Archive for the ‘pot in nevada’ Category

I word from  the Lyon County sheriff in Nevada on the new gun background checks and recreational marijuana. Be aware!

November 27, 2016

​Sheriff’s Message, Week of November 20th                       
Community Friends,
An old adage wrongfully attributed to Winston Churchill states a pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty. What he did say was “For myself I am an optimist—it does not seem to be much use being anything else….” A life filled with optimism produces less life stresses, which has shown to prevent chronic disease, and helped people live longer, happier, and more productive lives. The recent election results, regardless of the chosen candidate or ballot question has produced many pessimists on both sides; I however, have chosen to be an optimist.
In a civil case that originated in Moundhouse over a denied gun sale to a medical marijuana card holder, the 9th Circuit Court of Appeals ruled in September of this year that the marijuana card applicant was not allowed to purchase the gun from the dealer, and the dealer was right in denying the sale. This is a very liberal court; however, they have established case law in that no firearm transfers can be made to marijuana users.
The ATF is updating their background check form to include a warning that medicinal and recreational use of marijuana is illegal for gun transfers. Sometime in January 2017, a new ATF form will be used with the new warning. Our new state law mandates transfer background checks, in which firearm buyers have to answer questions, including the marijuana question. Answer truthfully and the transfer is denied; lie on the question and they could be prosecuted for a federal crime; transfer the gun without a background check conducted by a licensed FFL dealer, it is a gross misdemeanor under the new state law.
We are working with our District Attorney’s Office in the development of a county ordinance for vehicle marijuana prohibitions, similar to the open alcohol container laws. If approved by our commissioners, the ordinance can be enacted long before our state legislature can pass a law to help improve road safety.
The provision in the new law prohibiting marijuana cultivation within a 25 mile radius around retail marijuana establishments is causing concern in group of marijuana growers. In fact, they are already talking about passing another petition to eliminate the 25 mile rule. We believe county zoned retail marijuana establishments can stabilize crime rates by minimizing home invasions and burglaries associated with home grows and stored cash from illegal sales through regulated and controlled cultivation facilities and retail establishments.
There has been some citizens asking us to retire our K-9, Deputy Bo because of the new marijuana law. Deputy Bo is trained for the detection of marijuana, and we still need him in our schools detecting marijuana products to help deter the drug from coming on campuses. Marijuana is still illegal for person under 21 to possess, he can assist us in other criminal investigations, and he is more than just a drug do; he is a dog that can apprehend criminals and help protect our deputies on the street. We will not be retiring him.
And finally, one of our local manufacturing companies, Trex, recently donated $5,000 to the Lyon Sheriff Advisory Council (LSAC) in support of our canine program. We wanted to thank them for their support in helping to make our community stronger and safer.
As always, keep the faith.
Al

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A message from a sheriff in Nevada

November 14, 2016

​Sheriff’s Message, Week of November 6th                       
Community Friends,
We are happy to report that there were no known issues throughout the county on Election Day. Additionally, there has been no active protesting in our county, unlike the urban cities portraying actions of a third world country. While many of you are glad the election is over, its aftermath began the day after. Our phones blew up with individuals wanting to know about the law and marijuana licenses. One person even wanted his marijuana and pipe back, now that it is legal. He did not get it back.
On January 1st, anyone 21 years of age or older can legally smoke or consume marijuana. Lyon County is now mandated to have at least two retail marijuana stores, and every residence in the county, including the cities of Fernley and Yerington can grow up to 12 plants unless they are within 25 miles of a retail marijuana store. There are some restrictions on growing marijuana at the home, so growers will have to read the law to ensure compliance.
The LCSO will be advocates for retail stores to cover the entire populated county so no one can grow in the home under the 25 mile rule, thus forcing all users to purchase government over-sighted marijuana. Oops, guess some of those people should have read the entire law before voting for it. We will also reaffirm our work place policy prohibiting marijuana use. Under the new law, ALL employers may establish a similar policy prohibiting employees from using marijuana. Oops, more of those voters didn’t read that part either. So for those unemployed non-users, or non-users seeking a better job, higher pay and better benefits, be patient because new job opportunities may be available after January 1st.
We began staffing a marijuana transition policy for our deputies this week. We need legislators to enhance NRS 484B.150, the open alcohol container in a vehicle law, to include marijuana and marijuana paraphernalia. The new law is extremely vague and weak on driving and using, and should include vehicle passengers. It will be illegal to smoke or consume marijuana in public places. We will write the $600 ticket for each violation seen, and we will do the best we can when we catch those under 21 with marijuana, marijuana concentrates (edibles) and marijuana paraphernalia.
The gun background check law also go into effect on January 1st. This is a very confusing and poorly written law even for us. I won’t tell you the loop holes in how to bypass this new law, which there are many. Expect in the near future another ballot proposal similar to California’s Prop 63 that just passed, aimed at closing these loop holes. This is how the anti-2nd Amendment groups chip away at our Bill of Rights, and sadly, many sheep continue to follow along. Nonetheless, to be safe, if you sell your gun to someone outside of your immediate family, have the sale go through a FFL dealer. The LCSO is not going to put much emphasis or resources into enforcement of this expanded law. We have other priorities.
And finally on a positive note, we did graduate Deputies Johnson and Greenhut from the Category I POST Academy after 16 weeks of training. They now begin their patrol training, another 12 weeks of training before they can work by themselves. Congratulations to both!
As always, keep the faith.
Al