A.B. 76
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ASSEMBLY BILL NO. 76–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE CANNABIS COMPLIANCE BOARD)
PREFILED NOVEMBER 20, 2024
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to cannabis.
(BDR 56-286)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to cannabis; revising provisions relating to the
confidentiality of certain information relating to cannabis;
revising provisions governing certain disciplinary
proceedings; prohibiting certain transportation of
cannabis and cannabis products under certain
circumstances; revising provisions relating to the
operation of a cannabis establishment; authorizing the
Cannabis Compliance Board to issue summonses and
subpoenas and take certain other actions relating to
unlicensed cannabis activities; revising provisions relating
to the licensing of a cannabis establishment; revising
provisions relating to cannabis independent testing
laboratories; revising provisions relating to advertising
engaged in and packaging used by a cannabis
establishment; authorizing certain cannabis
establishments to engage in certain activities involving
hemp; exempting certain persons from state prosecution
for certain criminal offenses under certain circumstances;
making various other changes relating to the regulation of
cannabis; and providing other matters properly relating
thereto.
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Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of persons and 1
establishments involved in the cannabis industry in this State by the Cannabis 2
Compliance Board. (Title 56 of NRS) Existing law sets forth procedures by which 3
the Board may take disciplinary action against a licensee or registrant. (NRS 4
678A.500-678A.600) Under existing law, the Executive Director of the Board is 5
authorized to transmit the details of any suspected violation of the provisions of 6
existing law and regulations that govern the medical and adult use of cannabis to 7
the Attorney General for an investigation. (NRS 678A.500) After the investigation, 8
existing law requires the Board to determine whether to proceed with disciplinary 9
action against a licensee or registrant. (NRS 678A.510) If the Board proceeds with 10
disciplinary action, existing law: (1) requires the Board or the Executive Director to 11
serve a complaint upon the respondent; and (2) sets forth procedures for the 12
conduct of a disciplinary hearing before the Board. (NRS 678A.520-678A.590) If 13
the Board determines that a licensee or registrant has violated a provision of 14
existing law or regulations governing the medical and adult use of cannabis, 15
existing law authorizes the Board to impose certain penalties against the licensee or 16
registrant. (NRS 678A.600) 17
Sections 6, 11 and 13-24 of this bill revise the procedures by which 18
disciplinary action may be taken against a licensee or registrant. Section 13 19
specifies that the Executive Director is authorized to transmit the details of a 20
suspected violation to the Attorney General for further investigation. Section 24 21
makes a conforming change to reflect the fact that an investigation of a violation is 22
commenced by the Executive Director, rather than the Board. Section 14 requires 23
the Executive Director, rather than the Board, to make the determination whether to 24
proceed with disciplinary action. If the Executive Director makes a determination 25
to proceed, section 15 requires the Executive Director to serve upon the respondent 26
either a complaint or notice of violation. Section 11 requires the Board to adopt 27
regulations prescribing a list of violations which are appropriate for the issuance of 28
a notice of violation. Section 15 revises the required content of a complaint and sets 29
forth the required content of a notice of violation. Under section 15, if the 30
Executive Director serves a notice of violation, the Executive Director may seek 31
only the imposition of a civil penalty. Section 15 requires the respondent to either 32
answer the complaint or notice of violation or, for a notice of violation, pay the 33
civil penalty being sought. Upon receipt of an answer demanding a hearing or the 34
expiration of the time to answer the complaint or notice of violation, section 15 35
requires the Executive Director to assign the matter to a hearing officer. Sections 36
15-23 require a disciplinary hearing to be heard before a hearing officer, rather than 37
the Board, and revise procedures for the conduct of such a hearing. Section 6: (1) 38
provides that the decision and order of a hearing officer is final unless a party 39
aggrieved by the decision requests that the Board review the decision or the Board 40
initiates such a review on its own motion; and (2) sets forth procedures for the 41
conduct of a review by the Board. Section 23 provides that any person aggrieved 42
by a final decision or order of the Board after a review conducted pursuant to 43
section 6 is entitled to judicial review of the decision or order. 44
Section 5 of this bill requires the Board to appoint one or more hearing officers 45
to conduct disciplinary hearings and render decisions. 46
Section 26 of this bill authorizes the Board, the Executive Director or a 47
designee of the Executive Director to issue a letter of warning, a letter of concern or 48
a nonpunitive admonishment under certain circumstances. 49
Existing law requires the Board to adopt regulations providing for the 50
investigation of unlicensed cannabis activities and the imposition of penalties 51
against persons who engage in such activities. (NRS 678A.450) Section 11 52
authorizes the Board to issue summonses and subpoenas and to take certain other 53
actions in connection with such an investigation. 54
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Sections 4, 12 and 54 of this bill revise provisions relating to the 55
confidentiality of certain information obtained by the Board. Existing law 56
authorizes the Governor or his or her designee to enter into one or more agreements 57
with tribal governments concerning cannabis. (NRS 223.250) Sections 52 and 53 58
of this bill provide that certain information received by a governmental entity 59
pursuant to the terms of such an agreement does not constitute a public record and 60
is confidential. 61
Sections 2, 7, 33, 34, 37 and 38 of this bill establish a standardized definition 62
of the term “local governmental jurisdiction” for the purposes of provisions 63
governing the medical and adult use of cannabis. 64
Existing law prohibits the production, distribution and sale of any synthetic 65
cannabinoid. (NRS 453.572, 557.255, 678B.525) Section 10 of this bill revises the 66
definition of “synthetic cannabinoid” to: (1) specify that any cannabinoid that is 67
either produced artificially or not obtained directly without the use of chemicals 68
from a plant of the genus Cannabis constitutes a synthetic cannabinoid; and (2) 69
exclude delta-9-tetrahydrocannabinol produced using certain processes. 70
Existing law requires a cannabis establishment to use an inventory control 71
system. (NRS 678B.210, 678B.250, 678C.430) Existing law sets forth certain 72
requirements for the operation of such a system by a medical cannabis 73
establishment. (NRS 678B.430) Sections 27, 31, 32, 35 and 45 of this bill revise 74
those requirements and additionally apply the requirements to the operation of such 75
a system by an adult-use cannabis establishment. Sections 45 and 49 of this bill 76
revise requirements for a dual licensee concerning the reporting of inventory. 77
Existing law authorizes a medical cannabis establishment to: (1) transport 78
medical cannabis to another cannabis establishment or between the buildings of the 79
medical cannabis establishment; and (2) enter into a contract with a third party to 80
provide such transportation. (NRS 678C.460) Existing law, with certain exceptions, 81
prohibits an adult-use cannabis establishment from transporting cannabis or 82
cannabis products to an adult-use cannabis retail store unless the adult-use cannabis 83
establishment holds an adult-use cannabis establishment license for an adult-use 84
cannabis distributor. (NRS 678D.410, 678D.440) Section 46 of this bill eliminates 85
the authorization for a medical cannabis establishment to transport cannabis or 86
cannabis products and to enter into a contract with a third party to transport 87
cannabis or cannabis products. Section 28 of this bill instead prohibits, with certain 88
exceptions, any cannabis establishment from transporting cannabis or cannabis 89
products to another cannabis establishment or between the buildings of a cannabis 90
establishment unless the cannabis establishment holds an adult-use 91
cannabis establishment license for an adult-use cannabis distributor. Section 50 of 92
this bill authorizes an adult-use cannabis distributor to transport cannabis and 93
cannabis products between a cannabis establishment and another cannabis 94
establishment or between the buildings of a cannabis establishment. Section 8 of 95
this bill revises the definition of “adult-use cannabis distributor” to reflect the 96
authorizations set forth in section 50. 97
Existing law sets forth procedures by which a health authority, upon finding a 98
condition in the operation of a food establishment constituting a substantial hazard 99
to the public health, may issue an order to the holder of the permit to operate the 100
food establishment that may require the immediate suspension of the permit and 101
discontinuance of all food operations. (NRS 446.880) Section 30 of this bill sets 102
forth similar procedures by which an agent of the Board may issue such an order to 103
the holder of a cannabis establishment license if the agent finds a condition in the 104
operation of the cannabis establishment which constitutes a substantial hazard to 105
the public health. Section 30 sets forth certain conditions under which such an 106
order may not order the immediate suspension of the license and the immediate 107
discontinuance of the operations of the cannabis establishment. Section 29 of this 108
bill defines “substantial hazard to the public health” to include certain specified 109
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conditions. Section 29 additionally requires the Board to adopt certain regulations 110
concerning substantial hazards to the public health which may exist at a cannabis 111
establishment. 112
Existing law requires an applicant for a medical cannabis establishment license 113
or adult-use cannabis establishment license to submit to the Board the physical 114
address of the proposed cannabis establishment, which, among other requirements, 115
must not be within a certain distance of a public or private school or community 116
facility. (NRS 678B.210, 678B.250) Sections 32 and 35 establish definitions of 117
“public school” and “private school” and revise the definition of “community 118
facility.” 119
Section 36 of this bill revises certain requirements for cannabis independent 120
testing laboratories. 121
Existing law deems the issuance of a license by the Board to be conditional in 122
certain local governmental jurisdictions until the cannabis establishment is in 123
compliance with applicable local governmental ordinances or rules and the local 124
government has issued a business license for the operation of the establishment. 125
(NRS 678B.320) Section 37 additionally deems the issuance of such a license to be 126
conditional until the cannabis establishment satisfies an inspection conducted by 127
the Board. 128
Existing law prohibits a cannabis establishment from dispensing or selling 129
cannabis or cannabis products from a vending machine or allowing such a vending 130
machine to be installed on the premises of the cannabis establishment. (NRS 131
678B.510) Section 39 of this bill authorizes a cannabis establishment to engage in 132
such activities upon the approval of the Board. Section 39 additionally revises the 133
procedures that the operating documents of a cannabis establishment are required to 134
include. 135
Existing law authorizes a medical cannabis production facility to: (1) acquire 136
hemp or a commodity or product made using hemp from a grower or handler 137
registered by the State Department of Agriculture; and (2) use hemp or a 138
commodity or product made using hemp to manufacture medical cannabis products. 139
(NRS 687C.410) Sections 40 and 43 of this bill instead authorize any cannabis 140
production facility to: (1) acquire hemp from any source approved by the Board; (2) 141
use hemp to manufacture cannabis products; and (3) sell to a cannabis sales facility 142
a cannabis product that contains hemp. Section 40 additionally authorizes a 143
cannabis sales facility to acquire hemp or a commodity or product made using 144
hemp from any source approved by the Board and to sell hemp or any cannabis 145
product that contains hemp, in addition to any commodity or product made using 146
hemp. 147
Existing law prohibits a person from selling, offering to sell, appearing to sell 148
or advertising the sale of cannabis or cannabis products unless the person holds an 149
adult-use cannabis establishment license or medical cannabis establishment license. 150
(NRS 678B.530) Section 41 of this bill prohibits those actions only if the person 151
does not have the appropriate type of license and additionally prohibits a person 152
from advertising as a cannabis sales facility or cannabis consumption lounge 153
without the appropriate type of license. 154
Existing law exempts an employee of the State Department of Agriculture from 155
state prosecution for certain offenses relating to cannabis under certain 156
circumstances. (NRS 678B.600) Section 42 of this bill expands that exemption to 157
also include an employee of the Board and an attorney who represents the 158
Department or the Board. 159
Existing law provides an exemption from state prosecution for the possession, 160
delivery and production of cannabis for: (1) a person who holds a valid registry 161
identification card or letter of approval; and (2) a person who is 21 years of age or 162
older. However, under existing law, that exemption is subject to certain limitations. 163
For example, with respect to usable cannabis, the exemption applies only to the 164
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extent that a person does not, at any one time, possess, deliver or produce more 165
than 2.5 ounces of usable cannabis. (NRS 678C.200, 678D.200) Existing law also 166
prohibits a cannabis sales facility from selling to a person, in any one transaction, 167
more than 2.5 ounces of usable cannabis. (NRS 678B.550) Sections 3, 7 and 56 of 168
this bill revise the definition of “usable cannabis” to exclude the seeds of a plant of 169
the genus plant Cannabis and applies this definition throughout the provisions 170
of existing law governing the medical and adult use of cannabis. Section 47 of this 171
bill makes a conforming change to eliminate a reference to a provision that has 172
been repealed in section 56. 173
Existing law requires a medical cannabis establishment to maintain an 174
electronic verification system. (NRS 678B.210, 678C.420) Section 9 of this bill 175
changes the name of such a system to an electronic verification and authentication 176
system. Section 44 of this bill revises requirements concerning the operation of 177
such a system. 178
Existing law requires an adult-use cannabis product to be sold in a single 179
package. (NRS 678D.420) Section 48 of this bill revises requirements concerning 180
the amount of usable cannabis or THC that a single package may contain. 181
Existing law, with certain exceptions, prohibits smoking in any form within 182
indoor places of employment. (NRS 202.2483) Section 51 of this bill clarifies that 183
the smoking of cannabis in a cannabis consumption lounge in accordance with the 184
provisions of existing law governing the medical and adult-use of cannabis is not 185
prohibited. 186
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 678A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2 to 6, inclusive, 2
of this act. 3
Sec. 2. “Local governmental jurisdiction” means a city or 4
unincorporated area within a county. 5
Sec. 3. 1. “Usable cannabis” means the dried leaves and 6
flowers of a plant of the genus Cannabis, and any mixture or 7
preparation thereof, that are appropriate for the medical use of 8
cannabis or the adult use of cannabis. 9
2. The term does not include the seeds, stalks and roots of the 10
plant. 11
Sec. 4. The Board or an agent of the Board may refuse to 12
reveal, in any court or administrative proceeding, except a 13
proceeding brought by the State of Nevada: 14
1. The identity of any person who has furnished to the Board 15
information purporting to reveal the commission of a violation of 16
a provision of this title or the regulations adopted pursuant 17
thereto, including, without limitation, information concerning 18
unlicensed cannabis activities; 19
2. The information obtained by the Board from a person 20
described in subsection 1; or 21
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3. Both the identity of a person described in subsection 1 and 1
the information obtained from the person. 2
Sec. 5. The Board shall appoint one or more hearing officers 3
to conduct hearings and render decisions as provided in NRS 4
678A.520 to 678A.600, inclusive, and section 6 of this act. 5
Sec. 6. 1. Unless a review by the Board is requested by a 6
party or initiated by the Board pursuant to subsection 2 or 3, the 7
decision and order of a hearing officer issued pursuant to NRS 8
678A.590 are final and not subject to review by any court or the 9
Board. 10
2. A party who is aggrieved by the decision and order of a 11
hearing officer issued pursuant to NRS 678A.590 may submit to 12
the Board a written request for a review of the decision and order 13
within 30 calendar days after the service of the decision and order. 14
3. The Board may, on its own motion, initiate a review of the 15
decision and order of a hearing officer issued pursuant to NRS 16
678A.590 within 30 days after the service of the decision and 17
order. 18
4. If requested or initiated in accordance with subsection 2 or 19
3, the Board shall conduct a review of the decision and order of 20
the hearing officer. The review must be limited to the record of the 21
proceedings before the hearing officer. The Board may not 22
consider any additional evidence which was not presented to the 23
hearing officer. 24
5. The Board may, at the request of a party or on its own 25
motion, provide for oral argument as part of a review conducted 26
pursuant to this section. The Chair of the Board shall determine 27
the time, place and any other conditions and requirements for any 28
such oral argument. 29
6. After the conclusion of a review conducted pursuant to this 30
section, the Board may affirm, modify or reverse the decision and 31
order of the hearing officer or remand the matter to the hearing 32
officer for further proceedings. The Board shall prepare a written 33
decision and order on the matter as expeditiously as possible and 34
serve the decision and order on the parties personally or by 35
certified mail. 36
Sec. 7. NRS 678A.010 is hereby amended to read as follows: 37
678A.010 As used in this title, unless the context otherwise 38
requires, the words and terms defined in NRS 678A.020 to 39
678A.240, inclusive, and sections 2 and 3 of this act have the 40
meanings ascribed to them in those sections. 41
Sec. 8. NRS 678A.030 is hereby amended to read as follows: 42
678A.030 “Adult-use cannabis distributor” means a business 43
that: 44
1. Is licensed by the Board pursuant to NRS 678B.250; and 45
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2. Transports cannabis or [adult-use] cannabis products [from 1
an adult-use] between a cannabis establishment [to] and another 2
[adult-use] cannabis establishment [.] or between the buildings of a 3
cannabis establishment. 4
Sec. 9. NRS 678A.150 is hereby amended to read as follows: 5
678A.150 “Electronic verification and authentication system” 6
means an electronic database that: 7
1. Keeps track of data in real time; and 8
2. Is accessible by the Board and by the cannabis 9
establishment. 10
Sec. 10. NRS 678A.239 is hereby amended to read as follows: 11
678A.239 1. “Synthetic cannabinoid” means a cannabinoid 12
that is: 13
[1.] (a) Produced artificially, whether from chemicals or from 14
recombinant biological agents, including, without limitation, yeast 15
and algae; [and 16
2. Is not] or 17
(b) Not obtained directly without the use of chemicals derived 18
from a plant of the genus Cannabis . [, including,] 19
2. The term includes, without limitation, biosynthetic 20
cannabinoids. 21
3. The term does not include delta-9-tetrahydrocannabinol 22
produced through the decarboxylation of tetrahydrocannabinolic 23
acid using a process approved by the Board. 24
Sec. 11. NRS 678A.450 is hereby amended to read as follows: 25
678A.450 1. The Board may adopt regulations necessary or 26
convenient to carry out the provisions of this title. Such regulations 27
may include, without limitation: 28
(a) Financial requirements for licensees. 29
(b) Establishing such education, outreach, investigative and 30
enforcement mechanisms as the Board deems necessary to ensure 31
the compliance of a licensee or registrant with the provisions of this 32
title. Such mechanisms must include, without limitation: 33
(1) A system to educate, train and certify employees of the 34
Board which: 35
(I) Each employee must complete before he or she may 36
engage in inspections, investigations or audits; and 37
(II) At a minimum, includes training that is the same or 38
substantially similar to any training that is required by the Board by 39
regulation to be completed by a cannabis establishment agent before 40
he or she may be employed by, volunteer at or provide labor to a 41
cannabis establishment; 42
(2) A system to educate and advise licensees and registrants 43
on compliance with the provisions of this title which may serve as 44
an alternative to disciplinary action; and 45
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(3) Establishing specific grounds for disciplinary action 1
against a licensee or registrant who knowingly violates the law or 2
engages in grossly negligent, unlawful or criminal conduct or an act 3
or omission that poses an imminent threat to the health or safety of 4
the public. 5
(c) Requirements for licensees or registrants relating to the 6
cultivation, processing, manufacture, transport, distribution, testing, 7
study, advertising and sale of cannabis and cannabis products. 8
(d) Policies and procedures to ensure that the cannabis industry 9
in this State is economically competitive, inclusive of racial 10
minorities, women and persons and communities that have been 11
adversely affected by cannabis prohibition and accessible to persons 12
of low-income seeking to start a business. 13
(e) Policies and procedures relating to the disclosure of the 14
identities of the shareholders and the annual report of a cannabis 15
establishment that is a publicly traded company. 16
(f) Reasonable restrictions on the signage, marketing, display 17
and advertising of cannabis establishments. Such a restriction must 18
not require a cannabis establishment to obtain the approval of the 19
Board before using a logo, sign or advertisement. 20
(g) Provisions governing the sales of products and commodities 21
made from hemp, as defined in NRS 557.160, or containing 22
cannabidiol by cannabis establishments. 23
(h) Requirements relating to the packaging and labeling of 24
cannabis and cannabis products. 25
2. The Board shall adopt regulations providing for the 26
gathering and maintenance of comprehensive demographic 27
information, including, without limitation, information regarding 28
race, ethnicity, age and gender, concerning each: 29
(a) Owner and manager of a cannabis establishment. 30
(b) Holder of a cannabis establishment agent registration card. 31
3. The Board shall adopt regulations prescribing a list of 32
each violation of a provision of this title or a regulation adopted 33
pursuant thereto that the Board has determined to be appropriate 34
for the issuance of a notice of violation pursuant to 35
NRS 678A.520. 36
4. The Board shall adopt regulations providing for the 37
investigation of unlicensed cannabis activities and the imposition of 38
penalties against persons who engage in such activities. Such 39
regulations must, without limitation: 40
(a) Establish penalties to be imposed for unlicensed cannabis 41
activities, which may include, without limitation, the issuance of a 42
cease and desist order or citation, the imposition of an 43
administrative fine or civil penalty and other similar penalties. 44
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(b) Set forth the procedures by which the Board may impose a 1
penalty against a person for engaging in unlicensed cannabis 2
activities. 3
(c) Set forth the circumstances under which the Board is 4
required to refer matters concerning unlicensed cannabis activities 5
to an appropriate state or local law enforcement agency. 6
[4.] 5. As part of an investigation of unlicensed cannabis 7
activities conducted pursuant to the regulations adopted pursuant 8
to subsection 4, if the Board has cause to believe that a person has 9
engaged in or is engaging in unlicensed cannabis activities, the 10
Board may issue a summons to require any person to appear 11
before the Board at the time and place set forth in the summons 12
and a subpoena to require the testimony of any person or the 13
production of documents. The Board may administer an oath or 14
affirmation to any person providing testimony pursuant to such a 15
subpoena. A summons or subpoena issued pursuant to this 16
subsection must be served upon a person in the manner required 17
for service of process in this State or by certified mail with return 18
receipt requested. An employee of the Board may personally serve 19
such a summons or subpoena. The Board may use any documents, 20
records or material produced pursuant to a subpoena issued 21
pursuant to this subsection in the course of an action or 22
proceeding brought pursuant to the regulations adopted pursuant 23
to subsection 4. 24
6. The Board shall transmit the information gathered and 25
maintained pursuant to subsection 2 to the Director of the 26
Legislative Counsel Bureau for transmission to the Legislature on or 27
before January 1 of each odd-numbered year. 28
[5.] 7. The Board shall, by regulation, establish a pilot 29
program for identifying opportunities for an emerging small 30
cannabis business to participate in the cannabis industry. As used in 31
this subsection, “emerging small cannabis business” means a 32
cannabis-related business that: 33
(a) Is in existence, operational and operated for a profit; 34
(b) Maintains its principal place of business in this State; and 35
(c) Satisfies requirements for the number of employees and 36
annual gross revenue established by the Board by regulation. 37
Sec. 12. NRS 678A.470 is hereby amended to read as follows: 38
678A.470 1. The Board shall cause to be made and kept a 39
record of all proceedings at regular and special meetings of the 40
Board. These records are open to public inspection. 41
2. [Any] Except as otherwise provided in subsections 3, 4 and 42
6, any and all information and data prepared or obtained by the 43
Board or by an agent or employee of the Board [relating to a holder 44
of or an applicant for a medical cannabis establishment license 45
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pursuant to NRS 678B.210, other than the name of a licensee and 1
each owner, officer and board member of the licensee and 2
information relating to the scoring and ranking of applications 3
and the imposition of disciplinary action, are confidential and may 4
be revealed in whole or in part only in the course of the necessary 5
administration of this title or upon the lawful order of a court of 6
competent jurisdiction. The Board may reveal such information and 7
data to an authorized agent of any agency of the United States 8
Government, any state or any political subdivision of a state or the 9
government of any foreign country. Notwithstanding any other 10
provision of state law, such information and data may not be 11
otherwise revealed without specific authorization by the Board 12
pursuant to the regulations of the Board. 13
3. Except as otherwise provided in this subsection, any 14
information and data included in] : 15
(a) Relating to an application for [an adult-use cannabis 16
establishment] a license or a registration card , a request for a 17
transfer of ownership interest pursuant to the regulations adopted 18
by the Board pursuant to NRS 678B.380 or a request to obtain the 19
approval of the Board of any act, transaction, qualification, 20
extension or exemption for which the approval of the Board is 21
required pursuant to this title or the regulations adopted pursuant 22
thereto and which is given at a meeting of the Board; 23
(b) That is required by the Board to be provided to the Board 24
pursuant to this title or any regulation adopted pursuant thereto or 25
which may be otherwise obtained relative to the finances, earnings 26
or revenue of any licensee, registrant or applicant for a license or 27
registration card; 28
(c) Pertaining to the criminal record, antecedents and 29
background of a natural person; 30
(d) For which an assurance that the information and data will 31
be held in confidence and treated as confidential has been 32
provided in writing by the Board or an agent or employee of the 33
Board who has been authorized by the Board to provide such an 34
assurance; 35
(e) Relating to the internal layout and structural elements of a 36
cannabis establishment; 37
(f) Relating to the security of a cannabis establishment, 38
including, without limitation, the security measures and 39
emergency preparedness of a cannabis establishment and any 40
assessment of threats to or vulnerabilities of a cannabis 41
establishment; 42
(g) That constitutes a trade secret, as defined in NRS 43
600A.030, and for which the word “Confidential” or “Private” or 44
another indication of secrecy was placed in a reasonably 45
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noticeable manner on any medium or container that describes or 1
includes any portion of the trade secret at the time it was provided 2
to the Board or an agent or employee of the Board; 3
(h) That contains the name or other personal information of a 4
natural person who facilitates or delivers services in accordance 5
with the provisions of this title and the regulations adopted 6
pursuant thereto; 7
(i) Whose disclosure would likely prejudice the effectiveness of 8
the operations of a law enforcement agency; 9
(j) Relating to the activities of a licensee or registrant involving 10
the medical use of cannabis; or 11
(k) Relating to disciplinary action taken in accordance with 12
NRS 678A.520 to 678A.600, inclusive, and section 6 of this act or 13
an audit, inspection or investigation, 14
is confidential and may be revealed in whole or in part only in the 15
course of the necessary administration of this title or upon the lawful 16
order of a court of competent jurisdiction. [The name of the holder 17
of an adult-use cannabis establishment license and each owner, 18
officer and board member of the licensee and information relating to 19
the scoring and ranking of applications and the imposition of 20
disciplinary action are not confidential.] 21
3. The following information and data are not confidential: 22
(a) The name of a licensee. 23
(b) The name of each owner, officer and board member of a 24
licensee. 25
(c) The name of the receiver for a cannabis establishment 26
subject to receivership. 27
(d) The physical address of a cannabis sales facility or 28
cannabis consumption lounge. 29
(e) The local governmental jurisdiction in which a cannabis 30
establishment is located. 31
(f) Information and data relating to the scoring and ranking of 32
applications for a license. 33
(g) A complaint or notice of violation served pursuant to 34
NRS 678A.520. 35
(h) A decision and order issued pursuant to NRS 678A.590 or 36
section 6 of this act. 37
(i) A consent or settlement agreement entered into pursuant to 38
NRS 678A.645. 39
(j) Information and data relating to any civil penalty paid 40
pursuant to subsection 4 of NRS 678A.520. 41
(k) A letter of warning, letter of concern or nonpunitive 42
admonishment issued pursuant to section 26 of this act. 43
4. The Board may reveal [such] information and data declared 44
confidential pursuant to subsection 2 to an authorized agent of any 45
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[agency of the United States Government, any state or any political 1
subdivision of a state or the government of any foreign country.] 2
governmental entity. If any confidential information and data is 3
provided by the Board to a governmental entity pursuant to this 4
section, the information and data remains confidential and may 5
not be provided to any other person or governmental entity. To the 6
extent practicable, any governmental entity that receives any 7
confidential information and data from the Board pursuant to this 8
section shall treat the information and data as confidential. 9
Notwithstanding any other provision of state law, [such] information 10
and data declared confidential pursuant to subsection 2 may not be 11
otherwise revealed without specific authorization by the Board 12
pursuant to the regulations of the Board. 13
[4.] 5. A person seeking an order of a court of competent 14
jurisdiction for the disclosure of information and data declared 15
confidential pursuant to subsection 2 must submit a motion in 16
writing to the court requesting the information. At least 14 days 17
before submitting the motion, the person must provide notice to 18
the Board, the Attorney General and all persons who may be 19
affected by the disclosure of the information and data. The notice 20
must: 21
(a) Include, without limitation, a copy of the motion and all 22
documents in support of the motion that are to be filed with the 23
court; and 24
(b) Be delivered in person or by certified mail to the last known 25
address of each person to whom notice must be provided. 26
6. The Board may reveal information and data declared 27
confidential pursuant to subsection 2 to the extent necessary to 28
establish a claim or defense in an action against the Board 29
brought by a licensee, registrant or applicant for a license or 30
registration card. The court may order the redaction or sealing of 31
any court records containing confidential information and data 32
revealed pursuant to this subsection to maintain the confidentiality 33
of the information and data. 34
7. All files, records, reports and other information and data 35
pertaining to matters related to cannabis in the possession of the 36
Nevada Tax Commission or the Department of Taxation must be 37
made available to the Board as is necessary to the administration of 38
this title. 39
[5.] 8. As used in this section [, “information] : 40
(a) “Governmental entity” means any agency of the United 41
States Government, any state or political subdivision of a state or 42
the government of any foreign country. 43
(b) “Information and data” means all information and data in 44
any form, including, without limitation, any oral, written, audio, 45
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visual, digital or electronic form, and the term includes, without 1
limitation, any account, book, correspondence, file, message, paper, 2
record, report or other type of document . [, including, without 3
limitation, any document containing self-evaluative assessments, 4
self-critical analysis or self-appraisals of an applicant’s or licensee’s 5
compliance with statutory or regulatory requirements.] 6
(c) “Personal information” means: 7
(1) The name, address, telephone number, electronic mail 8
address or date of birth of a person; and 9
(2) Any other information that constitutes personal 10
information as defined in NRS 603A.040. 11
Sec. 13. NRS 678A.500 is hereby amended to read as follows: 12
678A.500 1. If the Executive Director becomes aware that a 13
licensee or registrant has violated, is violating or is about to violate 14
any provision of this title or any regulation adopted pursuant thereto, 15
the Executive Director may transmit the details of the suspected 16
violation, along with any further facts or information related to the 17
violation which are known to the Executive Director, to the 18
Attorney General [.] for further investigation. 19
2. If any person other than the Executive Director becomes 20
aware that a licensee or registrant has violated, is violating or is 21
about to violate any provision of this title or any regulation adopted 22
pursuant thereto, the person may file a written complaint with the 23
Executive Director specifying the relevant facts. The Executive 24
Director shall review each such complaint and, if the Executive 25
Director finds the complaint not to be frivolous, may transmit the 26
details of the suspected violation, along with any further facts or 27
information derived from the review of the complaint to the 28
Attorney General [.] for further investigation. 29
3. The employees of the Board who are certified by the Peace 30
Officers’ Standards and Training Commission created pursuant to 31
NRS 289.500 shall cooperate with the Attorney General in the 32
performance of any criminal investigation. 33
Sec. 14. NRS 678A.510 is hereby amended to read as follows: 34
678A.510 1. If the Executive Director transmits the details of 35
a suspected violation to the Attorney General for further 36
investigation pursuant to NRS 678A.500, the Attorney General shall 37
conduct an investigation of the suspected violation to determine 38
whether it warrants proceedings for disciplinary action of the 39
licensee or registrant. If the Attorney General determines that 40
further proceedings are warranted, he or she shall report the results 41
of the investigation together with a recommendation to the 42
Executive Director in a manner which does not violate the right of 43
the person charged in the complaint to due process in any later 44
hearing on the complaint. [The Executive Director shall transmit the 45
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recommendation and other information received from the Attorney 1
General to the Board.] 2
2. The [Board] Executive Director shall promptly make a 3
determination with respect to each complaint resulting in an 4
investigation by the Attorney General. The [Board] Executive 5
Director shall: 6
(a) [Dismiss the complaint;] Decline to proceed with 7
disciplinary action; 8
(b) [Enter into] Authorize the Attorney General to attempt to 9
negotiate a consent or settlement agreement [with] to be entered 10
into between the licensee or registrant and the Board pursuant to 11
NRS 678A.645; or 12
(c) Proceed with appropriate disciplinary action in accordance 13
with NRS 678A.520 to 678A.600, inclusive, and section 6 of this 14
act, chapter 233B of NRS and the regulations adopted by the Board. 15
In determining the disciplinary action to impose the [Board] 16
Executive Director shall consider mitigating factors pursuant to 17
NRS 678A.647. 18
Sec. 15. NRS 678A.520 is hereby amended to read as follows: 19
678A.520 1. If the [Board] Executive Director proceeds with 20
disciplinary action pursuant to NRS 678A.510, [the Board or] the 21
Executive Director shall serve [a complaint] upon the respondent 22
[either personally,] : 23
(a) A complaint; or [by] 24
(b) If the alleged violation at issue is a violation that the Board 25
has determined to be appropriate for the issuance of a notice of 26
violation pursuant to the regulations adopted pursuant to NRS 27
678A.450, a notice of violation. 28
The fact that an alleged violation is a violation that the Board 29
has determined to be appropriate for the issuance of a notice of 30
violation does not prohibit the Executive Director from issuing a 31
complaint concerning the alleged violation rather than a notice of 32
violation. 33
2. A complaint or notice of violation served pursuant to 34
subsection 1 must be served upon the respondent: 35
(a) Personally; 36
(b) By registered or certified mail at the address of the 37
respondent that is on file with the Board [. Such] ; or 38
(c) If the respondent has expressly agreed to service by 39
electronic means, by electronic means. 40
3. A complaint or notice of violation served pursuant to 41
subsection 1 must: 42
(a) [Be a written statement of charges; 43
(b) Set forth in ordinary and concise language the acts or 44
omissions with which the respondent is charged; 45
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- *AB76*
(c)] Specify the statutes and regulations which the respondent is 1
alleged to have violated . [; 2
(d) Not consist merely of charges raised in the language of the 3
statutes or regulations which the respondent is alleged to have 4
violated; 5
(e)] (b) Set forth a short and plain statement of the matters 6
asserted, including, without limitation, the acts or omissions with 7
which the respondent is charged. If the Executive Director is 8
unable to state the matters in detail at the time the complaint or 9
notice of violation is served, the complaint or notice of violation 10
may be limited to a statement of the issues involved. Thereafter, 11
upon application, a more definite and detailed statement must be 12
furnished. 13
(c) If the respondent is alleged to have committed multiple 14
violations consisting of the same or a similar act, omission or course 15
of conduct, charge those violations as a single alleged violation if 16
the violations: 17
(1) Are closely related in time, place and circumstance; and 18
(2) Were all discovered in the course of a single audit, 19
inspection or investigation . [; 20
(f)] (d) Specify the penalty being sought against the respondent 21
. [; and 22
(g)] If the Executive Director serves a notice of violation, the 23
Executive Director may seek only the imposition of a civil penalty 24
in the notice of violation. 25
(e) Provide notice of the right of the respondent to request a 26
hearing. 27
[2.] 4. The [Chair of the Board] Executive Director may grant 28
an extension to respond to the complaint or notice of violation for 29
good cause. Unless granted such an extension, the respondent must , 30
[answer] within [20] 21 days after the service of the complaint [.] or 31
notice of violation: 32
(a) Answer the complaint or notice of violation in accordance 33
with subsection 5; or 34
(b) For a notice of violation, pay to the Board the civil penalty 35
being sought. If the respondent pays the civil penalty, the 36
respondent shall be deemed to not have committed the alleged 37
violation at issue for the purpose of any system of progressive 38
discipline adopted by the Board. 39
5. In the answer to a complaint or notice of violation, the 40
respondent: 41
(a) Must state in short and plain terms the defenses to each claim 42
asserted. 43
(b) Must admit or deny the facts alleged in the complaint [.] or 44
notice of violation. 45
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(c) Must state which allegations the respondent is without 1
knowledge or information to form a belief as to their truth. Such 2
allegations shall be deemed denied. 3
(d) Must affirmatively set forth any matter which constitutes an 4
avoidance or affirmative defense. 5
(e) May demand a hearing. Failure to demand a hearing 6
constitutes a waiver of the right to a hearing [and] , the right to 7
[judicial] request a review of [any] the decision or order of the 8
hearing officer by the Board [, but] and the right to judicial review 9
of any decision of the Board . [may order a hearing even if the 10
respondent so waives his or her right. 11
3.] 6. Upon receipt of an answer demanding a hearing or the 12
expiration of the time to answer the complaint or notice of 13
violation, the Executive Director shall assign the matter to a 14
hearing officer. 15
7. Failure to [answer] comply with subsection 4 or , if the 16
respondent has demanded a hearing pursuant to subsection 5, to 17
appear at the hearing constitutes an admission by the respondent of 18
all facts alleged in the complaint [.] or notice of violation. The 19
[Board] hearing officer may take action based on such an admission 20
and on other evidence without further notice to the respondent. If 21
the [Board] hearing officer takes action based on such an 22
admission, the [Board] hearing officer shall include in the record 23
which evidence was the basis for the action. 24
[4.] 8. The [Board] hearing officer shall determine the time 25
and place of the hearing as soon as is reasonably practical after 26
receiving the respondent’s answer. The [Board] hearing officer 27
shall deliver or send by registered [or] mail, certified mail or, if the 28
parties have expressly agreed to service by electronic means, by 29
electronic means a notice of hearing that complies with NRS 30
233B.121 to all parties at least 10 days before the hearing. The 31
hearing must be held within [45] 120 days after receiving the 32
respondent’s answer unless an expedited hearing is determined to be 33
appropriate by the Executive Director or the Board, in which event 34
the hearing must be held as soon as practicable. The [Chair of the 35
Board] hearing officer may grant one or more extensions to the [45-36
day] 120-day requirement pursuant to a request of a party or an 37
agreement by both parties. 38
Sec. 16. NRS 678A.530 is hereby amended to read as follows: 39
678A.530 Before a hearing , [before the Board,] and during a 40
hearing upon reasonable cause shown, the [Board] hearing officer 41
shall issue subpoenas and subpoenas duces tecum at the request of a 42
party. All witnesses appearing pursuant to subpoena, other than 43
parties, officers or employees of the State of Nevada or any political 44
subdivision thereof, are entitled to receive fees and mileage in the 45
– 17 –
- *AB76*
same amounts and under the same circumstances as provided by law 1
for witnesses in civil actions in the district courts. Witnesses entitled 2
to fees or mileage who attend hearings at points so far removed 3
from their residences as to prohibit return thereto from day to day 4
are entitled, in addition to witness fees and in lieu of mileage, to the 5
per diem compensation for subsistence and transportation authorized 6
for state officers and employees for each day of actual attendance 7
and for each day necessarily occupied in traveling to and from the 8
hearings. Fees, subsistence and transportation expenses must be paid 9
by the party at whose request the witness is subpoenaed. [The Board 10
may award as costs the amount of all such expenses to the 11
prevailing party.] 12
Sec. 17. NRS 678A.540 is hereby amended to read as follows: 13
678A.540 1. At all hearings before [the Board:] a hearing 14
officer: 15
(a) Oral evidence may be taken only upon oath or affirmation 16
administered by the [Board.] hearing officer. 17
(b) Every party has the right to: 18
(1) Call and examine witnesses; 19
(2) Introduce exhibits relevant to the issues of the case; 20
(3) Cross-examine opposing witnesses on any matters 21
relevant to the issues of the case, even though the matter was not 22
covered in a direct examination; 23
(4) Impeach any witness regardless of which party first 24
called the witness to testify; and 25
(5) Offer rebuttal evidence. 26
(c) If the respondent does not testify in his or her own behalf, 27
the respondent may be called and examined as if under cross-28
examination. 29
(d) The hearing need not be conducted according to technical 30
rules relating to evidence and witnesses, except that those prescribed 31
in NRS 233B.123 apply. Any relevant evidence that is not 32
immaterial or unduly repetitious may be admitted and is sufficient in 33
itself to support a finding if it is the sort of evidence on which 34
responsible persons are accustomed to rely in the conduct of serious 35
affairs, regardless of the existence of any common law or statutory 36
rule which might make improper the admission of such evidence 37
over objection in a civil action. 38
(e) The parties or their counsel may by written stipulation agree 39
that certain specified evidence may be admitted even though such 40
evidence might otherwise be subject to objection. 41
2. The [Board] hearing officer may take official notice of any 42
generally accepted information or technical or scientific matter 43
within the field of cannabis, and of any other fact which may be 44
judicially noticed by the courts of this State. The parties must be 45
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- *AB76*
informed of any information, matters or facts so noticed, and must 1
be given a reasonable opportunity, on request, to refute such 2
information, matters or facts by evidence or by written or oral 3
presentation of authorities, the manner of such refutation to be 4
determined by the [Board.] hearing officer. 5
3. Affidavits may be received in evidence at any hearing [of 6
the Board] before a hearing officer in accordance with the 7
following: 8
(a) The party wishing to use an affidavit must, not less than 10 9
days before the day set for hearing, serve upon the opposing party or 10
counsel, either personally or by registered or certified mail, a copy 11
of the affidavit which the party proposes to introduce in evidence 12
together with a notice as provided in paragraph (c). 13
(b) Unless the opposing party, within 7 days after such service, 14
mails or delivers to the proponent a request to cross-examine the 15
affiant, the opposing party’s right to cross-examine the affiant is 16
waived and the affidavit, if introduced in evidence, must be given 17
the same effect as if the affiant had testified orally. If an opportunity 18
to cross-examine an affiant is not afforded after request therefor is 19
made in accordance with this paragraph, the affidavit may be 20
introduced in evidence, but must be given only the same effect as 21
other hearsay evidence. 22
(c) The notice referred to in paragraph (a) must be substantially 23
in the following form: 24
25
The accompanying affidavit of (here insert name of 26
affiant) will be introduced as evidence at the hearing set for 27
the ........ day of the month of ………. of the year …… (Here 28
insert name of affiant) will not be called to testify orally and 29
you will not be entitled to question (here insert name of 30
affiant) unless you notify the undersigned that you wish to 31
cross-examine (here insert name of affiant). To be effective 32
your request must be mailed or delivered to the undersigned 33
on or before 7 days from the date this notice and the enclosed 34
affidavit are served upon you. 35
36
................................................................ 37
(Party or Counsel) 38
................................................................ 39
(Address) 40
Sec. 18. NRS 678A.550 is hereby amended to read as follows: 41
678A.550 [The following procedures apply at] At all hearings 42
[of the Board: 43
1. At least three members of the Board shall be present at every 44
hearing, and they shall exercise all powers relating to the conduct 45
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- *AB76*
of] before a hearing officer, the hearing [and shall enforce all 1
decisions with respect thereto. 2
2. The proceedings] officer shall cause an audio recording to 3
be made of all oral proceedings at the hearing . The audio 4
recording must be [reported either stenographically or by a 5
phonographic reporter.] transcribed upon the request of any party. 6
The party making the request shall pay all the costs for the 7
transcription. 8
Sec. 19. NRS 678A.570 is hereby amended to read as follows: 9
678A.570 [The Board] A hearing officer may, before 10
submission of the case for decision, permit the filing of amended or 11
supplemental pleadings and shall notify all parties thereof, and 12
provide a reasonable opportunity for objections thereto. 13
Sec. 20. NRS 678A.580 is hereby amended to read as follows: 14
678A.580 If any person in proceedings before [the Board] a 15
hearing officer disobeys or resists any lawful order or refuses to 16
respond to a subpoena, or refuses to take the oath or affirmation as a 17
witness or thereafter refuses to be examined, or is guilty of 18
misconduct during the hearing or so near the place thereof as to 19
obstruct the proceeding, the hearing officer or the Board may 20
certify the facts to the district court in and for the county where the 21
proceedings are held. The court shall thereupon issue an order 22
directing the person to appear before the court and show cause why 23
the person should not be punished as for contempt. The court order 24
and a copy of the statement of the hearing officer or the Board must 25
be served on the person cited to appear. Thereafter the court has 26
jurisdiction of the matter, and the same proceedings must be had, the 27
same penalties may be imposed and the person charged may purge 28
himself or herself of the contempt in the same way as in the case of 29
a person who has committed a contempt in the trial of a civil action 30
before a district court. 31
Sec. 21. NRS 678A.590 is hereby amended to read as follows: 32
678A.590 1. Within 60 days after the hearing of a contested 33
matter, the [Board] hearing officer shall render a written decision 34
on the merits. Except as otherwise provided in subsection 5 of NRS 35
233B.121, the written decision must contain findings of fact and 36
conclusions of law which are separately stated, a determination of 37
the issues presented and the penalty to be imposed, if any. If the 38
[Board] hearing officer determines that the licensee or registrant 39
has violated any provision of this title or any regulation adopted 40
pursuant thereto, the written decision must set forth the 41
determination of the [Board] hearing officer as to whether any of 42
the mitigating circumstances required to be considered by the 43
[Board] hearing officer pursuant to NRS 678A.600 exist and, if so, 44
the weight given to each mitigating circumstance in determining the 45
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appropriate action to be taken pursuant to that section. The [Board] 1
hearing officer shall thereafter make and enter [its] a written order 2
in conformity to [its] the decision. [No member of the Board who 3
did not hear the evidence may vote on the decision. The affirmative 4
votes of a majority of the whole Board are required to impose any 5
penalty.] Copies of the decision and order must be served on the 6
parties personally or sent to them by [registered or] certified mail. 7
The decision is effective upon such service . [, unless the Board 8
orders otherwise.] 9
2. The [Board] hearing officer may, upon motion made within 10
15 days after service of a decision and order, order a rehearing 11
before the [Board] hearing officer upon such terms and conditions 12
as it may deem just and proper if a [petition for judicial] review of 13
the decision [and order] has not been [filed.] initiated pursuant to 14
section 6 of this act. The motion must not be granted except upon a 15
showing that there is additional evidence which is material and 16
necessary and reasonably calculated to change the decision of the 17
[Board,] hearing officer, and that sufficient reason existed for 18
failure to present the evidence at the hearing [of] before the [Board.] 19
hearing officer. The motion must be supported by an affidavit of 20
the moving party or his or her counsel showing with particularity the 21
materiality and necessity of the additional evidence and the reason 22
why it was not introduced at the hearing. Upon rehearing, rebuttal 23
evidence to the additional evidence must be permitted. After 24
rehearing, the [Board] hearing officer may modify [its] his or her 25
decision and order as the additional evidence may warrant. 26
Sec. 22. NRS 678A.600 is hereby amended to read as follows: 27
678A.600 1. If the [Board] hearing officer finds that a 28
licensee or registrant has violated a provision of this title or any 29
regulation adopted pursuant thereto, the [Board] hearing officer 30
may: 31
(a) Limit, condition, suspend or revoke the license or 32
registration card of the licensee or registrant; 33
(b) Impose a civil penalty in an amount established by 34
regulation, not to exceed $20,000 for a single violation; 35
(c) Take any combination of the actions authorized by 36
paragraphs (a) and (b); 37
(d) Issue a warning to the licensee or registrant; or 38
(e) Take no action against the licensee or registrant. 39
2. In determining the appropriate action to be taken against a 40
licensee or registrant pursuant to this section, including, without 41
limitation, the amount of any civil penalty imposed, the [Board] 42
hearing officer shall consider whether any of the mitigating 43
circumstances set forth in NRS 678A.647 exist. 44
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Sec. 23. NRS 678A.610 is hereby amended to read as follows: 1
678A.610 Any person aggrieved by a final decision or order of 2
the Board made [after hearing or rehearing by the Board pursuant to 3
NRS 678A.520 to 678A.600, inclusive, and whether or not a motion 4
for rehearing was filed,] pursuant to section 6 of this act is entitled 5
to judicial review of the decision or order in the manner provided by 6
chapter 233B of NRS. 7
Sec. 24. NRS 678A.647 is hereby amended to read as follows: 8
678A.647 1. A violation of any provision of this title or any 9
regulation adopted pursuant thereto may be mitigated by any of the 10
following circumstances: 11
(a) The licensee or registrant self-reported the violation to the 12
Board or an agent of the Board. 13
(b) For a violation committed by a licensee, the licensee has: 14
(1) Submitted to the Board a plan to correct the violation 15
which has been approved by the Board or deemed approved 16
pursuant to subsection 2; and 17
(2) Taken action to correct the violation. 18
(c) The licensee or registrant has made a good faith effort to 19
prevent violations from occurring, including, without limitation, by: 20
(1) Providing regular training to the employees of the 21
licensee or registrant which has been documented and which was 22
provided before the commencement of an investigation by the 23
[Board] Executive Director concerning the violation [;] pursuant to 24
NRS 678A.500; or 25
(2) Establishing, before the commencement of an 26
investigation by the [Board] Executive Director concerning the 27
violation [,] pursuant to NRS 678A.500, standard operating 28
procedures that include procedures which directly address the 29
conduct constituting the violation. 30
(d) The licensee or registrant has cooperated in the investigation 31
of the violation in such a manner as to demonstrate that the licensee 32
or registrant accepts responsibility for the violation. 33
(e) Any other mitigating circumstance established by the Board 34
by regulation exists. 35
2. For the purposes of subparagraph (1) of paragraph (b) of 36
subsection 1, if a licensee has submitted a plan to correct a violation 37
and the Board does not take action to approve or reject the plan 38
within 30 days after the date on which the plan was submitted, the 39
plan shall be deemed to be approved by the appropriate agent of the 40
Board. 41
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Sec. 25. Chapter 678B of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 26 to 30, inclusive, of this 2
act. 3
Sec. 26. 1. If the Board, the Executive Director or a 4
designee of the Executive Director has reason to believe that a 5
licensee or registrant has violated or is violating any provision of 6
this title or the regulations adopted pursuant thereto, the Board, 7
Executive Director or designee may issue to the person a letter of 8
warning, a letter of concern or a nonpunitive admonishment at 9
any time before the Executive Director has initiated any 10
disciplinary proceedings against the person. 11
2. The issuance of such a letter or admonishment: 12
(a) Does not preclude the Executive Director from initiating 13
any disciplinary proceedings against the person or taking any 14
disciplinary action against the person based on any conduct 15
alleged or described in the letter or admonishment or any other 16
conduct; and 17
(b) Does not constitute a final decision of the Board and is not 18
subject to judicial review. 19
Sec. 27. 1. Each cannabis establishment, in consultation 20
with the Board, shall maintain an inventory control system. 21
2. The inventory control system required pursuant to 22
subsection 1 must be able to monitor and report information, 23
including, without limitation: 24
(a) Insofar as is practicable, the chain of custody and current 25
whereabouts, in real time, of cannabis from the point of 26
acquisition at a cannabis cultivation facility until it is sold at a 27
cannabis establishment; 28
(b) The name of each person or cannabis establishment, or 29
both, to which the cannabis establishment sold cannabis; 30
(c) The date on which the cannabis was sold and the quantity 31
of any cannabis products sold, measured both by weight and 32
potency; and 33
(d) Such other information as the Board may require. 34
3. Nothing in this section prohibits more than one cannabis 35
establishment from co-owning an inventory control system in 36
cooperation with other cannabis establishments or sharing the 37
information obtained therefrom. 38
4. A cannabis establishment shall exercise reasonable care to 39
ensure that the personal identifying information of persons which 40
is contained in an inventory control system is encrypted, protected 41
and not divulged for any purpose not specifically authorized by 42
law. 43
Sec. 28. 1. Except as otherwise provided in this section, a 44
cannabis establishment shall not transport cannabis or cannabis 45
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products to another cannabis establishment or between the 1
buildings of a cannabis establishment unless the cannabis 2
establishment holds an adult-use cannabis establishment license 3
for an adult-use cannabis distributor. 4
2. An adult-use cannabis establishment that holds an adult-5
use cannabis establishment license for an adult-use cannabis 6
retail store and an adult-use cannabis establishment license for a 7
retail cannabis consumption lounge that is attached or 8
immediately adjacent to the adult-use cannabis retail store may 9
transport cannabis and cannabis products between the adult-use 10
cannabis retail store and the retail cannabis consumption lounge. 11
Sec. 29. 1. The Board shall adopt regulations establishing: 12
(a) Procedures pursuant to which a cannabis establishment 13
must immediately discontinue operations and notify the Board 14
upon becoming aware that a condition constituting a substantial 15
hazard to the public health exists at the cannabis establishment. 16
Such procedures must not require a cannabis establishment at 17
which a substantial hazard to the public health exists to 18
discontinue operations if the hazard affects a discrete area of the 19
cannabis establishment and the Board has approved a plan to 20
allow the cannabis establishment to continue operations in the 21
areas of the cannabis establishment unaffected by the hazard. 22
(b) Procedures and requirements for a cannabis establishment 23
to resume operations after a substantial hazard to the public 24
health has been found to exist at the cannabis establishment. 25
2. As used in this section, “substantial hazard to the public 26
health” means any of the following: 27
(a) A fire or flood. 28
(b) Interruption of electrical or water service. 29
(c) Sewage backup. 30
(d) The misuse of poisonous or toxic materials. 31
(e) The onset of an apparent food-borne illness outbreak. 32
(f) A gross insanitary occurrence or condition. 33
(g) Any other occurrence or condition that may endanger the 34
public health. 35
Sec. 30. 1. Whenever an agent of the Board finds a 36
condition in the operation of a cannabis establishment which 37
constitutes a substantial hazard to the public health as defined in 38
section 29 of this act, the agent may, without warning, notice or 39
hearing, issue a written order to the licensee citing the condition, 40
specifying the corrective action to be taken and specifying the time 41
within which the action must be taken. Except as otherwise 42
provided in subsection 3, the order may state that the license of the 43
cannabis establishment is immediately suspended and all 44
operations must be immediately discontinued. Any person to 45
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- *AB76*
whom such an order is issued shall comply with it immediately. 1
Upon written petition to the Board, the person must be afforded a 2
hearing as soon as possible, but not later than 45 days after the 3
date on which the order was issued unless the Board and the 4
licensee agree in writing to a longer period. 5
2. Any licensee whose license has been suspended pursuant 6
to subsection 1 may, at any time, make an application for a 7
reinspection for reinstatement of the license. Within 10 days 8
following receipt of a written request, including a statement signed 9
by the applicant that in the opinion of the applicant the conditions 10
causing the suspension of the license have been corrected, the 11
Board shall make a reinspection. If the applicant is complying 12
with all applicable requirements of this title and the regulations 13
adopted pursuant thereto, the license must be reinstated. 14
3. An order issued by an agent of the Board pursuant to 15
subsection 1 must not order the immediate suspension of the 16
license for the cannabis establishment and the immediate 17
discontinuance of the operations of the cannabis establishment if 18
the Board has approved the continued operation of the cannabis 19
establishment or, while the agent of the Board is on the premises 20
of the cannabis establishment: 21
(a) The condition is immediately corrected; or 22
(b) The licensee presents to the agent of the Board a plan for 23
the continued operation of the cannabis establishment and the 24
agent of the Board approves the plan. 25
Sec. 31. NRS 678B.060 is hereby amended to read as follows: 26
678B.060 “Inventory control system” means a process, device 27
or other contrivance that may be used to monitor the chain of 28
custody of cannabis from the point of [cultivation] acquisition to the 29
end consumer. 30
Sec. 32. NRS 678B.210 is hereby amended to read as follows: 31
678B.210 1. A person shall not engage in the business of a 32
medical cannabis establishment unless the person holds a medical 33
cannabis establishment license issued by the Board pursuant to this 34
section. 35
2. A person who wishes to engage in the business of a medical 36
cannabis establishment must submit to the Board an application on a 37
form prescribed by the Board. 38
3. Except as otherwise provided in NRS 678B.215 to 39
678B.240, inclusive, not later than 90 days after receiving an 40
application to engage in the business of a medical cannabis 41
establishment, the Board shall register the medical cannabis 42
establishment and issue a medical cannabis establishment license 43
and a random 20-digit alphanumeric identification number if: 44
– 25 –
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(a) The person who wishes to operate the proposed medical 1
cannabis establishment has submitted to the Board all of the 2
following: 3
(1) The application fee, as set forth in NRS 678B.390; 4
(2) An application, which must include: 5
(I) The legal name of the proposed medical cannabis 6
establishment; 7
(II) The physical address where the proposed medical 8
cannabis establishment will be located and the physical address of 9
any co-owned additional or otherwise associated medical cannabis 10
establishments, the locations of which may not be on the property of 11
an airport, within 1,000 feet of a public or private school that 12
provides formal education traditionally associated with preschool or 13
kindergarten through grade 12 and that existed on the date on which 14
the application for the proposed medical cannabis establishment was 15
submitted to the Board, within 300 feet of a community facility that 16
existed on the date on which the application for the proposed 17
medical cannabis establishment was submitted to the Board or, if the 18
proposed medical cannabis establishment will be located in a county 19
whose population is 100,000 or more, within 1,500 feet of an 20
establishment that holds a nonrestricted gaming license described in 21
subsection 1 or 2 of NRS 463.0177 and that existed on the date on 22
which the application for the proposed medical cannabis 23
establishment was submitted to the Board; 24
(III) Evidence that the applicant controls not less than 25
$250,000 in liquid assets to cover the initial expenses of opening the 26
proposed medical cannabis establishment and complying with the 27
provisions of this title; 28
(IV) Evidence that the applicant owns the property on 29
which the proposed medical cannabis establishment will be located 30
or has the written permission of the property owner to operate the 31
proposed medical cannabis establishment on that property; 32
(V) For the applicant and each person who is proposed to 33
be an owner, officer or board member of the proposed medical 34
cannabis establishment, a complete set of the person’s fingerprints 35
and written permission of the person authorizing the Board to 36
forward the fingerprints to the Central Repository for Nevada 37
Records of Criminal History for submission to the Federal Bureau 38
of Investigation for its report; and 39
(VI) The name, address and date of birth of each person 40
who is proposed to be an owner, officer or board member of the 41
proposed medical cannabis establishment; 42
(3) Operating procedures consistent with rules of the Board 43
for oversight of the proposed medical cannabis establishment, 44
including, without limitation: 45
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(I) Procedures to ensure the use of adequate security 1
measures; and 2
(II) The use of an electronic verification and 3
authentication system and an inventory control system pursuant to 4
NRS 678C.420 and [678C.430;] section 27 of this act; 5
(4) If the proposed medical cannabis establishment will sell 6
or deliver medical cannabis products, proposed operating 7
procedures for handling such products which must be preapproved 8
by the Board; 9
(5) If the city or county in which the proposed medical 10
cannabis establishment will be located has enacted zoning 11
restrictions, proof that the proposed location is in compliance with 12
those restrictions and satisfies all applicable building requirements; 13
and 14
(6) Such other information as the Board may require by 15
regulation; 16
(b) Except as otherwise provided in NRS 678B.633, none of the 17
persons who are proposed to be owners, officers or board members 18
of the proposed medical cannabis establishment have been 19
convicted of an excluded felony offense; 20
(c) None of the persons who are proposed to be owners, officers 21
or board members of the proposed medical cannabis establishment 22
have: 23
(1) Served as an owner, officer or board member for a 24
cannabis establishment that has had its medical cannabis 25
establishment license or adult-use cannabis establishment license 26
revoked; 27
(2) Previously had a cannabis establishment agent 28
registration card revoked; 29
(3) Previously had a cannabis establishment agent 30
registration card for a cannabis executive revoked; or 31
(4) Previously had a cannabis establishment agent 32
registration card for a cannabis receiver revoked; and 33
(d) None of the persons who are proposed to be owners, officers 34
or board members of the proposed medical cannabis establishment 35
are under 21 years of age. 36
4. For each person who submits an application pursuant to this 37
section, and each person who is proposed to be an owner, officer or 38
board member of a proposed medical cannabis establishment, the 39
Board shall submit the fingerprints of the person to the Central 40
Repository for Nevada Records of Criminal History for submission 41
to the Federal Bureau of Investigation to determine the criminal 42
history of that person. 43
5. Except as otherwise provided in subsection 6 and NRS 44
678B.215, if an application for registration as a medical cannabis 45
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establishment satisfies the requirements of this section, is qualified 1
in the determination of the Board pursuant to NRS 678B.200 and 2
the establishment is not disqualified from being registered as a 3
medical cannabis establishment pursuant to this section or other 4
applicable law, the Board shall issue to the establishment a medical 5
cannabis establishment license. A medical cannabis establishment 6
license expires 1 year after the date of issuance and may be renewed 7
upon: 8
(a) Submission of the information required by the Board by 9
regulation; and 10
(b) Payment of the renewal fee set forth in NRS 678B.390. 11
6. In determining whether to issue a medical cannabis 12
establishment license pursuant to this section, the Board shall 13
consider the criteria of merit set forth in NRS 678B.240. 14
7. For the purposes of sub-subparagraph (II) of subparagraph 15
(2) of paragraph (a) of subsection 3, the distance must be measured 16
from the front door of the proposed medical cannabis establishment 17
to the closest point of the property line of a school, community 18
facility or gaming establishment. 19
8. As used in this section [, “community] : 20
(a) “Community facility” means: 21
[(a)] (1) A [facility that provides day care to children.] 22
licensed child care facility, as defined in NRS 432A.024. 23
[(b)] (2) A public park. 24
[(c)] (3) A playground [.] , as defined in NRS 453.3345. 25
[(d)] (4) A public swimming pool [.] , as defined in 26
NRS 444.065. 27
[(e)] (5) A [center or facility, the primary purpose of which 28
is to provide] recreational [opportunities or services to children or 29
adolescents.] center for youths. 30
[(f)] (6) A [church, synagogue or other building, structure or 31
place used for] video arcade, as defined in NRS 453.3345. 32
(7) A place of religious worship . [or other religious 33
purpose.] 34
(b) “Place of religious worship” means a church, synagogue 35
or other building or structure that is owned and operated by a 36
church, an integrated auxiliary of a church or a convention or 37
association of churches that is exempt for taxation pursuant to 38
section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 39
501(c)(3), and exempt from filing an annual return pursuant to 40
section 6033 of the Internal Revenue Code, 26 U.S.C. § 6033. The 41
term does not include any building, structure or other place that is 42
owned and operated by an organization that is listed on the most 43
recent version of the Automatic Revocation of Exemption List 44
published by the Internal Revenue Service, regardless of whether 45
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the organization identifies as a church, an integrated auxiliary of 1
a church or a convention or association of churches. 2
(c) “Private school” has the meaning ascribed to it in 3
NRS 394.103. 4
(d) “Public school” has the meaning ascribed to it in 5
NRS 385.007. 6
(e) “Recreational center for youths” means a recreational 7
facility or gymnasium which regularly provides athletic, civic or 8
cultural activities in which more than 75 percent of the 9
participants are persons who are less than 18 years of age. 10
Sec. 33. NRS 678B.215 is hereby amended to read as follows: 11
678B.215 1. Except as otherwise provided in this section, the 12
Board shall not, on or after January 1, 2024, issue any additional 13
medical cannabis establishment licenses or renew a medical 14
cannabis establishment license pursuant to NRS 678B.210. 15
2. The Board may, on or after January 1, 2024: 16
(a) Issue a medical cannabis establishment license to an 17
applicant pursuant to NRS 678B.210 if the proposed medical 18
cannabis establishment will be located in a local governmental 19
jurisdiction that is a covered jurisdiction. 20
(b) Renew the medical cannabis establishment license of a 21
medical cannabis establishment pursuant to NRS 678B.210 so long 22
as the local governmental jurisdiction in which the medical cannabis 23
establishment is located is a covered jurisdiction. 24
3. If a local governmental jurisdiction that is a covered 25
jurisdiction ceases to be a covered jurisdiction, a person who holds a 26
medical cannabis establishment license for a medical cannabis 27
establishment located in the local governmental jurisdiction may, 28
upon expiration of the license, submit an application to the Board 29
for the issuance of an adult-use cannabis establishment license of 30
the same type. 31
4. An application submitted pursuant to subsection 3 must: 32
(a) Contain the same information as required for the renewal of 33
a medical cannabis establishment license pursuant to NRS 34
678B.210; and 35
(b) Be accompanied by a fee in an amount that is equal to the 36
fee for the renewal of an adult-use cannabis establishment license of 37
the same type as that of the medical cannabis establishment license 38
which has expired, as set forth in NRS 678B.390. 39
5. If the Board determines that the applicant would have been 40
eligible to renew the medical cannabis establishment license which 41
has expired, the Board shall issue to the applicant an adult-use 42
cannabis establishment license of the same type. 43
6. Except as otherwise provided in subsection 7, an adult-use 44
cannabis establishment license issued by the Board pursuant to this 45
– 29 –
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section shall be deemed to be an adult-use cannabis establishment 1
license issued by the Board pursuant to NRS 678B.250. 2
7. An adult-use cannabis establishment license issued by the 3
Board pursuant to this section shall be deemed to be a medical 4
cannabis establishment license of the same type for the purposes of 5
NRS 678B.220, 678B.230, 678B.260 and 678B.270. 6
8. As used in this section [: 7
(a) “Covered] , “covered jurisdiction” means a local 8
governmental jurisdiction that has adopted local cannabis control 9
measures which prohibit the operation of adult-use cannabis 10
establishments in the local governmental jurisdiction. 11
[(b) “Local governmental jurisdiction” means a city or 12
unincorporated area within a county.] 13
Sec. 34. NRS 678B.230 is hereby amended to read as follows: 14
678B.230 1. Except as otherwise provided in this subsection, 15
in a county whose population is 100,000 or more, the Board shall 16
ensure that not more than 25 percent of the total number of medical 17
cannabis dispensaries that may be licensed in the county, as set forth 18
in NRS 678B.220, are located in any one local governmental 19
jurisdiction within the county. The Board may increase the 20
percentage described in this subsection upon the request of the 21
board of county commissioners of the county. The Board shall adopt 22
regulations setting forth the requirements for granting such a 23
request. 24
2. To prevent monopolistic practices, the Board shall ensure, in 25
a county whose population is 100,000 or more, that it does not issue, 26
to any one person, group of persons or entity, the greater of: 27
(a) One medical cannabis establishment license; or 28
(b) More than 10 percent of the medical cannabis establishment 29
licenses otherwise allocable in the county. 30
[3. As used in this section, “local governmental jurisdiction” 31
means a city or unincorporated area within a county.] 32
Sec. 35. NRS 678B.250 is hereby amended to read as follows: 33
678B.250 1. A person shall not engage in the business of an 34
adult-use cannabis establishment unless the person holds an adult-35
use cannabis establishment license issued pursuant to this section. 36
2. A person who wishes to engage in the business of an adult-37
use cannabis establishment must submit to the Board an application 38
on a form prescribed by the Board. 39
3. Except as otherwise provided in NRS 678B.260, 678B.270, 40
678B.280, 678B.322 and 678B.324 to 678B.328, inclusive, the 41
Board shall issue an adult-use cannabis establishment license to an 42
applicant if: 43
– 30 –
- *AB76*
(a) The person who wishes to operate the proposed adult-use 1
cannabis establishment has submitted to the Board all of the 2
following: 3
(1) The application fee, as set forth in NRS 678B.390; 4
(2) An application, which must include: 5
(I) The legal name of the proposed adult-use cannabis 6
establishment; 7
(II) The physical address where the proposed adult-use 8
cannabis establishment will be located and the physical address of 9
any co-owned additional or otherwise associated adult-use cannabis 10
establishments, the locations of which may not be on the property of 11
an airport, within 1,000 feet of a public or private school that 12
provides formal education traditionally associated with preschool or 13
kindergarten through grade 12 and that existed on the date on which 14
the application for the proposed adult-use cannabis establishment 15
was submitted to the Board, within 300 feet of a community facility 16
that existed on the date on which the application for the proposed 17
adult-use cannabis establishment was submitted to the Board or, if 18
the proposed adult-use cannabis establishment will be located in a 19
county whose population is 100,000 or more, within 1,500 feet of an 20
establishment that holds a nonrestricted gaming license described in 21
subsection 1 or 2 of NRS 463.0177 and that existed on the date on 22
which the application for the proposed adult-use cannabis 23
establishment was submitted to the Board; 24
(III) Evidence that the applicant controls liquid assets in 25
an amount determined by the Board to be sufficient to cover the 26
initial expenses of opening the proposed adult-use cannabis 27
establishment and complying with the provisions of this title; 28
(IV) Evidence that the applicant owns the property on 29
which the proposed adult-use cannabis establishment will be located 30
or has the written permission of the property owner to operate the 31
proposed adult-use cannabis establishment on that property; 32
(V) For the applicant and each person who is proposed to 33
be an owner, officer or board member of the proposed adult-use 34
cannabis establishment, a complete set of the person’s fingerprints 35
and written permission of the person authorizing the Board to 36
forward the fingerprints to the Central Repository for Nevada 37
Records of Criminal History for submission to the Federal Bureau 38
of Investigation for its report; and 39
(VI) The name, address and date of birth of each person 40
who is proposed to be an owner, officer or board member of the 41
proposed adult-use cannabis establishment; 42
(3) Operating procedures consistent with rules of the Board 43
for oversight of the proposed adult-use cannabis establishment, 44
including, without limitation: 45
– 31 –
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(I) Procedures to ensure the use of adequate security 1
measures; and 2
(II) The use of an inventory control system [;] pursuant 3
to section 27 of this act; 4
(4) If the proposed adult-use cannabis establishment will sell 5
or deliver adult-use cannabis products, proposed operating 6
procedures for handling such products which must be preapproved 7
by the Board; and 8
(5) Such other information as the Board may require by 9
regulation; 10
(b) Except as otherwise provided in NRS 678B.633, none of the 11
persons who are proposed to be owners, officers or board members 12
of the proposed adult-use cannabis establishment have been 13
convicted of an excluded felony offense; 14
(c) None of the persons who are proposed to be owners, officers 15
or board members of the proposed adult-use cannabis establishment 16
have: 17
(1) Served as an owner, officer or board member for a 18
cannabis establishment that has had its adult-use cannabis 19
establishment license or medical cannabis establishment license 20
revoked; 21
(2) Previously had a cannabis establishment agent 22
registration card revoked; 23
(3) Previously had a cannabis establishment agent 24
registration card for a cannabis executive revoked; or 25
(4) Previously had a cannabis establishment agent 26
registration card for a cannabis receiver revoked; and 27
(d) None of the persons who are proposed to be owners, officers 28
or board members of the proposed adult-use cannabis establishment 29
are under 21 years of age. 30
4. For each person who submits an application pursuant to this 31
section, and each person who is proposed to be an owner, officer or 32
board member of a proposed adult-use cannabis establishment, the 33
Board shall submit the fingerprints of the person to the Central 34
Repository for Nevada Records of Criminal History for submission 35
to the Federal Bureau of Investigation to determine the criminal 36
history of that person. 37
5. Except as otherwise provided in subsection 6, if an applicant 38
for licensure to operate an adult-use cannabis establishment satisfies 39
the requirements of this section, is qualified in the determination of 40
the Board pursuant to NRS 678B.200 and is not disqualified from 41
being licensed pursuant to this section or other applicable law, the 42
Board shall issue to the applicant an adult-use cannabis 43
establishment license. An adult-use cannabis establishment license 44
expires 1 year after the date of issuance and may be renewed upon: 45
– 32 –
- *AB76*
(a) Submission of the information required by the Board by 1
regulation; and 2
(b) Payment of the renewal fee set forth in NRS 678B.390. 3
6. In determining whether to issue an adult-use cannabis 4
license pursuant to this section, the Board shall consider the criteria 5
of merit and scoring guidelines set forth in NRS 678B.280 or 6
678B.324, as applicable. 7
7. For the purposes of sub-subparagraph (II) of subparagraph 8
(2) of paragraph (a) of subsection 3, the distance must be measured 9
from the front door of the proposed adult-use cannabis 10
establishment to the closest point of the property line of a school, 11
community facility or gaming establishment. 12
8. As used in this section [, “community] : 13
(a) “Community facility” [means: 14
(a) A facility that provides day care to children. 15
(b) A public park. 16
(c) A playground. 17
(d) A public swimming pool. 18
(e) A center or facility, the primary purpose of which is to 19
provide recreational opportunities or services to children or 20
adolescents. 21
(f) A church, synagogue or other building, structure or place 22
used for religious worship or other religious purpose.] has the 23
meaning ascribed to it in NRS 678B.210. 24
(b) “Private school” has the meaning ascribed to it in 25
NRS 394.103. 26
(c) “Public school” has the meaning ascribed to it in 27
NRS 385.007. 28
Sec. 36. NRS 678B.290 is hereby amended to read as follows: 29
678B.290 1. The Board shall establish standards for [and 30
certify one or more] cannabis independent testing laboratories to: 31
(a) Test cannabis for adult use and adult-use cannabis products 32
that are to be sold in this State; 33
(b) Test cannabis for medical use and medical cannabis products 34
that are to be sold in this State; and 35
(c) In addition to the testing described in paragraph (a) or (b), 36
test commodities or products containing hemp, as defined in NRS 37
557.160, or cannabidiol which are intended for human or animal 38
consumption and sold by a cannabis establishment or a person 39
described in NRS 446.844. 40
2. Such a cannabis independent testing laboratory must be able 41
to: 42
(a) Determine accurately, with respect to cannabis or cannabis 43
products that are sold or will be sold at cannabis sales facilities in 44
this State: 45
– 33 –
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(1) The concentration therein of THC and cannabidiol. 1
(2) The presence and identification of microbes, molds and 2
fungi. 3
(3) The composition of the tested material. 4
(4) The presence of chemicals in the tested material, 5
including, without limitation, pesticides, heavy metals, herbicides or 6
growth regulators. 7
(5) The presence of any other substance, chemical, material 8
or organism required by the Board by regulation. 9
(b) Demonstrate the validity and accuracy of the methods used 10
by the cannabis independent testing laboratory to test cannabis and 11
cannabis products. 12
3. To obtain a license to operate a cannabis independent testing 13
laboratory, an applicant must: 14
(a) Apply successfully as required pursuant to NRS 678B.210 or 15
678B.250, as applicable. 16
(b) Pay the fees required pursuant to NRS 678B.390. 17
(c) [Agree to] Satisfy any other requirements established by the 18
Board by regulation. 19
4. A cannabis independent testing laboratory shall, not more 20
than 1 year after the date on which the cannabis independent 21
testing laboratory is issued a license by the Board pursuant to 22
NRS 678B.210 or 678B.250, become accredited pursuant to 23
standard ISO/IEC 17025 of the International Organization for 24
Standardization [within 1 year after licensure] by an impartial 25
organization that operates in accordance with standard ISO/IEC 26
17011 of the International Organization for Standardization and is a 27
signatory to the Mutual Recognition Arrangement of the 28
International Laboratory Accreditation Cooperation. 29
5. The Board may adopt regulations establishing standards 30
and procedures for the operation of a cannabis independent 31
testing laboratory, including, without limitation, regulations 32
setting forth requirements concerning: 33
(a) The construction or layout of a building used for testing 34
cannabis and cannabis products; 35
(b) The procedures, process, equipment, instruments, materials 36
or supplies used for testing cannabis and cannabis products; 37
(c) Safety procedures to ensure that cannabis and cannabis 38
products are protected from contamination from physical, 39
chemical or biological hazardous materials; and 40
(d) The creation and retention of records by a cannabis 41
independent testing laboratory, including, without limitation, 42
records related to the finances of the cannabis independent testing 43
laboratory and testing performed by the cannabis independent 44
testing laboratory. 45
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Sec. 37. NRS 678B.320 is hereby amended to read as follows: 1
678B.320 1. In a local governmental jurisdiction that issues 2
business licenses, the issuance by the Board of a license shall be 3
deemed to be conditional until such time as: 4
(a) The cannabis establishment is in compliance with all 5
applicable local governmental ordinances or rules; [and] 6
(b) The local government has issued a business license for the 7
operation of the cannabis establishment [.] ; and 8
(c) The cannabis establishment satisfies an inspection 9
conducted by the Board. 10
2. The Board shall adopt regulations: 11
(a) Requiring the surrender of a conditional license if a cannabis 12
establishment does not satisfy the requirements of subsection 1 13
within a period of time determined by the Board; and 14
(b) Authorizing a cannabis establishment to request an extension 15
of the period of time established pursuant to paragraph (a) as a result 16
of factors outside of the control of the cannabis establishment that 17
cause a delay in satisfying the requirements of subsection 1. 18
[3. As used in this section, “local governmental jurisdiction” 19
means a city or unincorporated area within a county.] 20
Sec. 38. NRS 678B.327 is hereby amended to read as follows: 21
678B.327 1. The Board shall, for each local governmental 22
jurisdiction that limits the number of business licenses which may 23
be issued to cannabis consumption lounges, determine the number 24
of licenses allocated to the jurisdiction for retail cannabis 25
consumption lounges and independent cannabis consumption 26
lounges. 27
2. Not more than 50 percent of the licenses allocated by the 28
Board pursuant to subsection 1 may be issued to retail cannabis 29
consumption lounges. 30
3. Except as otherwise provided in this subsection, at least 50 31
percent of the licenses allocated to a local governmental jurisdiction 32
pursuant to subsection 1 must be issued to independent cannabis 33
consumption lounges. At least 50 percent of the licenses issued to 34
independent cannabis consumption lounges must be issued to social 35
equity applicants. If there are an insufficient number of social equity 36
applicants to distribute licenses in that manner, the local 37
governmental jurisdiction shall issue business licenses to all 38
qualified social equity applicants and hold the remaining business 39
licenses in reserve for future issuance to social equity applicants. 40
4. If the number of qualified applicants in a local governmental 41
jurisdiction exceeds the number of licenses allocated to that 42
jurisdiction pursuant to subsection 1, the Board shall issue adult-use 43
cannabis establishment licenses for retail cannabis consumption 44
lounges and independent cannabis consumption lounges in the local 45
– 35 –
- *AB76*
governmental jurisdiction to qualified applicants who are not social 1
equity applicants using a separate lottery system for each type of 2
license. 3
[5. As used in this section, “local governmental jurisdiction” 4
means a city or unincorporated area within a county.] 5
Sec. 39. NRS 678B.510 is hereby amended to read as follows: 6
678B.510 1. The operating documents of a cannabis 7
establishment must include procedures: 8
(a) For the oversight of the cannabis establishment; [and] 9
(b) To ensure accurate recordkeeping [.] ; 10
(c) For the training of the cannabis establishment agents who 11
volunteer or work at, contract to provide labor to or are employed 12
by an independent contractor to provide labor to the cannabis 13
establishment; and 14
(d) Any other procedures for the operation of the cannabis 15
establishment established by the Board by regulation. 16
2. Except as otherwise provided in this subsection, a cannabis 17
establishment may have more than one entrance so long as each 18
entrance is secure and shall implement strict security measures to 19
deter and prevent the theft of cannabis and unauthorized entrance 20
into areas containing cannabis. The provisions of this subsection do 21
not supersede any state or local requirements relating to minimum 22
numbers of points of entry or exit, or any state or local requirements 23
relating to fire safety. 24
3. Except as otherwise provided in NRS 678D.400, all 25
cultivation or production of cannabis that a cannabis cultivation 26
facility carries out or causes to be carried out must take place in an 27
enclosed, locked facility at the physical address provided to the 28
Board during the licensing process for the cannabis cultivation 29
facility. Such an enclosed, locked facility must be accessible only by 30
cannabis establishment agents who are lawfully associated with the 31
cannabis cultivation facility, except that limited access by persons 32
necessary to perform construction or repairs or provide other labor 33
is permissible if such persons are supervised by a cannabis 34
establishment agent. 35
4. A cannabis establishment that is not a cannabis consumption 36
lounge shall not allow any person to consume cannabis on the 37
property or premises of the establishment. 38
5. Cannabis establishments are subject to [reasonable] 39
inspection by the Board at any time, and a person who holds a 40
license must make himself or herself, or a designee thereof, 41
available and present for any inspection by the Board of the 42
cannabis establishment. 43
6. Each cannabis establishment shall install a video monitoring 44
system which must, at a minimum: 45
– 36 –
- *AB76*
(a) Allow for the transmission and storage, by digital or analog 1
means, of a video feed which displays the interior and exterior of the 2
cannabis establishment; [and] 3
(b) Be capable of being accessed remotely by a law enforcement 4
agency in real-time upon request [.] ; and 5
(c) Satisfy any other requirements established by the Board by 6
regulation. 7
7. A cannabis establishment [shall not] may, upon approval of 8
the Board, dispense or otherwise sell cannabis or cannabis products 9
from a vending machine or allow such a vending machine to be 10
installed at the interior or exterior of the premises of the cannabis 11
establishment. As used in this subsection, “vending machine” has 12
the meaning ascribed to it in NRS 209.229. 13
Sec. 40. NRS 678B.520 is hereby amended to read as follows: 14
678B.520 1. Each cannabis establishment shall, in 15
consultation with the Board, cooperate to ensure that all cannabis 16
products offered for sale: 17
(a) Are labeled clearly and unambiguously: 18
(1) As cannabis with the words “THIS PRODUCT 19
CONTAINS CANNABIS” in bold type; and 20
(2) As required by the provisions of this chapter , [and] 21
chapters 678C and 678D of NRS [.] and the regulations adopted by 22
the Board. 23
(b) Are not presented in packaging that contains an image of a 24
cartoon character, mascot, action figure, balloon or toy, except that 25
such an item may appear in the logo of the cannabis production 26
facility which produced the product. 27
(c) Are regulated and sold on the basis of the concentration of 28
THC in the products and not by weight. 29
(d) Are packaged and labeled in such a manner as to allow 30
tracking by way of an inventory control system. 31
(e) Are not packaged and labeled in a manner which is modeled 32
after a brand of products primarily consumed by or marketed to 33
children. 34
(f) Are labeled in a manner which indicates the amount of THC 35
in the product, measured in milligrams, and includes a statement 36
that the product contains cannabis and its potency was tested with an 37
allowable variance of the amount determined by the Board by 38
regulation. 39
(g) Are not labeled or marketed as candy. 40
(h) Are labeled with: 41
(1) The words “Keep out of reach of children”; 42
(2) A list of all ingredients used in the cannabis product; 43
(3) A list of all major food allergens in the cannabis product; 44
and 45
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(4) Any other information the Board may require by 1
regulation. 2
2. A cannabis production facility shall not produce cannabis 3
products in any form that: 4
(a) Is or appears to be a lollipop. 5
(b) Bears the likeness or contains characteristics of a real or 6
fictional person, animal or fruit, including, without limitation, a 7
caricature, cartoon or artistic rendering. 8
(c) Contains an anthropomorphic image. 9
(d) Is modeled after a brand of products primarily consumed by 10
or marketed to children. 11
[(d)] (e) Is made by applying concentrated cannabis, as defined 12
in NRS 453.042, to a commercially available candy or snack food 13
item other than dried fruit, nuts or granola. 14
3. A cannabis production facility shall: 15
(a) Seal any cannabis product that consists of cookies or 16
brownies in a bag or other container which is not transparent. 17
(b) Maintain a hand washing area with hot water, soap and 18
disposable towels which is located away from any area in which 19
cannabis products are cooked or otherwise prepared. 20
(c) Require each person who handles cannabis products to 21
restrain his or her hair, wear clean clothing and keep his or her 22
fingernails neatly trimmed. 23
(d) Package all cannabis products produced by the cannabis 24
production facility on the premises of the cannabis production 25
facility. 26
4. A cannabis establishment shall not engage in advertising or 27
use packaging for cannabis or cannabis products that in any way 28
makes cannabis or cannabis products appeal to children, including, 29
without limitation, advertising or packaging which uses an 30
anthropomorphic image or an image of a cartoon character, 31
mascot, action figure, balloon, fruit or toy. 32
5. Each cannabis sales facility shall offer for sale containers for 33
the storage of cannabis and cannabis products which lock and are 34
designed to prohibit children from unlocking and opening the 35
container. 36
6. A cannabis sales facility shall: 37
(a) Convey to each purchaser of cannabis or cannabis products 38
the following information in a manner prescribed by the Board: 39
(1) To keep cannabis and cannabis products out of the reach 40
of children; 41
(2) That cannabis products can cause severe illness in 42
children; 43
(3) That allowing children to ingest cannabis or cannabis 44
products or storing cannabis or cannabis products in a location 45
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which is accessible to children may result in an investigation by an 1
agency which provides child welfare services or criminal 2
prosecution for child abuse or neglect; 3
(4) That the intoxicating effects of edible cannabis products 4
may be delayed by 2 hours or more and users of edible cannabis 5
products should initially ingest a small amount of the product, then 6
wait at least 120 minutes before ingesting any additional amount of 7
the product; 8
(5) That pregnant women should consult with a physician 9
before ingesting cannabis or cannabis products; 10
(6) That ingesting cannabis or cannabis products with 11
alcohol or other drugs, including prescription medication, may result 12
in unpredictable levels of impairment and that a person should 13
consult with a physician before doing so; 14
(7) That cannabis or cannabis products can impair 15
concentration, coordination and judgment and a person should not 16
operate a motor vehicle while under the influence of cannabis or 17
cannabis products; and 18
(8) That ingestion of any amount of cannabis or cannabis 19
products before driving may result in criminal prosecution for 20
driving under the influence. 21
(b) Enclose all cannabis and cannabis products in opaque, child-22
resistant packaging upon sale. 23
7. A cannabis sales facility shall allow any person who is at 24
least 21 years of age to enter the premises of the cannabis sales 25
facility. 26
8. If the health authority, as defined in NRS 446.050, where a 27
cannabis production facility, cannabis sales facility or cannabis 28
consumption lounge which sells edible cannabis products is located 29
requires persons who handle food at a food establishment to obtain 30
certification, the cannabis production facility, cannabis sales facility 31
or cannabis consumption lounge shall ensure that at least one 32
employee maintains such certification. 33
9. A cannabis production facility may [sell] acquire hemp, and 34
a cannabis sales facility may acquire hemp or a commodity or 35
product made using hemp, [as defined in NRS 557.160, or 36
containing cannabidiol] from any source approved by the Board. 37
10. A cannabis production facility may: 38
(a) Use hemp to manufacture cannabis products; and 39
(b) Sell to a cannabis sales facility [. 40
10.] a cannabis product that contains hemp. 41
11. In addition to any other product authorized by the 42
provisions of this title, a cannabis sales facility may sell: 43
– 39 –
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(a) [Any] Hemp, any commodity or product made using hemp [, 1
as defined in NRS 557.160;] or any cannabis product that contains 2
hemp; 3
(b) Any commodity or product containing cannabidiol with a 4
THC concentration of not more than 0.3 percent; and 5
(c) Any other product specified by regulation of the Board. 6
[11.] 12. A cannabis establishment: 7
(a) Shall not engage in advertising which contains any statement 8
or illustration that: 9
(1) Is false or misleading; 10
(2) Promotes overconsumption of cannabis or cannabis 11
products; 12
(3) Depicts the actual consumption of cannabis or cannabis 13
products; or 14
(4) Depicts a child or other person who is less than 21 years 15
of age consuming cannabis or cannabis products or objects 16
suggesting the presence of a child, including, without limitation, 17
toys, characters or cartoons, or contains any other depiction which is 18
designed in any manner to be appealing to or encourage 19
consumption of cannabis or cannabis products by a person who is 20
less than 21 years of age. 21
(b) Shall not advertise in any publication or on radio, television 22
or any other medium if 30 percent or more of the audience of that 23
medium is reasonably expected to be persons who are less than 21 24
years of age. 25
(c) Shall not place an advertisement: 26
(1) Within 1,000 feet of a public or private school, 27
playground, public park or library, but may maintain such an 28
advertisement if it was initially placed before the school, 29
playground, public park or library was located within 1,000 feet of 30
the location of the advertisement; 31
(2) On or inside of a motor vehicle used for public 32
transportation or any shelter for public transportation; 33
(3) At a sports event to which persons who are less than 21 34
years of age are allowed entry; or 35
(4) At an entertainment event if it is reasonably estimated 36
that 30 percent or more of the persons who will attend that event are 37
less than 21 years of age. 38
(d) Shall not advertise or offer any cannabis or cannabis product 39
as “free” or “donated” without a purchase. 40
(e) Shall ensure that all advertising by the cannabis 41
establishment contains such warnings as may be prescribed by the 42
Board, which must include, without limitation, the following words: 43
(1) “Keep out of reach of children”; and 44
(2) “For use only by adults 21 years of age and older.” 45
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(f) Shall ensure that all advertising by the cannabis 1
establishment contains: 2
(1) The name of the cannabis establishment; and 3
(2) Except as otherwise provided in subsection [12,] 13, the 4
adult-use cannabis establishment license number or medical 5
cannabis establishment license number of the cannabis 6
establishment or any other unique identifier assigned to the cannabis 7
establishment by the Board. 8
[12.] 13. A cannabis establishment that holds more than one 9
license may satisfy the requirement set forth in subparagraph (2) of 10
paragraph (f) of subsection [11] 12 if the cannabis establishment 11
includes in all advertising conducted by the cannabis establishment: 12
(a) Any one of the adult-use cannabis establishment license 13
numbers or medical cannabis establishment license numbers of the 14
cannabis establishment; or 15
(b) Any one unique identifier assigned to the cannabis 16
establishment by the Board. 17
[13.] 14. Nothing in subsection [11] 12 shall be construed to 18
prohibit a local government, pursuant to chapter 244, 268 or 278 of 19
NRS, from adopting an ordinance for the regulation of advertising 20
relating to cannabis which is more restrictive than the provisions of 21
subsection [11] 12 relating to: 22
(a) The number, location and size of signs, including, without 23
limitation, any signs carried or displayed by a natural person; 24
(b) Handbills, pamphlets, cards or other types of advertisements 25
that are distributed [,] to the general public, excluding an 26
advertisement placed in a newspaper of general circulation, trade 27
publication or other form of print media; 28
(c) Any stationary or moving display that is located on or near 29
the premises of a cannabis establishment; and 30
(d) The content of any advertisement used by a cannabis 31
establishment if the ordinance sets forth specific prohibited content 32
for such an advertisement. 33
[14.] 15. If a cannabis establishment engages in advertising for 34
which it is required to determine the percentage of persons who are 35
less than 21 years of age and who may reasonably be expected to 36
view or hear the advertisement, the cannabis establishment shall 37
maintain documentation for not less than 5 years after the date on 38
which the advertisement is first broadcasted, published or otherwise 39
displayed that demonstrates the manner in which the cannabis 40
establishment determined the reasonably expected age of the 41
audience for that advertisement. 42
[15.] 16. To the extent that they are inconsistent or otherwise 43
conflict with the regulations adopted by the Board pursuant to NRS 44
678D.480, the requirements of this section pertaining to cannabis 45
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products do not apply to ready-to-consume cannabis products 1
prepared and sold by a cannabis consumption lounge. 2
[16.] 17. In addition to any other penalties provided for by 3
law, the Board may impose a civil penalty upon a cannabis 4
establishment that violates the provisions of subsection [11] 12 or 5
[14] 15 as follows: 6
(a) For the first violation in the immediately preceding 2 years, a 7
civil penalty not to exceed $1,250. 8
(b) For the second violation in the immediately preceding 2 9
years, a civil penalty not to exceed $2,500. 10
(c) For the third violation in the immediately preceding 2 years, 11
a civil penalty not to exceed $5,000. 12
(d) For the fourth violation in the immediately preceding 2 13
years, a civil penalty not to exceed $10,000. 14
[17.] 18. As used in this section [, “motor] : 15
(a) “Anthropomorphic image” means any image, including, 16
without limitation, a caricature, cartoon or artistic rendering, in 17
which human characteristics are attributed to an animal, plant or 18
other object or which uses similar anthropomorphic techniques. 19
(b) “Hemp” has the meaning ascribed to it in NRS 557.160. 20
(c) “Motor vehicle used for public transportation” does not 21
include a taxicab, as defined in NRS 706.124. 22
Sec. 41. NRS 678B.530 is hereby amended to read as follows: 23
678B.530 1. A person shall not: 24
(a) Advertise the sale of cannabis or cannabis products by the 25
person; [or] 26
(b) Sell, offer to sell or appear to sell cannabis or cannabis 27
products or allow the submission of an order for cannabis or 28
cannabis products [,] ; or 29
(c) Advertise as a cannabis sales facility or cannabis 30
consumption lounge, 31
unless the person holds [an adult-use cannabis establishment 32
license or a medical cannabis establishment] the appropriate type of 33
license [.] which authorizes the person to sell cannabis or 34
cannabis products or engage in the business of a cannabis sales 35
facility or cannabis consumption lounge, as applicable. 36
2. A local government shall not regulate the content of an 37
advertisement for the sale of cannabis or cannabis products unless 38
the local government adopts an ordinance setting forth such 39
regulations. 40
Sec. 42. NRS 678B.600 is hereby amended to read as follows: 41
678B.600 1. An employee of the State Department of 42
Agriculture or the Board or an attorney who represents the 43
Department or Board who, in the course of his or her duties: 44
(a) Possesses, delivers or produces cannabis; 45
– 42 –
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(b) Aids and abets another in the possession, delivery or 1
production of cannabis; 2
(c) Performs any combination of the acts described in 3
paragraphs (a) and (b); or 4
(d) Performs any other criminal offense in which the possession, 5
delivery or production of cannabis is an element, 6
is exempt from state prosecution for the offense. The persons 7
described in this subsection must ensure that the cannabis described 8
in this subsection is safeguarded in an enclosed, secure location. 9
2. In addition to the provisions of subsection 1, no person may 10
be subject to state prosecution for constructive possession, 11
conspiracy or any other criminal offense solely for being in the 12
presence or vicinity of the cannabis in accordance with the 13
provisions of this title. 14
3. As used in this section, “cannabis” includes, without 15
limitation, cannabis products. 16
Sec. 43. NRS 678C.410 is hereby amended to read as follows: 17
678C.410 1. A medical cannabis establishment is prohibited 18
from acquiring, possessing, cultivating, manufacturing, delivering, 19
transferring, transporting, supplying or dispensing cannabis for any 20
purpose except to: 21
(a) Directly or indirectly assist patients who possess valid 22
registry identification cards; 23
(b) Assist patients who possess valid registry identification cards 24
or letters of approval by way of those patients’ designated primary 25
caregivers; and 26
(c) Return for a refund cannabis, medical edible cannabis 27
products or medical cannabis-infused products to the medical 28
cannabis establishment from which the cannabis, medical edible 29
cannabis products or medical cannabis-infused products were 30
acquired. 31
For the purposes of this subsection, a person shall be deemed to 32
be a patient who possesses a valid registry identification card or 33
letter of approval if he or she qualifies for nonresident reciprocity 34
pursuant to NRS 678C.470. 35
2. A medical cannabis dispensary and a medical cultivation 36
facility may acquire usable cannabis or cannabis plants from a 37
person who holds a valid registry identification card, including, 38
without limitation, a designated primary caregiver. Except as 39
otherwise provided in this subsection, the patient or caregiver, as 40
applicable, must receive no compensation for the cannabis. A 41
patient who holds a valid registry identification card, and the 42
designated primary caregiver of such a patient, or the designated 43
primary caregiver of a person who holds a letter of approval may 44
– 43 –
- *AB76*
sell usable cannabis to a medical cannabis dispensary one time and 1
may sell cannabis plants to a cultivation facility one time. 2
3. [A medical cannabis production facility and a medical 3
cannabis dispensary may acquire hemp, as defined in NRS 557.160, 4
or a commodity or product made using such hemp from a grower or 5
handler registered by the State Department of Agriculture pursuant 6
to chapter 557 of NRS. A medical cannabis production facility may 7
use hemp or a commodity or product made using such hemp to 8
manufacture medical cannabis products. A medical cannabis 9
dispensary may dispense hemp or a commodity or product made 10
using such hemp and medical edible cannabis products and medical 11
cannabis-infused products manufactured using hemp or a 12
commodity or product made using such hemp. 13
4.] A dual licensee: 14
(a) Shall comply with the regulations adopted by the Board 15
pursuant to subsection 7 of NRS 678B.650 with respect to the 16
medical cannabis establishment operated by the dual licensee; and 17
(b) May, to the extent authorized by such regulations, combine 18
the location or operations of the medical cannabis establishment 19
operated by the dual licensee with the adult-use cannabis 20
establishment operated by the dual licensee. 21
[5.] 4. If a medical cannabis establishment is operated by a 22
dual licensee, any provision of this section which is determined by 23
the Board to be unreasonably impracticable pursuant to subsection 8 24
of NRS 678B.650 does not apply to the medical cannabis 25
establishment. 26
Sec. 44. NRS 678C.420 is hereby amended to read as follows: 27
678C.420 1. Each medical cannabis establishment, in 28
consultation with the Board, shall maintain an electronic verification 29
and authentication system. 30
2. The electronic verification and authentication system 31
required pursuant to subsection 1 must be able to monitor and report 32
information, including, without limitation: 33
(a) In the case of a medical cannabis dispensary, for each person 34
who holds a valid registry identification card and who purchased 35
cannabis from the dispensary in the immediately preceding [60-day] 36
120-day period: 37
(1) The number of the card; 38
(2) The date on which the card was issued; and 39
(3) The date on which the card will expire. 40
(b) For each cannabis establishment agent who is employed by 41
or volunteers at the medical cannabis establishment, the number of 42
the person’s cannabis establishment agent registration card. 43
(c) In the case of a medical cannabis dispensary, such 44
information as may be required by the Board by regulation 45
– 44 –
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regarding persons who are not residents of this State and who have 1
purchased cannabis from the dispensary. Such information may 2
include, without limitation, any information relating to any 3
document issued to a person who is not a resident of this State by 4
the state in which the person is a resident which identifies the 5
person as exempt from state prosecution for engaging in the 6
medical use of cannabis in that state. 7
(d) Verification of the identity of a person to whom cannabis or 8
medical cannabis products are sold or otherwise distributed. 9
(e) Such other information as the Board may require. 10
3. Nothing in this section prohibits more than one medical 11
cannabis establishment from co-owning an electronic verification 12
and authentication system in cooperation with other medical 13
cannabis establishments, or sharing the information obtained 14
therefrom. 15
4. A medical cannabis establishment must exercise reasonable 16
care to ensure that the personal identifying information of persons 17
who hold registry identification cards which is contained in an 18
electronic verification and authentication system is encrypted, 19
protected and not divulged for any purpose not specifically 20
authorized by law. 21
Sec. 45. NRS 678C.430 is hereby amended to read as follows: 22
678C.430 1. [Each medical cannabis establishment, in 23
consultation with the Board, shall maintain an inventory control 24
system. 25
2. The inventory control system required pursuant to 26
subsection 1 must be able to monitor and report information, 27
including, without limitation: 28
(a) Insofar as is practicable, the chain of custody and current 29
whereabouts, in real time, of cannabis from the point that it is 30
harvested at a cannabis cultivation facility until it is sold at a 31
medical cannabis dispensary and, if applicable, medical cannabis 32
production facility; 33
(b) The name of each person or other medical cannabis 34
establishment, or both, to which the establishment sold cannabis; 35
(c) In the case of a medical cannabis dispensary, the date on 36
which it sold cannabis to a person who holds a registry identification 37
card and, if any, the quantity of medical cannabis products sold, 38
measured both by weight and potency; and 39
(d) Such other information as the Board may require. 40
3. Nothing in this section prohibits more than one medical 41
cannabis establishment from co-owning an inventory control system 42
in cooperation with other medical cannabis establishments, or 43
sharing the information obtained therefrom. 44
– 45 –
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4. A medical cannabis establishment must exercise reasonable 1
care to ensure that the personal identifying information of persons 2
who hold registry identification cards which is contained in an 3
inventory control system is encrypted, protected and not divulged 4
for any purpose not specifically authorized by law. 5
5.] If a medical cannabis establishment is operated by a dual 6
licensee, the medical cannabis establishment may: 7
(a) For the purpose of tracking cannabis for medical use, 8
maintain a combined inventory with an adult-use cannabis 9
establishment operated by the dual licensee; and 10
(b) For the purpose of reporting on the inventory of the medical 11
cannabis establishment operated by the dual licensee, maintain a 12
combined inventory with an adult-use cannabis establishment 13
operated by the dual licensee and report the combined inventory 14
under [a single medical cannabis establishment license or] the adult-15
use cannabis establishment license. 16
[6.] 2. If a medical cannabis establishment is operated by a 17
dual licensee, the medical cannabis establishment shall: 18
(a) For the purpose of reporting on the sales of any medical 19
cannabis establishment or adult-use cannabis establishment operated 20
by the dual licensee, designate each sale as a sale pursuant to the 21
provisions of this chapter or chapter 678D of NRS in its inventory 22
control system at the point of sale; and 23
(b) Verify that each person who purchases cannabis or cannabis 24
products in a sale designated as a sale pursuant to the provisions of 25
this chapter holds a valid registry identification card. 26
Sec. 46. NRS 678C.460 is hereby amended to read as follows: 27
678C.460 1. At each medical cannabis establishment, 28
medical cannabis must be stored only in an enclosed, locked facility. 29
2. Except as otherwise provided in subsection 3, at each 30
medical cannabis dispensary, medical cannabis must be stored in a 31
secure, locked device, display case, cabinet or room within the 32
enclosed, locked facility. The secure, locked device, display case, 33
cabinet or room must be protected by a lock or locking mechanism 34
that meets at least the security rating established by the 35
Underwriters Laboratories for key locks. 36
3. At a medical cannabis dispensary, medical cannabis may be 37
removed from the secure setting described in subsection 2: 38
(a) Only for the purpose of dispensing the cannabis; 39
(b) Only immediately before the cannabis is dispensed; and 40
(c) Only by a cannabis establishment agent who is employed by 41
or volunteers at the dispensary. 42
[4. A medical cannabis establishment may: 43
– 46 –
- *AB76*
(a) Transport medical cannabis to another medical cannabis 1
establishment or between the buildings of the medical cannabis 2
establishment; and 3
(b) Enter into a contract with a third party to transport cannabis 4
to another medical cannabis establishment or between the buildings 5
of the medical cannabis establishment.] 6
Sec. 47. NRS 678D.005 is hereby amended to read as follows: 7
678D.005 As used in this chapter, unless the context otherwise 8
requires, the words and terms defined in NRS 678D.010 [to 9
678D.040, inclusive,] , 678D.020 and 678D.030 have the meanings 10
ascribed to them in those sections. 11
Sec. 48. NRS 678D.420 is hereby amended to read as follows: 12
678D.420 1. An adult-use edible cannabis product or an 13
adult-use cannabis-infused product must be labeled in a manner 14
which indicates the number of servings of THC in the product, 15
measured in servings of a maximum of 10 milligrams per serving. 16
2. An adult-use cannabis product must be sold in a single 17
package. A single package must not contain: 18
(a) More than [1 ounce] 2.5 ounces of usable cannabis . [or one-19
eighth of an ounce of concentrated cannabis.] 20
(b) For an adult-use cannabis product sold as a capsule, more 21
than 100 milligrams of THC per capsule or more than [800] 1,000 22
milligrams of THC per package. 23
(c) For an adult-use cannabis product sold as a tincture, more 24
than [800] 1,000 milligrams of THC. 25
(d) For an adult-use edible cannabis product, more than 100 26
milligrams of THC. 27
(e) For an adult-use cannabis product sold as a topical product, a 28
concentration of more than 6 percent THC or more than [800] 1,000 29
milligrams of THC per package. 30
(f) For an adult-use cannabis product sold as a suppository or 31
transdermal patch, more than 100 milligrams of THC per 32
suppository or transdermal patch or more than [800] 1,000 33
milligrams of THC per package. 34
(g) For any other adult-use cannabis product, more than [800] 35
1,000 milligrams of THC. 36
3. To the extent that they are inconsistent or otherwise conflict 37
with the regulations adopted by the Board pursuant to NRS 38
678D.480, the requirements of this section do not apply to a ready-39
to-consume cannabis product prepared and sold by a cannabis 40
consumption lounge. 41
Sec. 49. NRS 678D.430 is hereby amended to read as follows: 42
678D.430 1. If an adult-use cannabis establishment is 43
operated by a dual licensee, the adult-use cannabis establishment 44
may: 45
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(a) For the purpose of tracking cannabis, maintain a combined 1
inventory with a medical cannabis establishment operated by the 2
dual licensee; and 3
(b) For the purpose of reporting on the inventory of the adult-4
use cannabis establishment, maintain a combined inventory with a 5
medical cannabis establishment operated by the dual licensee and 6
report the combined inventory under [a single medical cannabis 7
license or] the adult-use cannabis license. 8
2. If a cannabis establishment is operated by a dual licensee, 9
the cannabis establishment shall: 10
(a) For the purpose of reporting on the sales of any adult-use 11
cannabis establishment or medical cannabis establishment operated 12
by the dual licensee, designate each sale as a sale pursuant to the 13
provisions of this chapter or chapter 678C of NRS; and 14
(b) Verify that each person who purchases cannabis or cannabis 15
products in a sale designated as a sale pursuant to the provisions of 16
chapter 678C of NRS holds a valid registry identification card. 17
3. An adult-use cannabis retail store shall not sell cannabis or 18
cannabis products through the use of, or accept a sale of cannabis or 19
cannabis products from, a third party, intermediary business, broker 20
or any other business that does not hold an adult-use cannabis 21
establishment license. 22
4. An adult-use cannabis retail store may contract with a third 23
party or intermediary business to deliver cannabis or cannabis 24
products only if: 25
(a) Every sale of cannabis or cannabis products which is 26
delivered by the third party or intermediary business is made 27
directly from the adult-use cannabis retail store or an Internet 28
website, digital network or software application service of the adult-29
use cannabis retail store; 30
(b) The third party or intermediary business does not advertise 31
that it sells, offers to sell or appears to sell cannabis or cannabis 32
products or allows the submission of an order for cannabis or 33
cannabis products; 34
(c) In addition to any other requirements imposed by the Board 35
by regulation, the name of the adult-use cannabis retail store and all 36
independent contractors who perform deliveries on behalf of the 37
adult-use cannabis retail store has been published on the Internet 38
website of the Board; and 39
(d) The delivery is made by a cannabis establishment agent who 40
is authorized to make the delivery by the adult-use cannabis retail 41
store by which he or she is employed. 42
Sec. 50. NRS 678D.440 is hereby amended to read as follows: 43
678D.440 1. An adult-use cannabis distributor may transport 44
cannabis and cannabis products between [an adult-use] a cannabis 45
– 48 –
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establishment and another [adult-use] cannabis establishment or 1
between the buildings of [an adult-use] a cannabis establishment. 2
2. [An adult-use cannabis establishment shall not transport 3
cannabis or cannabis products to an adult-use cannabis retail store 4
unless the adult-use cannabis establishment holds an adult-use 5
cannabis establishment license for an adult-use cannabis distributor. 6
3.] An adult-use cannabis distributor shall not purchase or sell 7
cannabis or cannabis products unless the adult-use cannabis 8
distributor also holds [an adult-use cannabis establishment] a license 9
for a type of [adult-use] cannabis establishment authorized by law to 10
purchase or sell cannabis or cannabis products. 11
[4.] 3. An adult-use cannabis distributor may enter into an 12
agreement or contract with [an adult-use] a cannabis establishment 13
for the transport of cannabis or cannabis products. Such an 14
agreement or contract may include, without limitation, provisions 15
relating to insurance coverage, climate control and theft by a third 16
party or an employee. 17
[5.] 4. An adult-use cannabis distributor, and each cannabis 18
establishment agent employed by the adult-use cannabis distributor 19
who is involved in the transportation, is responsible for cannabis and 20
cannabis products once the adult-use cannabis distributor takes 21
control of the cannabis or cannabis products and leaves the premises 22
of [an adult-use] a cannabis establishment. 23
[6.] 5. The Board may adopt regulations establishing 24
additional requirements for the operations of an adult-use cannabis 25
distributor. 26
Sec. 51. NRS 202.2483 is hereby amended to read as follows: 27
202.2483 1. Except as otherwise provided in [subsection] 28
subsections 3 [,] and 4, smoking in any form is prohibited within 29
indoor places of employment including, but not limited to, the 30
following: 31
(a) Child care facilities; 32
(b) Movie theatres; 33
(c) Video arcades; 34
(d) Government buildings and public places; 35
(e) Malls and retail establishments; 36
(f) All areas of grocery stores; and 37
(g) All indoor areas within restaurants. 38
2. Without exception, smoking in any form is prohibited within 39
school buildings and on school property. 40
3. Smoking is not prohibited in: 41
(a) Areas within casinos where loitering by minors is already 42
prohibited by state law pursuant to NRS 463.350; 43
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(b) Completely enclosed areas with stand-alone bars, taverns 1
and saloons in which patrons under 21 years of age are prohibited 2
from entering; 3
(c) Age-restricted stand-alone bars, taverns and saloons; 4
(d) Strip clubs or brothels; 5
(e) Retail tobacco stores; 6
(f) The area of a convention facility in which a meeting or trade 7
show is being held, during the time the meeting or trade show is 8
occurring, if the meeting or trade show: 9
(1) Is not open to the public; 10
(2) Is being produced or organized by a business relating to 11
tobacco or a professional association for convenience stores; and 12
(3) Involves the display of tobacco products; and 13
(g) Private residences, including private residences which may 14
serve as an office workplace, except if used as a child care, an adult 15
day care or a health care facility. 16
4. The smoking of cannabis in accordance with the 17
provisions of title 56 of NRS and the regulations adopted pursuant 18
thereto is not prohibited in a cannabis consumption lounge. 19
5. A supervisor on duty or employee of an age-restricted stand-20
alone bar, tavern or saloon or a stand-alone bar, tavern or saloon 21
shall not allow a person who is under 21 years of age to loiter in an 22
age-restricted stand-alone bar, tavern or saloon or an area of a stand-23
alone bar, tavern or saloon where smoking is allowed pursuant to 24
this section. A person who violates the provisions of this subsection 25
is guilty of a misdemeanor. 26
[5.] 6. If a supervisor on duty or employee of an age-restricted 27
stand-alone bar, tavern or saloon or a stand-alone bar, tavern or 28
saloon violates the provisions of subsection [4,] 5, the age-restricted 29
stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon 30
is liable for a civil penalty of: 31
(a) For the first offense, $1,000. 32
(b) For a second or subsequent offense, $2,000. 33
[6.] 7. In any prosecution or other proceeding for a violation of 34
the provisions of subsection [4 or] 5 [,] or 6, it is no excuse for a 35
supervisor, employee, age-restricted bar, tavern or saloon, or stand-36
alone bar, tavern or saloon alleged to have committed the violation 37
to plead that a supervisor or employee believed that the person who 38
was permitted to loiter was 21 years of age or older. 39
[7.] 8. In areas or establishments where smoking is not 40
prohibited by this section, nothing in state law shall be construed to 41
prohibit the owners of said establishments from voluntarily creating 42
nonsmoking sections or designating the entire establishment as 43
smoke free. 44
– 50 –
- *AB76*
[8.] 9. Nothing in state law shall be construed to restrict local 1
control or otherwise prohibit a county, city or town from adopting 2
and enforcing local smoking control measures that meet or exceed 3
the minimum applicable standards set forth in this section. 4
[9.] 10. “No Smoking” signs or the international “No 5
Smoking” symbol shall be clearly and conspicuously posted in 6
every public place and place of employment where smoking is 7
prohibited by this section. Each public place and place of 8
employment where smoking is prohibited shall post, at every 9
entrance, a conspicuous sign clearly stating that smoking is 10
prohibited. All ashtrays and other smoking paraphernalia shall be 11
removed from any area where smoking is prohibited. 12
[10.] 11. Health authorities, police officers of cities or towns, 13
sheriffs and their deputies shall, within their respective jurisdictions, 14
enforce the provisions of this section and shall issue citations for 15
violations of this section pursuant to NRS 202.2492 and 202.24925. 16
[11.] 12. No person or employer shall retaliate against an 17
employee, applicant or customer for exercising any rights afforded 18
by, or attempts to prosecute a violation of, this section. 19
[12.] 13. For the purposes of this section, the following terms 20
have the following definitions: 21
(a) “Age-restricted stand-alone bar, tavern or saloon” means an 22
establishment: 23
(1) Devoted primarily to the sale of alcoholic beverages to be 24
consumed on the premises; 25
(2) In which food service or sales may or may not be 26
incidental food service or sales, in the discretion of the operator of 27
the establishment; 28
(3) In which patrons under 21 years of age are prohibited at 29
all times from entering the premises; and 30
(4) That must be located within: 31
(I) A physically independent building that does not share 32
a common entryway or indoor area with a restaurant, public place or 33
any other indoor workplace where smoking is prohibited by this 34
section; or 35
(II) A completely enclosed area of a larger structure, 36
which may include, without limitation, a strip mall or an airport, 37
provided that indoor windows must remain closed at all times and 38
doors must remain closed when not actively in use. 39
(b) “Cannabis” has the meaning ascribed to it in 40
NRS 678A.085. 41
(c) “Cannabis consumption lounge” has the meaning ascribed 42
to it in NRS 678A.087. 43
(d) “Casino” means an entity that contains a building or large 44
room devoted to gambling games or wagering on a variety of 45
– 51 –
- *AB76*
events. A casino must possess a nonrestricted gaming license as 1
described in NRS 463.0177 and typically uses the word ‘casino’ as 2
part of its proper name. 3
[(c)] (e) “Child care facility” has the meaning ascribed to it in 4
NRS 441A.030. 5
[(d)] (f) “Completely enclosed area” means an area that is 6
enclosed on all sides by any combination of solid walls, windows or 7
doors that extend from the floor to the ceiling. 8
[(e)] (g) “Government building” means any building or office 9
space owned or occupied by: 10
(1) Any component of the Nevada System of Higher 11
Education and used for any purpose related to the System; 12
(2) The State of Nevada and used for any public purpose; or 13
(3) Any county, city, school district or other political 14
subdivision of the State and used for any public purpose. 15
[(f)] (h) “Health authority” has the meaning ascribed to it in 16
NRS 202.2485. 17
[(g)] (i) “Incidental food service or sales” means the service of 18
prepackaged food items including, but not limited to, peanuts, 19
popcorn, chips, pretzels or any other incidental food items that are 20
exempt from food licensing requirements pursuant to subsection 2 21
of NRS 446.870. 22
[(h)] (j) “Place of employment” means any enclosed area under 23
the control of a public or private employer which employees 24
frequent during the course of employment including, but not limited 25
to, work areas, restrooms, hallways, employee lounges, cafeterias, 26
conference and meeting rooms, lobbies and reception areas. 27
[(i)] (k) “Public places” means any enclosed areas to which the 28
public is invited or in which the public is permitted. 29
[(j)] (l) “Restaurant” means a business which gives or offers for 30
sale food, with or without alcoholic beverages, to the public, guests 31
or employees, as well as kitchens and catering facilities in which 32
food is prepared on the premises for serving elsewhere. 33
[(k)] (m) “Retail tobacco store” means a retail store utilized 34
primarily for the sale of tobacco products and accessories and in 35
which the sale of other products is merely incidental. 36
[(l)] (n) “School building” means all buildings on the grounds 37
of any public school described in NRS 388.020 and any private 38
school as defined in NRS 394.103. 39
[(m)] (o) “School property” means the grounds of any public 40
school described in NRS 388.020 and any private school as defined 41
in NRS 394.103. 42
[(n)] (p) “Smoking” means inhaling, exhaling, burning or 43
carrying any liquid or heated cigar, cigarette or pipe or any other 44
lighted or heated tobacco or plant product intended for inhalation, in 45
– 52 –
- *AB76*
any manner or in any form. The term includes the use of an 1
electronic smoking device that creates an aerosol or vapor, in any 2
manner or in any form, and the use of any oral smoking device. As 3
used in this paragraph, “electronic smoking device”: 4
(1) Means any product containing or delivering nicotine, a 5
product made or derived from tobacco or any other substance 6
intended for human consumption that can be used by a person to 7
simulate smoking in the delivery of nicotine or any other substance 8
through inhalation of vapor or aerosol from the product. 9
(2) Includes any component part of a product described in 10
subparagraph (1), regardless of whether the component part is sold 11
separately. 12
(3) Does not include any product regulated by the United 13
States Food and Drug Administration pursuant to Subchapter V of 14
the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 352 et seq. 15
[(o)] (q) “Stand-alone bar, tavern or saloon” means an 16
establishment: 17
(1) Devoted primarily to the sale of alcoholic beverages to be 18
consumed on the premises; 19
(2) In which food service or sales may or may not be 20
incidental food service or sales, in the discretion of the operator of 21
the establishment; 22
(3) In which smoke from such establishments does not 23
infiltrate into areas where smoking is prohibited under the 24
provisions of this section; and 25
(4) That must be housed in either: 26
(I) A physically independent building that does not share 27
a common entryway or indoor area with a restaurant, public place or 28
any other indoor workplaces where smoking is prohibited by this 29
section; or 30
(II) A completely enclosed area of a larger structure, such 31
as a strip mall or an airport, provided that indoor windows must 32
remain shut at all times and doors must remain closed when not 33
actively in use. 34
[(p)] (r) “Video arcade” has the meaning ascribed to it in 35
paragraph (d) of subsection 3 of NRS 453.3345. 36
[13.] 14. Any statute or regulation inconsistent with this 37
section is null and void. 38
[14.] 15. The provisions of this section are severable. If any 39
provision of this section or the application thereof is declared by a 40
court of competent jurisdiction to be invalid or unconstitutional, 41
such declaration shall not affect the validity of the section as a 42
whole or any provision thereof other than the part declared to be 43
invalid or unconstitutional. 44
– 53 –
- *AB76*
Sec. 52. NRS 223.250 is hereby amended to read as follows: 1
223.250 1. The Governor or his or her designee may enter 2
into one or more agreements with tribal governments in this State to 3
efficiently coordinate the cross-jurisdictional administration of the 4
laws of this State and the laws of tribal governments relating to the 5
use of cannabis. Such an agreement may include, without limitation, 6
provisions relating to: 7
(a) Criminal and civil law enforcement; 8
(b) Regulatory issues relating to the possession, delivery, 9
production, processing or use of cannabis or cannabis products; 10
(c) Medical and pharmaceutical research involving cannabis; 11
(d) The administration of laws relating to taxation; 12
(e) Any immunity, preemption or conflict of law relating to the 13
possession, delivery, production, processing, transportation or use of 14
cannabis or cannabis products; and 15
(f) The resolution of any disputes between a tribal government 16
and this State, which may include, without limitation, the use of 17
mediation or other nonjudicial processes. 18
2. An agreement entered into pursuant to this section must: 19
(a) Provide for the preservation of public health and safety; 20
(b) Ensure the security of cannabis establishments and the 21
corresponding facilities on tribal land; and 22
(c) Establish provisions regulating business involving cannabis 23
which passes between tribal land and non-tribal land in this State. 24
3. Any information received pursuant to the terms of an 25
agreement entered into pursuant to this section by a governmental 26
entity from a tribal government or a facility engaged in cannabis 27
activities operating on tribal land which relates to cannabis or a 28
cannabis product that is not sold or transferred to a cannabis 29
establishment is not a public record within the meaning of NRS 30
239.010 and is confidential. 31
4. As used in this section: 32
(a) “Cannabis” has the meaning ascribed to it in NRS 678A.085. 33
(b) “Cannabis establishment” has the meaning ascribed to it in 34
NRS 678A.095. 35
(c) “Cannabis products” has the meaning ascribed to it in 36
NRS 678A.120. 37
(d) “Governmental entity” has the meaning ascribed to it in 38
NRS 239.005. 39
(e) “Tribal government” means a federally recognized American 40
Indian tribe pursuant to 25 C.F.R. §§ 83.1 to [83.13,] 83.12, 41
inclusive. 42
Sec. 53. NRS 239.010 is hereby amended to read as follows: 43
239.010 1. Except as otherwise provided in this section and 44
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 45
– 54 –
- *AB76*
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 1
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 2
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 3
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 4
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 5
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 6
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 7
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 8
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 9
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 10
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 11
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 12
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 13
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 14
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 15
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 16
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 17
223.250, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 18
228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 19
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 20
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 21
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 22
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 23
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 24
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 25
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 26
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 27
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 28
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 29
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 30
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 31
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 32
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 33
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 34
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 35
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 36
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 37
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 38
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 39
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 40
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 41
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 42
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 43
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 44
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 45
– 55 –
- *AB76*
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 1
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 2
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 3
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 4
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 5
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 6
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 7
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 8
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 9
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 10
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 11
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 12
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 13
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 14
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 15
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 16
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 17
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 18
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 19
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 20
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 21
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 22
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 23
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 24
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 25
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 26
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 27
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 28
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 29
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 30
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 31
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 32
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 33
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 34
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 35
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 36
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 37
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 38
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 39
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 40
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 41
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 42
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 43
711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 44
2011 and section 2 of chapter 391, Statutes of Nevada 2013 and 45
– 56 –
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unless otherwise declared by law to be confidential, all public books 1
and public records of a governmental entity must be open at all 2
times during office hours to inspection by any person, and may be 3
fully copied or an abstract or memorandum may be prepared from 4
those public books and public records. Any such copies, abstracts or 5
memoranda may be used to supply the general public with copies, 6
abstracts or memoranda of the records or may be used in any other 7
way to the advantage of the governmental entity or of the general 8
public. This section does not supersede or in any manner affect the 9
federal laws governing copyrights or enlarge, diminish or affect in 10
any other manner the rights of a person in any written book or 11
record which is copyrighted pursuant to federal law. 12
2. A governmental entity may not reject a book or record 13
which is copyrighted solely because it is copyrighted. 14
3. A governmental entity that has legal custody or control of a 15
public book or record shall not deny a request made pursuant to 16
subsection 1 to inspect or copy or receive a copy of a public book or 17
record on the basis that the requested public book or record contains 18
information that is confidential if the governmental entity can 19
redact, delete, conceal or separate, including, without limitation, 20
electronically, the confidential information from the information 21
included in the public book or record that is not otherwise 22
confidential. 23
4. If requested, a governmental entity shall provide a copy of a 24
public record in an electronic format by means of an electronic 25
medium. Nothing in this subsection requires a governmental entity 26
to provide a copy of a public record in an electronic format or by 27
means of an electronic medium if: 28
(a) The public record: 29
(1) Was not created or prepared in an electronic format; and 30
(2) Is not available in an electronic format; or 31
(b) Providing the public record in an electronic format or by 32
means of an electronic medium would: 33
(1) Give access to proprietary software; or 34
(2) Require the production of information that is confidential 35
and that cannot be redacted, deleted, concealed or separated from 36
information that is not otherwise confidential. 37
5. An officer, employee or agent of a governmental entity who 38
has legal custody or control of a public record: 39
(a) Shall not refuse to provide a copy of that public record in the 40
medium that is requested because the officer, employee or agent has 41
already prepared or would prefer to provide the copy in a different 42
medium. 43
(b) Except as otherwise provided in NRS 239.030, shall, upon 44
request, prepare the copy of the public record and shall not require 45
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the person who has requested the copy to prepare the copy himself 1
or herself. 2
Sec. 54. NRS 239.0115 is hereby amended to read as follows: 3
239.0115 1. Except as otherwise provided in this subsection 4
and subsection 3, notwithstanding any provision of law that has 5
declared a public book or record, or a part thereof, to be 6
confidential, if a public book or record has been in the legal custody 7
or control of one or more governmental entities for at least 30 years, 8
a person may apply to the district court of the county in which the 9
governmental entity that currently has legal custody or control of the 10
public book or record is located for an order directing that 11
governmental entity to allow the person to inspect or copy the public 12
book or record, or a part thereof. If the public book or record 13
pertains to a natural person, a person may not apply for an order 14
pursuant to this subsection until the public book or record has been 15
in the legal custody or control of one or more governmental entities 16
for at least 30 years or until the death of the person to whom the 17
public book or record pertains, whichever is later. 18
2. There is a rebuttable presumption that a person who applies 19
for an order as described in subsection 1 is entitled to inspect or 20
copy the public book or record, or a part thereof, that the person 21
seeks to inspect or copy. 22
3. The provisions of subsection 1 do not apply to any book or 23
record: 24
(a) Declared confidential pursuant to NRS 463.120 [.] or 25
678A.470. 26
(b) Containing personal information pertaining to a victim of 27
crime that has been declared by law to be confidential. 28
Sec. 55. The amendatory provisions of sections 5, 6 and 13 to 29
23, inclusive, of this act apply to any judicial or administrative 30
proceedings commenced on or after the effective date of this act. 31
Sec. 56. NRS 678C.060, 678C.100, 678D.040 and 678D.410 32
are hereby repealed. 33
Sec. 57. This act becomes effective upon passage and 34
approval. 35
TEXT OF REPEALED SECTIONS
678C.060 “Inventory control system” defined. “Inventory
control system” means a process, device or other contrivance that
may be used to monitor the chain of custody of cannabis from the
point of cultivation to the end consumer.
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678C.100 “Usable cannabis” defined.
1. “Usable cannabis” means:
(a) The dried leaves and flowers of a plant of the genus
Cannabis, and any mixture or preparation thereof, that are
appropriate for the medical use of cannabis or the adult use of
cannabis; and
(b) The seeds of a plant of the genus Cannabis.
2. The term does not include the stalks and roots of the plant.
678D.040 “Usable cannabis” defined. “Usable cannabis”
has the meaning ascribed to it in NRS 678C.100.
678D.410 License required for transportation of cannabis
for adult use and adult-use cannabis products; exceptions. An
adult-use cannabis establishment shall not transport cannabis or
adult-use edible cannabis products or adult-use cannabis-infused
products to an adult-use cannabis retail store unless the adult-use
cannabis establishment:
1. Holds a license for an adult-use cannabis distributor;
2. Holds a medical cannabis establishment license and is only
transporting cannabis or medical edible cannabis products or
medical cannabis-infused products for the medical use of cannabis;
3. Is an adult-use cannabis independent testing laboratory
transporting samples for testing; or
4. Is a dual licensee and is only transporting cannabis or
medical edible cannabis products or medical cannabis-infused
products for the medical use of cannabis to a medical cannabis
dispensary or a dual licensee.
H