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SB 374 - Authorizes Medical Marijuana Dispensaries - Key Vote

Nevada Key Votes

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Note

NOTE: A 2/3 MAJORITY VOTE IS REQUIRED FOR THIS LEGISLATION TO PASS.

Stage Details

Legislation - Signed (Executive) -

Title: Authorizes Medical Marijuana Dispensaries

Legislation - Concurrence Vote Passed (Senate) -
Legislation - Bill Passed With Amendment (House) (28-14) - (Key vote)

Title: Establishes Framework for Medical Marijuana Dispensaries

Vote Smart's Synopsis:

Vote to pass a bill that establishes a framework for medical marijuana dispensaries and the regulation of the medical marijuana industry.

Highlights:
  • Requires individuals applying to operate a “medical marijuana establishment” to submit the prescribed Health Division of the Department of Health and Human Services application form, including, but not limited to, the following information (Sec. 10): 
    • The legal name of the proposed “medical marijuana establishment”;
    • The physical address of the proposed “medical marijuana establishment”;
    • Evidence that the applicant controls at least $250,000 in liquid assets to cover the initial costs of opening the proposed “medical marijuana establishment”; and
    • Evidence that the applicant owns the property or has the written permission of the property owner to operate on the location which the proposed medical marijuana establishment will be located. 
  • Requires individuals to submit the following fees for licensure of “medical marijuana establishments”, including, but not limited to, the following fees (Sec. 12):
    • A fee of $30,000 for the initial issuance of a “medical marijuana establishment” registration certificate for  a “medical marijuana dispensary”; and
    • A fee of $5,000 for the renewal of a “medical marijuana establishment” registration certificate for a “medical marijuana dispensary”;
    • A one-time, non-refundable application fee of $5,000; and
    • A varying fee for the actual costs incurred by the Division in processing the application, including, conducting background checks. 
  • Defines “medical marijuana establishment” by any of the following terms (Sec. 8.3): 
    • An independent testing laboratory; 
    • A cultivation facility; 
    • A facility for the production of edible marijuana products or marijuana-infused products. 
    • A “medical marijuana dispensary”; or 
    • A business that has registered with the Division and paid the requisite fees to act as more than one of the types of businesses listed above. 
  • Defines “medical marijuana dispensary” as a business that is registered with the Division and acquires, possesses, delivers, transfers, transports, supplies, sells, or dispenses marijuana or related supplies and educational materials to the holder of a valid registry identification card (Sec. 8). 
  • Establishes a 2 percent excise tax on wholesale and retail sales of marijuana, edible marijuana products, and marijuana infused products (Sec. 24.4).
  • Requires 75 percent of tax revenues from the medical marijuana excise tax to go toward education-related funding and 25 percent go towards the costs of carrying out the provisions of the bill (Sec. 24.4).
  • Limits the number of medical marijuana establishment registration certificates granted in a given county by the following amounts (Sec. 11):
    • No more than 40 certificates in a county whose population is 700,000 or more;
    • No more than 10 certificates in a county whose population is 100,000 or more but less than 700,000;
    • No more than 2 certificates in a county whose population is 55,000 or more but less than 100,000; and
    • No more than 1 certificate in a county whose population is less than 55,000.
  • Prohibits an individual who holds a medical marijuana registry identification card, or his or her primary caregiver, from cultivating, growing, or producing marijuana if a dispensary opens in his or her county of residence, unless (Sec. 22):
    • The individual was legally growing or producing marijuana on or before July 1, 2013;
    • The dispensary that opened in that individual’s county of residence does not provide the quantity or strain or marijuana necessary to treat his or her specific condition;
    • The individual is unable to travel to a medical marijuana dispensary because of illness or lack of transportation; or
    • The non-existence of an operating dispensary within 25 miles of the individual when the individual first applied for his or her registry identification card.
  • Classifies the attempt to counterfeit or forge a medical marijuana registration identification card as a Category E felony (Sec. 1).
  • Increases the amount of usable marijuana an eligible medical marijuana user can possess, deliver, or produce, from 1 ounce to 2.5 ounces in any 14-day period (Sec. 22).
  • Increases the amount of marijuana plants an eligible medical marijuana user can possess, deliver, or produce from 3 plants to 12 plants, regardless of whether the marijuana plants are mature or immature (Sec. 22).
  • Prohibits a medical marijuana establishment from being located within 1,000 feet of an existing K-12 public or private school, or within 300 feet of an existing community facility (Sec. 10).
Note:

NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.

NOTE: A 2/3 MAJORITY VOTE IS REQUIRED FOR THIS LEGISLATION TO PASS.

Legislation - Bill Failed With Amendment (House) (26-16) -
Note:

NOTE: A 2/3 MAJORITY VOTE IS REQUIRED FOR THIS LEGISLATION TO PASS.

Legislation - Bill Passed (Senate) (17-4) -
Note:

NOTE: A 2/3 MAJORITY VOTE IS REQUIRED FOR THIS LEGISLATION TO PASS.

Legislation - Introduced (Senate) -

Title: Establishes Framework for Medical Marijuana Dispensaries

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