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NULEAF CLV DISPENSARY v. STATE DHHS

No. 69909.

414 P.3d 305 (2018)

134 Nev. Adv. Opn. 17

NULEAF CLV DISPENSARY, LLC, a Nevada limited liability company, Appellant, v. The STATE of Nevada DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF PUBLIC AND BEHAVIORAL HEALTH; Acres Medical, LLC; and GB Sciences, LLC, a Nevada limited liability company, Respondents. GB Sciences, LLC, a Nevada limited liability company, Cross-Appellant, v. The State of Nevada Department of Health and Human Services, Division of Public and Behavioral Health; Acres Medical, LLC; and Nuleaf CLV Dispensary, LLC, a Nevada limited liability company, Cross-Respondents.

Supreme Court of Nevada.

Filed March 29, 2018.

Attorney(s) appearing for the Case

Pisanelli Bice PLLC and Todd L. Bice and Dustun H. Holmes , Las Vegas, for Appellant/Cross-Respondent Nuleaf CLV Dispensary, LLC.

Adam Paul Laxalt , Attorney General, and Linda C. Anderson , Deputy Attorney General, Carson City, for Respondent/Cross-Respondent The State of Nevada Department of Health and Human Services, Division of Public and Behavioral Health.

Greenberg Traurig, LLP, and Tami D. Cowden , Mark E. Ferrario , and Moorea L. Katz , Las Vegas, for Respondent/Cross-Respondent Acres Medical, LLC.

Smith & Shapiro, LLC, and Sheldon A. Herbert and James E. Shapiro , Henderson, for Respondent/Cross-Appellant GB Sciences, LLC.

BEFORE THE COURT EN BANC.

OPINION

NRS 453A.322 governs the registration process for medical marijuana establishments in Nevada. Specifically, NRS 453A.322(3)(a)(5) provides that an applicant seeking to obtain a medical marijuana establishment registration certificate must obtain approval from the local government where the...

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