reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 453 - Controlled Substances › CONTROL › Section 453.480 - Maintenance of files of prescriptions

Current through June 11, 2024
In maintaining files of prescriptions, a pharmacy or dispensing
				practitioner must elect one of the following options:
1. To maintain two files:
(a) One file for substances in schedule II;
			 and
(b) The other file for
			 substances in schedules III, IV and V and for noncontrolled substances if the
			 prescriptions for controlled substances are:
(1) Stamped in the lower right-hand corner
			 with the letter "C" in red ink at least 1 inch in height; or
(2) Not stamped because the pharmacy uses a
			 computerized system to record information concerning prescriptions that meets
			 the requirements of
			 21 C.F.R. §
											1304.04(h)(2).
Nevada Administrative Code › Chapter 453 - Controlled Substances › CONTROL › Section 453.485 - Records to be maintained by pharmacist

Current through June 11, 2024
1. A pharmacist
			 shall maintain the following records in connection with any sale of supplies of
			 controlled substances to a practitioner:
(a)
			 The form numbered 222 of the Drug Enforcement Administration or the order, if
			 the drug is a schedule III, IV or V controlled substance, presented in
			 connection with the purchase. The form or order must contain the following
			 information:
(1) The name of the
			 practitioner, and his or her address if it is not immediately available to the
			 pharmacist.
(2) The classification
			 of the practitioner's license.
(3)
			 The name, strength and quantity of the drug supplied.
(4) The date of issue.
Nevada Administrative Code › Chapter 453 - Controlled Substances › CONTROL › Section 453.488 - Lost or stolen order forms

Current through June 11, 2024
If an order form of the Drug Enforcement Administration (DEA
				222) has been lost by or stolen from a pharmacy, a pharmacist employed by the
				pharmacy shall immediately upon discovery of the loss or theft report the loss
				or theft to the Office of Diversion Control, Drug Enforcement Administration,
				Los Angeles Field Division, 255 East Temple Street, 20th Floor, Los Angeles,
				California 90012, (888) 415-9822, in accordance with the provisions of
				21 C.F.R. §
									1305.12(b).
Added to NAC by Bd. of
				Pharmacy by R029-98, eff. 4-17-98
NRS 453.221,
				  453.246,
				  639.070
Nevada Administrative Code › Chapter 453 - Controlled Substances › CONTROL › Section 453.490 - Dispensing of controlled substances which are not prescription drugs

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 3, a controlled substance listed in schedule V, and a controlled substance
			 listed in schedule II, III or IV which is not a prescription drug as determined
			 under the Federal Food, Drug and Cosmetic Act, may be dispensed by a pharmacist
			 without a prescription to a purchaser at retail, if:
(a) The dispensing is only by a
			 pharmacist;
(b) Not more than 60 cc
			 (or 2 ounces) of the controlled substance is distributed to the same purchaser
			 in any 48-hour period;
(c) The
			 purchaser is at least 21 years of age;
(d) The pharmacist requires the purchaser who
			 is not known to him or her to furnish suitable identification, including proof
			 of age where appropriate;
(e) The
			 pharmacist maintains a bound book to record the dispensing of controlled
			 substances other than by prescription, and the book contains:
(1) The name and address of the
			 purchaser;
(2) The name and
			 quantity of controlled substance purchased;
(3) The date of each purchase; and
(4) The name or initials of the pharmacist
			 who dispensed the substance to the purchaser; and
(f) A prescription for dispensing or the
			 distribution of the substance is not required by any federal, state or local
			 law.
Nevada Administrative Code › Chapter 453 - Controlled Substances › SCHEDULES OF CONTROLLED SUBSTANCES › Section 453.520 - Schedule II

Current through June 11, 2024
1. Schedule II consists of the drugs listed
			 in this section, by whatever official, common, usual, chemical or trade name
			 designated.
2. Unless specifically
			 excepted or unless listed in another schedule, any of the following substances,
			 whether produced directly or indirectly by extraction from substances of
			 vegetable origin, or independently by means of chemical synthesis, or by
			 combination of extraction and chemical synthesis, is hereby enumerated in
			 schedule II:
(a) Opium and opiate, and any
			 salt, compound, derivative or preparation of opium or opiate, excluding
			 apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,
			 naloxone and naltrexone, and their respective salts, but including:
Codeine;
Diprenorphine;
Ethylmorphine;
Etorphine hydrochloride;
Granulated opium;
Hydrocodone;
Hydrocodone combination product (meaning any product that
				contains hydrocodone in combination with any other active ingredient);
Hydromorphone;
Metopon;
Morphine;
Opium extracts;
Opium fluid;
Powdered opium;
Raw opium;
Oxycodone;
Oxymorphone;
Thebaine; and
Tincture of opium.
(b) Any salt, compound, isomer, derivative or
			 preparation thereof which is chemically equivalent or identical with any of the
			 substances referred to in paragraph (a) if they do not include the isoquinoline
			 alkaloids of opium.
(c) Opium poppy
			 and poppy straw.
(d) Cocaine
			 hydrochloride salt prepared by a registered chemical or pharmaceutical
			 manufacturer of the Drug Enforcement Administration of the Department of
			 Justice which is properly labeled, including lot numbers, and is available for
			 medicinal purposes through a distribution system approved by the Drug
			 Enforcement Administration.
(e)
			 Benzolyecgonine or ecgonine.
(f)
			 Concentrate of poppy straw (meaning the crude extract of poppy straw in either
			 liquid, solid or powder form and containing the phenanthrene alkaloids of the
			 opium poppy).
Nevada Administrative Code › Chapter 453 - Controlled Substances › SCHEDULES OF CONTROLLED SUBSTANCES › Section 453.530 - Schedule III

Current through June 11, 2024
1. Schedule III consists of the drugs and
			 other substances listed in this section, by whatever official, common, usual,
			 chemical or trade name designated.
2. Unless specifically excepted or unless
			 listed in another schedule, any material, compound, mixture or preparation
			 which contains any quantity of the following substances having a stimulant
			 effect on the central nervous system, including their salts, isomers and salts
			 of such isomers, whenever the existence of such salts, isomers and salts of
			 isomers is possible within the specific chemical designation, is hereby
			 enumerated on schedule III, including:
(a)
			 Those compounds, mixtures or preparations in dosage unit form containing any
			 substance listed in schedule II which has a stimulant effect on the central
			 nervous system, which compounds, mixtures or preparations were listed on August
			 25, 1971, as excepted compounds under the regulations of the Drug Enforcement
			 Administration of the United States Department of Justice, and any other drug
			 of the same quantitative composition as a drug shown on the list or which is
			 the same except that it contains a lesser quantity of controlled
			 substances;
(b)
			 Benzphetamine;
(c)
			 Chlorphentermine;
(d) Clortermine;
			 or
(e) Phendimetrazine.
For the purposes of this subsection, "isomer" includes the
				optical, position or geometric isomer.
Nevada Administrative Code › Chapter 453 - Controlled Substances › SCHEDULES OF CONTROLLED SUBSTANCES › Section 453.540 - Schedule IV

Current through June 11, 2024
1. Schedule IV consists of the drugs and
			 other substances listed in this section, by whatever official, common, usual,
			 chemical or trade name designated.
2. Unless specifically excepted or unless
			 listed in another schedule, any material, compound, mixture or preparation
			 containing any of the following narcotic drugs, including, without limitation,
			 their salts, calculated as the free anhydrous base of alkaloid, is hereby
			 enumerated on schedule IV, in quantities:
(a)
			 Not more than 1 milligram of difenoxin and not less than 25 micrograms of
			 atropine sulfate per dosage unit; or
(b) Dextropropoxyphene
			 (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxy-butane).
Nevada Administrative Code › Chapter 453 - Controlled Substances › SCHEDULES OF CONTROLLED SUBSTANCES › Section 453.550 - Schedule V

Current through June 11, 2024
1. Schedule V consists of the drugs and other
			 substances listed in this section, by whatever official, common, usual,
			 chemical or trade name designated.
2. Any compound, mixture or preparation
			 containing any of the following narcotic drugs or their salts calculated as the
			 free anhydrous base alkaloid, containing one or more nonnarcotic active
			 medicinal ingredients in sufficient proportion to confer upon the compound,
			 mixture or preparation valuable medicinal qualities other than those possessed
			 by the narcotic drug alone, in quantities:
(a)
			 Not more than 200 milligrams of codeine per 100 milliliters or per 100
			 grams;
(b) Not more than 100
			 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(c) Not more than 100 milligrams of
			 ethylmorphine per 100 milliliters or per 100 grams;
(d) Not more than 2.5 milligrams of
			 diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage
			 unit;
(e) Not more than 100
			 milligrams of opium per 100 milliliters or per 100 grams; or
(f) Not more than 0.5 milligram of difenoxin
			 and not less than 25 micrograms of atropine sulfate per dosage unit.
Nevada Administrative Code › Chapter 453 - Controlled Substances › PROGRAM TO RESEARCH THERAPEUTIC EFFECTS OF MARIJUANA › Section 453.740 - Protocols of research and treatment

Current through June 11, 2024
1. The State Board
			 of Health will:
(a) Approve protocols of
			 research and treatment; and
(b)
			 Approve changes in protocols of research and treatment, for the program to
			 research the therapeutic effects of marijuana.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC
				453A.020 to
				453A.078, inclusive, and
				sections 2 to 8, inclusive of this regulation have the meanings ascribed to
				them in those sections.
Added to NAC by Dep't of
				Agriculture by R095-01, eff. 10-1-2001; A by Health Div. by R042-03, 9-24-2003;
				A by Dep't of Agriculture by R189-03, 1-3-2005; A by Div. of Pub. &
				Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014; A by
				R148-15A,
				eff. 9/9/2016; A by
				R092-17AP,
				eff. 2/27/2018
NRS 453A.370,
				as amended by section 47 of Assembly Bill No. 422, chapter 540, Statutes of
				Nevada 2017, at page 3706 and section 48 of Senate Bill No. 487, chapter 541,
				Statutes of Nevada 2017, at page 3759
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.015 - "Analyte" defined

Current through June 11, 2024
"Analyte" means any compound, element, contaminant organism,
				species or other substance for which a marijuana sample is tested by an
				independent testing laboratory.
Added to NAC
				by Dept of Taxation by
				R092-17A,
				eff. 2/27/2018
NRS
				453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.020 - "Attending physician" defined

Current through June 11, 2024
"Attending physician" has the meaning ascribed to it in
				NRS
				453A.030.
Added to NAC by Dep't of
				Agriculture by R095-01, eff. 10-1-2001
NRS 453A.740
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.023 - "Batch" defined

Current through June 11, 2024
"Batch" means the usable flower and trim consisting of a
				specific lot or lots of marijuana grown by a cultivation facility from one or
				more seeds or cuttings of the same strain of marijuana.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014; A by
				R148-15A,
				eff. 9/9/2016
NRS
				NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.024 - "Batch number" defined

Current through June 11, 2024
"Batch number" means a unique numeric or alphanumeric
				identifier assigned to a batch by a medical marijuana establishment when the
				batch is planted.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.026 - "CBD" defined

Current through June 11, 2024
"CBD" means cannabidiol, which is a primary phytocannabinoid
				compound found in marijuana.
Added to NAC
				by Dept of Taxation by
				R092-17A,
				eff. 2/27/2018
NRS
				453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.028 - "Chief Medical Officer" defined

Current through June 11, 2024
"Chief Medical Officer" means:
1. The Chief Medical Officer appointed
			 pursuant to
			 NRS
			 439.085; or
2. The designee of the Administrator of the
			 Division, if:
(a) No Chief Medical Officer has
			 been appointed pursuant to
			 NRS
			 439.085;
(b) The position of Chief Medical Officer
			 appointed pursuant to
			 NRS
			 439.085 is vacant; or
(c) The Chief Medical Officer appointed
			 pursuant to
			 NRS
			 439.085 is absent from the State.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.030 - "Chronic or debilitating medical condition" defined

Current through June 11, 2024
"Chronic or debilitating medical condition" has the meaning
				ascribed to it in
				NRS
				453A.050.
Added to NAC by Dep't of
				Agriculture by R095-01, eff. 10-1-2001
NRS 453A.740
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.031 - "Concentrated cannabis" defined

Current through June 11, 2024
"Concentrated cannabis" has the meaning ascribed to it in
				section 1.3 of Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at
				page 3085 (NRS 453.042 ).
Added to NAC
				by Div. of Pub. & Behavioral Health by
				R148-15A,
				eff. 9/9/2016
NRS
				NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.032 - "Cultivation facility" defined

Current through June 11, 2024
"Cultivation facility" has the meaning ascribed to it in
				NRS
				453A.056.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.050 - "Designated primary caregiver" defined

Current through June 11, 2024
"Designated primary caregiver" has the meaning ascribed to it
				in
				NRS
				453A.080.
Added to NAC by Dep't of
				Agriculture by R095-01, eff. 10-1-2001
NRS 453A.740
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.052 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Public and Behavioral Health
				of the Department of Health and Human Services.
Added to NAC by Health
				Div. by R042-03, eff. 9-24-2003
NRS
				  453A.710
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.053 - "Edible marijuana products" defined

Current through June 11, 2024
"Edible marijuana products" has the meaning ascribed to it in
				NRS
				453A.101.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.054 - "Electronic verification system" defined

Current through June 11, 2024
"Electronic verification system" has the meaning ascribed to it
				in
				NRS
				453A.102.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.055 - "Enclosed, locked facility" defined

Current through June 11, 2024
"Enclosed, locked facility" has the meaning ascribed to it in
				NRS
				453A.103.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.056 - "Excluded felony offense" defined

Current through June 11, 2024
"Excluded felony offense" has the meaning ascribed to it in
				NRS
				453A.104.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.0565 - "Extraction" defined

Current through June 11, 2024
"Extraction" has the meaning ascribed to it in section 1.4 of
				Senate Bill No. 447, chapter 506, Statutes of Nevada 2015, at page 3085 (NRS
				NRS 453.0825 ).
Added to NAC
				by Div. of Pub. & Behavioral Health by
				R148-15A,
				eff. 9/9/2016
NRS
				NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.057 - "Facility for the production of edible marijuana products or marijuana-infused products" defined

Current through June 11, 2024
"Facility for the production of edible marijuana products or
				marijuana-infused products" has the meaning ascribed to it in
				NRS
				453A.105.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.0575 - "Foreign matter" defined

Current through June 11, 2024
"Foreign matter" means:
1. Any plant matter which is more than 2
			 millimeters in size and which constitutes more than 5 percent of the product;
			 or
2. Any physical contaminant,
which is included in concentrated cannabis, edible marijuana
				products or marijuana-infused products.
Added to NAC
				by Div. of Pub. & Behavioral Health by
				R148-15A,
				eff. 9/9/2016
NRS
				NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.058 - "Independent testing laboratory" defined

Current through June 11, 2024
"Independent testing laboratory" has the meaning ascribed to it
				in
				NRS
				453A.107.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.059 - "Inventory control system" defined

Current through June 11, 2024
"Inventory control system" has the meaning ascribed to it in
				NRS
				453A.108.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.0595 - "Letter of approval" defined

Current through June 11, 2024
1. "Letter of
			 approval" has the meaning ascribed to it in section 12 of Senate Bill No. 447,
			 chapter 506, Statutes of Nevada 2015, at page 3091 (NRS 453A.109 ).
2. The term does not include:
(a) A letter issued by the Division accepting
			 an application for a registry identification card;
(b) A recommendation or referral letter
			 issued by a physician;
(c) A letter
			 issued by another state or jurisdiction approving the medical use of marijuana;
			 or
(d) Any other document which the
			 Division determines does not meet the definition set forth in subsection
			 1.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.061 - "Lot" defined

Current through June 11, 2024
"Lot" means:
1. The
			 flowers from one or more marijuana plants of the same strain, in a quantity
			 that weighs 5 pounds or less;
2.
			 The leaves or other plant matter from one or more marijuana plants, other than
			 full female flowers, in a quantity that weighs 15 pounds or less; or
3. The wet leaves or other plant matter from
			 one or more marijuana plants used only for extraction, in a quantity that
			 weighs 125 pounds or less.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014; A by
				R148-15A,
				eff. 9/9/2016
NRS
				NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.062 - "Marijuana-infused products" defined

Current through June 11, 2024
"Marijuana-infused products" has the meaning ascribed to it in
				NRS
				453A.112.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.063 - "Medical marijuana dispensary" defined

Current through June 11, 2024
"Medical marijuana dispensary" has the meaning ascribed to it
				in
				NRS
				453A.115.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.064 - "Medical marijuana establishment" defined

Current through June 11, 2024
"Medical marijuana establishment" has the meaning ascribed to
				it in
				NRS
				453A.116.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.065 - "Medical marijuana establishment agent" defined

Current through June 11, 2024
"Medical marijuana establishment agent" has the meaning
				ascribed to it in
				NRS
				453A.117. The term does not include a
				consultant who performs professional services for a medical marijuana
				establishment.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.066 - "Medical marijuana establishment agent registration card" defined

Current through June 11, 2024
"Medical marijuana establishment agent registration card" has
				the meaning ascribed to it in
				NRS
				453A.118.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.067 - "Medical marijuana establishment registration certificate" defined

Current through June 11, 2024
"Medical marijuana establishment registration certificate" has
				the meaning ascribed to it in
				NRS
				453A.119.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.068 - "Paraphernalia" defined

Current through June 11, 2024
"Paraphernalia" has the meaning ascribed to it in
				NRS
				453A.125.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.069 - "Pesticide" defined

Current through June 11, 2024
"Pesticide" has the meaning ascribed to it in
				NRS
				586.195.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.071 - "Physician" defined

Current through June 11, 2024
"Physician" has the meaning ascribed to it in
				NRS
				0.040.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.072 - "Potential total THC" defined

Current through June 11, 2024
"Potential total THC" means the sum of the percentage by weight
				of tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by
				weight of THC.
Added to NAC
				by Div. of Pub. & Behavioral Health by
				R148-15A,
				eff. 9/9/2016
NRS
				NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.073 - "Production run" defined

Current through June 11, 2024
"Production run" means:
1. For the extraction of concentrated
			 cannabis by a medical marijuana establishment, the combination of one or more
			 lots used to make the same product in one homogenous mixture produced using the
			 same method which results in not more than 2.2 pounds of concentrated
			 cannabis.
2. For the production of
			 edible marijuana products or marijuana-infused products by a facility for the
			 production of edible marijuana products or marijuana-infused products, one
			 homogenous mixture produced at the same time using the same method and which
			 may include a combination of concentrated cannabis and other materials for the
			 production of edible marijuana products or marijuana-infused
			 products.
Added to NAC
				by Div. of Pub. & Behavioral Health by
				R148-15A,
				eff. 9/9/2016
NRS
				NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.074 - "Production run number" defined

Current through June 11, 2024
"Production run number" means a unique numeric or alphanumeric
				identifier assigned to a production run by a facility for the production of
				edible marijuana products or marijuana-infused products which accounts for each
				batch or lot or any concentrated cannabis used in the production
				run.
Added to NAC
				by Div. of Pub. & Behavioral Health by
				R148-15A,
				eff. 9/9/2016
NRS
				NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.0742 - "Proficiency testing" defined

Current through June 11, 2024
"Proficiency testing" means the evaluation, relative to a given
				set of criteria, of the performance, under controlled conditions, of an
				independent testing laboratory in analyzing unknown samples provided by an
				external source.
Added to NAC
				by Dept of Taxation by
				R092-17A,
				eff. 2/27/2018
NRS
				453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.0744 - "Proficiency testing program" defined

Current through June 11, 2024
"Proficiency testing program" means the program established by
				the Department pursuant to NAC
				453A.660 to evaluate the
				proficiency of all independent testing laboratories in this
				State.
Added to NAC
				by Dept of Taxation by
				R092-17A,
				eff. 2/27/2018
NRS
				453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.0746 - "Proficiency testing provider" defined

Current through June 11, 2024
"Proficiency testing provider" means a person accredited to
				operate a proficiency testing program by an organization which is accredited
				pursuant to standard ISO/IEC 17011 of the International Organization for
				Standardization to perform such accreditation.
Added to NAC
				by Dept of Taxation by
				R092-17A,
				eff. 2/27/2018
NRS
				453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.0748 - "Proficiency testing sample" defined

Current through June 11, 2024
"Proficiency testing sample" means a sample, the composition of
				which is unknown to the independent testing laboratory, provided to an
				independent testing laboratory to test whether the independent testing
				laboratory can produce analytical results within certain
				criteria.
Added to NAC
				by Dept of Taxation by
				R092-17A,
				eff. 2/27/2018
NRS
				453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.075 - "Registry identification card" defined

Current through June 11, 2024
"Registry identification card" has the meaning ascribed to it
				in
				NRS
				453A.140.
Added to NAC by Dep't of
				Agriculture by R095-01, eff. 10-1-2001-Substituted in revision for NAC
				453A.060
NRS 453A.740
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.077 - "Sampling protocols" defined

Current through June 11, 2024
"Sampling protocols" means the procedures specified by the
				Department which are required to be used to obtain samples of marijuana for
				quality assurance testing.
Added to NAC
				by Dept of Taxation by
				R092-17A,
				eff. 2/27/2018
NRS
				453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.078 - "Usable marijuana" defined

Current through June 11, 2024
"Usable marijuana" has the meaning ascribed to it in
				NRS
				453A.160.
Added to NAC by Div. of
				Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › GENERAL PROVISIONS › Section 453A.080 - "Immature marijuana plant" and "mature marijuana plant" interpreted

Current through June 11, 2024
For the purposes of chapter 453A of NRS:
1. "Immature marijuana plant" means a
			 marijuana plant with no observable flowers or buds.
2. "Mature marijuana plant" means a marijuana
			 plant which has flowers or buds that are readily observable by an unaided
			 visual examination.
Added to NAC by Dep't of
				Agriculture by R095-01, eff. 10-1-2001
NRS 453A.740
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › REGISTRY IDENTIFICATION CARDS AND LETTERS OF APPROVAL › Section 453A.100 - Application: Required accompanying information

Current through June 11, 2024
1. In
			 addition to the materials required by
			 NRS
			 453A.210, an application for a registry
			 identification card or letter of approval must include:
(a) A written statement signed by the
			 applicant's attending physician verifying that he or she was presented with a
			 photographic identification of the applicant and the designated primary
			 caregiver, if any, or, for an application for a letter of approval, a
			 photographic identification of the designated primary caregiver and, if such
			 identification exists, of the applicant, and that the applicant and the
			 designated primary caregiver, as appropriate, are the persons named in the
			 application;
(b) On forms
			 prescribed by the Division, any information required by the Central Repository
			 for Nevada Records of Criminal History;
(c) On forms prescribed by the Division, any
			 information required by the Department of Motor Vehicles;
(d) A medical marijuana program waiver and
			 liability release form that is prescribed by the Division and signed by the
			 applicant and designated primary caregiver, if any, or, if the application is
			 for a letter of approval, by the designated primary caregiver and, if capable
			 of signing, the applicant;
(e) An
			 acknowledgment form that is prescribed by the Division and signed by the
			 applicant and designated primary caregiver, if any, or, if the application is
			 for a letter of approval, by the designated primary caregiver and, if capable
			 of signing, the applicant;
(f) If
			 the applicant is under 18 years of age, a minor release form signed by the
			 designated primary caregiver of the minor; and
(g) Proof that the applicant is a resident,
			 including, without limitation, a photocopy of a driver's license issued by the
			 Department of Motor Vehicles or a photocopy of an identification card issued by
			 the Department of Motor Vehicles.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › REGISTRY IDENTIFICATION CARDS AND LETTERS OF APPROVAL › Section 453A.110 - Written notice of approval or denial of application; issuance of card by Department of Motor Vehicles

Current through June 11, 2024
1. If the Division
			 approves an application for a registry identification card or letter of
			 approval:
(a) The Division will provide the
			 applicant and designated primary caregiver, if any, with written notice of its
			 approval.
(b) The applicant and
			 designated primary caregiver, if any, must present the written notice and proof
			 of identity to an appropriate office of the Department of Motor Vehicles in
			 order to receive a registry identification card or to the Division in order to
			 receive a letter of approval. Upon the presentation of the written notice and
			 proof of identity:
(1) The Department of Motor
			 Vehicles shall prepare and issue a registry identification card to the
			 applicant and designated primary caregiver, if any, after it has confirmed by
			 telephone or other reliable means that the Division has approved the issuance
			 of the card; and
(2) If applicable,
			 the Division will prepare and issue a letter of approval to the
			 applicant.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › REGISTRY IDENTIFICATION CARDS AND LETTERS OF APPROVAL › Section 453A.120 - Notification to Division of change in information

Current through June 11, 2024
A person who is required to comply with the provisions of
				NRS
				453A.230 shall notify the Division of any
				change in the information required by that section within 7 days after the
				change in that information.
Added to NAC by Dep't of
				Agriculture by R095-01, eff. 10-1-2001; A by Div. of Pub. & Behavioral
				Health by R004-14, 3-28-2014, eff. 4-1-2014
NRS
				  453A.230,
				  453A.370,
				  453A.740
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › REGISTRY IDENTIFICATION CARDS AND LETTERS OF APPROVAL › Section 453A.130 - Renewal

Current through June 11, 2024
A person to whom a registry identification card or letter of
				approval has been issued may renew that card or letter by:
1. Submitting to the Division a form for
			 renewal prescribed by the Division and the materials required by
			 NRS
			 453A.210 and NAC
			 453A.100; and
2. Returning the expired registry
			 identification card or letter of approval to the Division.
Added to NAC by Dep't of
				Agriculture by R095-01, eff. 10-1-2001; A by Div. of Pub. & Behavioral
				Health by R004-14, 3-28-2014, eff. 4-1-2014; A by
				R148-15A,
				eff. 9/9/2016
NRS
				453A.370,
				453A.740
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › REGISTRY IDENTIFICATION CARDS AND LETTERS OF APPROVAL › Section 453A.140 - Fees

Current through June 11, 2024
The Division will charge and collect the following fees:
1. For the issuance to a person, for the first time, of
						  a packet of application materials to be used in applying for a registry
						  identification card or letter of approval .......
$25
2. For the issuance to a person of a registry
						  identification card or letter of approval after the Division has approved the
						  person's application to receive a registry identification card or letter of
						  approval .......
$75
Added to NAC by Dep't of
				Agriculture by R189-03, eff. 1-3-2005; A by Div. of Pub. & Behavioral
				Health by R004-14, 3-28-2014, eff. 4-1-2014; A by
				R148-15A,
				eff. 9/9/2016
NRS
				453A.370,
				453A.740
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › DESIGNATED PRIMARY CAREGIVER › Section 453A.150 - Restrictions

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 3, a person with a chronic or debilitating disease to whom a registry
			 identification card has been issued may not be a designated primary
			 caregiver.
2. A designated primary
			 caregiver may not be the designated primary caregiver to more than two
			 persons.
3. A person with a chronic
			 or debilitating disease to whom a registry identification card has been issued
			 who is the parent or guardian of a child who has been issued a registry
			 identification card or letter of approval may be the designated primary
			 caregiver for such a child.
Added to NAC by Dep't of
				Agriculture by R095-01, eff. 10-1-2001; A by
				R148-15A,
				eff. 9/9/2016
NRS
				NRS 453A.740
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PETITION FOR QUALIFICATION OF DISEASE OR CONDITION AS CHRONIC OR DEBILITATING MEDICAL CONDITION › Section 453A.200 - Submission; confidentiality; period for approval

Current through June 11, 2024
1. A
			 person may submit to the Chief Medical Officer, in the form prescribed by the
			 Division, a petition requesting that a particular disease or condition be
			 included among the diseases and conditions that qualify as chronic or
			 debilitating medical conditions.
2.
			 The contents of a petition submitted pursuant to subsection 1 are confidential
			 and, except as otherwise provided in NAC 453A.230, neither the Chief Medical
			 Officer nor the Division shall disclose the name or other identifying
			 information of:
(a) The person who submitted
			 the petition; or
(b) The attending
			 physician, if any, of the person who submitted the petition.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PETITION FOR QUALIFICATION OF DISEASE OR CONDITION AS CHRONIC OR DEBILITATING MEDICAL CONDITION › Section 453A.210 - Review by Chief Medical Officer; return to petitioner

Current through June 11, 2024
1. The Chief Medical Officer will review each
			 petition that is submitted pursuant to subsection 1 of NAC 453A.200 to
			 determine whether:
(a) The petition is in the
			 form prescribed by the Division;
(b) The petition is complete; and
(c) The particular disease or condition
			 described in the petition is already included among the diseases and conditions
			 that qualify as chronic or debilitating medical conditions.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PETITION FOR QUALIFICATION OF DISEASE OR CONDITION AS CHRONIC OR DEBILITATING MEDICAL CONDITION › Section 453A.220 - Determinations by Chief Medical Officer

Current through June 11, 2024
1. If a petition
			 that is submitted pursuant to subsection 1 of NAC 453A.200 is determined by the
			 Chief Medical Officer to meet the requirements for submittal that are set forth
			 in NAC 453A.210, the Chief Medical Officer will determine whether the Division
			 will include the particular disease or condition that is described in the
			 petition among the diseases and conditions that qualify as chronic or
			 debilitating medical conditions.
2.
			 The determination of the Chief Medical Officer as to whether the Division will
			 include a particular disease or condition among the diseases and conditions
			 that qualify as chronic or debilitating medical conditions must be made in
			 consideration of, without limitation:
(a) The
			 symptoms of the disease or condition;
(b) The expected duration of the symptoms of
			 the disease or condition;
(c) The
			 medical treatments available for the disease or condition;
(d) The side effects of the medical
			 treatments available for the disease or condition, including, without
			 limitation, the duration of those side effects; and
(e) The presentation of scientific literature
			 regarding the disease or condition.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PETITION FOR QUALIFICATION OF DISEASE OR CONDITION AS CHRONIC OR DEBILITATING MEDICAL CONDITION › Section 453A.230 - Notification of approval or denial

Current through June 11, 2024
Within 10 working days after the date on which the Chief
				Medical Officer approves or denies a petition that is submitted pursuant to
				subsection 1 of NAC 453A.200, the Division will transmit a copy of the approval
				or denial to:
1. The person who
			 submitted the petition; and
2. The
			 Director of the Department.
Added to NAC by Health
				Div. by R042-03, eff. 9-24-2003
NRS
				  453A.710
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PETITION FOR QUALIFICATION OF DISEASE OR CONDITION AS CHRONIC OR DEBILITATING MEDICAL CONDITION › Section 453A.240 - Final decision for purposes of judicial review

Current through June 11, 2024
The decision of the Chief Medical Officer to deny a petition
				that is submitted pursuant to subsection 1 of NAC 453A.200 is a final decision
				for the purposes of judicial review.
Added to NAC by Health
				Div. by R042-03, eff. 9-24-2003
NRS
				  453A.710
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Registration of Medical Marijuana Establishments and Medical Marijuana Establishment Agents › Section 453A.300 - Persons required to act on behalf of establishment

Current through June 11, 2024
1. When a medical marijuana establishment is
				required pursuant to this chapter or chapter 453A of NRS to provide
				information, sign documents or ensure actions are taken, a person identified in
				this subsection shall comply with the requirement on behalf of the medical
				marijuana establishment:
(a) If a natural
				person is applying for a medical marijuana establishment registration
				certificate, the natural person;
(b) If a corporation is applying for a
				medical marijuana establishment registration certificate, a natural person who
				is an officer of the corporation;
(c) If a partnership is applying for a
				medical marijuana establishment registration certificate, a natural person who
				is a partner;
(d) If a
				limited-liability company is applying for a medical marijuana establishment
				registration certificate, a manager or, if the limited-liability company does
				not have a manager, a natural person who is a member of the limited-liability
				company;
(e) If an association or
				cooperative is applying for a medical marijuana establishment registration
				certificate, a natural person who is a member of the governing board of the
				association or cooperative;
(f) If
				a joint venture is applying for a medical marijuana establishment registration
				certificate, a natural person who signed the joint venture agreement;
				and
(g) If a business organization
				other than those described in paragraphs (b) to (f), inclusive, is applying for
				a medical marijuana establishment registration certificate, a natural person
				who is a member of the business organization.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Registration of Medical Marijuana Establishments and Medical Marijuana Establishment Agents › Section 453A.302 - Applicability of requirements of chapter to certain owners of establishments

Current through June 11, 2024
1. Except as otherwise required in subsection
				2, the requirements of this chapter concerning owners of medical marijuana
				establishments only apply to a person with an aggregate ownership interest of 5
				percent or more in a medical marijuana establishment.
2. If, in the judgment of the Division, the
				public interest will be served by requiring any owner with an ownership
				interest of less than 5 percent in a medical marijuana establishment to comply
				with any provisions of this chapter concerning owners of medical marijuana
				establishments, the Division will notify that owner and he or she must comply
				with those provisions.
Added to NAC by Div.
				  of Pub. & Behavioral Health by R004-14, 3-28-2014, eff.
				  4-1-2014
NRS 453A.370
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Registration of Medical Marijuana Establishments and Medical Marijuana Establishment Agents › Section 453A.304 - Request for applications to operate establishment: Notice; required provisions; time period for submission of applicants

Current through June 11, 2024
1. Once each year,
				the Division will determine whether a sufficient number of medical marijuana
				establishments exist to serve the people of this State and, if the Division
				determines that additional medical marijuana establishments are necessary, the
				Division will issue a request for applications to operate a medical marijuana
				establishment. The Division will provide notice of a request for applications
				to operate a medical marijuana establishment by:
(a) Posting on the Internet website of the
				Division that the Division is requesting applicants to submit their
				applications;
(b) Posting a copy of
				the request for applications at the principal office of the Division, the
				Legislative Building and at not less than three other separate, prominent
				places within this State; and
(c)
				Making notification of the posting locations using the electronic mailing list
				maintained by the Division for medical marijuana establishment
				information.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Registration of Medical Marijuana Establishments and Medical Marijuana Establishment Agents › Section 453A.306 - Applications to operate establishment: Required provisions

Current through June 11, 2024
An application submitted in response to a request for
				  applications issued pursuant to NAC
				  453A.304 must include:
1. A one-time, nonrefundable application fee
				of $5,000.
2. An application on a
				form prescribed by the Division pursuant to subsection 2 of
				NRS
				453A.322. The application must include,
				without limitation:
(a) Whether the applicant
				is applying for a medical marijuana establishment registration certificate for
				an independent testing laboratory, a cultivation facility, a facility for the
				production of edible marijuana products or marijuana-infused products or a
				medical marijuana dispensary;
(b)
				The name of the proposed medical marijuana establishment, as reflected in the
				articles of incorporation or other documents filed with the Secretary of
				State;
(c) The type of business
				organization of the applicant, such as individual, corporation, partnership,
				limited-liability company, association or cooperative, joint venture or any
				other business organization;
(d)
				Confirmation that the applicant has registered with the Secretary of State as
				the appropriate type of business, and the articles of incorporation, articles
				of organization or partnership or joint venture documents of the
				applicant;
(e) The physical address
				where the proposed medical marijuana establishment will be located and the
				physical address of any co-owned or otherwise affiliated medical marijuana
				establishments;
(f) The mailing
				address of the applicant;
(g) The
				telephone number of the applicant;
(h) The electronic mail address of the
				applicant;
(i) If the applicant is
				applying for a medical marijuana establishment registration certificate to
				operate a medical marijuana dispensary, the proposed hours of operation during
				which the medical marijuana dispensary plans to be available to dispense
				medical marijuana to persons who hold valid registry identification cards,
				including, without limitation, designated primary caregivers;
(j) An attestation that the information
				provided to the Division to apply for the medical marijuana establishment
				registration certificate is true and correct according to the information known
				by the affiant at the time of signing; and
(k) The signature of a natural person for the
				proposed medical marijuana establishment as described in subsection 1 of NAC
				453A.300 and the date on which
				the person signed the application.