reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.480 - Audits of licensees; standards for audits; annual report.

1. As often as the Board deems necessary, the Board shall conduct a financial or operational audit of the accounts, funds, programs, activities and functions of all licensees. As often as the Department deems necessary, the Department of Taxation shall conduct a tax audit of all licensees.
2. A licensee shall make available to the Board or Department of Taxation, as applicable, all books, accounts, claims, reports, vouchers and other records requested by the Board or Department in connection with an audit conducted pursuant to subsection 1.
3. If a licensee refuses to produce any of the records described in subsection 2, the Board or Department of Taxation, as applicable, may petition the district court to order the licensee to produce the requested records. The court shall order the production of all such records upon a finding that the requested records are within the scope of the audit.
4. If any audit report of the accounts, funds, programs, activities and functions of a licensee contains adverse or critical audit results, the Board or Department of Taxation, as applicable, may require the licensee subject to the audit to respond, in writing, to the results of the audit. A licensee shall provide such response to the Board or Department not more than 15 days after receiving a request from the Board or Department.
5. On or before April 1 of each year, the Board and the Department of Taxation shall submit to the Director of the Legislative Counsel Bureau a report concerning the audits conducted pursuant to this section for the preceding year. The report must include, without limitation:
(a) The number of audits performed pursuant to this section in the preceding year;
(b) A summary of the findings of the audits; and
(c) The cost of each audit.
(Added to NRS by 2019, 3783)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.500 - Filing and review of complaints; authority of Executive Director to retain Attorney General to investigate complaints.

1. If the Executive Director becomes aware that a licensee or registrant has violated, is violating or is about to violate any provision of this title or any regulation adopted pursuant thereto, the Executive Director may transmit the details of the suspected violation, along with any further facts or information related to the violation which are known to the Executive Director, to the Attorney General.
2. If any person other than the Executive Director becomes aware that a licensee or registrant has violated, is violating or is about to violate any provision of this title or any regulation adopted pursuant thereto, the person may file a written complaint with the Executive Director specifying the relevant facts. The Executive Director shall review each such complaint and, if the Executive Director finds the complaint not to be frivolous, may transmit the details of the suspected violation, along with any further facts or information derived from the review of the complaint to the Attorney General.
3. The employees of the Board who are certified by the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500 shall cooperate with the Attorney General in the performance of any criminal investigation.
(Added to NRS by 2019, 3784)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.510 - Investigation of complaint by Attorney General; recommendation to Executive Director; action by Board.

1. If the Executive Director transmits the details of a suspected violation to the Attorney General pursuant to NRS 678A.500, the Attorney General shall conduct an investigation of the suspected violation to determine whether it warrants proceedings for disciplinary action of the licensee or registrant. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Executive Director in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint. The Executive Director shall transmit the recommendation and other information received from the Attorney General to the Board.
2. The Board shall promptly make a determination with respect to each complaint resulting in an investigation by the Attorney General. The Board shall:
(a) Dismiss the complaint;
(b) Enter into a consent or settlement agreement with the licensee or registrant pursuant to NRS 678A.645; or
(c) Proceed with appropriate disciplinary action in accordance with NRS 678A.520 to 678A.600, inclusive, chapter 233B of NRS and the regulations adopted by the Board. In determining the disciplinary action to impose the Board shall consider mitigating factors pursuant to NRS 678A.647.
(Added to NRS by 2019, 3784; A 2023, 2532, 2714)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.530 - Hearings: Subpoenas; payment of fees, subsistence and transportation for witness.

Before a hearing before the Board, and during a hearing upon reasonable cause shown, the Board shall issue subpoenas and subpoenas duces tecum at the request of a party. All witnesses appearing pursuant to subpoena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized for state officers and employees for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpoenaed. The Board may award as costs the amount of all such expenses to the prevailing party.
(Added to NRS by 2019, 3785; A 2021, 3148)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.550 - Hearings: Members present; reporting of proceedings.

The following procedures apply at all hearings of the Board:
1. At least three members of the Board shall be present at every hearing, and they shall exercise all powers relating to the conduct of the hearing and shall enforce all decisions with respect thereto.
2. The proceedings at the hearing must be reported either stenographically or by a phonographic reporter.
(Added to NRS by 2019, 3787)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.570 - Hearings: Amended or supplemental pleadings.

The Board may, before submission of the case for decision, permit the filing of amended or supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity for objections thereto.
(Added to NRS by 2019, 3787)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.580 - Hearings: Contempt.

If any person in proceedings before the Board disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the Board may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why the person should not be punished as for contempt. The court order and a copy of the statement of the Board must be served on the person cited to appear. Thereafter the court has jurisdiction of the matter, and the same proceedings must be had, the same penalties may be imposed and the person charged may purge himself or herself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
(Added to NRS by 2019, 3787)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.590 - Hearings: Written decision and order of Board; rehearings.

1. Within 60 days after the hearing of a contested matter, the Board shall render a written decision on the merits. Except as otherwise provided in subsection 5 of NRS 233B.121, the written decision must contain findings of fact and conclusions of law which are separately stated, a determination of the issues presented and the penalty to be imposed, if any. If the Board determines that the licensee or registrant has violated any provision of this title or any regulation adopted pursuant thereto, the written decision must set forth the determination of the Board as to whether any of the mitigating circumstances required to be considered by the Board pursuant to NRS 678A.600 exist and, if so, the weight given to each mitigating circumstance in determining the appropriate action to be taken pursuant to that section. The Board shall thereafter make and enter its written order in conformity to its decision. No member of the Board who did not hear the evidence may vote on the decision. The affirmative votes of a majority of the whole Board are required to impose any penalty. Copies of the decision and order must be served on the parties personally or sent to them by registered or certified mail. The decision is effective upon such service, unless the Board orders otherwise.
2. The Board may, upon motion made within 15 days after service of a decision and order, order a rehearing before the Board upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. The motion must not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the Board, and that sufficient reason existed for failure to present the evidence at the hearing of the Board. The motion must be supported by an affidavit of the moving party or his or her counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence must be permitted. After rehearing, the Board may modify its decision and order as the additional evidence may warrant.
(Added to NRS by 2019, 3787; A 2023, 2534, 2716)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.600 - Penalties; consideration of mitigating circumstances required in determining appropriate action.

1. If the Board finds that a licensee or registrant has violated a provision of this title or any regulation adopted pursuant thereto, the Board may:
(a) Limit, condition, suspend or revoke the license or registration card of the licensee or registrant;
(b) Impose a civil penalty in an amount established by regulation, not to exceed $20,000 for a single violation;
(c) Take any combination of the actions authorized by paragraphs (a) and (b);
(d) Issue a warning to the licensee or registrant; or
(e) Take no action against the licensee or registrant.
2. In determining the appropriate action to be taken against a licensee or registrant pursuant to this section, including, without limitation, the amount of any civil penalty imposed, the Board shall consider whether any of the mitigating circumstances set forth in NRS 678A.647 exist.
(Added to NRS by 2019, 3788; A 2023, 2717)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.610 - Judicial review.

Any person aggrieved by a final decision or order of the Board made after hearing or rehearing by the Board pursuant to NRS 678A.520 to 678A.600, inclusive, and whether or not a motion for rehearing was filed, is entitled to judicial review of the decision or order in the manner provided by chapter 233B of NRS.
(Added to NRS by 2019, 3788; A 2023, 2534)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.645 - Consent and settlement agreements: Conditions for entry; considerations for approval or modification; required disclosures by Board.

1. The Board may, at any time, resolve a matter involving a licensee or registrant who has allegedly violated a provision of this title or any regulation adopted pursuant thereto by entering into a consent or settlement agreement with the licensee or registrant so long as the terms of the agreement, and any modification of those terms, are discussed and approved at a meeting of the Board.
2. In determining whether to approve or modify the terms of a consent or settlement agreement pursuant to subsection 1, the Board shall consider whether any of the mitigating circumstances set forth in NRS 678A.647 exist.
3. The Board shall state on the record in any meeting in which the terms of a consent or settlement agreement are approved or modified pursuant to subsection 1:
(a) The determination of the Board as to whether any of the mitigating circumstances set forth in NRS 678A.647 exist; and
(b) If the Board determines that any of the mitigating circumstances exist, the weight given by the Board to each mitigating circumstance in determining whether to approve or modify the terms of the agreement.
4. If the terms of a consent or settlement agreement impose a civil penalty, the statement required by paragraph (b) of subsection 3 must specify the weight given by the Board to each mitigating circumstance in determining whether to approve or modify the amount of the civil penalty.
(Added to NRS by 2023, 2713)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.647 - Circumstances mitigating violation of title or regulations.

1. A violation of any provision of this title or any regulation adopted pursuant thereto may be mitigated by any of the following circumstances:
(a) The licensee or registrant self-reported the violation to the Board or an agent of the Board.
(b) For a violation committed by a licensee, the licensee has:
(1) Submitted to the Board a plan to correct the violation which has been approved by the Board or deemed approved pursuant to subsection 2; and
(2) Taken action to correct the violation.
(c) The licensee or registrant has made a good faith effort to prevent violations from occurring, including, without limitation, by:
(1) Providing regular training to the employees of the licensee or registrant which has been documented and which was provided before the commencement of an investigation by the Board concerning the violation; or
(2) Establishing, before the commencement of an investigation by the Board concerning the violation, standard operating procedures that include procedures which directly address the conduct constituting the violation.
(d) The licensee or registrant has cooperated in the investigation of the violation in such a manner as to demonstrate that the licensee or registrant accepts responsibility for the violation.
(e) Any other mitigating circumstance established by the Board by regulation exists.
2. For the purposes of subparagraph (1) of paragraph (b) of subsection 1, if a licensee has submitted a plan to correct a violation and the Board does not take action to approve or reject the plan within 30 days after the date on which the plan was submitted, the plan shall be deemed to be approved by the appropriate agent of the Board.
(Added to NRS by 2023, 2714)
2023 Nevada Revised Statutes › Chapter 678A - Administration of Laws Relating to Cannabis › NRS 678A.650 - Civil penalties; action by district attorney or city attorney; deposit of civil penalties; injunctions.

1. A person who does not hold a license and who, in violation of the provisions of this title:
(a) Cultivates, delivers, transfers, supplies or sells cannabis;
(b) Manufactures, delivers, transfers, supplies or sells cannabis products; or
(c) Advertises the sale of cannabis or cannabis products by the person,
is liable for a civil penalty of not more than $50,000 to be recovered in an action brought by the district attorney or city attorney for the jurisdiction in which the violation occurred. Any civil penalty collected by a district attorney or city attorney pursuant to this section must be deposited in the county or city treasury, as applicable.
2. The district attorney or city attorney of any county or city, respectively, in which a person engages in any of the conduct described in subsection 1 in violation of the provisions of this title may bring an action to enjoin the violation.
(Added to NRS by 2021, 2140)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.010 - Legislative findings and declarations.

The Legislature hereby finds and declares that:
1. The purpose for licensing cannabis establishments and registering cannabis establishment agents is to protect the public health and safety and the general welfare of the people of this State.
2. Any:
(a) Medical cannabis establishment license issued pursuant to NRS 678B.210;
(b) Adult-use cannabis establishment license issued pursuant to NRS 678B.250;
(c) Cannabis establishment agent registration card issued pursuant to NRS 678B.340;
(d) Cannabis establishment agent registration card for a cannabis executive issued pursuant to NRS 678B.350; and
(e) Cannabis establishment agent registration card for a cannabis receiver issued pursuant to NRS 678B.355,
is a revocable privilege and the holder of such a license or card, as applicable, does not acquire thereby any vested right.
(Added to NRS by 2019, 3790; A 2021, 2142)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.020 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 678B.030 to 678B.070, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 3790; A 2021, 2360)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.040 - "Enclosed, locked facility" defined.

"Enclosed, locked facility" means a closet, display case, room, greenhouse or other enclosed area that meets the requirements of NRS 678C.460 and is equipped with locks or other security devices which allow access only by a registrant.
(Added to NRS by 2019, 3790)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.050 - "Excluded felony offense" defined.

1. "Excluded felony offense" means a conviction of an offense that would constitute a category A felony if committed in this State or convictions for two or more offenses that would constitute felonies if committed in this State.
2. The term does not include:
(a) A criminal offense for which the sentence, including any term of probation, incarceration or supervised release, was completed more than 10 years ago; or
(b) An offense involving conduct that would be immune from arrest, prosecution, or penalty pursuant to this title, except that the conduct occurred before October 1, 2001, or was prosecuted by an authority other than the State of Nevada.
(Added to NRS by 2019, 3790)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.065 - "Social equity applicant" defined.

"Social equity applicant" means an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis, as determined by the Board in accordance with the regulations adopted pursuant to NRS 678B.323. Such adverse effects may include, without limitation, adverse effects on an owner or officer of the applicant.
(Added to NRS by 2021, 2357)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.070 - "Unreasonably impracticable" defined.

"Unreasonably impracticable" means the measures necessary to comply with the law or regulation require such a high investment of risk, money, time or any other resource or asset that the operation of a cannabis establishment is not worthy of being carried out in practice by a reasonably prudent businessperson.
(Added to NRS by 2019, 3790)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.200 - General qualifications for licensure or registration; regulations.

1. Any person who the Board determines is qualified to receive a license or registration card under the provisions of this chapter, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and the declared policy of this State, may be issued a license or registration card. The burden of proving an applicant’s qualification to receive any license or registration card under this chapter is on the applicant.
2. When determining whether to approve an application to receive a license or registration card, the Board may consider whether the applicant is:
(a) A person of good character, honesty and integrity;
(b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this State or to the effective regulation and control of cannabis, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of cannabis-related activities or in the carrying on of the business and financial arrangements incidental thereto; and
(c) In all other respects qualified to be issued a license or registration card consistently with the declared policy of the State.
3. An application to receive a license or registration card constitutes a request for a determination of the applicant’s general character, integrity and ability to participate or engage in, or be associated with a cannabis establishment. Any written or oral statement made in the course of an official proceeding of the Board by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
4. The Board may, by regulation establish such other qualifications for a license or registration card as it may, in its discretion, deem to be in the public interest and consistent with the declared policy of the State.
5. Any person granted a license or registration card by the Board must continue to meet the applicable standards and qualifications set forth in this section and any other qualifications established by the Board by regulation. The failure to continue to meet such standards and qualifications constitutes grounds for disciplinary action.
6. The Board shall, to the greatest extent practicable, ensure that persons who have been adversely affected by cannabis prohibition have equal opportunity to obtain licenses and registration cards and to participate in the cannabis industry in this State.
(Added to NRS by 2019, 3802)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.215 - Licensing of medical cannabis establishments: Prohibition on issuing or renewing licenses on or after January 1, 2024; exception for medical cannabis establishment located in covered jurisdiction; issuance of adult-use cannabis establishment license to holder of medical cannabis establishment license if local governmental jurisdiction ceases to be covered jurisdiction.

1. Except as otherwise provided in this section, the Board shall not, on or after January 1, 2024, issue any additional medical cannabis establishment licenses or renew a medical cannabis establishment license pursuant to NRS 678B.210.
2. The Board may, on or after January 1, 2024:
(a) Issue a medical cannabis establishment license to an applicant pursuant to NRS 678B.210 if the proposed medical cannabis establishment will be located in a local governmental jurisdiction that is a covered jurisdiction.
(b) Renew the medical cannabis establishment license of a medical cannabis establishment pursuant to NRS 678B.210 so long as the local governmental jurisdiction in which the medical cannabis establishment is located is a covered jurisdiction.
3. If a local governmental jurisdiction that is a covered jurisdiction ceases to be a covered jurisdiction, a person who holds a medical cannabis establishment license for a medical cannabis establishment located in the local governmental jurisdiction may, upon expiration of the license, submit an application to the Board for the issuance of an adult-use cannabis establishment license of the same type.
4. An application submitted pursuant to subsection 3 must:
(a) Contain the same information as required for the renewal of a medical cannabis establishment license pursuant to NRS 678B.210; and
(b) Be accompanied by a fee in an amount that is equal to the fee for the renewal of an adult-use cannabis establishment license of the same type as that of the medical cannabis establishment license which has expired, as set forth in NRS 678B.390.
5. If the Board determines that the applicant would have been eligible to renew the medical cannabis establishment license which has expired, the Board shall issue to the applicant an adult-use cannabis establishment license of the same type.
6. Except as otherwise provided in subsection 7, an adult-use cannabis establishment license issued by the Board pursuant to this section shall be deemed to be an adult-use cannabis establishment license issued by the Board pursuant to NRS 678B.250.
7. An adult-use cannabis establishment license issued by the Board pursuant to this section shall be deemed to be a medical cannabis establishment license of the same type for the purposes of NRS 678B.220, 678B.230, 678B.260 and 678B.270.
8. As used in this section:
(a) "Covered jurisdiction" means a local governmental jurisdiction that has adopted local cannabis control measures which prohibit the operation of adult-use cannabis establishments in the local governmental jurisdiction.
(b) "Local governmental jurisdiction" means a city or unincorporated area within a county.
(Added to NRS by 2023, 2557)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.220 - Licensing of medical cannabis establishments: Limitation on total number of licenses that can be issued in each jurisdiction; reallocation of licenses.

1. Except as otherwise provided in this section, NRS 678B.215 and 678B.230, the Board shall issue medical cannabis establishment licenses for medical cannabis dispensaries in the following quantities for applicants who qualify pursuant to NRS 678B.210:
(a) In a county whose population is 700,000 or more, 40 licenses;
(b) In a county whose population is 100,000 or more but less than 700,000, 10 licenses;
(c) In a county whose population is 55,000 or more but less than 100,000, two licenses;
(d) In each other county, one license; and
(e) For each incorporated city in a county whose population is less than 100,000, one license.
2. The Board:
(a) Shall not issue medical cannabis establishment licenses for medical cannabis dispensaries in such a quantity as to cause the existence within the applicable county of more than one medical cannabis dispensary for every 10 pharmacies that have been licensed in the county pursuant to chapter 639 of NRS. The Board may issue medical cannabis establishment licenses for medical cannabis dispensaries in excess of the ratio otherwise allowed pursuant to this paragraph if doing so is necessary to ensure that the Board issues at least one medical cannabis establishment license in each county of this State and, pursuant to paragraph (e) of subsection 1, each incorporated city of this State in which the Board has approved an application for such an establishment to operate.
(b) Shall, for any county for which no applicants qualify pursuant to NRS 678B.210, within 2 months after the end of the period during which the Board accepts applications pursuant to NRS 678B.300, reallocate the licenses provided for that county pursuant to subsection 1 to the other counties specified in subsection 1 in the same proportion as provided in subsection 1.
3. With respect to medical cannabis establishments that are not medical cannabis dispensaries, the Board shall:
(a) Issue a medical cannabis establishment license to at least one medical cannabis cultivation facility and at least one medical cannabis production facility in each county; and
(b) Determine the appropriate number of additional such establishments in each county as are necessary to serve and supply the medical cannabis dispensaries to which the Board has granted medical cannabis establishment licenses and issue such a number of medical cannabis establishment licenses for such establishments in each county.
(Added to NRS by 2019, 3793; A 2023, 2560)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.230 - Licensing of medical cannabis establishments in larger counties: Limitation on number of medical cannabis dispensaries located in any one governmental jurisdiction within county; limitation on number of licenses issued to any one person.

1. Except as otherwise provided in this subsection, in a county whose population is 100,000 or more, the Board shall ensure that not more than 25 percent of the total number of medical cannabis dispensaries that may be licensed in the county, as set forth in NRS 678B.220, are located in any one local governmental jurisdiction within the county. The Board may increase the percentage described in this subsection upon the request of the board of county commissioners of the county. The Board shall adopt regulations setting forth the requirements for granting such a request.
2. To prevent monopolistic practices, the Board shall ensure, in a county whose population is 100,000 or more, that it does not issue, to any one person, group of persons or entity, the greater of:
(a) One medical cannabis establishment license; or
(b) More than 10 percent of the medical cannabis establishment licenses otherwise allocable in the county.
3. As used in this section, "local governmental jurisdiction" means a city or unincorporated area within a county.
(Added to NRS by 2019, 3793)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.240 - Licensing of medical cannabis establishments: Considerations in determining whether to issue license.

1. In determining whether to issue a medical cannabis establishment license pursuant to NRS 678B.210, the Board shall, in addition to the factors set forth in that section, consider criteria of merit established by regulation of the Board. Such criteria must include, without limitation:
(a) Whether the applicant controls liquid assets in an amount determined by the Board to be sufficient to cover the initial expenses of opening the proposed medical cannabis establishment and complying with the provisions of this title;
(b) The previous experience of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment at operating other businesses or nonprofit organizations;
(c) The educational and life experience of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment;
(d) Any demonstrated knowledge or expertise on the part of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment with respect to the compassionate use of cannabis to treat medical conditions;
(e) Whether the proposed location of the proposed medical cannabis establishment would be convenient to serve the needs of persons who are authorized to engage in the medical use of cannabis;
(f) The likely impact of the proposed medical cannabis establishment on the community in which it is proposed to be located;
(g) The adequacy of the size of the proposed medical cannabis establishment to serve the needs of persons who are authorized to engage in the medical use of cannabis;
(h) Whether the applicant has an integrated plan for the care, quality and safekeeping of medical cannabis from seed to sale;
(i) The diversity on the basis of race, ethnicity, gender or veteran status of the applicant or the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment, including, without limitation, the inclusion of persons of backgrounds which are disproportionately underrepresented as owners, officers or board members of medical cannabis establishments; and
(j) Any other criteria of merit that the Board determines to be relevant.
2. The Board shall adopt regulations for determining the relative weight of each criteria of merit established by the Board pursuant to subsection 1.
(Added to NRS by 2019, 3794)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.260 - Licensing of adult-use cannabis establishments: Limitation on total number of licenses that can be issued in each jurisdiction.

1. Except as otherwise provided in this section and NRS 678B.270, the Board shall issue adult-use cannabis establishment licenses for the operation of adult-use cannabis retail stores in the following quantities for applicants who qualify pursuant to NRS 678B.250:
(a) In a county whose population is 700,000 or more, 80 licenses;
(b) In a county whose population is 100,000 or more but less than 700,000, 20 licenses;
(c) In a county whose population is 55,000 or more but less than 100,000, four licenses; and
(d) In a county whose population is less than 55,000, two licenses.
2. The Board shall, for any county for which no applicants qualify pursuant to NRS 678B.250, within 2 months after the end of the period during which the Board accepts applications pursuant to NRS 678B.300, reallocate the licenses provided for that county pursuant to subsection 1 to the other counties specified in subsection 1 in the same proportion as provided in subsection 1.
(Added to NRS by 2019, 3797)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.270 - Licensing of adult-use cannabis establishments in larger counties: Limitation on number of licenses issued to any one person; exception.

1. Except as otherwise provided in this section, to prevent monopolistic practices, the Board shall ensure, in a county whose population is 100,000 or more, that it does not issue, to any one person, group of persons or entity, the greater of:
(a) One adult-use cannabis establishment license; or
(b) More than 10 percent of the adult-use cannabis establishment licenses otherwise allocable in the county.
2. The provisions of this section do not apply to an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge.
(Added to NRS by 2019, 3797; A 2021, 2364)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.280 - Licensing of adult-use cannabis establishments: Considerations in determining whether to issue license for adult-use cannabis establishment other than cannabis consumption lounge.

1. In determining whether to issue an adult-use cannabis establishment license pursuant to NRS 678B.250, other than an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge, the Board shall, in addition to the factors set forth in that section, consider criteria of merit established by regulation of the Board. Such criteria must include, without limitation:
(a) Whether the applicant controls liquid assets in an amount determined by the Board to be sufficient to cover the initial expenses of opening the proposed adult-use cannabis establishment and complying with the provisions of this title;
(b) Whether the owners, officers or board members of the proposed adult-use cannabis establishment have direct experience with the operation of a cannabis establishment in this State and have demonstrated a record of operating such an establishment in compliance with the laws and regulations of this State for an adequate period of time to demonstrate success;
(c) The educational and life experience of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment;
(d) Whether the applicant has an integrated plan for the care, quality and safekeeping of cannabis from seed to sale;
(e) The experience of key personnel that the applicant intends to employ in operating the type of adult-use cannabis establishment for which the applicant seeks a license;
(f) The diversity on the basis of race, ethnicity or gender of the applicant or the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment, including, without limitation, the inclusion of persons of backgrounds which are disproportionately underrepresented as owners, officers or board members of adult-use cannabis establishments; and
(g) Any other criteria of merit that the Board determines to be relevant.
2. The Board shall adopt regulations for determining the relative weight of each criteria of merit established by the Board pursuant to subsection 1.
(Added to NRS by 2019, 3797; A 2021, 2364)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.290 - Cannabis independent testing laboratories.

1. The Board shall establish standards for and certify one or more cannabis independent testing laboratories to:
(a) Test cannabis for adult use and adult-use cannabis products that are to be sold in this State;
(b) Test cannabis for medical use and medical cannabis products that are to be sold in this State; and
(c) In addition to the testing described in paragraph (a) or (b), test commodities or products containing hemp, as defined in NRS 557.160, or cannabidiol which are intended for human or animal consumption and sold by a cannabis establishment or a person described in NRS 446.844.
2. Such a cannabis independent testing laboratory must be able to:
(a) Determine accurately, with respect to cannabis or cannabis products that are sold or will be sold at cannabis sales facilities in this State:
(1) The concentration therein of THC and cannabidiol.
(2) The presence and identification of microbes, molds and fungi.
(3) The composition of the tested material.
(4) The presence of chemicals in the tested material, including, without limitation, pesticides, heavy metals, herbicides or growth regulators.
(b) Demonstrate the validity and accuracy of the methods used by the cannabis independent testing laboratory to test cannabis and cannabis products.
3. To obtain a license to operate a cannabis independent testing laboratory, an applicant must:
(a) Apply successfully as required pursuant to NRS 678B.210 or 678B.250, as applicable.
(b) Pay the fees required pursuant to NRS 678B.390.
(c) Agree to become accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization within 1 year after licensure by an impartial organization that operates in accordance with standard ISO/IEC 17011 of the International Organization for Standardization and is a signatory to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation.
(Added to NRS by 2019, 3809; A 2021, 730, 3604)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.300 - Licensing of cannabis establishments: Limitation on acceptance of applications.

Except as otherwise provided in this section and subsection 3 of NRS 678B.220, the Board shall not, for more than a total of 10 business days in any 1 calendar year, accept applications to operate a cannabis establishment. The Board may by regulation prescribe longer periods in which it will accept applications to operate a cannabis establishment.
(Added to NRS by 2019, 3798)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.310 - Issuance of licenses to business entities.

1. The policy of the State of Nevada with respect to the issuance of licenses to business entities is:
(a) To broaden the opportunity for investment in the cannabis industry through the pooling of capital in the form of a business entity.
(b) To maintain effective control over cannabis establishments operated by licensees that are business entities.
(c) To restrain any speculative promotion of the stock, securities or other interests in cannabis establishments.
2. The Board may adopt regulations prescribing requirements for the issuances of licenses to business entities and standards for licensees that are business entities which are more stringent than the requirements and standards otherwise set forth in this chapter. Such regulations must be consistent with:
(a) The policy of this State set forth in subsection 1 and NRS 678A.005.
(b) The provisions of this chapter which provide for more stringent requirements and standards for a registrant that holds an ownership interest of 5 percent or more in a cannabis establishment.
(Added to NRS by 2019, 3803)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.320 - Licensing of cannabis establishments: Licenses deemed conditional pending compliance with local requirements.

1. In a local governmental jurisdiction that issues business licenses, the issuance by the Board of license shall be deemed to be conditional until such time as:
(a) The cannabis establishment is in compliance with all applicable local governmental ordinances or rules; and
(b) The local government has issued a business license for the operation of the establishment.
2. The Board shall adopt regulations:
(a) Requiring the surrender of a conditional license if a cannabis establishment does not satisfy the requirements of subsection 1 within a period of time determined by the Board; and
(b) Authorizing a cannabis establishment to request an extension of the period of time established pursuant to paragraph (a) as a result of factors outside of the control of the cannabis establishment that cause a delay in satisfying the requirements of subsection 1.
3. As used in this section, "local governmental jurisdiction" means a city or unincorporated area within a county.
(Added to NRS by 2019, 3798)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.322 - Licensing of cannabis consumption lounges: Requirements for retail cannabis consumption lounge.

1. The Board shall not issue an adult-use cannabis establishment license for a retail cannabis consumption lounge pursuant to NRS 678B.250 unless:
(a) The applicant holds an adult-use cannabis establishment license for an adult-use cannabis retail store;
(b) The adult-use cannabis retail store for which the applicant holds an adult-use cannabis establishment license is operational; and
(c) The location of the proposed retail cannabis consumption lounge is attached or immediately adjacent to the adult-use cannabis retail store for which the applicant holds an adult-use cannabis establishment license.
2. The location of a proposed retail cannabis consumption lounge:
(a) Except as otherwise provided in paragraph (b), is not subject to the restrictions set forth in sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 678B.250 so long as the adult-use cannabis retail store to which the proposed retail cannabis consumption lounge is to be attached or immediately adjacent was in compliance with such requirements at the time it was issued an adult-use cannabis establishment license; and
(b) Must not be on the property of an airport.
(Added to NRS by 2021, 2357)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.323 - Licensing of cannabis consumption lounges: Regulations establishing criteria for determination of social equity applicant.

1. The Board shall adopt regulations establishing criteria to be used by the Board for determining whether an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge qualifies as a social equity applicant for the purposes of this chapter.
2. The regulations adopted pursuant to subsection 1 must establish the minimum percentage of ownership in a proposed independent cannabis consumption lounge which will be held by a person or group of persons who have been adversely affected by provisions of previous laws which criminalized activity relating to cannabis for the applicant to qualify as a social equity applicant.
(Added to NRS by 2021, 2358)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.324 - Licensing of cannabis consumption lounges: Regulations establishing criteria of merit and scoring guidelines for evaluating applications.

1. The Board shall adopt regulations establishing criteria of merit and scoring guidelines to be used by the Board in evaluating applications for the issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge pursuant to NRS 678B.250.
2. In determining whether to issue an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge pursuant to NRS 678B.250, the Board shall, in addition to the factors set forth in that section, consider the criteria of merit and scoring guidelines established pursuant to subsection 1.
3. The scoring guidelines established pursuant to subsection 1 must establish a minimum required score for the issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge.
4. The criteria of merit established pursuant to subsection 1 must include, without limitation:
(a) For a proposed independent cannabis consumption lounge:
(1) The diversity on the basis of race, ethnicity or gender of the applicant or the persons who are proposed to be owners or officers of the proposed independent cannabis consumption lounge; and
(2) Whether the applicant qualifies as a social equity applicant; and
(b) Any other criteria of merit that the Board determines to be relevant.
(Added to NRS by 2021, 2358)
2023 Nevada Revised Statutes › Chapter 678B - Licensing and Control of Cannabis › NRS 678B.325 - Licensing of cannabis consumption lounges: Issuance of adult-use cannabis establishment license for retail store and independent cannabis consumption lounge to one person prohibited.

The Board shall not issue to any one person both an adult-use cannabis establishment license for an adult-use cannabis retail store and an adult-use cannabis establishment license for an independent cannabis consumption lounge.
(Added to NRS by 2021, 2358)