The Nevada State Legislature met in Carson City early this year and worked hard to pass nearly 564 Bills in the 2021 session. These Bills ranged from decriminalizing speeding tickets to expanding voting procedures. This series of blogs will focus on all the changes made to Nevada laws in all areas, from banning specific types of weapons without serial numbers, to increasing taxes on the mining industry to help fund our education system in Nevada. Even though the session just ended, the laws have made their way to the Governor’s desk and become effective once signed by the Governor. The following Bills in these blogs have been signed by the Governor.
This blog will focus on several new laws passed regarding Cannabis and several new procedural laws regarding personal data disclosure on the internet and the statute of limitations for child molestation victims to sue for civil damages.
Assembly Bill 341: This Bill authorizes cannabis consumption lounges in Nevada. The Nevada legislature provide for two types of cannabis lounges in this legislation. The first type of lounge allows an existing dispensary to add a place for a lounge area. It is important to note that the law provided that only one lounge is allowed per license no matter how many locations a dispensary maintains. The second type of lounge permits independent businesses to build a consumption lounge with single-use cannabis products for sale. This law can be found at Section1.Chapter 678A of NRS and the amendments are as follows:
Nevada first legalized recreational marijuana dispensaries in 2017 in Nevada. Since that time, many tourists have found that although they can purchase cannabis, they have nowhere to legally consume it because consumption has only been permitted at private residences. It is not legal to use marijuana products inside casinos and hotels. However, the hotel industry has found that tourists have resorted to consuming marijuana outdoors or in their hotel rooms. This new law became effective on October 1, 2021.
It has been six years since Nevadans voted in favor of legalizing recreational marijuana. This new law allows for the consumption of recreational marijuana somewhere other than a private residence. Gov. Steve Sisolak signed Assembly Bill 341 which allows for the development of “consumption lounges.” It should be noted these lounges are alcohol-free but have a bar type atmosphere. Patrons must be over the age of 21 and will be able to purchase and consume marijuana products.
These new lounges rapidly became operational and there is already a top ten list on YELP. Nevada’s cannabis regulators say “there’s no hard cap” how many lounges will be licensed. However, since owners of multiple dispensaries are only allowed to open one lounge, it is not likely they will be popping up in abundance. Assemblyman Steve Yeager, D-Las Vegas, who sponsored the legislation stated, “I think this really solidifies us as the cannabis destination,” Businessman Christopher LaPorte, a hospitality specialist and cannabis consultant, was quoted as saying that “consumption lounges could attract younger visitors to Las Vegas, a market the city has long coveted.”
“Social-use lounges will allow us to not create a new Amsterdam, but a new Napa Valley,” which is famous for attracting wine aficionados, he said. “We’re going to turn cannabis into a hospitality industry. No one’s going to touch what Las Vegas does with this industry.” Christopher LaPorte
Senate Bill 168: Allows for curbside pickup and changes labeling requirements for cannabis products. The new law is codified at NRS 678A.450. Existing law required that cannabis products “Are not labeled or marketed as candy” The new labeling requirements added are as follows:
(h) Are labeled with:
(1) The words “Keep out of reach of children”;
(2) A list of all ingredients used in the cannabis product;
(3) A list of all major food allergens in the cannabis product; and
(4) Any other information the Board may require by regulation
2. A cannabis production facility shall not produce cannabis products in any form that:
(a) Is or appears to be a lollipop.
(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.
(c) Is modeled after a brand of products primarily consumed by or marketed to children.
(d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola.
3. A cannabis production facility shall:
(a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent. . ..
Assembly Bill 296: Allows people to sue for having sensitive or personal data publicly disseminated (also known as “doxxing”). Doxing (sometimes written as Doxxing) is a term that refers to the act of revealing identifying information about a person online, such as their real name, home address, workplace, phone, financial, and other personal information. The offender then circulates that information to the public without the victim’s permission. This law became effective July 1, 2021. There is not a federal statue in effect that specifically refers to doxing although many federal acts such as the stalking laws and harassment statutes are covered by federal law. Other states such as West Virginia and Oregon are considering anti-doxxing laws. This new Nevada law “Establishes a civil cause of action for the dissemination of personal identifying information or sensitive information under certain circumstances.” State legislator Rochelle Nguyen was quoted as saying the language of the bill “is narrowly tailored to those people that are inciting violence or mental anguish.”
This Bill was spawned out of the violent acts that were a sad result of the extreme stress caused by the pandemic. The head of Nevada’s unemployment agency states she was driven out of her job last June because of threats to her safety as a result of doxing. Ms. Korbulic was “doxed” and as result her personal information was circulated online without her permission.
Senate Bill 203: Eliminates the statute of limitations for a civil action to recover damages for childhood sexual abuse. This law was Effective immediately upon passage and effectively amends NRS 11.215 remove the previous statute of limitations of 20 years past the child’s 18th birthday effectively the age of 38.
This series will break down all of the new laws passed by the Nevada Legislature in 2021. I hope that you will read our future blogs to be up to date and informed about these changes. At TheOneLawyer.com, we look forward to providing information that will help
our clients stay safe and informed. Even more so, we look forward to continuing our long-standing tradition of representing every client on a personal, compassionate, and professional level. We strive to treat every client as though they are our only client.
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