Ordinance proposed to ban marijuana establishments in Lyon County

County logoLyon County has proposed an ordinance amending Lyon County Code to prohibit medical marijuana establishments as a matter of land use throughout the unincorporated areas of  Lyon County.

Title 10.Chaper 1.Part 4 – will effectively prohibit any medical marijuana establishments within the unincorporated areas of the county.

Even though Lyon County contracts with the City of Fernley for law enforcement services, the District Attorney’s office determined that each of the two cities should create their own ordinances.  Veil said they have already requested the City of Fernley enact a similar ordinance.

 Veil indicated most, if not all, Nevada Counties were moving toward prohibiting such establishments.

In explaining the District Attorney’s Office position on the authority of the County to establish its own ordinance, District Attorney Bob Auer said, “Our position is that in our reading of the bill is that there’s nothing in the state law that prohibits a county from using its local zoning laws in the full manner that local zoning laws may be allowed.  We read nothing in the law that restricts us from doing so.  So it’s our position that under the local zoning law if it’s in the best health, safety and welfare of our citizens to completely prohibit this type of activity, which is my position as District Attorney and the Sheriff’s position, that that is what we should do, that our county can do so.  And our office is prepared to defend that position.”

In regards to questions of concern relating to enforcement in incorporated areas, Auer said  “I believe that the state officials who are tasked with trying to carry out this plan are confused about that; but our position in reading the legislation is that under our local zoning authority that if you folks in your wisdom think this is a bad idea, which the sheriff will tell you it is a bad idea, that we can prohibit it.  Also, I think the thought process was that the City of Yerington and the Fernley City Council should have their own ability to discuss this and act upon it themselves.”

Commissioner Virgil Arrellano proposed the ordinance as presented.  After proper noticing, a public hearing before the Commission will be scheduled.

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One comment on “Ordinance proposed to ban marijuana establishments in Lyon County
  1. Linda Clements says:

    Indeed I may be seen as a wild-eyed crazy hippie type — albeit a 67-year-old defense-industry engineer version — but I think it is unconscionable for our county to deny the ability to secure a legalized, legitimate medical pharmaceutical for those who have a legitimate need for it.

    Those who object to the single dispensary allowed by law may not have had the number of friends I have had who have suffered mightily during chemotherapy or other nauseating medical issues who have been relieved by legal or illegal marijuana or who, sadly, have not been able to get this relief. You may not have watched a friend become skeletal as they suffered with a complete lack of appetite due to a medical problem. Folks who are throwing up or dying may not have the energy or location to grow their own, so a medical dispensary is a godsend to them!

    I’m sure we can argue all day about the “gateway drug” concept for marijuana, but that issue does not apply since we accept that folks will be supplied by prescription with medically necessary pain relievers, muscle relaxants, mood stabilizers, and attention deficit medications that are much more clearly gateway drugs if abused. The voters of Nevada saw the folly in banning marijuana for medical use and thus voted to permit medical marijuana and dispensaries. It is time we consider who is hurt by the inability to legally purchase something that will help people in need rather than obsessing about our perceptions of how it can be abused or who the awful folks are who will offer this. The latter, incidentally, are likely the same type of “awful” folks who work hard in the community and also run the corner bar.

    We license liquor and brothels in this county yet some of us want to ban marijuana dispensaries? The same mantra of possible crime was once applied to alcohol, and while even today not everyone believes that alcohol should be something folks use, we know how very well Prohibition worked out. (NOT!) We know that criminalizing alcohol led to much more crime than did legalization; we proved that.

    I work in the defense industry and I can’t tolerate any type of smoke (including the Rim Fire smoke) so I have not used marijuana since my “crazy college days” in the 1960s when you used to get a contact high by going to the football games. I hope I will never need it for medical reasons, but I also hope that my friends and neighbors will make it available to me if and when that time arrives. Please consider that these are your friends, or you, who may need this!

    Linda Clements

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