2014 2:00:00 PM

Monday, February 10, 2014 2:00 PM
City Council Chambers, Legislative Bldg, 745 Fourth St., Sparks

General Business: 6.3

Title: Discussion and possible direction to initiate amendments to Title 20 to allow medical marijuana establishments in appropriate non-residential zoning districts in compliance with Nevada Senate Bill 374 (2013) and the State of Nevada’s forthcoming regulations for medical marijuana establishments.

Petitioner/Presenter: Community Services Department/Armando Ornelas

Recommendation: Direct City staff to prepare and bring forward for City Council consideration amendments to Title 20 to allow medical cannabis (marijuana) establishments in appropriate non-residential zoning districts.

Financial Impact: None

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: This agenda item provides the City Council the opportunity to direct staff to prepare and bring forward for the Council’s consideration amendments to Title 20 (City of Sparks Zoning Ordinance) to allow medical marijuana establishments to locate in non-residential zoning districts, in compliance with Nevada Senate Bill 374 (2013) and the State of Nevada’s forthcoming regulations for medical marijuana establishments.

Background: In the year 2000, voters in Nevada passed Question 9, amending the state constitution to sanction medical cannabis (i.e., marijuana) and, specifically, to allow physicians to authorize qualified patients to consume and grow cannabis. However, no provision was made for facilities where patients may obtain medicinal marijuana. In 2013, the Nevada legislature passed and Governor Sandoval signed into law SB 374, which directs the Nevada Department of Health and Human Services to develop regulations for, and oversee the creation of, licensed establishments to produce, test, and dispense cannabis and cannabis-infused products to authorized patients.

Analysis: SB 374 has various provisions that address the physical location of medical marijuana establishments. These include restrictions that prohibit medical marijuana establishments within 1,000 feet of a public or private school providing formal education for pre-school/K to 12 or within 300 feet of a “community facility” that exists on the date of application to the State of Nevada. A community facility is defined in the law as a day care facility, public park, playground, public swimming pool, recreational facility for children or adolescents, a church or other religious place. In addition, and directly germane to this agenda item, SB 374 stipulates that each medical marijuana establishment must comply with local ordinances and rules pertaining to zoning, land use and signage. At present, medical marijuana establishments are not expressly permitted uses in any of the City’s zoning districts. This agenda item provides the City Council the opportunity to direct staff to prepare and bring forward for the Council’s consideration amendments to Title 20 (City of Sparks Zoning Ordinance) to allow medical marijuana establishments to locate in non-residential zoning districts while maintaining compliance with Nevada Senate Bill 374 (2013) and the State of Nevada’s forthcoming regulations for medical marijuana establishments.

Alternatives: The City Council may choose not to direct staff to prepare amendments to Title 20 to allow medical marijuana establishments.

Recommended Motion: I move to direct staff to prepare and bring forward for City Council consideration amendments to Title 20 to allow medical marijuana establishments to locate in non-residential zoning districts.

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