New Distance Setbacks for Marijuana Establishments • Connor & Connor PLLC

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In order to be authorized for a marijuana establishment license, there are many regulatory needs that need to be met, 1 of which is a distance setback requirement. This suggests that when applying for a license, the physical address of any proposed marijuana establishment need to be a distinct distance away from particular establishments as proscribed by law.

Assembly Bill 533, which passed on June 12, 2019, is a extensive omnibus bill that established a series of modifications to present marijuana laws, 1 of which is the establishment of new distance setbacks for marijuana establishments. Whereas previously, distance setbacks existed for marijuana establishments exactly where they could not be inside a particular distance from schools or neighborhood facilities, the law was modified to now involve unrestricted gaming areas.

The distance setback requirement is measured from the front door of the proposed marijuana establishment to the closest point of the house line of the college, neighborhood facility, or gaming establishment that holds a nonrestricted gaming license.

Powerful on November 23, 2019, new marijuana establishments, which can be either healthcare or recreational retail shops, cultivation facilities, production facilities, distributors, or independent testing laboratories, need to be 1,000 feet away from a public or private college, 300 feet away from a neighborhood facility and 1,500 feet away from an establishment that holds a nonrestricted gaming license.

A neighborhood facility has been defined as a facility that delivers daycare to kids, a playground, public park, swimming pool, church or a different location of worship or any center or facility whose major goal is to deliver recreational possibilities to kids. Moreover, according to NRS 463.0177, a nonrestricted gaming license is a state gaming license that is issued to an establishment that has 16 or additional slot machines, a race or sportsbooks, a mobile gaming technique.

The schools, neighborhood facilities, and nonrestricted gaming establishments have to have currently existed at the time in which the application for the proposed marijuana establishment was submitted to the Division of Taxation. For instance, if a neighborhood facility had been to later open up inside the proscribed distance setbacks to an currently current marijuana establishment, the distance setback requirement does not have to be met. Moreover, till this law is powerful, currently current marijuana establishments that do not have to meet the distance setback needs to the nonrestricted gaming license establishments. These marijuana establishments would be thought of as “grandfathered” in, which means that they are exempt from the new rule and do not have to comply with this new requirement. Even so, any new marijuana establishments from November 23, 2019, and moving forward are necessary to meet this new distance setback requirement.

Author: Salma Granich



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