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Question of the Day - 26 June 2023

Q:

The Lexi, the new cannabis-friendly hotel, is getting a lot of notice. But my question is, how is pot smoking there legal? I thought it had to be a private residence for it to be allowed and this hotel isn't private. How do they get away with it? 

A:

The Lexi, Las Vegas' first cannabis-friendly hotel, opened earlier this month on W. Sahara near I-15.

Phoenix-based Elevation Hotels & Resorts purchased the existing 64-room Artisan non-casino hotel early last year from the Siegel Group for $11.9 million, then invested another $3-plus million to renovate all the hotel rooms, along with the lobby, bar, lounge, and (toptional) pool.

Marijuana consumption is permitted in the 22 hotel rooms on the top fourth floor only; they're ventilated by a state-of-the-art air-filtration system. That's why Lexi doesn't have a casino; casinos are disallowed from having any relationship with pot.

It's true that cannabis can be consumed only in a private dwelling or at a business that holds a license for a cannabis lounge (coming to Las Vegas sometime this century). The Lexi is neither, which is why pot consumption isn't allowed in any of the public areas, including the pool. Nor does it sell any cannabis products. 

But it turns out that a reserved hotel room is considered a private dwelling, which is why guests can consume cannabis inside their fourth-floor accommodations.

Here's how the CEO of Elevation, Alex Rizk, explains it.

"We're a commercial address, but once you check in, this is your residence for the night. It’s the same thing as if someone came in and burglarized your room and stole your stuff. You would be claiming against your home insurance for that." 

In a different interview, he said, “It’s a very new law, so we’re hoping to help trailblaze the evolution of the current laws. Especially in Las Vegas, and Nevada in general, everything is pretty nimble, everything is flexible. Everything’s changing all the time.”

Sometime in the future, if the marijuana laws are relaxed, the Lexi could host a consumption lounge. But given that the lounges have been in process for years and still show no signs of life, that seems like a long way away to us. 

 

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Comments

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  • David Miller Jun-26-2023
    Laws Relaxed
     "Laws Relaxed" is just another way of saying once the state determines what their cut will be will then and only then when consumption lounges will be allowed - in other words - it is ALL ABOUT THE MONEY.

  • Kevin Lewis Jun-26-2023
    What's the difference
    You can legally drink booze until you pass out; you can watch Fox News 24/7 despite the irreversible brain damage it causes; so why shouldn't you be allowed to smoke pot? It ranks about twelfth on the list of questionable things you can do to yourself in Vegas.

  • Mike Jun-26-2023
    Thoughts on neighborhood?
    It looks like a nice place, but how is the 'hood?
    
    I'd have to walk to the Oyster Bar daily for breakfast since the lunch and dinner lines are long.
    
    The view at the Sahara the last trip gave me a nice view of all of the police lights in that area.  
    
    I consider Sahara a good value for free parking and the monorail station to the Convention Center.

  • Dave_Miller_DJTB Jun-26-2023
    Under that logic…
    Couldn’t the owner take up residence in one of the rooms, and then claim that since he is living on property, and owns the whole thing, that all common areas could allow pot?
    
    I realize that since it’s corporate owned, finding an ‘owner’ for this loophole gets tricky, but…

  • [email protected] Jun-26-2023
    Hotel room as residence?
    If a rented hotel room is considered your residence, it would seem that pot would be legal in any hotel in Nevada. If so, and fumes from your indulging neighbor make your room not habitable, to whom do you complain? Gaming Control?

  • VegasROX Jun-26-2023
    Court case
    IF, as they interpret the personal residence clause, becomes "the definitive word" in the law, I see a free for all in smoking rooms. At the same time, I see more places doing like Caesars property and making all their rooms totally non smoking. While some have looked the other way, to appease the pothead, if it becomes a free for all in hotel rooms, I have no doubt MANY non smokers (of all kind) will quit renting rooms in Vegas and 99.9% of people who travel to Vegas do so to stay more than 1 day. If they don't rent rooms, they will quit going, especially if every room reeks of pot. I see a potential court case coming to answer their view of the law. It will be interesting. 

  • CLIFFORD Jun-26-2023
    UNUSUAL LOCATION
    POT SMOKING - A GREAT IDEA TO ATTRACT BUSINESS. THEY ARE CLOSE TO PALACE STATION WHICH, IN MY OPINION, IS ANOTHER BIG PLUS.  GOOD LUCK DUDES.  

  • Gregory Jun-26-2023
    Here's an idea...
    If the concept of a pot friendly hotel offends you, DON'T STAY THERE.  Did you find that all the other hotels in Las Vegas were booked out and this was the only place left with a vacancy?

  • Luis Jun-26-2023
    Not allowed?
    Just walk around the Bellagio Fountain, or at any pedestrian bridge, or even any walkway and tell me it isn't allowed, it all smells of pot smoking in public places, over at the park next to the non smoking Park MGM, also, the smell of pot fills the air, but try to light up a cigar or cigarette and all hell breaks loose ( I don't smoke personally but I've seen it), pot smoking is more "tolerated" than cigar or cigarette smoking (and there is a big difference between cigar and cigarette smoke).  

  • VegasROX Jun-26-2023
    Gregory 🤣🤣
    Amazing how smokers (of any ilk) always want people that don't smoke, to go elsewhere. I have a better idea...let's put ALL the smokers at either OYO or RIO..their choice. They can smoke in their rooms all they want, smoke in the casinos and even someplace they haven't bee  able to smoke for some now, in all eating places at either one. I'm sure that restaurants would flock to the haze hotel. There you go, Gregory...you should be ecstatic. 

  • Kevin Lewis Jun-26-2023
    Even better
    I favor a designated planet, or possibly another planet's moon, to be set aside for smokers. Stuff 'em all in a spaceship programmed to crash on Mars or Io or whatever. Those that survive will be free to build a smoker-friendly casino.

  • [email protected] Jun-26-2023
    Political TOOLS
    "you can watch Fox News 24/7 despite the irreversible brain damage it causes" OR "you can watch CNN, NSNBC,CBS, ABC, NBC News 24/7 despite the irreversible brain damage it causes". Bottom line is EVERY person that watches ANY political news is a tool and a naive individual because NOTHING is changing because anyone ESPECIALLY a talking head on radio or TV that is paid for their opinion is going to change anything to make YOUR life better so you are wasting your time CHEERING for either side. That being said the best choice for POTUS in 2024 by far is Robert Kennedy Jr. because he is best option for libertarians and freedom lovers.