On January 8th, recreational marijuana became legal for possession by Nevada residents in the Silver State. However, this new law does not mean that there are no restrictions on the use of pot.
Several caveats must be taken into account regarding the law. Despite its legality in the state, it seems that Las Vegas casinos are cautious and will continue to prohibit marijuana from their properties.
Why NV casinos are playing it safe
A recent publication by the newly established Nevada Independent indicates numerous reasons why casinos will enforce marijuana laws more strictly than most.
The law permits individuals in Nevada to own up to an eighth of an ounce of recreational marijuana. However, consumption of that marijuana in public places is not permitted under the same law. Therefore, venues like clubs, restaurants, or the gaming floors of casinos are not legally acceptable places to consume marijuana according to the state law.
The law is less clear on the issue of whether hotel guests are allowed to use marijuana in their rooms at these properties.
According to state law, using a casino hotel room seems acceptable. However, casino operators and regulators express concern that the strict standards needed to run a casino in the state necessitate different rules.
Dr. Tony Alamo, Chairman of the Nevada Gaming Commission (NGC), spoke to the Nevadan Independent, stating:
Our approach is based on regulations. Our discussions do not focus on the financial aspects, or the improvement or decline of hotels and casinos. As regulators, we insist that our license holders abide by the laws, rules, and policies of the state, federal government, and local authorities.
Marijuana is not approved by federal law. Consequently, the NGC has issued a warning that the presence of any drugs, including marijuana, on the premises of a licensed casino could lead to penalties and punishments.
Current marijuana law is problematically hazy
In Nevada, casinos may have clear guidelines on where marijuana can and cannot be used. However, for others, the ambiguously worded law appears too broad.
Voters passed the measure as a legal referendum on the November election ballot. The law requires the use of marijuana on private property only with the explicit consent of the property owner.
At present, smoking is prohibited in bars, restaurants, and the about-to-open marijuana dispensaries.
State Senator Tick Segerblom is advocating for more lenient restrictions on marijuana consumption locations. He informed the Las Vegas Sun that the thriving tourism industry poses a challenge to the new law and should be taken into account when stipulating where marijuana can be used.
It appears that the local government in Nevada is driven to ensure the success of the new marijuana laws. Governor Brian Sandoval has expressed his intention to impose a 10 percent tax on marijuana once dispensaries begin operations later this summer.
Individuals who use marijuana in Nevada need to exercise caution. Although the law is officially operational, the lack of regulated dispensaries in the state makes the purchase of marijuana largely illegal.
Transporting marijuana across state lines, receiving it through mail, having it flown in, or obtaining it from someone with a medicinal marijuana prescription, all constitute illegal activities.
Police in Nevada are prohibited from questioning individuals who possess less than an eighth of an ounce of marijuana about its origin, as holding this quantity is no longer considered a crime.
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