Medical pot applicant: Sisolak squashed us

A medical marijuana applicant has written a scathing letter to Clark County officials, asserting Chairman Steve Sisolak "denied" its application before it had a chance to make its case before the entire commission because he didn't like the location.

The letter, posted below, elicited a formal response from Clark County Counsel Mary Miller (posted below the letter) and Sisolak, who has asserted the county's supremacy in this process, told me: "They asked me if I liked the location and I told them I liked their cultivation location, but not their dispensary location. The locations are in my district.    That was it.   Apparently that didn't sit well with them."

That is putting it mildly:


May 20, 2014 To: All Clark County Commissioners

Re: Medical Marijuana License Applications – Doctors’ Dispensary LLC Dispensary License Application Denial, location 4425 S. Polaris Ave., LV, NV

The purpose of this letter is to confirm Commissioner Sisolak’s denial of Doctors’ Dispensary LLC’s application for a Dispensary license based solely on the location of the Dispensary. This denial was repeatedly stated by Commissioner Sisolak during Doctors’ Dispensary LLC’s May 13 meeting held at the County Commissioners’ offices. Moreover, Commissioner Sisolak continuously admonished Doctors’ Dispensary LLC that it need not proceed any further with its Dispensary license application because the denial is “firm and he and the Commission will not reconsider its position as it relates to the subject area.” Based on Commissioner Sisolak’s denial and the Commissions’ support thereof, Doctors’ Dispensary LLC is actually precluded from moving forward with its MME business purpose. Accordingly, Doctors’ Dispensary LLC is forced to withdraw its MME license applications for Cultivation and Production from further consideration by the Commission.

Initially, and succinctly, it must be noted that Doctors’ Dispensary LLC was formed with medical doctors who know about and believe that medicinal marijuana can serve as a fundamental medicinal substitute and as an initial prescription base for the vast number of patients in our community who need such treatment. A central tenant of Doctors’ Dispensary LLC was the ongoing research and development of marijuana bi-products, as well as the analysis of the applications/prescriptions of these bi-products on patients. This altruistic scientific/medical component is directly linked to “practicing” medical doctors being an integral part of Doctors’ Dispensary LLC and through its opportunity to obtain a Dispensary license. While Doctors’ Dispensary LLC attempted to express these elements to Commissioner Sisolak, they were met with futility as Commissioner Sisolak repeated his denial of the Dispensary license application and refused to reconsider.

Critically, to successfully accomplish the aforementioned tasks and to serve the scientific/medicinal needs of this community, Doctors’ Dispensary LLC ensured that it complied with the publicly disclosed and mandated regulations for selecting proper locations for the three (3) MME licenses it sought – Cultivation, Production and Dispensary. Indeed, to properly effectuate one of Doctors’ Dispensary LLC’s pinnacle purposes, the necessary license of the three (3) licenses sought is the Dispensary license, hence the selection of company’s name. The simple reason is that the Dispensary license enables Doctors’ Dispensary LLC’s medical members and expanding medical board to fully document and assess the research relating to the applications and prescriptions of medicinal marijuana, as well as the effects and benefits thereof. Despite such reasons, Commissioner Sisolak again admonished Doctors’ Dispensary LLC that the Dispensary license application is “off the table and will not be considered any further by the Commission due to its location – it’s over, now move on.”


In its attempt to ascertain the basis for Commissioner Sisolak’s and the Commission’s denial, Commissioner Sisolak stated that “no dispensary licenses will be issued in the area around the intersection of Polaris and Harmon.” As the proposed Dispensary location is 4425 S. Polaris Avenue, immediately north of Harmon, Doctors’ Dispensary LLC was effectively and immediately shut out of the Dispensary license bidding and was being unequivocally denied the right to further its Dispensary license application. This statement was made several more times without hesitation or any consideration to Doctors’ Dispensary LLC’s full compliance with the County’s disclosed “zoning regulations” and that the subject location met distance thresholds from specified uses.

Fundamentally disturbing about Commissioner Sisolak’s repeated denials is that at no time during the MME license application process were there any public statements, comments or notices given to the applicants or the general public that the aforementioned “properly” zoned area was “off limits” and/or “precluded from consideration for a Dispensary license.” To the contrary, Doctors’ Dispensary LLC reasonably and justifiably relied on the publicly disclosed regulations dictated by the Commission prior to and during the MME license application process. In fact, when Doctors’ Dispensary LLC submitted its MME license applications to the County and when its representatives met with a Clark County examiner to review its MME license applications, there was never a mention or an indication that the subject area for its Dispensary was “off limits” or that County Commission “will not accept or consider the subject location/area for a Dispensary.” Indeed, this is further supported by the Nevada licensed land surveyor’s report prepared in compliance with the County’s MME zoning mandates.

In essence, while the County Commission publicly disclosed and set forth regulations and parameters for Dispensary locations (which were satisfied), it blatantly failed to identify and disclose areas that although “properly” zoned are/were “off limits” or areas that “the Commission would/will not consider for Dispensary licenses.” Critically, fundamental fairness dictates that such information is not only necessary to an applicant’s decision making abilities, it is absolutely essential to know of in advance to prevent the situation confronting Doctors’ Dispensary LLC, including the loss of its members’ time, efforts, labors, costs incurred and monies expended. Such unfairness is magnified when an applicant is thereafter conclusively precluded from further consideration as the County will not accept any alternate locations since the filing deadline is closed – game over despite the fact that you played by County rules.

Compounding the substantive issues regarding Commissioner Sisolak’s and the Commission’s decision to reject the subject area was the proposition made in support thereof. Commissioner Sisolak stated, “the area does not have enough roof tops,” meaning, as he later stated, “single family dwellings.” While this area may not have “enough roof tops of single family dwellings,” it certainly does have more residences in a one-mile radius than most residential “roof top” communities. In fact, a review of Doctors’ Dispensary LLC’s “location analysis” concurrently submitted with its Dispensary license application reveals approximately 4,000 residences within a one-mile radius due to the vast number of condominium and townhouse developments in the subject area.

Doctors’ Dispensary LLC further attempted to bolster the subject area as outstanding based on the vast number of employees who work on the Las Vegas Strip, over 100,000 which is the highest concentration

of employment in Clark County. In light of the fact that people/consumers will either obtain their pharmaceutical needs near their residences – over 4,000 residences within a one-mile radius, or near their place of employment – over 100,000 employees on the Las Vegas Strip, what better location can one dutifully select – which is why Doctors’ Dispensary LLC strategically selected this location over the vast number of other locations it examined. Such logic was wantonly dismissed and not even considered by Commissioner Sisolak who repeated his position “this is a closed subject so move on as you won’t be getting a Dispensary license based on the location.”

While Commissioner Sisolak and the Commission without any public notice or disclosure prior to and during the MME license application submittal process has made up his/their minds, he also repeatedly stated without hesitation that “the entire County Commission will also proclaim this area as off limits so any attempts to convince them otherwise will be futile.” It is difficult, if not impossible to legitimately and truthfully understand on what basis Commissioner Sisolak and the Commission made this undisclosed decision – aside from the unreasonable proposition that “there are not enough roof tops in the subject area.” Based on the facts set forth above, and the many more that can be provided, this unknown and undisclosed “area exclusion” being applied by Commissioner Sisolak and the Commission is not only irrational, it is arbitrary and capricious.

Had the Commissioner Sisolak and the Commission openly and publicly disclosed this area exclusion, then Doctors’ Dispensary LLC certainly would not have selected 4425 S. Polaris Avenue as the location for its Dispensary license application. In fact, if Commissioner Sisolak and the Commission publicly disclosed such information at the time of its filing for all three (3) MME licenses – Cultivation, Production and Dispensary, Doctors’ Dispensary LLC would not have filed any of their applications since the primary MME license it was seeking was a Dispensary license.

While Doctors’ Dispensary LLC justifiably complied with the County’s publicly disclosed regulations for a Dispensary license, it now learned that such reasonable reliance was done to its detriment given Commissioner Sisolak’s and the Commission’s wanton disregard of its own public mandates and despite how ripe of a location was selected. Based on the aforementioned unequivocal denial, Doctors’ Dispensary LLC has been fundamentally and substantively wronged, damaged and harmed relating back to the inception of its pursuit to seek three MME licenses up to the May 13 meeting with Commissioner Sisolak. As a means to resolve this matter amicably and without delay, Doctors’ Dispensary LLC respectfully demands reimbursement and compensation for all costs, fees and expenses incurred, as well as damages it has sustained. Doctors’ Dispensary LLC hereby reserves all rights until resolution.

Your immediate attention and consideration is requested.

Respectfully Submitted, Doctors’ Dispensary LLC 



Mary Miller's response:


Your May 20, 2014 email correspondence to “All Clark County Commissioners” indicates that its purpose is to confirm Commissioner Sisolak’s “denial of Doctors’ Dispensary LLC’s application for a Dispensary License….”   In this correspondence, you make repeated allegations of statements attributed to Commissioner Sisolak acting on behalf of the whole Board of County Commissioners.


Please be advised that Commissioner Sisolak takes issue with your characterization of his opinion of your application.  In meeting individually with applicants, he cannot act on behalf of the Board and does not purport to do so.  Any statements that he makes concerning a particular application reflect his sole opinion on the merits of that application and does not bind the Board in any way.   All seven members of the Commission have the right to vote on each application, and may weigh relevant factors differently than does Commissioner Sisolak.


Because the premise of your May 20, 2014 is in error, your application remains viable and is set for consideration by the full Board.  You will be notified by County staff of the date and approximate time that your application will be heard.



Mary-Anne Miller