NV Rev Stat § 453A.210 (2021)
2021 Nevada Revised Statutes|Chapter 453A - Medical Use of Marijuana|NRS 453A.210 - Registry identification cards and letters of approval: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card or letter pending approval or denial of application; provider of health care required to maintain documentation of application. [Effective through June 30, 2020.]

  1. The Division shall establish and maintain a program for the issuance of registry identification cards and letters of approval to persons who meet the requirements of this section.  2. Except as otherwise provided in subsections 3 and 5 and NRS 453A.225, the Division or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Division accompanied by the following:  (a) A signature from the person’s attending provider of health care affirming that:  (1) The person has been diagnosed with a chronic or debilitating medical condition;  (2) The medical use of marijuana may mitigate the symptoms or effects of that condition;  (3) The attending provider of health care has explained the possible risks and benefits of the medical use of marijuana; and  (4) The attending provider of health care will keep, in the files maintained by the attending provider of health care for the person, valid, written documentation and make such written documentation available to the Division upon request;  (b) The name, address, telephone number and date of birth of the person;  (c) Proof satisfactory to the Division that the person is a resident of this State;  (d) The name, address and telephone number of the person’s attending provider of health care;  (e) If the person elects to designate a primary caregiver at the time of application:  (1) The name, address and telephone number of the designated primary caregiver; and  (2) A signature from the person’s attending provider of health care affirming that the attending provider of health care approves of the designation of the primary caregiver; and  (f) If the person elects to designate a medical marijuana dispensary at the time of application, the name of the medical marijuana dispensary.  3. The Division or its designee shall issue a registry identification card to a person who is at least 10 years of age but less than 18 years of age or a letter of approval to a person who is less than 10 years of age if:  (a) The person submits the materials required pursuant to subsection 2; and  (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:  (1) The attending provider of health care of the person under 18 years of age is a physician licensed pursuant to chapter 630 or 633 of NRS and has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;  (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;  (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and  (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.  4. Upon receipt of an application that is completed and submitted pursuant to this section, the Division shall:  (a) Record on the application the date on which it was received;   (b) Retain one copy of the application for the records of the Division; and  (c) Distribute copies of the application in the following manner:  (1) One copy to the person who submitted the application;  (2) One copy to the applicant’s designated primary caregiver, if any; and  (3) One copy to the professional licensing board that has issued a license or certification to the attending provider of health care.  The applicable professional licensing board shall report to the Division its findings as to the licensure or certification, as applicable, and standing of the applicant’s attending provider of health care within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c).  5. The Division shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within the period of time specified by the Division by regulation. The Division may contact an applicant, the applicant’s attending provider of health care and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Division may deny an application only on the following grounds:  (a) The applicant failed to provide the information required pursuant to subsections 2 and 3;   (b) The applicant failed to comply with regulations adopted by the Division, including, without limitation, the regulations adopted by the Administrator of the Division pursuant to NRS 453A.740;  (c) The Division determines that the information provided by the applicant was falsified;  (d) The Division determines that the attending provider of health care of the applicant is not licensed or certified in this State or is not in good standing, as reported by the applicable professional licensing board;  (e) The Division has prohibited the applicant from obtaining or using a registry identification card or letter of approval pursuant to subsection 2 of NRS 453A.300;  (f) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has had a registry identification card or letter of approval revoked pursuant to NRS 453A.225; or  (g) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.  6. The decision of the Division to deny an application for a registry identification card or letter of approval is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Division. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.  7. A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.  8. Except as otherwise provided in this subsection, if a person has applied for a registry identification card or letter of approval pursuant to this section and the Division has not yet approved or denied the application, the person, and the person’s designated primary caregiver, if any, shall be deemed to hold a registry identification card or letter of approval and may present a copy of the application provided to him or her pursuant to subsection 4 as proof that the person is deemed to hold a registry identification card to any person, including, without limitation, a law enforcement officer or a medical marijuana establishment agent at a medical marijuana dispensary.  9. An attending provider of health care who signs an application pursuant to subsection 2 for a patient shall maintain valid, written documentation in the file the attending provider of health care maintains for the patient and make such written documentation available to the Division upon request.  10. As used in this section, "resident" has the meaning ascribed to it in NRS 483.141.  (Added to NRS by 2001, 3056; A 2003, 1431; 2005, 686; 2009, 618; 2013, 3719; 2015, 3094; 2017, 3682; R 2019, 3896, effective July 1, 2020)