation, the opportunity to identify and solve any potential issues with the purchase and sale of recreational marijuana sales before issuing longer-term state certifications next year.
The spontaneity and flexibility of the temporary measures also allowed the state to immediately begin seeing the benefit of the estimated $70 million of revenue promised by Governor Brian Sandoval’s proposed 2018-2019 budget sooner rather than later.
Public consumption bill dies in the Senate
Even if you aren’t a resident of Nevada, it’s likely that you’ve already heard of SB236, especially if you like to keep tabs on the developments of the cannabis industry in the United States. Although Nevada is the seventh state to fully legalize marijuana for recreational and medicinal purposes, this bill had the Silver State on the fast track to becoming the first state in the nation to create a legislative space for weed lounges and weed consumption at special events. However, due to mixed signals from the federal government and news of Governor Sandoval’s reluctance to court federal ire, the development public consumption laws in the Silver State is currently at a standstill.
Backed by casinos…at a distance
Almost 50 million tourists raked in more than 70 billion dollars for the casino industry last year. Many of those tourists were Americans and, with 30 states having decriminalized marijuana laws on the books, casinos need somewhere for their guests to go.
Despite the decriminalization of marijuana in most states, the drug itself remains a Federal Schedule One drug, which means that the federal government does not officially recognize the medical or therapeutic functions of marijuana and considers it to be both highly addictive and dangerous. Although these stances have been debunked, marijuana remains a schedule one drug. This is all despite pushes from patients, advocates, and industry lobbyists to change its classification.
Because the gaming industry is also regulated by federal law, casinos cannot allow or appear to endorse the consumption of any federally scheduled substances without threatening their entire operation. Nevertheless, casinos need—and want—the business that marijuana smoking tourists bring to the Silver State. According to Nevada Gaming Commission Chairman Tony Alamo, having weed lounges located away from gaming properties would help keep marijuana out of the resorts while giving tourists a legal place to consume cannabis.
Weed lounges may be coming to a location near you, just not yet
With more than 150 different businesses holding medical marijuana licenses eligible to apply for recreational marijuana sales and distribution, legislators and industry giants are working to provide an answer to the increasingly urgent questions: where will the tourists go to smoke weed?
Although Denver was the first state to pass legislation legalizing weed lounges, Nevada’s SB236 flew through both the Senate and state assembly before it died. The Bill was sponsored by Democrat Senator Tick Segerblom, who coincidentally co-sponsored many of the 19 marijuana bills reviewed in 2017. Like many of these related measures, SB236 was intended to grant people the right to use marijuana outside of their homes and at special concerts or events.
In proposing the bill, Segerblom noted that Las Vegas has more than 40 million tourists who, as of January 1st, 2017, were able to purchase marijuana legally but not consume it. “If you don’t have a place to use it, they’re going to be using it in casinos and hotel rooms,” he said. “The industry is recognizing that we need to have places where people can go.”
Sorry guys, still no smoking on The Strip
Based on the streamlined advancement of the legislative framework for Nevada’s cannabis industry, soon Nevadans and tourists alike will both be able to buy marijuana from a local dispensary and head next door to or down the street to a marijuana lounge where they can safely—and legally—consume cannabis.
Keep in mind, however, that many of the proposed amendments to the bill include limitation not only on where these lounges can be located (at least 1,000 feet away from a public or community space, among other restrictions) but also on the kinds of events that can qualify as a “special marijuana event.”
2017 Marijuana Bills Nevada Voters Should Know About
For those interested in the other marijuana-related bills floating in the Nevada legislature, here’s a quick guide on marijuana-related legislation in Nevada that have been proposed, reviewed, or passed:
- AB135: Revises provisions relating to prohibited acts concerning the use of marijuana and the operation of a vehicle or vessel
- AB259: Revises provisions relating to certain criminal convictions and sentences
- AB345: Provides for the vacating of certain judgments of conviction relating to marijuana
- AB422: Revises current provisions concerning the use of marijuana
- AB463: Revises current provisions relating to the taxation of marijuana
- SB228: Revises current provisions concerning registry identification cards and letters of approval
- SB236: Requires that a license or permit be issued by local governments to operate businesses where the use of marijuana is allowed, or that will permit the use of marijuana at specified events
- SB277: Revises current provisions relating to criminal justice information
- SB302: Establishes provisions for an ‘early start’ program for recreational marijuana sales
- SB329: Revises the various provisions relating to marijuana concerning health and regulation
- SB341: Revises provisions relating to medical marijuana establishments
- SB344: Revises various provisions relating to the labeling, packaging, and advertising of marijuana
- SB351: Establishes provisions relating to the ability of an individual who uses medical marijuana to possess a firearm or hold a concealed firearm permit
- SB374: Revises provisions relating to the use of marijuana or industrial hemp
- SB375: Authorizes agreements between the Governor and Indian tribes in this State relating to the regulation of the use of marijuana
- SB378: Revises provisions relating to controlled substances
- SB416: Authorizes the formation of legal apprenticeship programs for medical marijuana establishment agents
- SB487: Revises provisions relating to sales of marijuana and related products
- SB508: Imposes an excise tax on sales of marijuana and related products by a retail marijuana store
Keep Up on Recreational Marijuana News with Las Vegas ReLeaf
As the legislative wheels help the cannabis industry turn over a new recreational leaf, Las Vegas ReLeaf, remains committed to offering patients a safe and legal way to get their ReLeaf. Follow us on Facebook and Twitter to receive weekly updates on the new developments in our marijuana dispensary.