Did you see the email from the Bureau of Land Outreach? The cap on dispensaries is directly from the statute, not a county ordinance. It's capped at 40, which is the max, based on having a population greater than 700K.
From the email:
"Q: Has Clark County imposed a cap on the number of MMJ cultivation facilities. I am under the impression that the State has no hard cap and will grant licenses as is needed to meet demand; does that stance extend to Clark County as well?
A: There is no cap in Clark County ordinance as this time.
Q: Does the current number of anticipated dispensary licenses still stand at 40 for Clark County, or has that number increased to 48 to satisfy demand?
A: NRS 453A limits the number of dispensaries to 40 for Clark County. Legislative action if required for an increase in the number of dispensaries over 40."
From the statute:
NRS 453A.324 Registration of establishments: Limitation on total number of certificates that can be issued in each county; limitation on number of days Division may accept applications in calendar year. [Effective April 1, 2014.]
1. Except as otherwise provided in this section and NRS 453A.326, the Division shall issue medical marijuana establishment registration certificates for medical marijuana dispensaries in the following quantities for applicants who qualify pursuant to NRS 453A.322:
(a) In a county whose population is 700,000 or more, 40 certificates;
(b) In a county whose population is 100,000 or more but less than 700,000, ten certificates;
(c) In a county whose population is 55,000 or more but less than 100,000, two certificates; and
(d) In each other county, one certificate.
2. Notwithstanding the provisions of subsection 1, the Division shall not issue medical marijuana establishment registration certificates for medical marijuana dispensaries in such a quantity as to cause the existence within the applicable county of more than one medical marijuana dispensary for every ten pharmacies that have been licensed in the county pursuant to chapter 639 of NRS. The Division may issue medical marijuana establishment registration certificates for medical marijuana dispensaries in excess of the ratio otherwise allowed pursuant to this subsection if to do so is necessary to ensure that the Division issues at least one medical marijuana establishment registration certificate in each county of this State in which the Division has approved an application for such an establishment to operate.
3. With respect to medical marijuana establishments that are not medical marijuana dispensaries, the Division shall determine the appropriate number of such establishments as are necessary to serve and supply the medical marijuana dispensaries to which the Division has granted medical marijuana establishment registration certificates.
4. The Division shall not, for more than a total of ten business days in any one calendar year, accept applications to operate medical marijuana establishments.
(Added to NRS by 2013, 3705, effective April 1, 2014)
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