Replies to post #2401 on GB Sciences Inc (GBLX)

[senor_c]

Fine - can they give a company a license that the state has not approved?

[PhenixBleu]

Clark County did not enact, write rules, and create the selection process and regulatory scheme within the state's medical marijuana law. Each local jurisdiction was given voice and participation opportunities.

Local jurisdictions can only license MME candidates approved by the State. There is no workaround. They must follow the letter of the MME law. All of the legal requirements are available through the Press Packet I posted earlier. It contains links on page 8.

Of course, any local jurisdiction can reject anyone on that list.

Marijuana is different than vices approved within Nevada governments in that it is a Federal Schedule I drug. States must create a regulatory framework. CC issued an Addendum prior to their permitting process that documents their intent to create and abide by such framework. The DOJ requires this action. This action isn't about bucking the state regulatory scheme. It is about enhancing the scheme.

For states such as Colorado and Washington that have enacted laws to authorize the production, distribution and possession of marijuana, the Department expects these states to establish strict regulatory schemes that protect the eight federal interests identified in the Department’s guidance. These schemes must be tough in practice, not just on paper, and include strong, state-based enforcement efforts, backed by adequate funding. Based on assurances that those states will impose an appropriately strict regulatory system, the Department has informed the governors of both states that it is deferring its right to challenge their legalization laws at this time. But if any of the stated harms do materialize—either despite a strict regulatory scheme or because of the lack of one—federal prosecutors will act aggressively to bring individual prosecutions focused on federal enforcement priorities and the Department may challenge the regulatory scheme themselves in these states.

http://www.justice.gov/iso/opa/resources/3052013829132756857467.pdf

Clark County did retain names of backup candidates in the instance one of their permit recipients is rejected by the state. It wouldn't be worth challenging state decisions. The certification process is an annual process so any rejected business could get their issues resolved and apply again the following year.