Nevada Supreme Court Push to Settle Marijuana Distribution Battle

Nevada sign with marijuana leafThe legal battle over who can transport recreational marijuana to Nevada’s cannabis shops continues. Earlier last week, the Nevada Supreme Court issued a temporary injunction against the state’s newfound marijuana market; the state Department of Taxation is now unable to license marijuana businesses as distributors.

A request by the Tax Department for the temporary injunction sought by alcohol distributors was denied by the Supreme Court. The court also rejected the Independent Alcohol Distributors of Nevada’s request to dismiss the case. So, the big question remains: will other businesses have just as much right to transport recreational weed to retail facilities as the alcohol trade?

The Nevada Supreme Court has placed this hold on distribution until it can hear oral argument from both sides. This hearing to settle who is allowed to distribute recreational cannabis is scheduled for the beginning of October 3 at Boyd School of Law at UNLV. This legal battle has been going on since June – when liquor distributors sued to stop the licensing of marijuana companies to do their own distribution – and neither group is showing signs of giving an inch.

According to the Las Vegas Review Journal, “Alcohol distributors argue that they have the exclusive right under Question 2 to distribute recreational marijuana from grow facilities to retail establishments for 18 months. The Tax Department found that the liquor industry was unable to fulfill the distribution demands so it had to license other companies.”

This issue has already had negative effects on the marijuana merchants and the market as a whole. With all the legal snags, the state’s overall cannabis supply has suffered. So much so that Governor Brian Sandoval issued a Statement of Emergency over the summer to try and boost distribution of recreational marijuana to avoid people resorting to the black market.

Another huge issue merchants and medical marijuana businesses experience is finding payment processing solutions. Marijuana merchants in need of business funding and payment processing can find fast solutions with alternative lenders like Marijuana Merchant Account (MMA). Specializing in this industry, MMA can provide funds in as little as 24 hours. The “high risk” nature of the industry is not a problem.

The expectation is that this legal battle will be resolved by the end of this year, which will hopefully improve the atmosphere for all parties involved – including marijuana merchants.

start

Christmas in July, Nevada Celebrates Legalization of Recreational Weed

christmasNevada has joined Colorado, Oregon, Washington and Alaska in becoming the fifth state to open dispensaries to recreational users. The celebration that took place with the legalization July 1st at midnight included DJs, food trucks and long lines. State Sen. Tick Segerblom, the pro-pot legislator who backed both medical and recreational marijuana, was the first the make a purchase.

Scot Rutledge, who worked on the Regulate Marijuana Like Alcohol campaign, describes it as “It’s like Christmas wrapped into New Year’s. It’s surreal.”

Amid the celebrations, some are asking a lot of questions. How does Nevada plan to regulate and process recreational measures? It may be the state where gambling, prostitution and drinking in public is legal, but recreational marijuana is still a new frontier – even for Nevada.

So far, it appears that Nevada is several steps ahead of the other recreational states. California Maine and Massachusetts also past recreational measures in November, but have yet to finalize their rules. Nevada, on the other hand, has shared that it expects to collect $70 million for education in the next two years by taxing recreational marijuana at around 34 percent. Nevada’s medical program (protected by a recently passed law) will collect fewer taxes; this will keep costs down for sick individuals.

Now, under Nevada law:

  • Individuals 21 years of age and older are now able to buy and possess up to an ounce of flower, or an eight-ounce of concentrates (wax, shatter and oil) at a dispensary located anywhere throughout the state.
  • Purchases are to be made in cash with a valid ID
  • Driving under the influence is illegal
  • And products can only be consumed on private property with the owner’s permission (does not include hotels and casinos)

At the moment, only Colorado is working towards public consumption by allowing bookstores and yoga studios the opportunity to apply for permits. However, Colorado’s only obstacle appears to be indoor smoking bans, which is not the case for Nevada. Still, many are optimistic that lounges connected to Nevada dispensaries could open later this year.

In the meantime, merchants do have the challenge of operating in cash-only. Traditional providers are typically unwilling to work with the marijuana industry because of the risks involved. This is where alternative providers – like Marijuana Merchant Account – have stepped in and offered safe payment processing solutions and flexible business funding options. For now, those behind the push for the legalization of recreational marijuana are very hopeful that changes in the right direction will continue.

start