The first day that Nevada citizens could legally possess recreational marijuana was on January 8. However, don’t assume that this new law implies unrestricted usage of pot.
Many aspects of the law need to be considered. Despite it potentially being legal in the state, it seems that Las Vegas casinos are opting to play it safe on the marijuana issue and continue to prohibit it on their premises.
Why NV casinos are playing it safe
A recent report from the recently established Nevada Independent states multiple reasons why casinos are likely to enforce marijuana regulations more rigorously than other establishments.
Nevada law permits individuals to have up to an eighth of an ounce of recreational marijuana. However, it prohibits the consumption of marijuana in public spaces. Thus, according to state law, using marijuana in clubs, restaurants, or the gaming floors of casinos is not permitted.
The ambiguity of the law becomes apparent when considering whether hotel guests can consume marijuana in their rooms at these properties.
The state law appears to permit usage in a casino hotel room. However, both casino operators and regulators express concern that the rigorous standards needed to run a state casino necessitate a separate rule set.
Dr. Tony Alamo, Chairman of the Nevada Gaming Commission (NGC), communicated to the Nevadan Independent:
Our approach is from a regulatory perspective. Our discussions are not centered around revenue streams or the improvement or decline of hotels and casinos. As regulators, we require our licensees to adhere to the laws, rules, and policies of the state, federal government, and local municipalities.
Marijuana is not approved at the federal level. Consequently, the NGC is upholding that the presence of any drugs, including marijuana, on any part of a licensed casino’s premises could lead to fines and penalties.
Current marijuana law is problematically hazy
In Nevada, casinos may have clear guidelines about where marijuana can be used. However, for others, the ambiguously phrased law seems too indefinite.
Voters passed the measure as a legal referendum on the November election ballot. The law requires that marijuana can only be used on private property with the clear consent of the property owner.
Currently, smoking is not allowed on the premises of bars, restaurants, and the soon-to-be-open marijuana dispensaries.
State Senator Tick Segerblom is advocating for more lenient guidelines on marijuana consumption locations. He informed the Las Vegas Sun that the burgeoning tourism industry creates a challenging situation for the new law and needs to be taken into account when determining where marijuana can be used.
The local government appears driven to ensure the success of the new marijuana laws in Nevada. Governor Brian Sandoval has expressed his intention to levy a 10 percent tax on marijuana once dispensaries commence operations later this summer.
Those who use marijuana in Nevada need to exercise caution. Although the law technically permits it, the absence of regulated dispensaries in the state means that the purchase of marijuana is generally still unlawful.
It is illegal to transport marijuana across state lines, receive it through mail, have it flown in, or obtain it from someone with a medicinal marijuana prescription.
Since possession of less than an eighth of an ounce of marijuana is no longer a crime, Nevada police are prohibited from inquiring about how those possessing such amount obtained it.
Image courtesy of Jonathan Weiss via Shutterstock, Inc.
