Now that the city of Winnemucca has voted to allow recreational and medical marijuana facilities within city limits, the next step is to review, approve and implement ordinances establishing guidelines for the facilities prior to license issuance.
A public hearing on the matter to review the proposed marijuana licensing code is tentatively scheduled for Aug. 20, at 2:15 p.m. at the city hall meeting room located at 90 West Fourth Street.
The proposed ordinance presented by city attorney Kent Maher will allow state-licensed medical and recreational marijuana establishments within the incorporated area of the city exclusively in the general commercial district (G-C) and industrial district (M-1).
The ordinance states that “The use, cultivation, distribution, production, possession and transportation of marijuana remains illegal under federal law, and marijuana remains classified as a Class I controlled substance by both Nevada and federal law, and those involved with marijuana establishments may still be prosecuted under the Federal Controlled Substance Act (CSA) regardless of whether the marijuana establishment is in compliance with state law or has received a license to operate a marijuana establishment in the city.”
The proposed licensing code states that all marijuana establishments must be located in a permanent building that meets all requirements of state law, city building code for commercial buildings and may not be located in a manufactured or mobile home, trailer, cargo container, motor vehicle or similar personal property and shall not occur outdoors, whether or not covered or enclosed with security fencing.
According to the proposed code, all signs, logos and advertisement(s) of the marijuana establishment and the content and method of an advertisement must be approved by the department pursuant to Nevada Revised Statutes (NRS) 453D and must be discreet, professional and consistent with the traditional style of signage fro pharmacies and medical offices.
Disposal methods of marijuana must be submitted and approved by the city and the police department prior to the issuance of any marijuana establishment license.
The marijuana establishment license application section of the code states that an applicant must have previously been issued a license from the state of Nevada to operate a marijuana establishment, along with providing informational and background documentation for the individuals, business entities and property owners involved in the establishment.
A safety plan for marijuana products must also be submitted to the city for approval which includes transport, loading, unloading and storage of products, the passage of employees and customers, disposal of marijuana, business hours and the handling and storage of money.
The chief of police will be tasked with inspecting each premise where marijuana is cultivated, produced, tested or dispensed and verify registration cards of employees.
The chief is also tasked with recommending revocation of any license if license holders have failed to comply with established ordinances or state statutes.
The city police department will have access to periodically inspect all parts of any marijuana establishment and shall inspect it at least annually, according to the proposed ordinance.
License-holding facilities will be responsible for paying annual licensing fees as well as state and local taxes. The fee amounts have not yet been determined by the city, as well as any excise tax as a percentage of revenue that will be distributed directly to the city.
State law has established that a state-licensed marijuana facility is prohibited within 1,000 feet of a school or 300 feet of a community facility.
State law also establishes that residents over the age of 21 may grow up to 6 marijuana plants per person, up to 12 per household.
Once a dispensary is established in Winnemucca, individuals within 25 miles of the facility will be prohibited from growing marijuana.