Legal Nevada was the only program to mandate laboratory testing in the country from its inception. In most states, when you purchase a cannabis product you have no idea how much THC is in that product. Further, Nevada’s program is striving to test reliably to identify the exact strain so that when you buy marijuana here you can consume it with the same confidence of its content and effects as you can with a shot of vodka, or a Tylenol. Many of us have been frustrated with the stringent regulation requiring testing and labelling, but in the long run it will benefit the industry, not to mention the customers, because people will know more about what they purchase here than anywhere in the country. Many of us continue to be frustrated by the expenses involved in getting growers, producers and dispensaries operating. This too will benefit us in the long-run because Nevada will avoid the false starts and enormous confusion that California and, to a lesser extent, Colorado, have experienced. Tourists can travel to Nevada with confidence that they will be able to get what they came for - the most reliable product in the country. With all of this said, it is important for businesses growing, producing or distributing cannabis products to understand that compliance with state regulations is not a defense to a civil lawsuit. Your business must be in compliance with state regulations to maintain your certificate in good standing. Civil liability is not impacted by your compliance. There are other steps that you can take to document everything you do to avoid consumer injury, but you cannot rely on compliance with state mandated regulations as a defense. With the quality assurances in place, though, valid consumer complaints or alleged negative outcomes should be reduced and customer satisfaction will help your business to thrive. Martina Jaccarino is Of Counsel with the law firm of Black & LoBello. She has extensive experience representing insurance companies and corporations from risk assessment and loss prevention. Ms. Jaccarino is licensed to practice law in three states and earned her degree from the Villanova School of Law in 1995.
Marijuana Patients and Firearms By: Derek J. Connor Esq.
As an attorney practicing in the medical marijuana field, patients often approach me with questions regarding their rights under the law. One issue that seems to be raised more than any other involves the relationship between firearms and marijuana. I have prepared the following to provide a brief summary of this confusing and often contradictory area of law. Whenever discussing marijuana, it is important to remember that while Nevada state law provides for the medical use of marijuana, it remains illegal under federal law. Pursuant to federal law, users of controlled substances such as marijuana are not allowed to possess firearms or ammunition. Quite simply, medical marijuana patients are federally prohibited from owning guns or ammunition. Patients should be aware that the penalties under federal law could be very severe. Nevertheless, there is nothing in Nevada state law that would prohibit a marijuana patient from owning a firearm. Additionally, there does not appear to be anything in Nevada state law that would prevent a marijuana patient from being granted a concealed carry permit. However, patients should note that under
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Nevada law they may not be in control of a firearm while under the influence of any intoxicating substance, including marijuana. Nevada law also prohibits persons who are “addicted to” controlled substances from owning or possessing firearms. Irrespective of the foregoing, some patients have reported having their firearms confiscated by law enforcement simply due to their status as a patient. Patients should note that they are potentially subject to serious penalties under federal law or the laws of other jurisdictions if they are found to be in possession of marijuana and firearms. Consequently, patients with questions regarding firearms should consult with an attorney about their rights. Derek J. Connor Esq. is the cofounder of Connor & Connor PLLC, along with his wife, Amanda N. Connor Esq. Derek practices primarily in the areas of medical marijuana, civil litigation, business law and criminal defense.
EXPERIENCED ATTORNEYS ASSISTING BUSINESSES AND
PATIENTS WITH NEVADA’S COMPLEX MARIJUANA LAWS AND REGULATIONS.
CONNOR & CONNOR PLLC _____________________________________________________________________________
ATTORNEYS AT LAW
710 Coronado Center Drive, Suite 121 Henderson, NV 89052 www.connorpllc.com (702) 750-‐9139 /ConnorConnorPLLC @Connor_pllc Connor & Connor PLLC