(A) Because the use, cultivation, distribution, production, possession and transportation of cannabis remains unlawful under Federal law and regulations, and because cannabis remains classified as a Class I controlled substance by both state and Federal law, any person who owns, operates, is employed by or is otherwise involved in a medical cannabis establishment or cannabis establishment may be prosecuted under the Federal Controlled Substance Act and related Federal law and regulations regardless of whether the medical cannabis establishment or cannabis establishment is in compliance with state law or the provisions of this section.
(B) This section is intended to implement the provisions of NRS Chapters 453A and 453D, and to establish criteria for the issuance of licenses that are a prerequisite to exemption from state prosecution as provided for in NRS Chapters 453A and 453D.
(C) A business license issued pursuant to this article does not establish any defense or immunity for any person from potential criminal liability under Federal law or regulation for the cultivation, distribution, production, possession or transportation of cannabis.
(D) The City of Carlin does not have the authority, and nothing in this section shall be construed as any authority of the City of Carlin, to authorize, promote, condone, facilitate or assist in the cultivation, distribution, production, possession or transportation of cannabis in violation of any provision of Federal law or regulation.
(E) By voluntarily applying for and accepting a business license issued in accordance with this section to operate a medical cannabis establishment or cannabis establishment, the holder of the business license and any other owners, managers, agents, employees, affiliates, heirs and assigns of the medical cannabis establishment or cannabis establishment for which the license is issued:
(1) Waive and release the City of Carlin, its officers, elected officials, employees, attorneys and agents from any liability from injuries, damages or any other liability of any kind that results from any arrest, prosecution or regulations.
(2) Jointly and severally agree to indemnify, defend and hold harmless the City of Carlin and any of its elected or appointed officers, agents, employees or attorneys from any and all claims, demands, actions, damages, decrees, judgments, attorney fees, costs and expenses which may be asserted against the City of Carlin, or such elected or appointed officers, agents, employees or attorneys arising out of or in any manner connected with the medical cannabis establishment or cannabis establishment that is the subject of a license issued under this title, including, without limitation, any injury, loss or damage, including claims arising from bodily injury, personal injury, sickness, disease, death, property loss or any other loss of any kind whatsoever arising therefrom. This duty to defend and indemnify the City of Carlin hereunder shall apply regardless of any fault of the City of Carlin in the issuance of a license. The duty to defend the City of Carlin is absolute and shall arise as soon as any demand or claim is asserted against the City of Carlin and is not conditioned upon a finding of any fault of the holder of the license. The City of Carlin is entitled to select the attorney to defend against the claims and the holder of the license shall immediately pay all fees and costs charged by the attorney selected by the City of Carlin.
(F) Except as otherwise provided in this subsection, a separate application and business license is required for each medical cannabis establishment or cannabis establishment.
(G) Any record regarding a medical cannabis establishment or cannabis establishment that is received by the City of Carlin is confidential to the same extent that the record would be deemed confidential if it had been provided to the applicable state agency pursuant to NRS Chapter 453A or NRS Chapter 453D. To the extent not prohibited by law, the City of Carlin may share any such record as required or necessary with the applicable state agency and with the employees of the City of Carlin to perform official duties, and with any local, state or Federal law enforcement agency as required for law enforcement purposes. (Ord. 2019-249, 12-4-2019)