Tag: NRS 453A.116

Nevada Appellate Courts Advance Opinions for December 14, 2017

Posted on by Jeff Jaeger

Nevada Appellate Courts Advance Opinions for December 14, 2017

STATE, DEP’T OF HEALTH AND HUMAN SERV.’S VS. SAMANTHA INC.

  • Is the denial of a medical marijuana dispensary application subject to judicial review.

SHUE (JOSHUA) VS. STATE

  • Does NRS 200.710 permit a separate conviction for each minor used in a visual presentation depicting sexual conduct of a child.
  • Does NRS 200.730 allow a person to be charged for each image of child pornography they possess or for each instance that a person possessed child pornography.
  • Do Nevada’s statutes barring the sexual portrayal of minors violate the First Amendment of the United States Constitution or the Due Process Clause of the Fourteenth Amendment of the United States Constitution.

Visit the Nevada Appellate Report for more legal news.

Is the identity of a medical marijuana establishment business license holder confidential?

Posted on by Jeff Jaeger

medical marijuana

City of Sparks vs. Reno Newspapers, Inc.  (Nev. Supreme Ct. – Aug. 3, 2017)

Persons seeking to operate medical marijuana establishments (MMEs) must register with the Department of Health and Human Services’ Division of Public and Behavioral Health (Division), NRS 453A.322(1), and, if located in a jurisdiction so requiring, obtain a business license, NRS 453A.326(3). Reno Newspapers, Inc., which owns and operates the Reno Gazette-Journal (RGJ), a daily newspaper, asked the City of Sparks to disclose copies of the business licenses of persons operating MMEs in the City. In response, the City produced the business licenses, but redacted the licensees’ identities from the documents. The RGJ demanded unredacted copies of the business licenses, and the City denied the subsequent request.

Thereafter, the RGJ filed a petition for a writ of mandamus in the district court to compel the City to disclose the redacted information. The district court held that the petition was procedurally proper and concluded that the City had a duty under the Nevada Public Records Act to disclose the identities of the business license holders, which duty was not exempted by NAC 453A.714’s confidentiality provision, granted the petition. The City appealed.

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