Is it legal to open a Cannabis-friendly hotel in Las Vegas?
LAS VEGAS - There are questions about whether marijuana is legal inside hotel rooms at a resort that calls itself the first cannabis-friendly hotel in Las Vegas.
The Lexi opens on Friday, June 2, and its owner Elevation Hotels and Resorts stated in a press release in January that the entire fourth floor will be “designated cannabis-friendly with each room featuring a state-of-the-art RestorAir filtration system.”
The Lexi Hotel does not hold a cannabis license, and it hasn’t contacted the Nevada Cannabis Compliance Board about its plans.
Despite being within 1,500 feet of the Palace Station Hotel and Casino, The Lexi hasn’t applied for a cannabis consumption lounge license from The City of Las Vegas.
“Nevada did pass a consumption lounge law, but there are certain restrictions. One of the big ones is you can’t be within 1,500 feet of gaming unless it was a cannabis establishment that was grandfathered in,” Amanda Connor, an attorney with Connor and Connor PLLC, said.
In the past, The Lexi Hotel was known as The Artisan Hotel.
Connor said the issue is whether hotel patrons will break the law by smoking inside their rooms.
“I think it comes down to, is a hotel room a public place or a private place? Because by Nevada law, you can only consume in a private place. Unless the one exception being is if that place has a consumption lounge license,” Connor said.
Lexi sent a statement to 8 News Now that reads in part, “The Lexi operates in accordance with all local and state laws. No cannabis will be sold on the property, no cannabis can be legally delivered to the property, and smoking in common areas is prohibited by law.”
The hotel added guests can only smoke on the fourth floor, which operates in a legal gray area Connor said.
“I think most people would argue that hotel rooms are public places that are open for business for public to rent those rooms,” Connor added.
8 News Now asked The Lexi why people can only smoke on the fourth floor, and whether rates will be different if patrons stay in other rooms. The hotel has yet to respond.
Below is the hotel’s full statement:
“The Lexi operates in accordance with all local and state laws. No cannabis will be sold on the property, no cannabis can be legally delivered to the property, and smoking in common areas is prohibited by law. Only guests staying in designated fourth-floor guest rooms can consume cannabis and can do so only in the privacy of their room. At this time, reserving a room on the fourth floor must be done via phone or in person.” -The Lexi spokesperson