This Friday, Nevada finally approved its proposed medical marijuana regulatory rules, which are scheduled to take effect by April 1st.
Clark County (think Las Vegas) just this week released its local supplemental regulations for medical marijuana (which apply to all dispensaries, cultivation centers, edible makers and processors of infused marijuana, and all testing labs). These regulations make clear that if you want to operate a medical marijuana business in the unincorporated portions Clark County, you need to hand-deliver to the county’s Business License Department all required documentation and information by April 22 at 3 p.m.
Clark County adopted a medical marijuana zoning ordinance on March 19th, but it did not release any additional rules until this week, all of which go far beyond mere zoning compliance. Not only will applicants have to eventually apply for a special use permit if they want to run their MJ business in Clark County, but, applicants are also expected to submit to the county twelve complete sets of their “medical marijuana preliminary review forms” in person — mailings and electronic submissions will be accepted.
This means that before you can even apply for the special use permit, Clark County requires that you submit fifteen pages of preliminary review forms (that require you to disclose all corporate and operational information about the business) in tabbed, organized binders (the forms themselves are located here). You must submit these review forms for each individual medical marijuana business and for each type of medical marijuana business you plan to run.
The devil is in the details here. Those review forms require that you already have a business entity registered with the Nevada Secretary of State and that you attach to the forms your Articles of Incorporation and any profit-sharing agreements outside of your ownership structure. These forms also require that you disclose your proposed marijuana location (which means you better hop to it on finding eligible real estate) and be able to demonstrate that you have at least $250,000 in the bank at the time of submission. The forms essentially mirror the strict requirements set forth in the final rules approved by the State.
After you submit your twelve sets of preliminary review forms, you must by no later than May 9, 2014, submit twelve sets of FBI Criminal History (Fingerprint) Background Reports for each owner of the business and twelve copies of the recorded deed of ownership or long-term lease demonstrating your property rights to your proposed business location, as well as documentation showing that you are authorized to use that property for medical marijuana activity. FBI Criminal History Background Reports are to be undertaken by the applicant, not by the county. The county recommends using this website to locate FBI-approved Channelers.
Clark County’s medical marijuana regime has been set up to weed out (pun intended) those who are either unprepared or under-capitalized. If you have not already started preparing your MMJ plans and location, the time for is now for you to get serious.