Pubdate: Thu, 05 Sep 2013
Source: Reno Gazette-Journal (NV)
Contact: http://www.rgj.com/letters
Copyright: 2013 Reno Gazette-Journal
Website: http://www.rgj.com/
Details: http://www.mapinc.org/media/363

SHERIFF SEEKS TO PROHIBIT MEDICAL MARIJUANA LOCATIONS BY LAND USE

Lyon County Sheriff Allen Veil is asking the Lyon County Board of 
Commissioners to propose an ordinance amending Lyon County Code to 
prohibit medical marijuana establishments in unincorporated areas of 
the county. During the recent session, the state legislature approved 
certain medical marijuana establishments.

Under county code, one commissioner could propose the ordinance 
change at the Sept. 5 board meeting. The ordinance would return 
before the board at a later date for full action.

Veil is asking the board to propose and ultimately approve an 
ordinance that would adopt Lyon County Code Title 10, Chapter 1, Part 
3, Paragraph D, and amend Title 10, Chapter 1, Part 3, Paragraph C.

The draft ordinance submitted by Veil would state in Paragraph D 
regarding medical marijuana establishments: "Notwithstanding any 
other provision of this Code, medical marijuana establishments are 
not allowed, and shall be unlawful as a permitted use, special use or 
accessory use in any zone throughout the unincorporated areas of Lyon County."

It continues that this prohibition is "not intended to interfere with 
the individual rights of persons to the medical use of marijuana as 
permitted by Chapter 453A of the Nevada Revised Statutes."

Veil is basing this on approval by the Nevada Legislature of Senate 
Bill 374 during the 2013 session, and Section 10.5 in particular, 
requires that "medical marijuana establishments be located in 
accordance with local governmental ordinances on zoning and land use 
and be professional in appearance."

The draft ordinance to be considered by the commission begins with a 
resolution that states, "Whereas, existing Nevada law provides 
immunity from state and local prosecution for possessing, delivering 
and producing marijuana in certain limited amounts for patients with 
qualifying medical conditions."

It continues to state that the county recognizes the rights of 
qualifying individuals to grow, possess and use marijuana for medical 
purposes as provided by the Medical Use of Marijuana law adopted by 
the State Legislature in 2001. However, it also says the county "has 
a long tradition of applying strict land use standards to protect the 
unique land use zones and communities in Lyon County and, in some 
cases, Lyon County has banned certain types of retail and industrial uses."

Citing reasoning for this step, the draft resolution goes on to say, 
"Regulations related to the sale and distribution of substances 
controlled by state and federal law are necessitated by the large 
geographic size of the county, the limited resources of the county, 
and the close proximity of residential, school, park and religious 
uses to commercial and industrial uses in each community in the county."

The draft resolution later states, "Cities and counties in other 
states that have permitted the establishment of marijuana 
dispensaries and related activities have witnessed an increase in 
crime, such as burglaries, robberies and sales of illegal drugs in 
the areas immediately surrounding such facilities."
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