Medical Marijuana Dispensaries Face Regulatory and Costly Hurdles

Written by: The Law Offices of Garrett T. Ogata

Nevada’s Governor signed SB 374 and has made it legal for medical marijuana dispensaries to open in the state of Nevada.  However, the process to go about opening a medical marijuana dispensary will be costly and limited to only a certain number per county.

Some things to note if one is considering opening a medical marijuana dispensary:

Physical address may not be within 1000 feet of public or private school that provides formal education associated with preschool or kindergarten through grade 12; or

300 feet of a community facility;

Applicant controls not less than $250,000 in liquid assets to cover expenses;

Evidence that applicant owns property on which medical marijuana establishment will be located; or

Has written permission of property owner to operate the proposed medical marijuana establishment on that property;

If city, town, or county has enacted zoning restrictions, proof of licensure with the applicable local government authority or a letter from the applicable local government certifying compliance with restrictions and building requirements;

Must be located in a separate building or facility that is located in a commercial or industrial zone or overlay;

Have discrete and professional signage;

Pay a one-time nonrefundable application fee of $5,000 and processing cost; and

Initial issuance of a medical marijuana establishment registration certificate for a dispensary shall not be more than $30,000.

The nonrefundable application fee alone may be enough to deter many applicants.  The above are only a few of the hurdles that one will have to undertake in order to apply and get a certificate.

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