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CARSON CITY — Weighing in on how Nevada should test people for stoned driving, lawmakers advanced a measure on Friday to eliminate urine samples as a viable measure for police to show a driver to be impaired by marijuana. Under the bipartisan proposal, law enforcement officers would continue using blood tests to prove a person was illegally operating a passenger car, commercial truck or boat while high. The bill would retain specific legal limits set in 1999 for drivers’ blood content of THC, the psychoactive chemical in pot. Anyone with a blood-THC level at or above 5 nanograms per milliliter is considered too high to drive. ADVERTISING “There’s still no proof that those standards mean anything, but at least we’re moving to something which is scientifically provable,” said Sen. Tick Segerblom, a Las Vegas Democrat and chairman of the Senate Judiciary Committee. Researchers at the Touro University Nevada College of Osteopathic Medicine are among experts who say marijuana’s cognitive impairment cannot practically be detected in urine. Marijuana can be identified in urine but not accurately measured, the Touro study shows, making it a less-expensive option to blood tests for checking on simple prior use but improper to measure impairment. Others question the blood-THC measure. The automobile federation AAA commissioned a study last year that found no scientific basis reliably linking THC measures to whether a person is impaired. Traces of marijuana can remain in a person’s blood for weeks — and at high levels in frequent users. In 2016, Nevada was one of six states that had set exact THC blood thresholds for drivers. Courts and juries in several of the 26 states that allow some form of marijuana use have upheld the rights of marijuana users to rebut the blood tests or decided in individual cases that blood testing is inaccurate. Members of the Senate Judiciary Committee unanimously approved Assembly Bill 135, sending it to the full Senate for consideration. Members of the Assembly voted 34-4 to approve it last month.

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An early start to recreational marijuana sales in Nevada cleared the final state hurdle Monday, paving the way for the program to roll out in under two months. The Nevada Tax Commission adopted temporary regulations proposed by the Department of Taxation that will allow the state to issue recreational marijuana licenses by July 1. Most of the regulations were copied from the state’s medical marijuana program. Tax department director Deonne Contine stressed the urgency in getting the regulations adopted so the state can meet Gov. Brian Sandoval’s proposed budget request, which includes $70 million from recreational marijuana taxes over two years. ADVERTISING “If we don’t adopt the regulations, we will not have a temporary program. If we don’t have a temporary program, we will not have the revenue that’s included in the governor’s budget,” Contine said. For the marijuana industry, Monday’s decision means lifeblood. “Its great for the state. It’s great for the industry. I think its great for everybody,” said Armen Yemenidjian, owner of Essence Cannabis dispensaries. “This is a display in how Nevada gets things done.” The state’s stamp of approval shifts the focus to local governments. Marijuana companies need both a state and local license to operate. Clark County is scheduled to begin licensing by July 1, and officials for the cities of Las Vegas and North Las Vegas said Monday both municipalities plan to do the same. Henderson could be the outlier, however. The city council implemented a 6-month moratorium on any marijuana licenses in February, meaning recreational sales by the five dispensaries in the city cannot happen until at least August. Potential snag Not everyone was happy with the regulations adopted Monday, and a group that wants exclusive rights on transporting recreational pot from growing facility to retail shops could cause a snag in rolling out the early start. Sam McMullen, representing the Independent Alcohol Distributors of Nevada, said the ballot measure voters approved in November gave currently licensed liquor distributors an 18-month monopoly on marijuana distribution licenses. Contine said “we fundamentally disagree with what Mr. McMullen has said.” The department will accept applications from liquor distributors, medical marijuana companies and medical marijuana distributors. Contine said they decided to open the applications beyond liquor distributors because of the potential conflict with federal licenses. Liquor distributors are licensed federally. And like banks or casinos, choosing to participate in a market that is federally illegal could jeopardize that license, Contine said. McMullen said his clients are aware of the risk, and added that “they’re totally willing to apply.” When the issue first arose in March, McMullen told the tax department his clients were considering taking legal action to protect their exclusivity on the distribution licenses. When reached by phone Monday, McMullen said his clients were considering their options and that he would meet with them within the next day or two. Jamie Munks contributed to this report.

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