A. The Ely 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 marijuana establishments within the State of Nevada; and requires such establishments to comply with all local business licensing requirements and local land use and Code requirements;
2. Federal law and related regulations classify marijuana 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 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;
3. Nevada law also allows the City to enact regulations to protect and promote the public health, safety and general welfare and regulate the use of buildings, structures, land use and business and other purposes;
4. Law enforcement and residents of states that authorize the medical use of marijuana report, among other things, that dispensaries and the medical use of marijuana are correlated to myriad negative secondary effects such as an increase in violent armed robberies, burglaries, traffic, noise, drug and gang activity, organized crime and other issues related to the presence of large amounts of cash, such as money laundering and firearms violations and the underreporting of crimes committed at medical marijuana establishments, the creation of opportunities for the diversion of marijuana for medical use into illegal use, increased poisonings, structural fires and mold growth, and decreased quality of life; and a disregard of environmental standards;
5. The strong odor of marijuana plants, which increases as the plants mature, is offensive to many individuals and creates an attractive nuisance, alerting people to the location of valuable marijuana plants and creating an increased risk of crime;
6. Marijuana and cannabis edible and infused products pose risks to children, elderly and non-user populations; and
7. The public health, safety and welfare require that medical marijuana facilities and their employees be regulated and licensed in order to protect the public.
B. The City Council declares that this chapter is an exercise of the regulatory powers delegated to the City Council pursuant Nevada Revised Statutes 268. The regulations contained in this chapter involve, to the highest degree, the economic, social, physical and moral well-being of the residents and taxpayers of the City. The cultivation, distribution, production and sale of medical marijuana is not a matter of right but of privilege, which would otherwise be unlawful if it were not conducted pursuant to Nevada Revised Statutes 453A, local land use regulations and a license under this chapter. This privilege may be denied, revoked, conditioned, suspended or subjected to any other disciplinary action by the City in the exercise of its police powers for the protection of the safety, welfare, health, peace and morals of the residents and taxpayers thereof. Businesses engaged in the sale or other disposition of medical marijuana must therefore comply with all requirements of this chapter, Nevada Revised Statutes, including, but not limited to chapter 453A, and Nevada Administrative Code, including, but not limited to chapter 453A. Every person licensed pursuant to this chapter shall cooperate with the State of Nevada, City of Ely and White Pine County Sheriff's Office personnel in the exercise of their duties under this chapter.
C. 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.
D. 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 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. (Ord. 707, 12-14-2017)