To smoke or not to smoke, that really is the question on November 8th, 2016. The state of Nevada is set to accept votes on Question No. 2 under federal law. Here’s a breakdown on the actual question:
“Shall the Nevada Revised Statutes be amended to allow a person, 21 years old or older, to purchase, cultivate, possess, or consume a certain amount of marijuana or concentrated marijuana, as well as manufacture, possess, use, transport, purchase, distribute, or sell marijuana paraphernalia; impose a 15 percent excise tax on wholesale sales of marijuana; require the regulation and licensing of marijuana cultivators, testing facilities, distributors, suppliers, and retailers; and provide for certain criminal penalties?”
It’s fairly surprising Sin City is just now taking this to a vote. (People really must remember, legalized prostitution has existed in Nevada since 1902. Check out Elko brothel for further details.) Be that as it may, let’s get back to the reason we’re here: Weed!
The current status of marijuana in Nevada states the possession or use of the narcotic is illegal. Medical marijuana is, however, allowed through Question 9, passed in 2000. So, what exactly would it do to state law?
If the vote passed, adults aged 21 and older would be allowed to possess, consumed, and grow, yes you heard that right: Grow, weed for recreational use. A 15% excise tax rate would be allowed where revenue generated from the tax, licensing fees, and penalties, would go to, firstly, enforcing the Question 2 measure, and secondly, improving schools through the State Distributive School Account. Businesses would also be allowed to sell weed for profit. Personalized purchasing, possessing, and consuming weed would need to be one ounce or less of marijuana. If it is a concentrated blend of marijuana individuals aged 21 and above would not be allowed to any more than one-eighth of an ounce.
Now, I know, we’ve glossed over one detail. Let’s get to that. You can grow your own grass ladies and gentlemen. There will be restrictions in how this is done, so heads up. Here’s the details:
Personalized users are allowed to grow up to six marijuana plants on their property. And, your cultivation would have to take place in a space enclosed by a lock and key. (But, if you’re growing your own hash, you kind of want to keep it under lock and key so it doesn’t really get stolen, right?)
Naturally, you’re going to find opposition to most things in life. Let’s explore where that comes in to play. Oddly enough, a millionaire from Pennsylvania, Ms. Julia Schauer, is pushing her endorsement to prevent Question 2 from passing in the state of Nevada. She has become the largest donor to the “No on 2” campaign, which now has a whopping $30,000 of support behind it.
Unfortunately for the “No on 2” campaign, “Yes on 2” campaign has successfully raised over $1 million in their efforts. Thank the Marijuana Policy Project for being one of the campaigns’ largest donors. News media has had their foot in the decision as well. The Las Vegas Review-Journal actually came out to endorse Question 2 back in 2014, but has since changed their minds in June of 2016. The media source now opposes the initiative.
According to your latest in the polls, support for “Yes on 2” is estimated at 52%.
Let’s examine some of the business opportunities small and medium businesses might have available to them. If the measure came to pass, and marijuana became legal in the state of Nevada, the operation of marijuana establishments would be regulated by the Nevada Department of Taxation. Here’s your first catch, during the first 18 months only venues to be cleared for a license by the department, are those already registered as medical marijuana establishments. The one loophole exists for wholesale liquor dealers. These establishments would be permitted to apply for a license to sell and distribute recreational marijuana.
Licenses would range anywhere from $3,300 to $30,000. The range is dependent on the type of license a proprietor applied for.
You must keep your distance to sell recreational weed in Nevada
If you so chose to own and operate one of these venues make sure to follow the geographic guidelines set out in the bylaws. “No marijuana establishments would be permitted within 1,000 feet of a school or 300 feet of a community facility.” In addition to this, limits will be set on the number of retail establishments permissible in each county.
Maximum allowance: Counties with populations set at and above 700,000 total population, would be allowed 80 retail stores.
Minimum allowance: Counties will populations set at and below 55,000 total population, would be allowed 2 retail stores.
Those are the numbers folks…
Would federally regulated Question 2 law interfere with Nevada state governance of recreational weed use?
One would hope not. But, Uncle Sam has been known to tread heavily on state’s governance. Here’s where the law would not interfere with state regulations.
1. If anyone wanted to drive under the influence of weed, the federal government would not interfere with how a state penalizes for such a crime. Laws would be enacted to prohibit driving or operating a vehicle under the influence of marijuana.
2. State law would have authority to govern the legal operations to prosecute someone selling or giving marijuana to someone under 21 years of age.
3. States are responsible to govern law penalizing the use of marijuana on Nevada Department of Corrections’ grounds and workplaces banning marijuana use.
Bottom line, if you come to play and hang out in Las Vegas, Nevada, be respectful of the newest state laws. You’ll find yourself more at ease if you come in and enjoy the city like a local. Be casual. You came to play and you should be allowed to do so. Just be responsible any time you’re having fun.