In a recent case, officials from Oklahoma and Nebraska are claiming Colorado’s landmark legalization of marijuana for recreational use is causing an increase in drug crimes in their respective states. Specifically, they claim the increase in drug trafficking in their states has caused a “dangerous gap in the federal drug control system.”

As our Riverfront County medical marijuana attorneys can explain, despite legalization or decriminalization in states across the county, including California, marijuana possession, sale, purchase, cultivation, and transportation is still in violation of federal law, as marijuana is a Schedule I controlled substance pursuant to the United States Code. This means the federal government could choose to enforce these laws at any time by arresting anyone involved in the medical marijuana industry. They could also make it illegal to use bank accounts to hold any money earned as part of a medical marijuana enterprise, and they have, in fact, frozen accounts in the past.

Fortunately, the current administration has expressed a willingness to leave marijuana regulation up to the states and has ordered the U.S. Drug Enforcement Agency (DEA) not to make marijuana enforcement a priority in states that have enacted decriminalization or legalization. Though, it should be noted, the next administration may not choose to take a hands-off approach, which may demonstrate a need to remove the prohibition at the federal level, so the states can be free to deal with the issue pursuant to the wishes of their respective citizens.

With regard to this current lawsuit, SCOTUS has issued a CSVG order, which is an abbreviation for call for views of Solicitor General. The Solicitor General of the United States represents the United States’ interest in all civil legal matters of importance, much like the U.S. Attorney General is responsible for the administration of justice for the nation. Issuing a CSVG is not an uncommon step in cases of this type when federal policy is clearly at issue.

According to the Huffington Post, The substance of the state’s arguments is that by legalizing marijuana for recreational use, Colorado has acted unconstitutionally, because the Supremacy Clause provides federal law control, so long as it is enacted pursuant to an enumerated power of Congress. Since states such as Colorado can only legalize marijuana pursuant to state law, they must rely upon the U.S. Attorney General to choose not to enforce existing federal law. Essentially, the states’ argument is they are making something legal under state law, which is illegal under federal law, and, since the federal law is the supreme law of the land, this state law is unconstitutional.

On the other hand, the state attorney general for Colorado is arguing his state’s law is an entirely constitutional implementation of the wishes of the citizens of Colorado. The state law does not override the federal law in any way, as the administration still has the full power to enforce it any time.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: SCOTUS Seeks Feds’ Views On Marijuana Lawsuit Against Colorado , May 4, 2015, Huffington Post More Blog Entries: San Diego’s First Legal Marijuana Dispensary Opens Doors, April 5, 2015, Los Angeles Medical Marijuana Lawyer Blog

In this, our Nevada marijuana lawyers understand that the state has become the 14th in the country to approve marijuana dispensaries. It was already among 19 in the nation (plus the District of Columbia) to allow medical marijuana use.

SB 374 was signed into law by Republican Gov. Brian Sandoval shortly after the measure passed by a 28-14 in the state’s Assembly. The action came swiftly, as it passed less than a week earlier in the Senate by a vote of 17-4 and had to obtain passage in the Assembly before the year’s session closed. It was approved by the Assembly just hours before the midnight deadline.

The law allows for the establishment of state oversight for medical marijuana dispensaries throughout. It caps the number of dispensaries per region by population. In Las Vegas, for example, there will be a maximum of 40 medical marijuana dispensaries allowed. In Reno, the state will sanction 20 medical marijuana dispensaries. And in Carson City, there will be a total of two allowed. One will be allowed for each of the rural counties in the state.

It’s noteworthy that many of the lawmakers expressed personal opposition to medical marijuana, they felt it important to uphold the while of the people.

Since medical marijuana was first approved in Nevada in 2000 by a vote of 65 percent, patients have found themselves in a legal gray area.There was no provision in that law authorizing the establishment of medical marijuana dispensaries. A great number of patients are so ill that they are unable to grow it for themselves. As such, they have had to rely on others to provide their medicine. That has left many confused about whether their marijuana purchases have been illegal or not.

They knew that they or their caregivers were allowed to grow up to seven plants or up to an ounce of marijuana. But Nevada’s arid desert conditions were not conducive to the intensive process needed to grow the plant. Plus, obtaining cannabis seeds is illegal under state law.

There are a total of about 3,600 registered marijuana patients in the state, and lawmakers agreed their access to the drug was severely limited. Most of those who are registered are between the ages of 55 and 64.

SB 374, which was introduced in March by the state’s Democratic Senate Judiciary Committee chairman, will serve to regulate dispensaries that provide services to those patients. Under this measure, the Department of Health and Human Services will be the agency to provide the oversight. Growers will be required to cultivate the drug in facilities that are secure, enclosed and locked.

The law also requires 24-7 video surveillance at both dispensaries and farms, establishes a cap on fees charged by the Health Division. Basic guidelines for dispensary owners are set forth, though the division is given the option of adopting any future regulation as necessary.

The law increases the amount of marijuana patients and caregivers can possess and grow and lays the groundwork for safeguards to help against fraud..

Lawmakers say this was a step they should have taken more than a decade ago, and pointed to successful dispensary regulation programs in Arizona, Colorado, Oregon and Washington state.

The Nevada CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: Nevada Assembly Approves Medical Marijuana Dispensaries, June 3, 2013, Nevada Marijuana Lawyer Blog More Blog Entries: Marijuana DUI, Purchase, Debated By Nevada Legislature, May 19, 2013, Nevada Marijuana Lawyer Blog

Our Nevada marijuana lawyers understand that as it stands right now, 18 states as well as Washington D.C. have legalized medical marijuana, but not all of those have a state-run system of regulation for farmers, distributors and patients.

It’s been more than a dozen years since voters in Nevada amended the state’s constitution to legalize the use of marijuana for medicinal purposes. But the problem has been that patients had no way of obtaining the drug legally in their home state, unless they chose to grow it at home.

What SB 374 does is pave the way for the legalization of dispensaries.

The state Assembly voted 28-14 to pass the measure, and now it goes to the state Senate for procedural approval. From there, it will go to the desk of Gov. Brian Sandoval. The governor is a Republican, and though historically the party has not supported pro-marijuana legislation, we have seen a dramatic shift in that regard in recent years. Sandoval has said he plans to consider it.

Sen. Tick Segerblom (D-Las Vegas) was the primary sponsor of the bill, and said that it’s an important one to pass because sick patients need to be provided with access absent fear that they’re breaking the law.

The bill lays out the foundation for how the state could make marijuana available to patients holding a medical marijuana card. It would impose certain fees and restrictions for those who grow and process the plant, and it would also establish guidelines for those who decide to open a dispensary.

This may be a good opportunity for those who operated dispensaries in California to move those operations to Nevada. With more established guidelines, dispensary operators could be more confident in the legal parameters and expectations, versus in California where the rules have been much more muddled.

Establishment of a dispensary in Nevada, whether by a first-time operator or someone who has previous experience, should not be undertaken without legal representation, provided by a law firm with extensive collective knowledge on these issues.

This is not the first time Nevada has tried to enact a structure. Numerous legislative efforts to legalize dispensaries have failed over the course of the last several years. But there is evidence that some staunch opponents may be beginning to bend.

For example, Rep. Pat Hickey, (R-Reno), the party’s floor leader, said that while he opposed the measure based on fear of potential social consequences, he conceded that the money it would bring in would do wonders to help the cash-strapped state.

Still, some are worried about enacting a measure that wouldn’t provide protections for those who might still be subject to action from federal prosecutors. This remains a concern, though we are confident that the more states enact definitive measures like these to keep dispensaries on a tight leash, the less federal involvement we’re going to see.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources: Nevada Legislature Approves Medical Marijuana Dispensaries, Plus 10 Illnesses Doctors Say Cannabis Treats, June 4, 2013, By Nadia-Elysse Harris, Medical Daily More Blog Entries: Marijuana Dispensaries Systematically Targeted by IRS, June 5, 2013, Nevada Cannabis Lawyer Blog