(A) Findings: The City of Carlin city council finds:
(1) In 2013, the Nevada Legislature passed, and the Governor signed into law, Senate Bill 374, now codified in Nevada Revised Statutes 453A, which allows Medical Cannabis Establishments within the State of Nevada; and requires such establishments to comply with all local business licensing requirements, local land use, and Code requirements;
(2) In 2017, the people of the State of Nevada approved Ballot Question #2 legalizing the use of Cannabis for persons twenty one (21) years of age or older, now codified in Nevada Revised Statutes 453D, which allows recreational cannabis establishments and sales within the State of Nevada and requires such establishments to comply with all local business licensing requirements, local land use and Code requirements;
(3) Federal law and regulations classify cannabis as a Schedule I controlled substance and prohibit its cultivation, possession, dispensing, and use, among other things, for medical reasons or otherwise. This chapter is intended to implement Nevada Revised Statutes 453A and 453D, and to establish criteria for the issuance of licenses that are a prerequisite for the exemption from State prosecution provided for in Nevada Revised Statutes 453A and 453D;
(4) Nevada law allows the City of Carlin to enact regulations to protect and promote the public health, safety and general welfare of the citizens of the City of Carlin;
(5) The operation of a medical cannabis establishment or cannabis establishment is a revocable privilege and there is no property right for individuals or businesses to operate medical cannabis establishments or cannabis establishments within the corporate limits of the City of Carlin. To the extent that medical cannabis establishments or cannabis establishments are registered and authorized by the State, the purpose of this chapter is to license and regulate them within the corporate limits of the City of Carlin to protect the public interests over medical cannabis business interests or cannabis business interests;
(6) Nothing in this chapter shall be construed to confer any legitimate claim of entitlement to any benefit which might otherwise devolve upon any licensee or any person approved for suitability;
(7) Nothing in this chapter is intended to authorize or make legal any act that Federal or State law does not permit or sanction or assist in any violation of any Federal or State law. This chapter is intended to implement Nevada Revised Statutes 453A and 453D and to establish criteria for the issuance of licenses that are a prerequisite for the exemption from State prosecution provided for in Nevada Revised Statutes 453A and 453D.
(B) Intent: The intent of this chapter is to establish the licensing, zoning, land use and development requirements applicable to medical cannabis uses, as authorized under chapter 453A of Nevada Revised Statutes, and retail cannabis uses, as authorized under chapter 453D of Nevada Revised Statutes. (Ord. 2019-249, 12-4-2019)