Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 78 - NEW

Current through June 11, 2024
1. On or before November 15, 2018, a person
				who holds a medical marijuana establishment registration certificate may apply
				for one or more licenses, in addition to a license issued pursuant to section
				77 of this regulation, for a marijuana establishment of the same type or for
				one or more licenses for a marijuana establishment of a different type, and on
				or after November 16, 2018, a person may apply for one or more licenses for a
				marijuana establishment by submitting an application in response to a request
				for applications issued pursuant to section 76 which must include:
(a) A one-time, nonrefundable application fee
				of $5,000.
(b) An application on a
				form prescribed by the Department. The application must include, without
				limitation:
(1) Whether the applicant is
				applying for a license for a marijuana establishment for a marijuana
				cultivation facility, a marijuana distributor, a marijuana product
				manufacturing facility, a marijuana testing facility or a retail marijuana
				store;
(2) The name of the proposed
				marijuana establishment, as reflected in both the medical marijuana
				establishment registration certificate held by the applicant, if applicable,
				and the articles of incorporation or other documents filed with the Secretary
				of State;
(3) 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;
(4)
				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;
(5) The physical address
				where the proposed marijuana establishment will be located and the physical
				address of any co-owned or otherwise affiliated marijuana
				establishments;
(6) The mailing
				address of the applicant;
(7) The
				telephone number of the applicant;
(8) The electronic mail address of the
				applicant;
(9) A signed copy of the
Request and Consent to Release Application Form for Marijuana
				Establishment License
prescribed by the Department;
(10) If the applicant is applying for a
				license for a retail marijuana store, the proposed hours of operation during
				which the retail marijuana store plans to be available to sell marijuana to
				consumers;
(11) An attestation that
				the information provided to the Department to apply for the license for a
				marijuana establishment is true and correct according to the information known
				by the affiant at the time of signing; and
(12) The signature of a natural person for
				the proposed marijuana establishment as described in subsection 1 of section 74
				and the date on which the person signed the application.
(c) Evidence of the amount of taxes paid, or
				other beneficial financial contributions made, to this State or its political
				subdivisions within the last 5 years by the applicant or the persons who are
				proposed to be owners, officers or board members of the proposed marijuana
				establishment.
(d) A description of
				the proposed organizational structure of the proposed marijuana establishment,
				including, without limitation:
(1) An
				organizational chart showing all owners, officers and board members of the
				proposed marijuana establishment;
(2) A list of all owners, officers and board
				members of the proposed marijuana establishment that contains the following
				information for each person:
(I) The title of
				the person;
(II) The race,
				ethnicity and gender of the person;
(III) A short description of the role in
				which the person will serve for the organization and his or her
				responsibilities;
(IV) Whether the
				person will be designated by the proposed marijuana establishment to provide
				written notice to the Department when a marijuana establishment agent is
				employed by, volunteers at or provides labor as a marijuana establishment agent
				at the proposed marijuana establishment;
(V) Whether the person has served or is
				currently serving as an owner, officer or board member for another medical
				marijuana establishment or marijuana establishment;
(VI) Whether the person has served as an
				owner, officer or board member for a medical marijuana establishment or
				marijuana establishment that has had its medical marijuana establishment
				registration certificate or license, as applicable, revoked;
(VII) Whether the person has previously had a
				medical marijuana establishment agent registration card or marijuana
				establishment agent registration card revoked;
(VIII) Whether the person is an attending
				provider of health care currently providing written documentation for the
				issuance of registry identification cards or letters of approval;
(IX) Whether the person is a law enforcement
				officer;
(X) Whether the person is
				currently an employee or contractor of the Department; and
(XI) Whether the person has an ownership or
				financial investment interest in any other medical marijuana establishment or
				marijuana establishment.
(e) For each owner, officer and board member
				of the proposed marijuana establishment:
(1)
				An attestation signed and dated by the owner, officer or board member that he
				or she has not been convicted of an excluded felony offense, and that the
				information provided to support the application for a license for a marijuana
				establishment is true and correct;
(2) A narrative description, not to exceed
				750 words, demonstrating:
(I) Past experience
				working with governmental agencies and highlighting past experience in giving
				back to the community through civic or philanthropic involvement;
(II) Any previous experience at operating
				other businesses or nonprofit organizations; and
(III) Any demonstrated knowledge, business
				experience or expertise with respect to marijuana; and
(3) A resume.
(f) Documentation concerning the size of the
				proposed marijuana establishment, including, without limitation, building and
				general floor plans with supporting details.
(g) The integrated plan of the proposed
				marijuana establishment for the care, quality and safekeeping of marijuana from
				seed to sale, including, without limitation, a plan for testing and verifying
				marijuana, a transportation or delivery plan and procedures to ensure adequate
				security measures, including, without limitation, building security and product
				security.
(h) A plan for the
				business which includes, without limitation, a description of the inventory
				control system of the proposed marijuana establishment to satisfy the
				requirements of NRS
				453D.300 and section 108 of this
				regulation.
(i) A financial plan
				which includes, without limitation:
(1)
				Financial statements showing the resources of the applicant;
(2) If the applicant is relying on money from
				an owner, officer or board member, evidence that the person has unconditionally
				committed such money to the use of the applicant in the event the Department
				awards a license to the applicant and the applicant obtains the necessary
				approvals from the locality to operate the proposed marijuana establishment;
				and
(3) Proof that the applicant
				has adequate money to cover all expenses and costs of the first year of
				operation.
(j) Evidence
				that the applicant has a plan to staff, educate and manage the proposed
				marijuana establishment on a daily basis, which must include, without
				limitation:
(1) A detailed budget for the
				proposed marijuana establishment, including pre-opening, construction and
				first-year operating expenses;
(2)
				An operations manual that demonstrates compliance with this chapter;
(3) An education plan which must include,
				without limitation, providing educational materials to the staff of the
				proposed marijuana establishment; and
(4) A plan to minimize the environmental
				impact of the proposed marijuana establishment.
(k) If the application is submitted on or
				before November 15, 2018, for a license for a marijuana distributor, proof that
				the applicant holds a wholesale dealer license issued pursuant to chapter 369
				of NRS, unless the Department determines that an insufficient number of
				marijuana distributors will result from this limitation.
(l) A response to and information which
				supports any other criteria the Department determines to be relevant, which
				will be specified and requested by the Department at the time the Department
				issues a request for applications which includes the point values that will be
				allocated to the applicable portions of the application pursuant to subsection
				2 of section 76 of this regulation.