NV Rev Stat § 453D.310 (2021)
2021 Nevada Revised Statutes|Chapter 453D - Regulation and Taxation of Marijuana|NRS 453D.310 - Requirements and restrictions concerning sale and advertising of marijuana products; requirements on marijuana product manufacturing facility and retail marijuana store; local government not prohibited from adopting more restrictive regulation concerning advertising; civil penalties. [Effective January 1, 2020, through June 30, 2020.]

  1. Each retail marijuana store and marijuana product manufacturing facility shall, in consultation with the Department, cooperate to ensure that all marijuana products offered for sale:  (a) Are labeled clearly and unambiguously:  (1) As marijuana with the words "THIS IS A MARIJUANA PRODUCT" in bold type; and   (2) As required by this chapter 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 marijuana product manufacturing 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 number of servings of THC in the product, measured in servings of a maximum of 10 milligrams per serving, 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 marijuana product must be sold in a single package. A single package must not contain:  (a) For a marijuana product sold as a capsule, more than 100 milligrams of THC per capsule or more than 800 milligrams of THC per package.  (b) For a marijuana product sold as a tincture, more than 800 milligrams of THC.  (c) For a marijuana product sold as a food product, more than 100 milligrams of THC.  (d) For a marijuana product sold as a topical product, a concentration of more than 6 percent THC or more than 800 milligrams of THC per package.  (e) For a marijuana product sold as a suppository or transdermal patch, more than 100 milligrams of THC per suppository or transdermal patch or more than 800 milligrams of THC per package.  (f) For any other marijuana product, more than 800 milligrams of THC.  3. A marijuana product manufacturing facility shall not produce marijuana products in any form that:  (a) Is or appears to be a lollipop or ice cream.  (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 marijuana to a commercially available candy or snack food item other than dried fruit, nuts or granola.  4. A marijuana product manufacturing facility shall:  (a) Seal any marijuana product that consists of cookies or brownies in a bag or other container which is not transparent.  (b) Affix a label to each marijuana product intended for human consumption by oral ingestion 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 marijuana product;  (3) A list of all allergens in the marijuana product; and  (4) The total weight of marijuana contained in the 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 marijuana products intended for human consumption by oral ingestion are cooked or otherwise prepared.  (d) Require each person who handles marijuana products intended for human consumption by oral ingestion to wear a hair net and clean clothing and keep his or her fingernails neatly trimmed.  (e) Package all marijuana products produced by the marijuana product manufacturing facility on the premises of the marijuana product manufacturing facility.  5. A retail marijuana store or marijuana product manufacturing facility shall not engage in advertising that in any way makes marijuana or marijuana products appeal to children, including, without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.  6. Each retail marijuana store shall offer for sale containers for the storage of marijuana and marijuana products which lock and are designed to prohibit children from unlocking and opening the container.  7. A retail marijuana store shall:  (a) Include a written notification with each sale of marijuana or marijuana products which advises the purchaser:  (1) To keep marijuana and marijuana products out of the reach of children;  (2) That marijuana and marijuana products can cause severe illness in children;  (3) That allowing children to ingest marijuana or marijuana products, or storing marijuana or 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 marijuana products may be delayed by 2 hours or more and users of 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 marijuana products;  (6) That ingesting marijuana or 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 marijuana products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of marijuana or marijuana products; and  (8) That ingestion of any amount of marijuana or marijuana products before driving may result in criminal prosecution for driving under the influence.  (b) Enclose all marijuana and marijuana products in opaque, child-resistant packaging upon sale.  8. If the health authority, as defined in NRS 446.050, where a marijuana product manufacturing facility or retail marijuana store which sells marijuana products intended for human consumption by oral ingestion is located requires persons who handle food at a food establishment to obtain certification, the marijuana product manufacturing facility or retail marijuana store shall ensure that at least one employee maintains such certification.  9. A 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 or marijuana products;  (3) Depicts the actual consumption of marijuana or marijuana products; or  (4) Depicts a child or other person who is less than 21 years of age consuming marijuana or marijuana 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 or marijuana 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 or marijuana product as "free" or "donated" without a purchase.  (e) Shall ensure that all advertising by the 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 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 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 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 marijuana establishment; and  (d) The content of any advertisement used by a marijuana establishment if the ordinance sets forth specific prohibited content for such an advertisement.  12. In addition to any other penalties provided for by law, the Department may impose a civil penalty upon a 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.  13. 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 2017, 3665, effective January 1, 2020; A 2019, 2342; R 2019, 3896, effective July 1, 2020)