NV: Recreational Marijuana Law Takes Effect New Year's Day

Katelyn Baker

Well-Known Member
Some news laws will begin on January 1, including one that will allow people to use recreational marijuana in Nevada. While the law will allow people, 21 years or older, to purchase, cultivate, possess, or consume a certain amount of marijuana or concentrated marijuana, it does not allow people to sell it yet.

"We allow people to use it but we don't give them a place to buy it," Will Adler, Executive Director of Nevada Medical Marijuana Association said. "So, the state's aware of that. We're aware of that as an industry and we're going to try to close that gap as quickly as possible."

Regulations and dispensaries must be in place by Jan. 1, 2018.

"I think the Department of Taxation is working on those today," Adler said. "Because we already have a gold standard for our medical marijuana law, I think they're just gonna modify that for recreational marijuana sales."

If that is the case, people will be able to purchase recreational marijuana at the same places that sell medical marijuana. If the regulations are the same, the only difference will be how it is taxed. A 15 percent excise tax can be put on recreational marijuana, along with other municipal, county and state taxes. Colorado has a 2.9 percent retail and medical marijuana sales tax, 10 percent marijuana special sales tax and a 15 percent excise tax. Nevada lawmakers have been paying close attention to Colorado's regulations.

"Yeah, everyone wants to tax the heck out of it but if you tax it too much, you won't have any sales," Adler said. "So, you've got to keep the taxes low enough but high enough so that the state gets something but the consumer thinks it's a fair price."

People will also be able to grow a certain amount of their own marijuana, as long as it is not within 25 miles of a dispensary.

"There's no recreational dispensaries come January First," Adler said. "So yes, people will be able to home grow it, but as soon as a dispensary moves into your location, you can no longer home grow in that area."

Adler says homegrown plants present some of the biggest issues, so the state will likely decide on dispensaries sooner than later. Zoning laws will be a part of the process, following the same guidelines as medical marijuana laws that prohibit them from being within 1,000 feet from a school.

California, Maine and Massachusetts also approved recreational marijuana in November's election. Since so many people visit Nevada, Adler expects most of the tax revenue to come from tourists.

"If you have something like 58 million tourists visit every year and you only have 3 million residents, you're going to believe that all the recreational sales are going to go to tourists," Adler said.

While Nevada residents will be able to use recreational marijuana, it will only be allowed in the person's home. There are already several Bill Draft Requests regarding marijuana for the upcoming legislative session. One of those would allow pot to be used in social clubs, events and concert arenas.

Employers will still have the ability to restrict the use of marijuana by their employees, despite the new law.

"Marijuana usage is legal but you're employing practices don't have to change," Adler said. "You can still drug test for marijuana and be drug tested for marijuana and it can still be a fireable offense."

While many have questions about the social and fiscal impacts of legalized recreational marijuana, Adler hopes regulations will keep possible problems to a minimum.

"We're a state that regulates things properly," Adler said. "We do a good job at it and our divisions are used to doing big challenges like gaming, prostitution and alcohol consumption. So, I think Nevada is going to do a pretty good job at it, and I think overall it's going to be a big nothing cake."

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Full Article: Recreational Marijuana Law Takes Effect New Year's Day
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