Nevada Organic Remedies has been granted a Special Use Permit by the Nye County Commission to allow for the establishment of a retail recreational marijuana dispensary at 2370 and 2380 S. Homestead Road, just south of the intersection of Highway 160 in Pahrump.
However, while the company can move forward with permitting and other aspects of preparing for the new operation, it is currently barred from actually opening a new dispensary in the valley, per a temporary restraining order (TRO) issued by the Eighth Judicial District Court.
“I’m going to start this off by explaining something that happened yesterday… There was a TRO that was put out against your company, not against Nye County, enjoining you from proceeding somehow,” Nye County Commission Chairman John Koenig stated as the item to address the special use permit was opened at the commission’s Aug. 6 meeting.
“That TRO was granted yesterday and it is my understanding that the way it was granted allows you to continue doing everything you are going to be doing except unlocking the front door and opening for business. Is that correct?” Koenig asked the applicants, which Nevada Organic Remedies representatives confirmed.
Koenig was referring to a court order issued in connection to a lawsuit filed against the Nevada Department of Taxation, the entity that regulates the marijuana industry in the state.
The lawsuit was brought forward by nearly a dozen companies that were denied conditional licenses for marijuana dispensaries, arguing that the process of awarding those licenses had not been carried out fairly. The plaintiffs are requesting an injunction to halt those companies that were awarded conditional dispensary licenses from moving forward so the conditional licensing process can be redone, according to court documents.
Nevada Organic Remedies was one of the companies that did receive a conditional license for a dispensary and with the lawsuit before a judge, the plaintiffs had requested a temporary restraining order to prevent Nevada Organic Remedies from proceeding with any new dispensary until the case was decided.
The case has now wrapped up and the final ruling is in the hands of Eighth Judicial District Court Judge Elizabeth Gonzalez. As of Wednesday, Aug. 21, she had not yet rendered her decision, according to her law clerk Danielle Meriwether.
The Nye County Commission’s discussion then turned to the conditions of approval for the special use permit, with commissioner Debra Strickland noting that there would need to be a change in the wording that stated the dispensary would be located within an existing building, as that was not the case. The two lots selected for the dispensary are currently bare land and a new building will need to be constructed.
Koenig added that the permit would also have to be altered to remove the language that states the location would be more than 300 feet from any residential dwelling, as there are homes both adjacent to and behind the lots.
The motion to approve the special use permit passed unanimously. “Go forth and dispense, gentlemen,” Koenig told the applicants following the vote.
According to information provided with the agenda item, Nevada Organic Remedies plans to construct a 3,500-to-5,000 square-foot building on the two lots, which are collectively just under one acre in size and are zoned business opportunity overlay.
The company proposes to employee approximately 35 people and operate from 8 a.m. to 11 p.m. Monday through Sunday.
Contact reporter Robin Hebrock at firstname.lastname@example.org