§ 5.21.005. Findings.

The Reno City Council finds and declares as follows:

(1)

The Constitution of the State of Nevada Article 4, Section 38 directs the State of Nevada legislature to provide for, among other things, the authorization of appropriate methods to supply marijuana to patients authorized to use it for medical purposes. The 2013 Nevada Legislature enacted Senate Bill 374 (Chapter 457, Statutes of Nevada 2013) significantly amending NRS Chapters 372A (Tax on Controlled Substances) and Chapter 453A (Medical Use of Marijuana) to provide for exemption from criminal prosecution and the certification, taxation and regulation of medical marijuana establishments, which include dispensaries, cultivation facilities, testing laboratories and production facilities of edible marijuana products by the Nevada Division of Public and Behavioral Health of the Department of Health and Human Services (the division). The 2017 Nevada Legislature enacted Senate Bill 487 and Assembly Bill 422 which transferred the responsibility for the regulation of medical marijuana establishments to the Nevada Department of Taxation (the department); and

(2)

NRS 453A.324 provides that the department shall issue up to 13 registration certificates to operate medical marijuana dispensaries in the various local jurisdictions within Washoe County and shall further determine the appropriate number of other types of medical marijuana establishments and issue registration certificates to operate within the local jurisdictions in Washoe County. The city currently has four medical marijuana dispensaries; and

(3)

NRS 453A.326 provides that if a local jurisdiction issues business licenses, the registration certificate issued by the department is deemed to be provisional until a business license is issued and the medical marijuana establishment is in compliance with all applicable rules and ordinances of the local jurisdiction; and

(4)

To the extent that medical marijuana establishments are registered and authorized by the State of Nevada to operate in the corporate limits of the city, this city council desires to provide for their licensing and regulation to protect the public health, safety and general welfare of the citizens of the city and to regulate the use of buildings, structures, land use and business and other purposes; and

(5)

Since the use, cultivation, distribution, production, possession and transportation of marijuana remains illegal under federal law, and marijuana remains classified as a Class I controlled substance by both Nevada and federal law, those involved with medical marijuana establishments may still be prosecuted under the Federal Controlled Substance Act ("CSA") regardless of whether the medical marijuana establishment is in compliance with state law or has received a license to operate a medical marijuana establishment in the city. The enforcement of the CSA is left to federal prosecutors who decide which cases to prosecute when weighing all relevant considerations, including federal law enforcement priorities set by the Attorney General. Previous nationwide guidance to federal prosecutors specific to marijuana enforcement was rescinded by Attorney General Jefferson B. Session's Memorandum dated January 4, 2018. This chapter is intended to implement NRS 453A and to establish criteria for the issuance of licenses that are a prerequisite for the exemption from state prosecution provided for in NRS 453A. A license issued pursuant to this chapter does not provide any exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the possession, use, consumption, purchase, transportation or cultivation of marijuana under federal law. The city council does not have the authority to, and nothing in this chapter is intended to, authorize, promote, condone or aid the possession, use, consumption, purchase, transportation or cultivation of marijuana in violation of any applicable law, including, without limitation, the CSA; and

(6)

The city council declares that this chapter is an exercise of the regulatory powers delegated to the city council pursuant to the city charter and NRS 268. The regulations contained in this chapter involve, to the highest degree, the economic, social, physical and moral well-being of the residents and taxpayers of the city. The cultivation, distribution, production and sale of medical marijuana is not a matter of right but of privilege which would otherwise be unlawful under state law if it were not conducted pursuant to NRS 453A, local land use regulations and a license under this chapter. Nothing in this chapter shall be construed to confer any claim of entitlement to any benefit which might otherwise devolve upon any licensee. This privilege may be denied, revoked, conditioned, suspended or subjected to any other disciplinary action by the city in the exercise of its police powers for the protection of the safety, welfare, health, peace and morals of the residents and taxpayers thereof. Medical marijuana establishments shall cooperate with the city and each of its departments in the exercise of their duties under this chapter.

(Ord. No. 6341, § 3, 8-20-14, eff. 8-22-14; Ord. No. 6467, § 2, 6-6-18)