Since recreational marijuana was legalized in Nevada in 2016, there’s been a great paradox. It’s legal to buy and possess recreational marijuana, but unless you’re a local resident or friends with one, there’s no place you can legally consume it. Efforts by the City of Las Vegas to greenlight public consumption lounges have been delayed until at least July 2021 by the state Legislature. But there are exceptions.

On October 5, the NuWu Cannabis Marketplace made history by opening the first cannabis consumption lounge in Nevada.

Located on sovereign land owned by the Las Vegas Paiute Tribe, the nearly 16,000-square-foot marketplace, located just north of the Fremont Street casino corridor, is not beholden to the same restrictions as the rest of the state. Instead, it’s self-regulated through the Las Vegas Paiute Cannabis Authority. As such, there are no Nevada marijuana taxes, no waiting rooms and no reason not to open a consumption lounge.

If approved, the ordinance would make it a misdemeanor to sleep or camp in a public right-of-way if there are beds available at emergency shelters or space at the Homeless Courtyard Resource Center. The punishment comes with up to a $1,000 fine and six months in jail.

Mayor Carolyn Goodman, who is sponsoring the ordinance, reiterated on Twitter Monday that the proposal is about the health and safety of the community and will help connect people to homeless services.

“The mayor said this ordinance is about compassion, but that’s ridiculous,” Paulsen told the crowd. “There is nothing compassionate about jailing and ticketing people for not having a home. This proposal is absurd, cruel and unjust.”

The 9th U.S. Circuit Court of Appeals, whose jurisdiction includes district courts in Nevada, ruled in 2018 that cities can’t punish people for sleeping on the streets if there isn’t adequate shelter. The city argues since the ordinance only works when shelter beds and space at the courtyard are at capacity. The community services department would alert Las Vegas Metropolitan Police Department and the department of public safety of capacity every night.

However, Wesley Juhl, communications director with the ACLU of Nevada, countered the ordinance would still block people from life-sustaining activities.

“Those are things people do on the streets just to survive,” he said. “We’re talking about putting down a tarp down on hot pavement, sitting down in the shade or using a blanket when it’s cold. Under this ordinance, these are the things that are going to cost people $1,000 or lock them up behind bars.”

The ordinance is slated to be discussed at an Oct. 14 meeting of a recommending committee, which decides whether proposals will advance to the City Council agenda for a final vote. However, the groups are hoping Goodman pulls the ordinance beforehand.

If it does pass, Paulsen worries it could have a chilling effect on the outreach being done, especially considering the City of Las Vegas’ outreach team includes Metro officers.

“If someone has a warrant, they disengage from services,” Paulsen said. “They won’t trust law enforcement and officers doing street outreach if they have a warrant. They would be scared they’ll be taken to jail.”