Recreational marijuana is now legal in Nevada, but expect plenty of catches, especially at first.
On November 8, 2016, Nevadans approved “Question 2” on their ballot by a margin of nine percent, effectively removing criminal penalties for possession of certain moderate amounts of marijuana and marijuana-derived concentrates. Yet, the legal ramifications of this development are far from cut-and-dry.
For one, Nevadans who do not currently have a prescription card for medical marijuana have no legal way to buy recreational marijuana at the moment. This issue and many others will make marijuana laws complicated for those who enjoy recreational smoking, especially in the immediate future.
To help clear some things up and make it easier for aspiring recreational marijuana users to know their rights, consider the following four important points about the New Nevada marijuana law.
You Can Only Possess a Certain Amount of Marijuana at a Time
The current cap is on an ounce of cured marijuana plant products or an eighth of an ounce of marijuana concentrate, like hash oil or “shatter.” Anyone found with amounts in excess of these limits on their person or within their private property may be subject to criminal penalties.
Only those 21 and older can legally possess marijuana.
You Can’t Buy Marijuana at Dispensaries Without an MMJ Card (Yet)
On January 1, 2017, the criminal penalties for holding certain amounts of marijuana products (see above) were relaxed. However, no one can legally sell you marijuana unless you have a prescription card. Legislators set themselves a deadline of January 1, 2018 to have regulations in place that should allow dispensaries to expand their clientele to non-MMJ card holders.
Many experts estimate that you could be able to buy marijuana recreationally by summer 2017.
Once medical dispensaries have their operations opened to all marijuana users, the state will then open the door to give licenses for dispensaries that did not exist before the new marijuana law went into effect. Expect a long process for regulations to be drafted and finalized, though.
You Cannot Grow Your Own Marijuana Unless You Live in a Rural Area
The new law permits growing your own marijuana only if you live more than 25 miles away from a marijuana dispensary. So, unless you live in rural areas, you are going to have to wait for regulations to allow medical dispensaries to expand their clientele.
For those who do live far away from a dispensary: the law allows up to six plants per person or 12 plants total per residence. And, naturally, selling the yield from these plants without a commercial license would be a felony. You can, however, give marijuana away as a gift to someone over 21 as long as they do not end up possessing more than the total legal limit.
You Cannot Drive Intoxicated or Smoke in Public
Driving while under the effects of marijuana, which can last up to a few hours, is still illegal and can potentially affect the outcome of criminal cases or insurance settlements if you are caught driving with a high concentration of THC in your system.
Smoking marijuana in public is likewise banned and can incur up to $600 in criminal fines. You also cannot smoke in a moving vehicle, even if you will not be driving.
Some expect smoking “cafes” to expand the ability to smoke in public to certain designated businesses, similar to a hookah lounge.
Nevada Marijuana Laws Are Only Going to Get More Complicated
Believe it or not, decriminalization does not automatically make life easier for marijuana users. Just as legal alcohol use can create many legal gray areas, those who use marijuana recreationally may find themselves subject to criminal or civil consequences if they do not maintain awareness of their rights and limitations.
If you face consequences for your marijuana use, never hesitate to exercise your rights. Consider appointing a knowledgeable Nevada marijuana law attorney to represent your case so that you can assert your side of the story and protect your legal rights as a citizen. Contact us now for a free consultation.
Divorces have many consequences, but they ideally should not disrupt the operations of what is otherwise a successful business. Hundreds of thousands of dollars can be at stake in a business, especially when factoring in employee salaries, vendor contracts, company equity, contributions to the local economy, and more.
To prevent disruptions, business owners might need to plan ahead for their divorce — as hard as that may be during a seemingly perfect marriage. You can start protecting your business from divorce by taking the following actions and by consulting with a Nevada business lawyer.
Keep Your Business and Family Life Indisputably Separate
This holds true no matter if you are married or not, but it becomes even more critical if you think you might have to split property with a spouse in the near future.
Put simply: there should be a hard line between your business and your personal finances. This distinction should be clear, which means that you avoid activities like co-mingling company resources and personal accounts. Instead, the company should have its own set of accounts and its own legal distinctions separate from you as an owner or your household at large.
Pay Yourself a Fair Salary
Another issue might arise when you try to “starve” your personal cash flow by paying minimal salary disbursements to yourself, while keeping most revenues hoarded within the company. While all of your income is subject to taxes, keeping money in the company that you intend to access for personal use later can be a recipe for disaster.
This particular situation is worsened by divorce. Your spouse could allege that money that should have been family income went to company assets instead. This could potentially motivate a judge to share those assets with the spouse.
Compromise by Giving Up Other Assets
If you truly value your business, you will be willing to sacrifice other things to hang onto it. Chances are good that your spouse contributed at least some value to the business either directly or indirectly. You should make sure you assess that value fairly, and consider offering some sort of property or assets in-kind.
Another option includes offering to buy out the ex-spouse’s share through regular ongoing payments, or selling a minority stake of what you own to employees or an investor.
Make Sure Your Business Is Valued Fairly
Some spouses may try to overvalue your business in order to squeeze as much out of you as possible. Use a court-appointed, neutral valuation expert to eliminate this possibility. It is important to have this information on-hand in order to fairly and adequately distribute assets in a company.
Hire a Nevada Business Lawyer When Protecting Your Business From Divorce
While a divorce attorney can help you with paperwork and property division in normal cases, you may need to supplement or replace their expertise with an experienced Nevada business lawyer; especially if your company is on the line. You can contact Connor & Connor today for a free case evaluation and to gain a better understanding of your options moving forward.
Suffering a car accident can be one of the most life altering events, especially if the accident was caused by an uninsured or underinsured driver. After such an accident, your first step on the road to recovery will be filing a claim with your insurance company. Unfortunately, even if you’re sure the other driver is at fault, it’s possible for your claim to be denied, leaving you in a very vulnerable position.
If your claim has been denied, it’s important to take the right steps so that you get the settlement you need and deserve. Learn what happens after your uninsured or underinsured motorist claim has been denied and find out when you need help from a Personal Injury lawyer.
Building a Legal Case
The most common reason an uninsured motorist claim is denied is a lack of evidence proving fault. Because fault is so important in these cases, the first thing you and your lawyer should do after your initial claim is denied is to start gathering evidence. If there is a police report stemming from your accident, see if you can get a copy. While they don’t always indicate fault, police reports are a good source of information.
Another good idea is to see if you can get any eye witness testimony that will speak directly to the fault of the other driver. Finally, a detailed accident report can be very helpful. With the right evidence in hand, you should be ready to take your claim to court.
The Jury’s Verdict
If your insurance claim has gone to trial, the most important factor is convincing the jury of your claim, which is why it’s important to have the right legal help on your side. A qualified Personal Injury lawyer will be able to present the evidence in your case clearly and concisely so that the jury can see the fault of the other driver.
Once your case is presented, you will have to wait for the jury’s verdict. Hopefully, the decision will go in your favor. If not, then you may need to pursue further legal avenues to finally get the compensation that you need to move on from your accident.
Depending on who your legal case was filed against, the insurer or the other driver, you may be able to pursue further legal action if your initial claim is denied. Additionally, it may also be possible to appeal the original decision, although this can often raise your legal expenses and limit the size of the settlement you can receive.
If you’re working with a Personal Injury lawyer, they should be able to advise you on the proper steps to take if you’ve received an unfavorable verdict from your trial.
Get Help from a Personal Injury Attorney
After your uninsured or underinsured motorist claim has been denied, you may not know how to move forward. If you need help fighting the insurance company for your settlement, you should hire a Personal Injury lawyer from Connor & Connor, PLLC.
We have the legal experience necessary to try your case and work towards the settlement that you deserve. Contact us today for more information.
Transferring ownership of a business license and business holdings almost always presents challenges to both the buyer and seller. When adding medical marijuana operations, one of the most heavily regulated industries in the state, into the mix, those challenges can become infinitely more complicated.
Luckily, these buyers and sellers can look to the services of an experienced medical marijuana business attorney to guide their sale and potentially smooth over any hitches they would have faced. More often than not, these parties will require that attorney’s representation throughout the entire process in order to satisfy and convince local hearings boards in regards to their intended activities.
Because of these potential obstacles, marijuana business license transfers could face any of the following complications before the sale is finalized:
Convincing Approval Committees
Most likely in an effort to appease local communities, the Nevada State Legislature baked in a tremendous amount of power for local cities and counties when it comes to approval of marijuana licenses, including their transferal.
For example, we wrote in a previous post that an existing medical marijuana business can only move to a new location if “it can be shown that the new location is more suitable than the previous location” to the satisfaction of the local approval committee.
Furthermore, cities like North Las Vegas utilize language in their regulatory ordinances stating that the laws will be construed to “protect the public over medical marijuana business interests.”
Therefore, in this one example we have two extremely subjective criteria for a business owner to get approval for transferring just their location, let alone transferring their license in the process. Questions can arise, like: does the new location have to be “more suitable” to the public, the business or both? If the city feels that an MME’s activity is not in the public’s interest, what sort of burden of proof does the business have to satisfy in order to get approval?
Since each individual committee has immense final decision power and each decision will involve a host of unique subjective factors, every attempted approval should be guided with the assistance of a medical marijuana business lawyer in order to ease the process.
When medical marijuana business owners request to transfer ownership, the new recipient of the license must undergo the same application process as the initial owner’s. Nevada state laws also provide that a local board may “deem a medical marijuana establishment in compliance with all local governmental ordinances or rules, regardless of any ranking of the establishment established by the Division.”
In this situation where a local board holds the power to interpret laws, challenges the initial application did not endure could arise. Suddenly, the meaning of past decisions could be called into question, and the new owner could face challenges given their unique standing.
For instance, SB 276 limits a group, person or entity to ownership of one marijuana establishment registration license in the area. Therefore, if a privately held company had a large stakeholder that separately held an individual license in the same area, could the local approval committee interpret this as one person owning multiple establishments?
Legal questions like these are infinitely complex and subject to the extent of debate allowed on the matter. As more of these debates occur, case law and precedent could introduce further complexities.
You can navigate these difficulties with the assistance of a Nevada medical marijuana business attorney, who will lend clarity and represent your case to the best of their ability.
Anyone attempting to buy or sell a medical marijuana license in Nevada can contact Connor & Connor for representation and answers to their pressing questions.