A. The City of Mesquite finds that:
1. In 2017, the people of the State of Nevada approved Ballot Question #2 legalizing the use of marijuana for persons twenty one (21) years of age or older, now codified in Nevada Revised Statutes 453D, which allows recreational marijuana 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;
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 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 453D;
3. Nevada law allows the City to enact regulations to protect and promote the public health, safety and general welfare of the citizens of the City;
4. The operation of a marijuana establishment is a revocable privilege and there is no property right for individuals or businesses to operate marijuana establishments within the corporate limits of the City. To the extent that marijuana 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 to protect the public interests over marijuana business interests;
5. 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;
6. 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 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 453D;
7. Federal law makes it unlawful to cultivate, possess, distribute, or dispense marijuana. However, on August 29, 2013, the United States Department of Justice ("DOJ") issued a memorandum advising that the DOJ would allow enforcement of state laws that authorize marijuana production, distribution, and possession to be handled primarily by state and local law enforcement regulatory bodies as long as the state and local governments enact laws that implement "strong and effective regulatory enforcement systems" to address the Federal government's identified enforcement priorities. The following enforcement priorities were specified by the DOJ as being particularly important to the Federal government:
a. Preventing the distribution of marijuana to minors;
b. Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
c. Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;
d. Preventing state authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
e. Preventing violence and the use of firearms in the cultivation and distribution of marijuana;
f. Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
g. Preventing the growing of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and
h. Preventing marijuana possession or use on Federal property. (Ord. 524, 9-26-2017, eff. 10-18-2017)