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Commissioners weigh banning pot use, ads at airport despite marijuana industry concerns

Riley Snyder
Riley Snyder
GovernmentMarijuana
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Step off a plane and into the terminal at McCarran International Airport, and tourists are likely to find immediate signs of what awaits them in Las Vegas — multiple bars and rows upon rows of slot machines.

But the latest temptation available in Las Vegas — recreational marijuana — would go unadvertised at the airport if a proposed ordinance is enacted by the Clark County Commission.

Members of the commission took no issue with the first part of the proposed ordinance, which would make it unlawful to “possess, consume, use, display, transfer, sell, transport or grow marijuana” on any airport property, given unanswered questions between state and federal law and possible violations of drug-free workplace requirements required for certain federal grants.

But more concerns arose from the second part of the proposed rule, which would prohibit any marijuana-related advertisements from appearing on airport property, ranging from inside the terminal to billboards on airport property and event on the site of the airport’s rent-a-car business. The concerns were enough to persuade commissioners to delay a vote on the ordinance for another 30 days after Tuesday’s meeting to hash out lingering concerns.

Nevada Dispensary Association director Riana Durrett said she hadn’t been contacted about the proposed ordinance before being contacted by a reporter, and said in general that state regulators had done a sufficient job in crafting rules on advertising designed to limit their appeal to children and other sensitive areas. She said it would be “unfortunate” to bar billboards notifying tourists of recreational or medical marijuana shops that otherwise followed all other legal requirements.

“Members are concerned about advertising restrictions that single out marijuana, which the voters legalized in 2016,” she said in a follow-up email. “Of course members will comply with any ordinances that pass, but would ask that the marijuana industry be subject to the same advertising restrictions as other industries in Nevada that are limited to adults 21 and over.”

Rosemary Vassiliadis, the county’s director of aviation, told commissioners that the ordinance would help clear up any gray area between state and federal law on marijuana, and give the airport latitude to make it crystal clear that visitors who purchased marijuana in Nevada aren’t allowed to take it back on the plane.

“To advertise for it, and then confiscate it is not going to be a pleasant or smooth experience for the tourists,” she said.

But several members of the board, including Commissioner Larry Brown, angled for the proposed ordinance to go even further, including possibly barring taxicabs with marijuana-related advertisements from picking up passengers to limits on pot-themed apparel that passengers in the airport could wear. Brown said he brought up the hypotheticals over concerns that creatively minded marijuana entrepreneurs would take advantage of the current unclear rules.

“If we allow these interpretations, then the county is going to be chasing the regulation and not the industry addressing what’s in place,” he said.

Vassiliadis said that the Federal Aviation Administration didn’t have clear guidelines on allowing marijuana-related advertisements, but she didn’t want Las Vegas to become a guinea pig for the federal government.

“It has not been tested,” she said. “We didn’t want to be the test case.”

Commissioners ultimately voted to delay adopting the ordinance for another 30 days to hash out some of the legal questions over the extent to which the airport can govern advertisements related to marijuana.

The New York Times found in 2015 that out of 25 million passengers traveling through Denver International Airport, only 29 were stopped for marijuana possession. McCarran spokeswoman Christine Crews said the airport doesn’t track similar statistics given that possession of less than an ounce of marijuana is legal under state law.

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