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After Gov. Steve Sisolak signed Assembly Bill 341 into law in June 2021, cannabis consumption lounges are set to open in Nevada by mid-2022 because of a recent increase in funding from the state’s Interim Finance Committee (IFC). AB 341 created the licensing process and regulations for an unlimited number of lounges.

According to The Nevada Independent, the IFC unanimously approved funding of nearly $11.5 million for the state’s Cannabis Control Board (CCB) to obtain more full-time staff members, work with the Nevada AD to establish regulations, and administer revenue from cannabis sales toward funding for education. The CBB also plans to establish regulations on licensing and applications for consumption lounges later this year.

While one cannabis consumption lounge—called NuWu Cannabis Marketplace—already exists on the land of the Las Vegas Paiute Tribe, the law gives the green light for more lounges to open and give Nevada residents and visitors the ability to consume marijuana products outside of their homes. Only adults who are at least 21 years of age would be allowed to enter a lounge, which will also provide single-use and ready-to-consume products – and no alcohol.

Before AB 341, cannabis consumption was only allowed in private residences if owners allow it, which is not the case for many renters and tenants. Casinos and hotels prohibit the use of cannabis.

The initial cap for the number of independent consumption lounge licenses will be at 20 – with half of this number reserved for social equity applicants. Additionally, 20 existing dispensaries will have retail consumption lounges attached to their facilities.

The cost of applying for a retail consumption lounge is $100,000, but it only costs $10,000 to apply for an independent consumption lounger. The license issuance and renewal fees cost $10,000 for both types of lounges.

The law also contains social equity provisions—for those who have been adversely affected by the criminalization of marijuana under previous laws—when it comes to obtaining a license to own and operate a cannabis consumption lounge. Qualified social equity applicants are eligible for up to 75 percent reduction in application fees, which can cost a total of $30,000 or more.

If you are interested in starting a cannabis business in Reno or obtaining legal assistance to help manage your operations, contact the Law Offices of Kenneth A. Stover today for a free consultation. More than 25 years of experience serving the legal justice system of Nevada.

More than 200 bills that were passed by the Nevada Legislature during the 2021 session are now effective as of July 1, 2021. These new laws address a wide range of issues, including criminal law.

The following are several new criminal-related laws in Nevada:

1. AB 400 – This new law removes certain “per se” limits for cannabis metabolites (i.e., amount of THC in the body) that if found in a person’s blood would lead to a DUI arrest, except for cases involving a felony offense. Now, if marijuana intoxication has impaired the driver’s ability to safely drive his/her vehicle, then he/she would be arrested for a DUI, rather than having impairment determined by a chemical test.

2. AB 116 – Most minor traffic violations—such as driving with a broken taillight, not wearing a seatbelt, making an illegal turn, minor speeding, and violating carpool lane restrictions—are now considered an infraction, rather than a criminal misdemeanor, which can be punishable by a jail sentence. Part of the law is effective as of July 1, but the rest will take effect on January 1, 2023.

3. SB 219 – This law removes the court’s power to suspend a person’s driver’s license or prevent them from applying for reinstatement they have an unpaid fine or another type of fee. The key provisions of this law take effect on October 1, 2021.

4. AB 139 – This law removes a Clinton administration-era provision that prevents individuals who were convicted of drug crimes from receiving some public assistance, such as the Supplemental Nutrition Assistance Program (SNAP)—also known as “food stamps”—and the Temporary Assistance for Needy Families (TANF).

5. AB 403 – Jaywalking will no longer be a misdemeanor offense in Nevada. As of July 1, anyone who crosses any public road or highway that is not marked by a crosswalk will only face a civil fine of $100, rather than a misdemeanor offense that carries a maximum jail term of six months and a fine no more than $1,000.

6. AB 113 – This new law adds two years to the statute of limitations for criminal sex trafficking, so now the time limit is six years, instead of four. This increased time applies to any offenses that have yet to violate the statute of limitations and for any sex trafficking crimes moving forward.

7. AB 186 – This law bans police quotas, which means law enforcement officials will not be required to issue a specific number of traffic citations or make a certain number of arrests per month or year.

8. AB 396 – This new specifies that police officers can only use deadly force if the person poses an “imminent” threat to serious bodily injury to the law enforcement officials or others. Additionally, an officer must establish probable cause to believe the individual has committed a felony causing or threatening serious injury or the use of deadly force.

If you have been arrested in Reno, do not hesitate to contact the Law Offices of Kenneth A. Stover today for a free case review. More than 25 years of legal experience!

Nevada Gov. Steve Sisolak recently signed Assembly Bill 158, Assembly Bill 341, and Assembly Bill 400 into law. AB 158 reduces the marijuana possession penalties for minors, AB 341 legalizes cannabis consumption lounges, and AB 400 amends the state’s “per se” driving limits for cannabis,.

Assembly Bill 158

A first offense for minor in simple possession of marijuana—a maximum of one (1) ounce—and falsely representing oneself as a 21-year-old to obtain pot are punishable by community service. Under current law, such marijuana-related offenses involving minors are misdemeanors, which carry a jail sentence of up to six (6) months and/or a fine no more than $1,000.

Furthermore, courts are required to automatically seal criminal records for offenders, so long as they complete the terms and conditions of their sentence. AB 158 becomes effective on October 1, 2021.

Assembly Bill 341

This law creates marijuana lounges where it is legal to consume cannabis in public on-site. Under current law, a person who is 21 years old can consume marijuana on private property, so long as the property owner consents to cannabis use. However, smoking in hotel rooms, vehicles, or a public space is off limits.

Assembly Bill 400

This legislation amends Nevada’s traffic safety laws, so that driving a vehicle with trace amounts of either THC or its metabolite is no longer considered a “per se” traffic violation—or a DUI—in certain situations. Currently, you can be charged with a DUI for small levels of THC is found in the urine or blood, even if you do not appear to be impaired or not.

Marijuana is known to remain in a person’s system for as long as two (2) weeks. So, for example, if a person consumed marijuana a week ago and is not under the influence when he is driving, if THC or metabolites appear on a test, the driver can still be found guilty of DUI in Nevada under current law.

AB 400 revises per se law by eliminating the application of those limits in cases where the violation is a misdemeanor. In contrast, if the marijuana-related DUI is a felony offense, then any trace amounts of marijuana can lead to criminal charges.

AB 400 takes effect on July 1, 2022.

If you or a loved one has been charged with a drug crime in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free case evaluation. Let a former prosecutor protect your rights and freedom!

On September 15, 2020, the Nevada Supreme Court ruled that drunk drivers who cause fatal accidents will no longer be charged with second-degree murder. The most serious charge a DUI motorist can face is felony DUI causing death.

DUI causing injury or death in Nevada is a category B felony, which carries a prison sentence between two and 20 years, a fine of up to $5,000, and driver’s license revocation or suspension for up to three years. On the other hand, second-degree murder is a category A felony, punishable by a prison sentence between 25 years and life – with the possibility of parole after serving 10 years of the sentence.

The decision by the state’s highest court arose from a case involving a man who was speeding between 70 and 142 miles per hour through a Las Vegas residential neighborhood before causing a collision. When he took a chemical test, law enforcement officials discovered marijuana in his system.

Chief Justice Kristina Pickering essentially said since there is no intent involved in killing someone while driving impaired, the state may not seek second-degree murder charges against drunk drivers who cause another person’s death in an accident. Clark County District Attorney Steve Wolfson said the ruling would lead to five second-degree murder cases being dismissed.

If you or a loved one has been charged with a serious DUI offense in Reno, contact the Law Offices of Kenneth A. Stover today and schedule a free initial consultation. Let a former prosecutor protect your rights, reputation, and freedom.

The COVID-19 pandemic has disrupted many aspects of life in Nevada, including the court system. In order to prevent the spread of the coronavirus in courthouses and offices throughout the state, the courts have issued their own social distancing guidelines in compliance with the statewide stay-at-home order.

On March 13, 2020, the Clark County District Court suspended and rescheduled all civil and criminal jury trials until at least April 17. Three days later, the Washoe County District Court followed suit.

All nonessential court hearings that are currently scheduled will be conducted via phone or video conferencing, determined based on the papers, or rescheduled. Essential cases may proceed through in-person hearings; however, social distancing practices must be instituted, and alternative means are encouraged.

The following types of cases and hearings are considered essential:

1. Criminal arraignments
2. In-custody criminal sentencings
3. Probation revocation
4. Bail motions
5. Civil commitment cases
6. Civil and domestic violence-related protective/restraining orders
7. Juvenile delinquency matters
8. Guardianship matters

When it comes to Washoe County, many court hearings that were set to be held between March 16 and May 9 have been rescheduled. If you have a pending hearing that has been rescheduled, call the department in charge of your case or visit https://www.washoecourts.com/Judges.

You could view all criminal proceedings on the 1 So. Sierra lobby computer. Most hearings have been conducted either through phone or the Zoom application.

Whether you have been recently arrested or dealing with a case that has been rescheduled, now is the best time to hire an experienced criminal defense lawyer to handle your case. At the Law Offices of Kenneth A. Stover, we can take advantage of the extra time given to help individuals facing criminal charges in Reno and Washoe County and thoroughly prepare their case and defense on their behalf.

Contact us today for more information about your legal options.

On April 1, 2020, Nevada Governor Steve Sisolak issued a statewide stay-at-home order, forcing residents to stay home each and every day, and non-essential businesses to close their doors until further notice. Unfortunately, many owners depend on their businesses to support their families, which is why some non-essential businesses have remained open despite the stay-at-home order.

So, what happens if a non-essential business fails to comply with the statewide order? Although Gov. Sisolak didn’t specify how to enforce the order, he saidviolations may lead to criminal and civil penalties.

Furthermore, Gov. Sisolak also said that local law enforcement ultimately determines how the stay-at-home order is enforced. In Washoe County, for example, local police have increased their patrols to check on closed businesses throughout the county. In Clark County, it is a criminal misdemeanor – punishable by a maximum fine of $1,000 – if a business owner violates the order.

The first course of action is typically a warning or educating businesses about the benefits of social distancing. Afterward, any subsequent violations or intentional disobedience of the stay-at-home order can lead to criminal penalties.

On April 30, Gov. Sisolak extended the order through May 15. However, he said the first phase of reopening businesses may start on or before that date.

If you are a business owner in Reno or Washoe County facing criminal charges for allegedly continuing the operation of your business, the Law Offices of Kenneth A. Stover is ready to protect your rights and freedom. We understand how difficult it is to support your family and employees during the COVID-19 outbreak and the last thing you want to deal with is a criminal charge. Attorney Stover has more than two decades of experience, including time spent as a former prosecutor, helping our clients get the best possible outcome in their criminal cases.

For more information about your legal options, contact us today at (775) 502-1575.