Despite the unsettled nature of federal enforcement of the federal criminal drug laws in the context of state medical marijuana laws, the Nevada Legislature enacted Senate Bill No. 374 during its recently completed 77th Regular Session, and the Governor signed it into law on June 12, 2013. Senate Bill No. 374 (“SB 374”) provides for the registration of medical marijuana establishments authorized to cultivate, dispense, and manufacture marijuana products for sale to persons authorized to engage in the medical use of marijuana. The full text of SB 374 can be found at https:// nelis.leg.state.nv.us/77th2013/App#/77th2013/Bill/Text/ SB374. The new law amends and expands upon existing state law, NRS 453A.010 et seq., by now specifying the manner in which authorized patients are to obtain medical marijuana.

Implementation of SB 374 -

The Nevada Division of Public and Behavioral Health (the “Division”), an arm of the Nevada Department of Health and Human Services, is the state agency charged with regulating Nevada’s medical marijuana program and implementing the new law. By April 1, 2014, the Division must write and adopt regulations it determines necessary to...

Originally published in COMMUNIQUÉ - October 2013.