I have received numerous inquiries lately from parties interested in applying for a license to operate a medical marijuana establishment within Clark County, Nevada. Many of these inquiries have been from people who heard that the deadline to apply in Clark County has passed and that it is too late to submit an application this year. As of the writing of this post, the deadline to apply in the unincorporated portions of Clark County has passed (for 2014 at least). However, there is still time to apply in the several other jurisdictions within Clark County, such as the City of Las Vegas and the City of North Las Vegas. There is also still plenty of time to apply in other jurisdictions within the state such as Nye County, Washoe County and several others.
While there is still time to join in on the “green rush”, time is definitely running out for those who wish to apply in 2014. The application process is very complicated and requires a lot of work on behalf of the applicants and their advisors. One of the biggest hurdles our clients have experienced is securing a facility for their operations. Further complicating matters is the fact that applicants have to secure a location before they submit their application to the State and most local authorities. This is akin to the putting the proverbial “cart before the horse” and raises numerous legal issues relating to commercial real estate contracts and transactions. From the tenants’ side, if these contracts are not properly negotiated unsuccessful applicants could find themselves tied to a lengthy lease of a property that they no longer need. From the landlord’s perspective, they could be in a position where they have a building tied up for several months, only to have the tenants break the lease after learning that they were unsuccessful in obtaining a license.
Further issues arise with trying to find a suitable location pursuant to local land use and business regulations. Several local jurisdictions have enacted regulations on where the facilities can be located, the proper zoning codes (C1-C2, etc.) and distances from certain facilities such as schools, daycare centers and parks. Further complicating matters, several of the jurisdictions have different methodologies in the manner in which the measurements will be taken. Some measure property line to property line while others are measuring from the closest wall of the structure to the closest wall of the restricted facility. It is critical that the applicants are well advised of these issues prior to securing a property otherwise their application may be summarily denied.
The attorneys at Connor & Connor Pllc are experienced in assisting clients navigate the complicated application process for a medical marijuana facility. We have assisted clients in locating facilities that meet all zoning and land use requirements under both state and local law. While we anticipate that our clients will be granted a license to operate a medical marijuana establishment (or establishments), we have successfully negotiated provisions in commercial lease contracts that will allow applicants to walk away from a lease if their application is unsuccessful. We have also been successful in assisting our clients through the complicated process of submitting their applications to Clark County on time and under budget.
If you have questions about Nevada’s Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today. The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license and also assist individual patients with any legal matters. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation. You may contact the firm through email at firstname.lastname@example.org or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm’s Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.