7.15.2013

Choosing a Medical Marijuana Dispensary in Nevada

Written by: The Law Offices of Garrett T. Ogata

Choosing a Medical Marijuana Dispensary Location in Nevada NRS SB 374

Besides all the monetary and background requirements, choosing a location for a Medical Marijuana Dispensary will prove to be another hurdle that Medical Marijuana Entrepreneurs will have to overcome.

When choosing a location, one will have to comply with the following requirements:

  • The physical address must not be within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date which the application for the proposed medical marijuana establishment was submitted to the Division; or
  • Must not be within 300 feet of a community facility that existed on the date on which the application for the proposed medical marijuana establishment was submitted to the Division.

Community facility means:

  • A facility that provides day care to children;
  • A public park;
  • A playground;
  • A public swimming pool;
  • A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents;
  • A church, synagogue or other building, structure or place used for religious worship or other religious purpose.

The Medical Marijuana applicant will also have to prove that they own the property on which the proposed medical marijuana establishment will be located or has the written permission of the property owner to operate the proposed medical marijuana establishment on that property.

Getting a landlord to give written permission may be a problem when marijuana remains a Federal Schedule I controlled substance.

Furthermore, each Medical Marijuana Establishment must:

  • Be located in a separate building or facility that is located in a commercial or industrial zone or overlay;
  • Comply with all local ordinances and rules pertaining to zoning, land use and signage;
  • Have an appearance, both as to the interior and exterior, that is professional, orderly, dignified and consistent with the traditional style of pharmacies and medical offices; and
  • Have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.

These are some of the many requirements under SB 374.  Contact The Law Offices of Garrett T. Ogata.

DISCLAIMER:  This is for information purposes only and is not legal advice.  Nor does this create an attorney-client relationship.  Always seek the advice in person of a licensed attorney.  Nevada law does change so it is important to talk to a licensed attorney in person.

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