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 directed 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.

In mid-2014, the Sparks City Council amended the Sparks Municipal Code (SMC) to provide for land use (i.e., zoning) approval and the issuance of business licenses to MMEs in compliance with Nevada law.  Land use approvals are addressed in SMC Title 20 (Sections 20.03.025-026) and require an Administrative Review.  Business licensing for MMEs was addressed by adding a new section - 5.80 - to Chapter 5 of the SMC.  The City’s licensing of a MME requires a provisional approval from the State of Nevada, the City’s issuance of an Administrative Review and the issuance of a Certificate of Occupancy for the building the MME will occupy.  Neither the City’s Administrative Review process nor the approval of a business license requires a public hearing.

Following the City Council’s changes to the SMC, Greenleaf Wellness submitted Administrative Review applications to establish and operate a dispensary, as well as a cultivation and production facility, at 1825 Freeport Boulevard.  The Freeport Boulevard location was approved through the City’s Administrative Review process in September of 2014.  Greenleaf also completed the Site Plan Review process for the construction of a new building on this site. Greenleaf Wellness was, however, unable to come to terms for purchase of the Freeport Boulevard site and the MME uses could not be established at this location.

In 2015, the Nevada Legislature approved SB 276 which includes the following provision, effective October 1, 2015:

Sec. 3. NRS 453A.350 is hereby amended to read as follows:

453A.350 1. Each medical marijuana establishment must:

[1.] (a) Be located in a separate building or facility that is located in a commercial or industrial zone or overlay;

[2.] (b) Comply with all local ordinances and rules pertaining to zoning, land use and signage;

[3.] (c) Have an appearance, both as to the interior and exterior, that is professional, orderly, dignified and consistent with the traditional style of pharmacies and medical offices; and

[4.] (d) Have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.

2. A medical marijuana establishment may move to a new location under the jurisdiction of the same local government as its original location and regardless of the distance from its original location if the operation of the medical marijuana establishment at the new location as been approved by the local government. A local government may approve a new location pursuant to this subsection only in a public hearing for which written notice is given at least 7 working days before the hearing.

In September of 2015, Greenleaf Wellness, Inc. submitted a new Administrative Review application for a dispensary at the 960 S. McCarran Boulevard location.  On October 6, 2015, Greenleaf Wellness submitted the attached request, pursuant to SB 276, for the Sparks City Council to conduct a public hearing and approve a change of location to move the medical marijuana dispensary from 1825 Freeport Boulevard to 960 S. McCarran Boulevard.

As noted above, the City’s land use entitlement and business licensing processes for MMEs do not include a public hearing requirement.  Greenleaf Wellness’s request for a public hearing and City Council approval are due to the changes to NRS 453A.350 which allow a medical marijuana establishment (MME) that has been granted a provisional certificate by the State of Nevada to change to a new location within the jurisdiction of the same local government if the change has been approved by the local government after a public hearing for which at least 7 working days notice has been provided.  This agenda item provides for a public hearing and for the City Council to consider and possibly grant its approval for the dispensary change of location requested by Greenleaf Wellness.  Notice of this public hearing was published in the Reno Gazette Journal on October 14, 2015.

City staff have completed the Administrative Review process and have concluded that the proposed location at 960 S. McCarran Boulevard complies with the City’s zoning code standards for a medical marijuana dispensary.  Accordingly, City staff have issued an approval letter (see Attachment C) which is contingent on the City Council approving the change of location in a public hearing.  Staff recommend that the City Council conduct the public hearing required by Nevada law and grant Greenleaf Wellness, Inc. approval to change the location of their proposed medical marijuana dispensary from 1825 Freeport Boulevard to 960 S. McCarran Boulevard.

The City Council may choose not to approve the change of location for the Greenleaf Wellness, Inc. medical marijuana dispensary or provide alternative direction to staff.

I move to approve the request from Greenleaf Wellness, Inc. to move a medical marijuana dispensary from 1825 Freeport Boulevard to a location at 960 S. McCarran Boulevard.