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Elko County, NV Cannabis Regulations: Dispensary Zoning (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

General rule
Cannabis establishments not allowed in unincorporated Elko County
Exception
Unincorporated town of Jackpot
Zoning district
AC Adult Cannabis District, by zone change
Operation
Entirely within an enclosed building
Minimum site
10,000 square feet, 75 feet wide
Conditions appeal
To the Board of County Commissioners under 4-9-10

Summary

Unincorporated Elko County, Nevada bars cannabis establishments in every zoning district except the unincorporated town of Jackpot. The county's AC Adult Cannabis District allows adult-use retail stores and medical dispensaries inside enclosed buildings, but only through a zone change that the Planning and Zoning Board can condition.

These county ordinances apply to unincorporated areas of Elko County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

4-14-1: PROVISIONS FOR APPROPRIATE ZONING: ... (A) The "AC" District is established to provide space for cannabis establishments so regulated as to provide for the safety and welfare of the communities wherein the cannabis establishments are located. (B) Permitted Uses: The following principle uses are permitted when conducted entirely within an enclosed building: ... 4. Adult-use cannabis retail store; ... 9. Medical cannabis dispensary. ... 6-15-2: CANNABIS ESTABLISHMENT: (A) Notwithstanding any other provisions of this Code, cannabis establishments are not allowed in the unincorporated area of Elko County, and shall be unlawful as a permitted use, conditional use or accessor use in any zoning district within the unincorporated areas of Elko County, including the unincorporated towns, except in the following: 1. The unincorporated town of Jackpot. (Ord. 06-2020, 11-4-2020)

Full Breakdown

Section 6-15-2 of the Elko County Code says that, notwithstanding any other provision, cannabis establishments are not allowed in the unincorporated area of Elko County and are unlawful as a permitted use, conditional use or accessor use in any zoning district there, including the unincorporated towns, except in the unincorporated town of Jackpot. The AC District in § 4-14-1 supplies the zoning tool. Permitted uses, all conducted entirely within an enclosed building, are adult-use cultivation, independent testing, production, retail store and distributor facilities and medical independent testing, cultivation, production and dispensary facilities.

If the applicant for a zoning change transfers, sells or discontinues operating a cannabis establishment on the property, the zoning automatically reverts to the previous designation. The yards are 30 feet in front, 20 feet in the rear and 10 feet at the side. Height is capped at fifty feet (50') or four (4) stories, and twenty feet (20') within fifty feet (50') of an R District. The minimum site is ten thousand (10,000) square feet with a minimum lot width of seventy-five feet (75').

Parking is one space for each three hundred (300) square feet, paved, and the site needs desert landscape or plants that use minimal water. Signs are limited to two in number and fifteen (15) square feet each. Before approving a zone change, the Planning and Zoning Board can set conditions on manner of operation, environmental sustainability, odor control, parking, traffic and aesthetics, and the applicant can appeal those conditions to the Board of County Commissioners in the manner set forth in § 4-9-10. A county cannabis establishment business license is also required under § 6-15-3. Elko, Carlin, Wells and West Wendover are separate cities with their own codes.

Violations & Fines

Operating a cannabis establishment outside Jackpot is unlawful under § 6-15-2 as a permitted, conditional or accessory use in any unincorporated zoning district. A dispensary without the AC zone change or the § 6-15-3 business license from Elko County is unlicensed. This row quotes the zoning provisions only; the cited sections print no separate fine amount.

Frequently Asked Questions

Can a dispensary open anywhere in unincorporated Elko County?
No. Section 6-15-2 says cannabis establishments are not allowed in the unincorporated area of Elko County, including the unincorporated towns, except the unincorporated town of Jackpot. The cities of Elko, Carlin, Wells and West Wendover have their own codes, which this county ordinance does not govern.
What kinds of cannabis businesses does the AC District allow?
Section 4-14-1(B) lists nine uses: adult-use cultivation, independent testing, production, retail store and distributor facilities, and medical independent testing, cultivation, production and dispensary facilities. Each must be conducted entirely within an enclosed building.
What happens to the zoning if the dispensary closes?
Under § 4-14-1(C), if the applicant for the zoning change transfers, sells or discontinues operating a cannabis establishment on the real property, the zoning designation automatically reverts to the previous zoning designation. The AC District does not stay attached to the parcel once the operation ends.
Can the county add conditions, and can I appeal them?
Before approving a zone change, the Planning and Zoning Board can place reasonable conditions on manner of operation, environmental sustainability and mitigation plans, odor control systems, site plan as to parking, traffic movement and aesthetics. Section 4-14-1(L) lets the applicant appeal those conditions to the Board of County Commissioners under § 4-9-10.

Sources & Official References

Other rules in Elko County

All Elko County rules

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