New Changes to Nevada’s Medical Marijuana Industry – SB 276

The latest legislative session has now come to a close. The four-month 2015 session produced many changes to the states primary governing law. The new changes include a major tax hike, significant new investments in education, body cameras for the Nevada Highway Patrol, and a possible school district breakup. With these substantial changes to the day-to-day activities in Nevada, the legislature also made three important changes to NRS 435A, the chapter governing the state’s medical marijuana industry. The new changes drastically affect the way medical marijuana establishments conduct business within the state.

One of the key changes Nevada Legislature made to keep up with demand and the rapid change associated with the medical marijuana industry, was enacting Senate Bill 276.  Senate Bill 276 puts in place new policies allowing owners of medical marijuana establishments to move, sale, or transfer their establishments legally.

Under the new legislation, all medical marijuana facilities will be eligible for sale or transfer to another party. In order to obtain a medical marijuana establishment, all proposed owners, officers, and board members of medical marijuana establishments, must proffer to Division their names, addresses, dates of birth, complete sets of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

In an effort to deny monopolization on medical marijuana establishments in the state, potential new owners of an medical marijuana establishment also need to prove to Division, that as a result of the transfer of ownership, no person, group of persons or entity will, in a county whose population is 100,000 or more, hold more than one medical marijuana establishment registration certificate or more than 10 percent of the medical marijuana establishment registration certificates allocated to the county, whichever is greater. This amount can be limited by the city in which the establishment is located. The local government could decide that their community is already adequately served by the existing establishments and reduce the number of licenses within city limits.

The new changes make it even easier to break into the medical marijuana industry. Establishments around the state are currently gearing up for an explosion of new business. The industry is rapidly growing, creating endless opportunities around the state.  Many see this time as an exciting time for patients. In the upcoming months, the state will see many medical marijuana establishments open their doors and provide patients with the medicine they need. Now sufferers of chronic conditions will have even more treatment options.

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 assisting individual patients with any legal matters. You may contact the firm through email at info@connorpllc.com 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.

This is for informative purposes only and does not create an attorney-client relationship.

 

Selling or Buying a Medical Marijuana Establishment 

Nevada law will allow for the transferring of ownership of a Medical Marijuana Establishment come October 1, 2015, which was made possible by Senate Bill 276. This will not be a simple task though.  One will have to be eligible and meet stringent conditions to acquire ownership.

Nevada Revised Statute 453A.334 provides for the ability to transfer ownership and what conditions must be met. Only under certain conditions and after navigating through lengthily administrative code and applications will someone be able to acquire new ownership.

Connor and Connor has helped numerous clients navigate through the various rules and procedures of Nevada’s complex medical marijuana program.  Someone who wishes to sell or purchase a medical marijuana establishment registration certificate, will need a law firm who understands and is able to work with the complex legal system.

Contact our firm at 702-750-9139 to discuss transferring ownership of a medical marijuana establishment and what value our firm can bring to you.

 
Traffic citations
Traffic Citations

Getting a traffic ticket seems fairly common these days southern Nevada.  What many people don’t realize is that an attorney can help with reducing the moving violation to a non-moving violation with no demerit points.  This helps with keeping your insurance cost low and not putting you at risk of getting your driver’s license suspended.  In Nevada, if you get 12 demerit points in a 12-month period the DMV will suspend your license.

Each court in Nevada handles traffic violations a little differently, but for the most part they are all the same.  Your attorney usually has a few options to get your violation reduced and sometimes the fine reduced as well.  It all depends on the court, the violation and the facts.

Not having to waste your time dealing with the court and doing traffic school is something your attorney may help you avoid.  So the next time you get a citation feel free to contact our firm at 702-750-9139 to see what Connor & Connor can do for you.

This is for informative purpose only and does not create an attorney-client relationship.  Nevada law is constantly changing, seek legal counsel.  If you have questions about Nevada 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.  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 info@connorpllc.com 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.

Check Fraud

08/13/2015

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Check Fraud

A person who willfully, with the intent to defraud, draws or passes a check or draft to obtain money, delivery of other valuable property, services, the use of property, or credit extended by any licensed gaming establishment, when the person has insufficient funds may be guilty of a misdemeanor or a felony depending on the amount.

If you write a bad check of $650 or more, or multiple bad checks in a 90 day period of $650 or more, you will be charged with a category D felony and owe restitution.  If the amount is less than $650 then it is treated as a misdemeanor offense.  However, if you have 3 prior misdemeanor bad check offenses and the new charge will be enhanced to category D felony.

Intent to write a bad check can be presumed if you wrote a check on an account that did not exist or you failed to make good on the payment within 5 days after given notice there was no funds.  Intent plays a big role on what defenses you have; if you wrote a check when funds were available this may be a defense.

It is possible for your attorney to get the charges dismissed depending on the facts. Contact Connor & Connor at 702-750-9139 for a free consultation.

This is for informative purpose only and does not create an attorney-client relationship. Nevada law is constantly changing, seek legal counsel. If you have questions about Nevada 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. 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 info@connorpllc.com 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.

 

DUI-MARIJUANA and PROHIBITED SUBSTANCES

Under Nevada law one can be charged with a DUI that does not involve alcohol.  If a person cannot safely drive or assert actual physical control of a vehicle due to the use of marijuana, prohibited/controlled substance, or other drugs or compounds then one can be charged with a DUI.  This can be done under impaired driving, which under the totality of the circumstances, the drug/substance rendered you incapable of driving safely or exercising actual physical control of the vehicle.

Prosecutors can also charge you with a DUI without proving you were incapable of driving safely by charging you with a per se violation.  If prosecution can prove you had a certain amount of active marijuana or marijuana metabolite in your system while driving, then they can establish a DUI prohibited substance per se violation.

  • A marijuana concentration of two nanograms per milliliter of blood or more is a per se violation.
  • A marijuana metabolite concentration of five nanograms per milliliter of blood or greater is a per se violation.

So the chances are that if you are taking medical marijuana you can trigger one of the per see limits and be convicted of a DUI if you were driving.

Your medical marijuana card is NOT a defense to a DUI and may lead to you getting a DUI the next time you are stopped if you are not careful.  See our Blog on how to handle a traffic stop.  Other prohibited substances that may trigger a per se violation are meth, cocaine and heroin and all have different levels of per se limits.

If you have a DUI charge and medical marijuana card contact our firm today to discuss what rights you have and possible defenses by calling

This is for informative purpose only and does not create an attorney-client relationship. Nevada law is constantly changing, seek legal counsel. If you have questions about Nevada 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. 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 info@connorpllc.com 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.

 

Grand Larceny

Similar to petit larceny, grand larceny occurs when one steals something with a value of $650 or more.  Unlike petit larceny though, grand larceny is a felony offense.

If one intentionally steals, takes and carries away, leads away or drives away with: 1) Personal goods or property, with a value of $650 or more, owned by another person; 2) Bedding, furniture or other property, with a value of $650 or more, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or 3) Real property, with a value of $650 or more, that the person has converted into personal property by severing it from real property owned by another person.

One will also be charged with grand larceny if he or she uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which the person knows he or she is not entitled.  Stealing and killing livestock and domesticated animals may also trigger grand larceny.

Penalties

Penalties for grand larceny are harsh.  If the value is less than $3,500 the person who committed the gran larceny is guilty of a category C felony.  If the value of property involved is $3,500 or more, the person is guilty of a category B felony, which carries a minimum term of not less than 1 year in prison and a maximum term of not more than 10 years, and a fine of not more than $10,000.  The court shall also order restitution.

If you have been charged with grand larceny contact our office at 702-750-9139 for a free consultation.

This is for informative purpose only and does not create an attorney-client relationship.  Nevada law is constantly changing, seek legal counsel.  If you have questions about Nevada 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.  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 info@connorpllc.com 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.