Medicinal marijuana in Nevada

Medicinal marijuana in Nevada refers to a government-sanctioned program in Nevada allowing individuals suffering from chronic conditions to legally consume cultivated marijuana (cannabis sativa) or products containing marijuana chemical derivatives like THC and CBD.[1] By early 2016, there were about "11,000 medical-card holders" living in southern Nevada.[2] Nevada is a state which recognizes reciprocity for out-of-state marijuana card holders,[3] with some dispensaries estimating that around half of their business comes from out-of-state cardholders.[2]

History

Legalization in Nevada (2000-2001)

Medical marijuana use in Nevada was made legal on November 7, 2000 following the passage of ballot question 9 during the general election.[4] 65.38% of voters voted “Yes” on the measure while 34.62% voted “No.” Ballot question 9 came into legal effect on October 1, 2001 pursuant to NRS 453.[5]

Delays and permit process (2002-2013)

Following the establishment of NRS 453, broad language in the statute prevented the erection of a state licensure program for commercial businesses.[6] Personal cultivation of marijuana for private medicinal use was the only available means of consumption, with a maximum of 12 plants allowed Following the passage of NRS 453, medical marijuana advocates and commercial business owners criticized the Nevada’s slow handling of the legislative and regulatory process.[7] One 42 year-old Las Vegas resident even filed a class-action lawsuit alleging that Nevada’s medical marijuana registration program was unconstitutional for its excessive impedances and delays.[8]

First commercial operations (2013-2016)

It was not until June 12, 2013 when Senate Bill 374 was passed and signed into law by Governor Brian Sandoval that commercial distribution was made possible. The process, however, continued to take time. A contributing factor to the state’s slow commercial license approval process was the limited availability of licenses and a lengthy scoring and ranking system.[9] The first Provisional certificates for legal commercial medical marijuana operations were limited to 372 businesses within the state: 182 for cultivation, 118 for production, 55 for dispensaries and 17 for independent testing laboratories.[10] 12 licenses were initially awarded to dispensaries,[2] sparking "fierce competition" among applicats.[2] Journalist Bruce Barcott of Leafly posited that the thorough vetting process created a favorable environment to patients of the dispensaries, as "applicants were graded in a host of categories — security, financing, environmental plan, etc. — and the most robust business plans won the coveted licenses. For patients, that means the dispensaries are well financed, beautifully designed, and expertly managed."[2]

The Nevada Department of Health and Human Services states that there were 9,542 cardholding participating patients as of July 2015. 6716 of these patients were located within Clark County.[1] As of February 3, 2016, there are 5 laboratories, 19 cultivation facilities, 8 production facilities and 15 licensed dispensaries operating in Clark County. Sales figures as of that time were not available, but one dispensary assistant manager estimates that they receive 50 to 70 patients a day on average, roughly 60% of which are tourists.[11] At the time, there were about "11,000 medical-card holders" living in southern Nevada.[2]

Overview

State law currently allows for the possession of 2.5 ounces of consumable marijuana in any 14-day period (NRS 453A.160). Twelve marijuana plants are permitted, irrespective of their maturity (NAC 453A.080). Consumable products are permitted with an equivalent content of psychoactive compounds such as THC (NRS 453A.112). The state of Nevada conducted a public workshop on February 4, 2016 in order to solidify proposed changes to NRS 453 defining serving sizes for edible products containing THC as well as clarifying language within the statute.

The following are approved conditions for legal medical use of marijuana or marijuana products:[12]

The State of Nevada maintains strict control over the use of medical marijuana in certain situations.[13] Consumption in a public place, at a detention or correctional facility or during delivery of marijuana to another person is illegal. Being under the influence of marijuana while driving is illegal. The state maintains a permissible limit of 10 nanograms of THC per milliliter of urine and 2 nanograms per milliliter of blood when operating motor vehicles. Operating an aircraft while under the influence is illegal. Possession of a firearm, licensed or unlicensed, while under the influence is illegal.

Additionally, performing certain recreational activities while under the influence of marijuana is illegal. (For instance, operating a water ski, surfboard, windsail or similar device.)

Application process for an MMR card

The process of obtaining a permit to consume medical marijuana in Nevada begins with the applicant paying the $25.00 application fee for their application packet. Upon receiving the packet, they must satisfy the needed documentation and return the packet to the state Division of Public and Behavioral Health. Needed materials include an attending physician’s statement from a Nevada board-certified physician in good standing, a legal waiver and proof of Nevada residency.

Applicants mail the application along with a $75 registration fee. The application is verified for completeness, and the applicant undergoes a background check for drug-related criminal history. If no felony charges for distribution or trafficking of controlled substances, the applicant will be approved for their MMR card subject to further approval by the Division. An approval letter is sent, which the patient may use for 14 days as a viable permit until their photo ID MMR card is received in the mail.

Registry cards must be renewed yearly.[14] Anyone leaving the registry program must surrender their card to the state within 7 days.

Reciprocity for other programs

Nevada is a state which recognizes reciprocity for out-of-state marijuana card holders.[3] For example, the state of Nevada recognizes MMR and MMJ cardholders from other states with regulated medical marijuana programs, such as Colorado and Washington. According to Leafly, permissive practices and a strong tourism industry in Las Vegas has made the city a viable test case for how reciprocity policies affect income for the medical marijuana and tourism industries.[3]

Dispensaries in Las Vegas

The first dispensary to begin operations within Las Vegas, Nevada was Euphoria Wellness,[15] which opened to patients on August 24, 2015.[16] Since then, seven other dispensaries have opened with the Las Vegas city limits.

See also

References

  1. 1 2 "Division of Public and Behavioral Health Medical Marijuana Program" (PDF).
  2. 1 2 3 4 5 6 Barcott, Bruce (January 31, 2016). "Reciprocity, Baby: Leafly's Medical Cannabis Guide to Las Vegas". Leafly. Retrieved 2016-07-30.
  3. 1 2 3 "Leafly's Medical Cannabis Guide to Las Vegas".
  4. ↑ "Nevada Medical Marijuana Act".
  5. ↑ "CHAPTER 453A - MEDICAL USE OF MARIJUANA".
  6. ↑ "First medical marijuana sales in Nevada".
  7. ↑ "Euphoria Wellness Frustrated by Delays".
  8. ↑ "Judge rules Nevada's medical marijuana registration program is constitutional".
  9. ↑ "The Slow Roll of Medical Marijuana".
  10. ↑ "MEDICAL MARIJUANA ESTABLISHMENTS".
  11. ↑ "Medical Marijuana Facilities Fill Up During Holidays".
  12. ↑ "Nevada Medical Marijuana Law".
  13. ↑ "State of Nevada Medical Marijuana Legal Info" (PDF).
  14. ↑ "Medical Marijuana Program Facts" (PDF).
  15. ↑ "Euphoria Wellness".
  16. ↑ "First Las Vegas-area marijuana dispensary to open".
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