The Department of Taxation requested a dismissal of the temporary ban on liquor wholesalers to distribute marijuana. The ban remains in place, for now, after Judge James Wilson deferred a final decision until next week's hearing.Â
The main issue brought forth today was that, when voters first approved Question 2, the initiative said liquor distribution wholesalers would get the first shot at distributing recreational marijuana. Later, the Department of Taxation opened the Early Start Application Program to other groups, as well.
Attorney Kevin Benson says that takes away the exclusivity that was voted on with the Early Start Program, "The regulation adopted by the Department of Taxation includes these arbitrary and irrelevant criteria."
But the Department has told us before that they do not believe they violated the law. They also told us that, while they did accept applications from others, liquor distribution license holders would have still been given priority.Â
Another issue that came up is that the statute requires applicants to acknowledge they are risking their federal alcohol distribution license in doing so, since marijuana is not in compliance with federal law. To that, the department claims that they are not forcing applicants to acknowledge the federal issue and that it is entirely up to individual wholesalers whether or not they want to move forward.Â
Both sides do agree that they want recreational marijuana to be distributed to dispensaries by the tentative start date of July 1st.Â
After the ruling Tuesday, it was decided that both sides will be able to present their cases again at a court hearing next Monday, 6/19. They expect to have a final decision in place by then.Â
Tomorrow--four Reno dispensaries will go before city council to request and possibly finally receive their license to sell recreational pot.Â
