NV Rev Stat § 453A.360 (2021)
2021 Nevada Revised Statutes|Chapter 453A - Medical Use of Marijuana|NRS 453A.360 - Requirements concerning edible marijuana products and marijuana-infused products; additional duties of medical marijuana dispensary and facility for production of edible marijuana products or marijuana-infused products; prohibited advertising; civil penalties. [Effective January 2, 2020, through June 30, 2020.]

  1. Each medical marijuana dispensary and facility for the production of edible marijuana products or marijuana-infused products shall, in consultation with the Department, cooperate to ensure that all edible marijuana products and marijuana-infused products offered for sale:  (a) Are labeled clearly and unambiguously:  (1) As medical marijuana with the words "THIS IS A MEDICAL MARIJUANA PRODUCT" in bold type; and   (2) As required by NRS 453A.320 to 453A.370, inclusive, and any regulations adopted pursuant thereto.  (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 facility for the production of edible marijuana products or marijuana-infused products 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 marijuana and its potency was tested with an allowable variance of the amount determined by the Department by regulation.  (g) Are not labeled or marketed as candy.  2. A facility for the production of edible marijuana products or marijuana-infused products shall not produce edible marijuana 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 facility for the production of edible marijuana products or marijuana-infused products shall:  (a) Seal any edible marijuana product that consists of cookies or brownies in a bag or other container which is not transparent.  (b) Affix a label to each edible marijuana 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 edible marijuana product;  (3) A list of all allergens in the edible marijuana product; and  (4) The total weight of marijuana contained in the edible marijuana product or an equivalent measure of THC concentration.  (c) Maintain a washing area with hot water, soap and a hand dryer or disposable towels which is located away from any area in which edible marijuana products are cooked or otherwise prepared.  (d) Require each person who handles edible marijuana products to wear a hair net and clean clothing and keep his or her fingernails neatly trimmed.  (e) Package all edible marijuana products or marijuana-infused products produced by the facility for the production of edible marijuana products or marijuana-infused products on the premises of the facility for the production of edible marijuana products or marijuana-infused products.  4. A medical marijuana dispensary or facility for the production of edible marijuana products or marijuana-infused products shall not engage in advertising that in any way makes marijuana, edible marijuana products or marijuana-infused 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 medical marijuana dispensary shall offer for sale containers for the storage of marijuana, edible marijuana products and marijuana-infused products which lock and are designed to prohibit children from unlocking and opening the container.  6. A medical marijuana dispensary shall:  (a) Include a written notification with each sale of marijuana, edible marijuana products or marijuana-infused products which advises the purchaser:  (1) To keep marijuana, edible marijuana products and marijuana-infused products out of the reach of children;  (2) That edible marijuana products can cause severe illness in children;  (3) That allowing children to ingest marijuana or edible marijuana products or storing marijuana or edible marijuana 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 marijuana products may be delayed by 2 hours or more and users of edible marijuana 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 marijuana or edible marijuana products;  (6) That ingesting marijuana or edible marijuana 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 marijuana or edible marijuana products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of marijuana or edible marijuana products; and  (8) That ingestion of any amount of marijuana or edible marijuana products before driving may result in criminal prosecution for driving under the influence.  (b) Enclose all marijuana, edible marijuana products and marijuana-infused products in opaque, child-resistant packaging upon sale.  7. A medical marijuana dispensary shall allow any person who is at least 21 years of age to enter the premises of the medical marijuana dispensary, regardless of whether such a person holds a valid registry identification card or letter of approval.  8. If the health authority, as defined in NRS 446.050, where a facility for the production of edible marijuana products or marijuana-infused products or medical marijuana dispensary which sells edible marijuana products is located requires persons who handle food at a food establishment to obtain certification, the facility for the production of edible marijuana products or marijuana-infused products or medical marijuana dispensary shall ensure that at least one employee maintains such certification.  9. A medical marijuana establishment:  (a) Shall not engage in advertising which contains any statement or illustration that:   (1) Is false or misleading;  (2) Promotes overconsumption of marijuana, edible marijuana products or marijuana-infused products;  (3) Depicts the actual consumption of marijuana, edible marijuana products or marijuana-infused products; or  (4) Depicts a child or other person who is less than 21 years of age consuming marijuana, edible marijuana products or marijuana-infused 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 marijuana, edible marijuana products or marijuana-infused 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 entertainment event are less than 21 years of age.  (d) Shall not advertise or offer any marijuana, edible marijuana product or marijuana-infused product as "free" or "donated" without a purchase.  (e) Shall ensure that all advertising by the medical marijuana establishment contains such warnings as may be prescribed by the Department, 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."  10. If a medical marijuana 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 medical marijuana 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 medical marijuana establishment determined the reasonably expected age of the audience for that advertisement.  11. Nothing in subsection 9 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 marijuana which is more restrictive than the provisions of subsection 9 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 medical marijuana establishment; and  (d) The content of any advertisement used by a medical marijuana establishment if the ordinance sets forth specific prohibited content for such an advertisement.  12. The Department shall not require a medical marijuana establishment to obtain the approval of the Department before using a logo, sign or advertisement.  13. In addition to any other penalties provided for by law, the Department may impose a civil penalty upon a medical marijuana establishment that violates the provisions of subsection 9 or 10 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.  14. 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 2013, 3714; A 2017, 3663, 3704, 3758; 2019, 2332, effective January 2, 2020; R 2019, 3896, effective July 1, 2020)