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In a significant shift in county policy, Eureka County Commissioners will consider proposed changes to the county’s 10-year cannabis prohibition and have scheduled a public hearing for June 18, 2026.
The hearing is intended to collect public comment on proposed amendments to Eureka County Code Title 6, Chapter 60, the county’s Health and Welfare Ordinance. If the proposed ordinance regarding cannabis is approved, it would lift the countywide ban on medical and recreational marijuana establishments.
The proposed change to the ordinance first appeared on the commissioners’ May 19, 2026, agenda, where questions arose about what the change might mean for the community.
Under Nevada law, state regulators oversee approved retail dispensaries and other marijuana license types, including production, cultivation and lounges.
“I’m concerned that this may lead to lounges where people can gather,” local resident Robin Hicks said. “Who is going to enforce the ordinance, and does the ordinance refer to only growers, or can a dispensary open in town?”
Nevada law regulates the number of dispensaries allowed based on the county’s population. Eureka County, with a population of less than 55,000, would be allowed two recreational dispensaries and one production facility. State rules also impose setback requirements from schools, churches and day care facilities ranging from 300 to 1,000 feet, depending on the property’s use.
“I feel people need to show up for the public hearing and ask questions,” said Hicks.
The hearing will provide residents, businesses and other interested parties an opportunity to comment on the potential economic, regulatory and community impacts of allowing commercial cannabis operations within the county.
Since 2017, Eureka County has prohibited commercial medical and recreational marijuana establishments on all lands within Eureka County. Personal possession and cultivation as permitted under Nevada law are currently allowable and not part of any proposed change.
The proposed amendments come amid ongoing litigation between Eureka County and Eureka NewGen Farms, LLC, a company pursuing development of a commercial cannabis cultivation and production facility within the county. In its complaint, filed September 25, 2024, with the Eureka County Clerk’s office, Eureka NewGen Farms argues that the county’s existing prohibition on cannabis establishments prevents the company from obtaining the local approval necessary to satisfy conditions associated with its state-issued cannabis license. The company is seeking relief to allow the project to move forward and obtain final approval from Nevada regulators.
“I’m concerned of what a change to the ordinance may mean in the future,” noted Laurel Marshall at the May meeting. “We are opening ourselves up to a minimum of two dispensaries.”
Contrary to the complaint’s claim that Eureka NewGen Farms is the only provisional cannabis certificate holder for retail sales, a second conditional licensee is also awaiting final approval. Congeriem 5, LLC, a Las Vegas-based company, has also been granted a conditional license for a retail marijuana dispensary in Eureka County, according to the Nevada Cannabis Compliance Board, the state agency responsible for regulating Nevada’s legal cannabis industry.
Marshall, the supply chain manager for the Pan Mine, suggested to the commission that a discussion with mining industry representatives might be a good idea.
“We are the biggest taxpayers in the county,” she said. “The mines are working hard at trying to create a safe, clean workforce. Do what you can to help them achieve that. It’s already difficult to find employees.”
Every mine has required random drug testing and a zero-tolerance policy, she noted.
Eureka County’s ordinance prohibiting cannabis dispensaries and production facilities was drafted in 2017 shortly after Nevada voters approved the Nevada Marijuana Legalization Initiative, known as Question 2, on the November 2016 ballot. The measure legalized adult possession and recreational use of cannabis in Nevada.
According to the complaint, Eureka NewGen Farms, LLC, repeatedly asked the county to amend or repeal the ordinance, but those efforts were unsuccessful. The company also appeared before the board of county commissioners on November 18, 2022, to request that the county establish a cannabis business licensing program. Then-Chairman JJ Goicoechea cited the 2016 election—when 63% of Eureka County voters opposed Question 2—as evidence of public sentiment, and the board denied the request.
That position was recently echoed by Pete Goicoechea, who served as a Nevada state senator from 2012 to 2024. “When we drafted the marijuana legislation, we made sure counties had the authority to decide whether to allow it or not,” he said.
The Nevada Cannabis Compliance Board seems to agree.
“The county has a moratorium on marijuana now; they’ve been banning it,” said Steve Gilbert, deputy director, Nevada Cannabis Compliance Board. “It’s a county-level decision; it has nothing to do with our board. And the state doesn’t get involved in county ordinances.”
Filed Under: Local Stories
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