NV: Commissioners Disagree On Medical Marijuana

Ron Strider

Well-Known Member
People wanting medical marijuana establishments in Elko County may have a friend in County Commissioner Rex Steninger. The commissioner is concerned about Senate Bill 341, which would revise provisions related to marijuana establishments. His main concern is that the state is trying to keep counties and cities from taxing marijuana establishments.

Steninger said in one part of the bill it says the county could tax the business and in another part it could not tax them.

“Everything else I can support except section eight subsection four, that’s where it forbids the county from imposing taxes or rules,” he said.

The other commissioners agreed SB 341 was poorly written. Commissioners asked Chief Civil District Attorney Kristin McQueary if the County could zone out marijuana businesses. She said they could not, because the law doesn’t have an “opt-out” option like it does for medical marijuana.

“You can talk about the moratorium on medical marijuana, but that was imposed back when it was still illegal,” Steninger said Wednesday at a meeting of the Elko County Commission. “The state of Nevada has declared it legal. I think we’re foolish to try to prohibit something that’s legal.”

“Unless it’s the federal government’s rules that we’re following and then it isn’t legal,” responded County Commissioner Demar Dahl.

Commissioner Jon Karr joked with Dahl that he was “a big fan of federal rules.” Throughout his career, Dahl has spoken against the federal government’s decisions on land use, monuments, sage grouse and other issues.

“So what if we said we’re going to follow the federal rules this time for a change, and we’re going to zone marijuana out, period,” Dahl said. “What if we did that?”

McQueary said under the law the county “can’t impose any greater restrictions on marijuana businesses than on any other business.”

“My question is what if we did?” Dahl said.

McQueary said it would depend on if someone wants to fight the County on the issue.

Steninger told Dahl, “That’s a pretty liberal way of thinking. Liberals, if they don’t like something they outlaw it. Conservatives don’t like something, they don’t do it.”

Commissioner Delmo Andreozzi and Steninger turned the conversation back to the bill. Andreozzi motioned to send a letter to the Legislature to eliminate the sections in the bill that limits counties and cities from taxing marijuana businesses. The commissioners approved the motion.

According to the legislative website the sections the commissioners were concerned about were eliminated in an amendment to the bill April 24. However, the bill still has not been voted on by the state Senate.

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Commissioners disagree on medical marijuana | Local | elkodaily.com
Author: MARIANNE KOBAK McKOWN
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