§ 5.22.005. Findings.

The Reno City Council finds and declares as follows:

(1)

On November 8, 2016, statewide ballot question number 2 (question 2) was passed by Nevada voters, legalizing the recreational use of marijuana by individuals aged 21 or over. Question 2 was codified as NRS Chapter 453D which exempts a person who is 21 years of age or older from state or local prosecution for possession, use, consumption, purchase, transportation or cultivation of certain amounts of marijuana.

(2)

NRS 453D.210(5)(d)(2) provides that the department shall issue up to twenty licenses to operate retail marijuana stores in the various local jurisdictions within Washoe County. The department's regulations allocate retail marijuana stores by population, and up to ten of retail marijuana stores may be allocated to the city; and

(3)

To the extent that marijuana establishments are licensed by the department 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

(4)

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 marijuana establishments may still be prosecuted under the Federal Controlled Substance Act ("CSA") regardless of whether the marijuana establishment is in compliance with state law or has received a license to operate a 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 Previous nationwide guidance to federal prosecutors specific to marijuana enforcement was rescinded by Attorney General Jefferson B. Session's Memorandum dated January 4, 2018. 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 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 Chapter 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 possession, use, consumption, purchase, transportation, cultivation, and sale of 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 453D, 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. Marijuana establishments shall cooperate with the city and each of its departments in the exercise of their duties under this chapter.

(Ord. No. 6467, § 3, 6-6-18)