Nevada Says Pot Shops Can Stay Open Amid COVID-19 Crisis

By Hailey Konnath
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Law360 (March 19, 2020, 8:59 PM EDT) -- The casinos in Nevada may be closed, but marijuana dispensaries got the green light to continue operating while the state continues to battle the spread of COVID-19, though it encouraged consumers to get their pot via delivery rather than in stores.

The Nevada Health Response Center gave dispensaries the go-ahead in a statement clarifying which businesses were deemed essential and permitted to stay open following the governor's announcement Tuesday that all other, nonessential businesses must close.

"Licensed cannabis stores and medical dispensaries should only remain open if employees and consumers strictly adhere to the social distancing protocol," said the Health Response Center , which was assembled by Nevada Gov. Steve Sisolak to share coronavirus information.

Multiple other city and state health departments have deemed medical marijuana dispensaries "essential," and some states like Michigan, Massachusetts and Washington have issued bulletins relaxing regulations regarding delivery and in-store transactions in an effort to limit contact between patients and retailers.

New York's Department of Health on Tuesday issued guidance allowing the state's dispensaries to expand their delivery services without prior government approval and to conduct sales through the shop's door.

And in Illinois, the state's Department of Financial and Professional Regulation said the same day that it would allow medical dispensaries to sell cannabis "on the dispensary's property or on a public walkway or curb adjacent to the dispensary." However, it added that delivery to patients was still not allowed.

In Nevada, other essential businesses include grocery stores, pharmacies, banks and home maintenance and repair services, according to the Health Response Center guidance. Those that must close include recreation and athletic facilities, beauty salons and entertainment companies, including all gaming activity. The governor has encouraged those companies that must close to find ways to conduct business via delivery or drive-thru.

The center, Sisolak and local and state health authorities will revisit the guidance on a regular basis, per the statement.

"The goal of this initiative is to protect the health and safety of Nevadans by preventing people coming together unnecessarily, where people who have the infection can easily spread it to others," the center said.

--Additional reporting by Sam Reisman. Editing by Alanna Weissman.

For a reprint of this article, please contact reprints@law360.com.

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