NV Rev Stat § 678B.520 (2021)
2021 Nevada Revised Statutes|Chapter 678B - Licensing and Control of Cannabis|NRS 678B.520 - Requirements concerning cannabis products; additional duties of cannabis sales facility and cannabis production facility; requirements and restrictions concerning advertising by cannabis establishment; local government not prohibited from adopting more restrictive regulations concerning advertising. [Effective July 1, 2020.]

  1. Each cannabis establishment shall, in consultation with the Board, cooperate to ensure that all cannabis products offered for sale:  (a) Are labeled clearly and unambiguously:  (1) As cannabis or medical cannabis with the words "THIS IS A MEDICAL CANNABIS PRODUCT" or "THIS IS A CANNABIS PRODUCT," as applicable, in bold type; and  (2) As required by the provisions of this chapter and chapters 678C and 678D of NRS.  (b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the cannabis production facility which produced the product.  (c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.  (d) Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.  (e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.  (f) Are labeled in a manner which indicates the amount of THC in the product, measured in milligrams, and includes a statement that the product contains cannabis and its potency was tested with an allowable variance of the amount determined by the Board by regulation.  (g) Are not labeled or marketed as candy.  2. A cannabis production facility shall not produce cannabis products in any form that:  (a) Is or appears to be a lollipop.  (b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.  (c) Is modeled after a brand of products primarily consumed by or marketed to children.  (d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola.  3. A cannabis production facility shall:  (a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent.  (b) Affix a label to each cannabis product which includes without limitation, in a manner which must not mislead consumers, the following information:  (1) The words "Keep out of reach of children";  (2) A list of all ingredients used in the cannabis product;  (3) A list of all allergens in the cannabis product; and  (4) The total content of THC measured in milligrams.  (c) Maintain a hand washing area with hot water, soap and disposable towels which is located away from any area in which cannabis products are cooked or otherwise prepared.  (d) Require each person who handles cannabis products to restrain his or her hair, wear clean clothing and keep his or her fingernails neatly trimmed.  (e) Package all cannabis products produced by the cannabis production facility on the premises of the cannabis production facility.  4. A cannabis establishment shall not engage in advertising that in any way makes cannabis or cannabis products appeal to children, including without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.  5. Each cannabis sales facility shall offer for sale containers for the storage of cannabis and cannabis products which lock and are designed to prohibit children from unlocking and opening the container.  6. A cannabis sales facility shall:  (a) Include a written notification with each sale of cannabis or cannabis products which advises the purchaser:  (1) To keep cannabis and cannabis products out of the reach of children;  (2) That cannabis products can cause severe illness in children;  (3) That allowing children to ingest cannabis or cannabis products or storing cannabis or cannabis products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;  (4) That the intoxicating effects of edible cannabis products may be delayed by 2 hours or more and users of edible cannabis products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;  (5) That pregnant women should consult with a physician before ingesting cannabis or cannabis products;  (6) That ingesting cannabis or cannabis products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;  (7) That cannabis or cannabis products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of cannabis or cannabis products; and  (8) That ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.  (b) Enclose all cannabis and cannabis products in opaque, child-resistant packaging upon sale.  7. A cannabis sales facility shall allow any person who is at least 21 years of age to enter the premises of the cannabis sales facility.  8. If the health authority, as defined in NRS 446.050, where a cannabis production facility or cannabis sales facility which sells edible cannabis products is located requires persons who handle food at a food establishment to obtain certification, the cannabis production facility or cannabis sales facility shall ensure that at least one employee maintains such certification.  9. A cannabis production facility may sell a commodity or product made using hemp, as defined in NRS 557.160, or containing cannabidiol to a cannabis sales facility.  10. In addition to any other product authorized by the provisions of this title, a cannabis sales facility may sell:  (a) Any commodity or product made using hemp, as defined in NRS 557.160;  (b) Any commodity or product containing cannabidiol with a THC concentration of not more than 0.3 percent; and  (c) Any other product specified by regulation of the Board.  11. A cannabis establishment:  (a) Shall not engage in advertising which contains any statement or illustration that:  (1) Is false or misleading;  (2) Promotes overconsumption of cannabis or cannabis products;  (3) Depicts the actual consumption of cannabis or cannabis products; or  (4) Depicts a child or other person who is less than 21 years of age consuming cannabis or cannabis products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of cannabis or cannabis products by a person who is less than 21 years of age.  (b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.  (c) Shall not place an advertisement:  (1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;  (2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation;  (3) At a sports event to which persons who are less than 21 years of age are allowed entry; or  (4) At an entertainment event if it is reasonably estimated that 30 percent or more of the persons who will attend that event are less than 21 years of age.  (d) Shall not advertise or offer any cannabis or cannabis product as "free" or "donated" without a purchase.  (e) Shall ensure that all advertising by the cannabis establishment contains such warnings as may be prescribed by the Board, which must include, without limitation, the following words:  (1) "Keep out of reach of children"; and  (2) "For use only by adults 21 years of age and older."  12. Nothing in subsection 11 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to cannabis which is more restrictive than the provisions of subsection 11 relating to:  (a) The number, location and size of signs, including, without limitation, any signs carried or displayed by a natural person;  (b) Handbills, pamphlets, cards or other types of advertisements that are distributed, excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media;  (c) Any stationary or moving display that is located on or near the premises of a cannabis establishment; and  (d) The content of any advertisement used by a cannabis establishment if the ordinance sets forth specific prohibited content for such an advertisement.  13. If a cannabis establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the cannabis establishment shall maintain documentation for not less than 5 years after the date on which the advertisement is first broadcasted, published or otherwise displayed that demonstrates the manner in which the cannabis establishment determined the reasonably expected age of the audience for that advertisement.   14. In addition to any other penalties provided for by law, the Board may impose a civil penalty upon a cannabis establishment that violates the provisions of subsection 11 or 13 as follows:  (a) For the first violation in the immediately preceding 2 years, a civil penalty not to exceed $1,250.  (b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $2,500.  (c) For the third violation in the immediately preceding 2 years, a civil penalty not to exceed $5,000.  (d) For the fourth violation in the immediately preceding 2 years, a civil penalty not to exceed $10,000.  15. As used in this section, "motor vehicle used for public transportation" does not include a taxicab, as defined in NRS 706.124.  (Added to NRS by 2019, 3807, effective July 1, 2020)