No, Fox News, Nevada did not declare a “state of emergency" over marijuana

Fox News’ inaccurate report on Nevada marijuana sales is lazy reporting at best, reefer madness at worst

Sarah Wasko / Media Matters

On July 11, FoxNews.com published an article claiming that Nevada Gov. Brian Sandoval (R) had “declared a state of emergency on Friday” over inadequate supplies of marijuana for retail sales. In reality, the governor had “authorized state regulators to consider an emergency regulation” to deal with a marijuana shortage.

On July 10, Fox’s Salt Lake City affiliate, Fox 13, reported that the Nevada Tax Commission issued a statement that it will, according to the report, “consider emergency regulations … to provide a structure for marijuana distribution to retailers.” The piece also said that Nevada’s governor had “endorsed” the “statement of emergency declared for recreational marijuana regulations.” 

The next day, Fox News’ website published an article citing Fox 13’s story to report that “Gov. Brian Sandoval, R-Nev., issued the state of emergency on Friday” with the intention of allowing the state’s Department of Taxation to “contemplate emergency regulations that would permit liquor wholesalers to cash in on the marijuana sales.” The New York Post, which is owned by Rupert Murdoch along with Fox News, also claimed that “Gov. Brian Sandoval is calling for a ‘state of emergency’.” But the governor has categorically not “declared a state of emergency,” as FoxNews.com and the New York Post claim.

In reality, as The Associated Press reported, Sandoval only (emphasis added) “authorized state regulators to consider an emergency regulation that would allow officials to determine whether the state has enough marijuana distributors to keep its retail shops supplied.” Several Nevada-based news outlets reported accurately on the possible “emergency regulation,” with The Nevada Independent explaining that the regulation would “pave the way for opening up the distribution role to more than just liquor distributors.” Even Fox News’ Las Vegas affiliate reported that “Gov. Brian Sandoval (R) endorsed an emergency marijuana regulation on behalf of the Department of Taxation's Statement of Emergency that is set to be considered for adoption on July 13 by the Nevada Tax Commission.”

For over a decade, Fox News has made embarrassingly inaccurate marijuana claims, including to smear academics, poor people, and criminal justice reform. In 2005, Sean Hannity called an illegal marijuana-growing facility a “secret liberal lab” because it was underneath a State University of New York campus. In 2012, Steve Doocy criticized Amendment 64, Colorado’s legalization of marijuana, by falsely claiming it offers “nothing” to stop people from “getting all potted up on weed” and driving, even though the bill states that “driving under the influence of marijuana shall remain illegal.” In 2014, Fox’s Martha MacCallum ignored statistics that show that black people are arrested for using marijuana more often than white people even though they have similar rates of usage, when she suggested that the real problem was black people smoking too much weed. 

The effect of Fox’s marijuana smears has even been felt in Congress. In 2014 the network successfully brought into the mainstream narrative an absurd urban myth that Colorado allowed people to buy marijuana with food stamps, spawning a misinformation campaign that resulted in two proposed congressional bills and is referenced by Fox guests to this day.