reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.077 - "Marijuana establishment agent registration card" defined

Current through June 11, 2024
"Marijuana establishment agent registration card" means a
				registration card that is issued by the Department to authorize a person to
				volunteer or work at a marijuana establishment.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.080 - "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 Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.082 - "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 Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.084 - "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 Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.086 - "Medical use of marijuana" defined

Current through June 11, 2024
"Medical use of marijuana" has the meaning ascribed to it in
				NRS
				453A.120.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.089 - "Multiple-serving edible marijuana product" defined

Current through June 11, 2024
"Multiple-serving edible marijuana product" means an edible
				marijuana product which is offered for sale to a consumer and contains, within
				a variance of 15 percent, more than 10 milligrams and not more than 100
				milligrams of THC. The term includes an edible marijuana product which contains
				multiple pieces, each of which contains 10 milligrams or less of THC, if the
				edible marijuana product offered for sale contains a total of more than 10
				milligrams of THC.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.094 - "Packaging" defined

Current through June 11, 2024
"Packaging" means the materials used to wrap or protect
				goods.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.097 - "Pesticide" defined

Current through June 11, 2024
"Pesticide" has the meaning ascribed to it in
				NRS
				586.195.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.100 - "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 Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.102 - "Potentially hazardous marijuana products and ingredients" defined

Current through June 11, 2024
1. "Potentially hazardous marijuana products
			 and ingredients" means an edible item that is natural or synthetic and that
			 requires temperature control because the item is in a form capable of
			 supporting:
(a) The rapid and progressive
			 growth of infectious or toxigenic microorganisms;
(b) The growth and toxin production of
Clostridium botulinum
; or
(c) In raw shell eggs, the growth of
Salmonella enteritidis
.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.105 - "Premises" defined

Current through June 11, 2024
"Premises" means:
1.
			 Any temporary or permanent structure, including, without limitation, any
			 building, house, room, apartment, tenement, shed, carport, garage, shop,
			 warehouse, store, mill, barn, stable, outhouse or tent; or
2. Any conveyance, including, without
			 limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel
			 trailer, motor home or railroad car,
whether located aboveground or underground and whether
				inhabited or not.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.108 - "Production run" defined

Current through June 11, 2024
"Production run" means:
1. For the extraction of concentrated
			 marijuana by a 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
			 marijuana.
2. For the production of
			 marijuana products by a marijuana product manufacturing facility, one
			 homogenous mixture produced at the same time using the same method and which
			 may include a combination of concentrated marijuana and other materials for the
			 production of marijuana products.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.110 - "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 marijuana product manufacturing
				facility which accounts for each batch or lot or any concentrated marijuana
				used in the production run.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.113 - "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 a
				marijuana testing facility in analyzing unknown samples provided by an external
				source.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.115 - "Proficiency testing program" defined

Current through June 11, 2024
"Proficiency testing program" means the program established by
				the Department pursuant to NAC 453D.772 to evaluate the proficiency of all
				marijuana testing facilities in this State.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.117 - "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 Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.119 - "Proficiency testing sample" defined

Current through June 11, 2024
"Proficiency testing sample" means a sample, the composition of
				which is unknown to the marijuana testing facility, provided to a marijuana
				testing facility to test whether the marijuana testing facility can produce
				analytical results within certain criteria.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.122 - "Public transportation" defined

Current through June 11, 2024
"Public transportation" means:
1. Buses;
2. Trains;
3. Subways; and
4. Other forms of transportation which charge
			 a fare and are available to the public.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.126 - "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 Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.130 - "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 Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.133 - "Security equipment" defined

Current through June 11, 2024
"Security equipment" means a system of video cameras, monitors,
				recorders, video printers, motion detectors, exterior lighting, electronic
				monitoring and other ancillary equipment used for surveillance of a marijuana
				establishment.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.136 - "Seed-to-sale tracking system" defined

Current through June 11, 2024
"Seed-to-sale tracking system" means an electronic database
				which is used to monitor in real time the chain of custody of marijuana from
				the point of acquisition or planting to the end consumer and which is
				accessible by the Department and by marijuana establishments.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.138 - "Separate operations" defined

Current through June 11, 2024
"Separate operations" means any area in which a component
				marijuana establishment must maintain legal and operational separation from all
				other component marijuana establishments within a combined marijuana
				establishment.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.141 - "Single-serving edible marijuana product" defined

Current through June 11, 2024
"Single-serving edible marijuana product" means an edible
				marijuana product which is offered for sale to a consumer and contains not more
				than 10 milligrams of THC.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.144 - "Surveillance" defined

Current through June 11, 2024
"Surveillance" means the capability to observe and record
				activities being conducted outside and inside a marijuana establishment.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.148 - "Taxpayer" defined

Current through June 11, 2024
"Taxpayer" means a:
1.
			 Marijuana cultivation facility; or
2. Retail marijuana store.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.151 - "THC" defined

Current through June 11, 2024
"THC" has the meaning ascribed to it in
				NRS
				453.139.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.155 - "Usable marijuana" defined

Current through June 11, 2024
"Usable marijuana" has the meaning ascribed to it in
				NRS
				453A.160.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.160 - "Marijuana" interpreted to exclude industrial hemp

Current through June 11, 2024
As used in chapter 453D of NRS, the Department will interpret
				"marijuana" to exclude industrial hemp, as defined in
				NRS
				557.040, which is grown or cultivated
				pursuant to chapter 557 of NRS.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.165 - Establishment of maximum allowable quantity of marijuana for purposes of exemption from state or local prosecution

Current through June 11, 2024
For the purposes of subsection 1 of
				NRS
				453D.110, the maximum allowable quantity of
				marijuana is an amount that is:
1.
			 Equivalent to 1 ounce of usable marijuana other than concentrated
			 marijuana;
2. One-eighth ounce of
			 concentrated marijuana containing not more than 3,500 milligrams of THC;
			 and
3. One-eighth ounce of
			 concentrated marijuana or 3,500 milligrams of THC contained within one or more
			 edible marijuana products.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.175 - State employees responsible for implementing or enforcing chapter prohibited from having interest in marijuana establishment or from being employed by or volunteering at establishment

Current through June 11, 2024
No employee of this State who is responsible for implementing
				or enforcing the provisions of this chapter or chapter 453D of NRS may have a
				direct or indirect financial interest in a marijuana establishment or be
				employed by or volunteer at a marijuana establishment.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.178 - Investigative authority of Department relating to violations of chapter, enforcement and adoption of regulations and recommending legislation

Current through June 11, 2024
The Department will make appropriate investigations:
1. To determine whether there has been any
			 violation of this chapter or chapter 453D of NRS.
2. To determine any facts, conditions,
			 practices or matters which it may deem necessary or proper to aid in the
			 enforcement of any such law or regulation.
3. To aid in adopting regulations.
4. To secure information as a basis for
			 recommending legislation relating to chapter 453D of NRS.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.180 - Confidentiality of information received by Department relating to security of marijuana establishment

Current through June 11, 2024
Except as otherwise provided in
				NRS
				239.0115 and NAC 453D.185, any information
				received by the Department related to the security of a marijuana establishment
				is confidential and must not be disclosed by the Department.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.185 - Confidentiality of name and any other identifying information of persons who facilitate or deliver services pursuant to chapter; exceptions

Current through June 11, 2024
1. Except as otherwise provided in this
			 section and
			 NRS
			 239.0115, the Department will and any
			 designee of the Department shall maintain the confidentiality of and shall not
			 disclose the name or any other identifying information of any person who
			 facilitates or delivers services pursuant to this chapter or chapter 453D of
			 NRS. Except as otherwise provided in
			 NRS
			 239.0115, the name and any other identifying
			 information of any person who facilitates or delivers services pursuant to this
			 chapter or chapter 453D of NRS are confidential, not subject to subpoena or
			 discovery and not subject to inspection by the general public.
2. Notwithstanding the provisions of
			 subsection 1, the Department or its designee may release the name and other
			 identifying information of a person who facilitates or delivers services
			 pursuant to this chapter or chapter 453D of NRS to:
(a) Authorized employees of the Department or
			 its designee as necessary to perform official duties of the Department;
			 and
(b) Authorized employees of
			 state and local law enforcement agencies only as necessary to verify that a
			 person is lawfully facilitating or delivering services pursuant to this chapter
			 or chapter 453D of NRS.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › GENERAL PROVISIONS › Section 453D.190 - Applicability of chapter to extent specified in agreement with tribal government

Current through June 11, 2024
The provisions of this chapter shall be deemed to apply to the
				extent specified in any agreement with a tribal government in this State
				entered into pursuant to
				NRS
				223.250.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › FEES › Section 453D.200 - Initial issuance of license and renewal; collection of assessment for oversight by Department

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 1 of
			 NRS
			 453D.230, the Department will charge and
			 collect the following fees:
For the initial issuance of a license for a retail
						  marijuana store..................
$20,000
For the renewal of a license for a retail marijuana
						  store............................
6,600
For the initial issuance of a license for a marijuana
						  cultivation facility.....
30,000
For the renewal of a license for a marijuana cultivation
						  facility................
10,000
For the initial issuance of a license for a marijuana
						  product manufacturing
						  facility...........................................................................
10,000
For the renewal of a license for a marijuana product
						  manufacturing
						  facility...................................................................................................
3,300
For the initial issuance of a license for a marijuana
						  testing facility...........
15,000
For the renewal of a license for a marijuana testing
						  facility......................
5,000
For the initial issuance of a license for a marijuana
						  distributor..................
15,000
For the renewal of a license for a marijuana
						  distributor............................
5,000
2.
			 Each marijuana establishment shall submit the fee required by subsection 1 to
			 the Department annually.
3. For the
			 ongoing activities of the Department relating to the oversight of marijuana
			 establishments, not related to processing an application by a marijuana
			 establishment, the Department will collect an assessment from each marijuana
			 establishment for the time and effort attributed to the oversight of the
			 marijuana establishment that is based upon the hourly rate established by the
			 Department.
4. As used in this
			 section, "license" includes a conditional license.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200,
				  453D.230
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › FEES › Section 453D.205 - Initial licensing fee; revocation of license for failure to pay

Current through June 11, 2024
1. Within 10 days after the issuance of a
			 license pursuant to NAC 453D.272 or 453D.278, the applicant shall pay the
			 initial licensing fee of:
(a) For a marijuana
			 cultivation facility, $30,000.
(b)
			 For a marijuana distributor, $15,000.
(c) For a marijuana product manufacturing
			 facility, $10,000.
(d) For a
			 marijuana testing facility, $15,000.
(e) For a retail marijuana store,
			 $20,000.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › FEES › Section 453D.210 - Department authorized to collect fee for costs of investigating complaint if substantiated; hourly rate

Current through June 11, 2024
1. The Department
			 may charge and collect a fee from any marijuana establishment that is involved
			 in a complaint submitted to the Department by a consumer to recover the costs
			 of investigating the complaint after the investigation is completed if the
			 complaint is substantiated. The fee will be based upon the hourly rate
			 established for each investigator of marijuana establishments as determined by
			 the budget of the Department.
2. As
			 used in this section, "substantiated" means supported or established by
			 evidence or proof.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › EXCISE TAX ON MARIJUANA › Section 453D.230 - Provisions governing payment, collection, administration and enforcement of marijuana taxes also applicable to excise tax on marijuana and marijuana cultivation facilities

Current through June 11, 2024
The provisions of
				NRS 372A.200 to
				372A.380,
				inclusive, which apply to:
1. The
			 excise tax on marijuana, as defined in
			 NRS
			 372A.220, also apply to the excise tax on
			 marijuana imposed pursuant to
			 NRS
			 453D.500.
2. A taxpayer, as defined in
			 NRS
			 372A.250, also apply to a marijuana
			 cultivation facility.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › EXCISE TAX ON MARIJUANA › Section 453D.233 - Marijuana and marijuana products sold at retail marijuana store subject to sales tax; submission of returns and payments

Current through June 11, 2024
Marijuana and marijuana products sold pursuant to chapter 453D
				of NRS are subject to sales tax when sold at a retail marijuana store. Returns
				and payments must be submitted as provided in
				NRS
				372.354 to
				372.395,
				inclusive.
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › EXCISE TAX ON MARIJUANA › Section 453D.236 - Monthly filing of returns; payment of tax; maintenance of documentation and verification of payment; submission of financial statement upon request; calculation of fair market value at wholesale (Repealed)

Current through June 11, 2024
Added to NAC by Dep't
				of Taxation by R092-17, eff. 2-27-2018;	R by
				R157-20A,
				eff. 4/11/2022
NRS 360.090,
				372A.050.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › EXCISE TAX ON MARIJUANA › Section 453D.239 - Annual reimbursement of costs to local governments

Current through June 11, 2024
1. On February 1 of each year , the
			 Department will reimburse the costs of each local government of carrying out
			 the provisions of chapters 453A and 453D of NRS as follows:
(a) By distributing a total amount of
			 $1,500,000, divided equally, to each county; and
(b) By distributing a total amount of
			 $3,500,000 to each locality which, on September 1 of the immediately preceding
			 year, was a qualifying locality, divided on the basis of the population of each
			 such qualifying locality.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.250 - Designation of persons responsible for providing information, signing documents and ensuring certain actions are taken

Current through June 11, 2024
1. When
				a marijuana establishment is required pursuant to this chapter or chapter 453D
				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 marijuana establishment:
(a) If
				a natural person is applying for a license for a marijuana establishment, the
				natural person;
(b) If a
				corporation is applying for a license for a marijuana establishment, a natural
				person who is an officer of the corporation;
(c) If a partnership is applying for a
				license for a marijuana establishment, a natural person who is a
				partner;
(d) If a limited-liability
				company is applying for a license for a marijuana establishment, 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 license for a marijuana establishment, 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
				license for a marijuana establishment, 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 license for a marijuana establishment, a natural
				person who is a member of the business organization.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.255 - Applicability of chapter to persons owning 5 percent interest or more in marijuana establishment; exception if public interest will be served

Current through June 11, 2024
1. Except as otherwise required in subsection
				2, the requirements of this chapter concerning owners of marijuana
				establishments only apply to a person with an aggregate ownership interest of 5
				percent or more in a marijuana establishment.
2. If, in the judgment of the Department, the
				public interest will be served by requiring any owner with an ownership
				interest of less than 5 percent in a marijuana establishment to comply with any
				provisions of this chapter concerning owners of marijuana establishments, the
				Department will notify that owner and he or she must comply with those
				provisions.
Added to NAC by Dep't of Taxation by R092-17, eff.
					 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.258 - Measurement of distance of proposed marijuana establishment from school or community facility

Current through June 11, 2024
For the purposes of paragraph (c) of subsection 5 of
				  NRS
				  453D.210, the distance must be measured from
				  the front door of the proposed marijuana establishment to the closest point of
				  the property line of a school or community facility.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.260 - Request for applications to operate establishment: Notice by Department; required provisions; time period for submission of applications

Current through June 11, 2024
1. At least once each year, the Department
				will determine whether a sufficient number of marijuana establishments exist to
				serve the people of this State and, if the Department determines that
				additional marijuana establishments are necessary, the Department will issue a
				request for applications to operate a marijuana establishment. The Department
				will provide notice of a request for applications to operate a marijuana
				establishment by:
(a) Posting on the Internet
				website of the Department that the Department is requesting applicants to
				submit applications;
(b) Posting a
				copy of the request for applications at the principal office of the Department,
				at 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 Department for
				marijuana establishment information.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.265 - Submission of application by person who holds medical marijuana establishment registration certificate for marijuana establishment of same type; issuance of license; refund of fee if application not approved

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 not more than one license for a marijuana establishment of the same type by
				submitting:
(a) A one-time, nonrefundable
				application fee of $5,000 and, for an application for a license for a:
(1) Marijuana cultivation facility, an
				initial licensing fee of $30,000.
(2) Marijuana distributor, an initial
				licensing fee of $15,000.
(3)
				Marijuana product manufacturing facility, an initial licensing fee of
				$10,000.
(4) Marijuana testing
				facility, an initial licensing fee of $15,000.
(5) Retail marijuana store, an initial
				licensing fee of $20,000.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.272 - Ranking of applications for retail marijuana store; proportional allocation of licenses for retail marijuana stores within each county; notification to locality of acceptance of applicants; prevention of monopolistic practices; revision or disqualification of application for criminal history of applicant or other person named in application

Current through June 11, 2024
1. If the
				Department receives more than one application for a license for a retail
				marijuana store in response to a request for applications made pursuant to NAC
				453D.260 and the Department determines that more than one of the applications
				is complete and in compliance with this chapter and chapter 453D of NRS, the
				Department will rank the applications, within each applicable locality for any
				applicants which are in a jurisdiction that limits the number of retail
				marijuana stores, in order from first to last based on compliance with the
				provisions of this chapter and chapter 453D of NRS and on the content of the
				applications relating to:
(a) Whether the
				owners, officers or board members have experience operating another kind of
				business that has given them experience which is applicable to the operation of
				a marijuana establishment;
(b) The
				diversity of the owners, officers or board members of the proposed marijuana
				establishment;
(c) The educational
				achievements of the owners, officers or board members of the proposed marijuana
				establishment;
(d) The financial
				plan and resources of the applicant, both liquid and illiquid;
(e) Whether the applicant has an adequate
				integrated plan for the care, quality and safekeeping of marijuana from seed to
				sale;
(f) The amount of taxes paid
				and other beneficial financial contributions, including, without limitation,
				civic or philanthropic involvement with this State or its political
				subdivisions, by the applicant or the owners, officers or board members of the
				proposed marijuana establishment;
(g) Whether the owners, officers or board
				members of the proposed marijuana establishment have direct experience with the
				operation of a medical marijuana establishment or marijuana 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;
(h)
				The experience of key personnel that the applicant intends to employ in
				operating the type of marijuana establishment for which the applicant seeks a
				license; and
(i) Any other criteria
				that the Department determines to be relevant.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.274 - Request by applicant for ranked application score; request to review scoring information; designation of Department employee to respond to request; maintenance of information in application file

Current through June 11, 2024
1. If
				an applicant for a license for a retail marijuana store wishes to know the
				score assigned to its application after review by the Department to establish a
				ranking pursuant to subsection 1 of NAC 453D.272, the applicant may submit a
				request for its application score in writing to the Department. Upon receipt of
				such a request, the Department will provide the score to the applicant in a
				timely manner.
2. If an applicant
				who receives an application score from the Department pursuant to subsection 1
				wishes to review the scores assigned to each criterion in the application to
				generate the application score, the applicant may submit to the Department a
				request to review scoring information. Such a request must include the name of
				the owner, operator or board member of the applicant who will review scoring
				information on behalf of the applicant.
3. Upon receipt of a request to review
				scoring information pursuant to subsection 2, the Department will designate an
				employee of the Department to respond to the request and schedule and conduct
				the review of scoring information. Before conducting the review, the employee
				designated by the Department shall confirm that the identity of the person
				attending the review matches the person named in the request and make a copy of
				a document confirming the identity of the person. During the review, the
				employee designated by the Department shall allow the person attending the
				review to review the scores assigned to each criterion in the application of
				the applicant and a copy of the application for a license for a retail
				marijuana store submitted by the applicant for a period of not more than 30
				minutes. The person attending the review may take notes on the information
				provided, but shall not photocopy, scan, record, photograph or otherwise
				duplicate the information. The employee designated by the Department to conduct
				the review shall not discuss or comment on the scores, the review of the
				application by the Department or any other application submitted to the
				Department.
4. Upon completion of a
				review of scoring information pursuant to subsection 3, the Department will
				maintain in the file of the applicant a copy of:
(a) The scoring information provided during
				the review;
(b) The documentation
				of identity provided to the employee designated by the Department to conduct
				the review; and
(c) Information
				establishing the date and time of the review.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.278 - Issuance of license if Department receives only one application in response to request for applications; notification to locality

Current through June 11, 2024
If, within 10 business days after the date on which the
				  Department begins accepting applications in response to a request for
				  applications issued pursuant to NAC 453D.260, the Department receives only one
				  application from an applicant:
1. In a
				specific locality which limits the number of a type of marijuana establishment
				to one; or
2. Statewide, if the
				applicant is in a locality which does not limit the number of a type of
				marijuana establishment,
and the Department determines that the application is
				  complete and in compliance with this chapter and chapter 453D of NRS, the
				  Department will issue a license for a marijuana establishment to that applicant
				  in accordance with
				  NRS
				  453D.210 and NAC 453D.282 and notify the
				  locality in which the marijuana establishment will be located.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.282 - Issuance of license is conditional until certain requirements for approval to begin operations are satisfied

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 2, the issuance of a license pursuant to NAC
				453D.272 or 453D.278 is conditional and not an approval to begin operations as
				a marijuana establishment until such time as:
(a) The marijuana establishment is in
				compliance with the zoning and land use rules adopted by the locality in which
				the marijuana establishment will operate or, after notice of the issuance of a
				license to the marijuana establishment pursuant to NAC 453D.272 or 453D.278,
				the locality does not affirm to the Department within a reasonable time that
				the proposed marijuana establishment will be in violation of zoning or land use
				rules adopted by the locality;
(b)
				The locality has issued a business license for the operation of the marijuana
				establishment, or otherwise approved the applicant, for the operation of the
				marijuana establishment; and
(c)
				The Department completes an inspection of the marijuana
				establishment.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.285 - Written notice of denial of application

Current through June 11, 2024
If the Department does not issue to an applicant a license
				  for a marijuana establishment, the Department must provide written notice to
				  the applicant stating that the Department did not issue a license to the
				  applicant as a result of the provisions of NAC 453D.272 and 453D.278.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.288 - Inspections

Current through June 11, 2024
1. The Department may, at any time it
				determines an inspection is needed, conduct an investigation into the premises,
				facilities, qualifications of personnel, methods of operation, policies and
				purposes of any marijuana establishment and of any person proposing to engage
				in the operation of a marijuana establishment. An inspection of a facility may
				include, without limitation, investigation of standards for safety from fire on
				behalf of the Department by the local fire protection agency. If a local fire
				protection agency is not available, the State Fire Marshal may conduct the
				inspection after the marijuana establishment pays the appropriate fee to the
				State Fire Marshal for such inspection.
2. The Department will not issue a license
				for a marijuana establishment until the Department completes an inspection of
				the marijuana establishment. Such an inspection may require more than one visit
				to the marijuana establishment.
3.
				The Department may conduct a preliminary walk-through of a marijuana
				establishment, upon request and subject to the availability of inspectors, to
				assist with questions and identify issues for correction before the inspection
				of the marijuana establishment. Before requesting a preliminary walk-through, a
				marijuana establishment must complete all construction and be near completion
				of all other requirements of the laws and regulations of this State. If the
				Department conducts a preliminary walk-through at the request of a marijuana
				establishment, the Department will issue an invoice to the marijuana
				establishment for the costs of the preliminary walk-through, including, without
				limitation, travel and inspection activities.
4. In addition to complying with the
				provisions of chapters 372A and 453D of NRS and chapter 372A of NAC governing
				the imposition of an excise tax on marijuana establishments, a marijuana
				establishment may not operate until it has been issued a license from the
				Department.
5. The Department will
				not issue a license for a marijuana establishment until the Department has
				received a satisfactory report of full compliance with and completion of all
				applicable public safety inspections required by state and local jurisdictions,
				including, without limitation, fire, building, health and air quality
				inspections, except as otherwise provided in NAC 453D.292.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.292 - Authority of Department, Tax Commission and Executive Director relating to inspections and investigations, summoning of witnesses and issuance of subpoenas, administration of oaths and administration of provisions of chapter

Current through June 11, 2024
1. Submission of an
				application for a license for a marijuana establishment constitutes permission
				for entry to and reasonable inspection of the marijuana establishment by the
				Department, with or without notice. An inspector conducting an inspection
				pursuant to this section does not need to be accompanied during the
				inspection.
2. The Department may,
				upon receipt of a complaint against a marijuana establishment, except for a
				complaint concerning the cost of services, a complaint concerning the efficacy
				of marijuana or a complaint related to consumer service issues, conduct an
				investigation during the operating hours of the marijuana establishment, with
				or without notice, into the premises, facilities, qualifications of personnel,
				methods of operation, policies, procedures and records of that marijuana
				establishment or any other marijuana establishment which may have information
				pertinent to the complaint.
3. The
				Department may enter and inspect any building or premises at any time, with or
				without notice, to:
(a) Secure compliance with
				any provision of this chapter or chapter 453D of NRS;
(b) Prevent a violation of any provision of
				this chapter or chapter 453D of NRS; or
(c) Conduct an unannounced inspection of a
				marijuana establishment in response to an allegation of noncompliance with this
				chapter or chapter 453D of NRS.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.295 - Surrender of license if marijuana establishment has not received final inspection; extension of time for final inspection; fee not refundable

Current through June 11, 2024
1. If a marijuana establishment has not
				received a final inspection within 12 months after the date on which the
				Department issued a license to the marijuana establishment, the marijuana
				establishment must surrender the license to the Department. The Department may
				extend the period specified in this subsection if the Department, in its
				discretion, determines that extenuating circumstances prevented the marijuana
				establishment from receiving a final inspection within the period specified in
				this subsection.
2. If a marijuana
				establishment surrenders a license to the Department pursuant to this section,
				the applicable licensing fee paid by the marijuana establishment is not
				refundable.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › MARIJUANA ESTABLISHMENTS › Licensing › Section 453D.300 - Notification to Department if marijuana establishment is closing; immediate surrender of license upon closing

Current through June 11, 2024
If a marijuana establishment is closing, the person
				  identified in subsection 1 of NAC 453D.250 for the marijuana establishment must
				  notify the Department of the closing at least 15 days before the marijuana
				  establishment is closed, and the marijuana establishment must surrender its
				  license to the Department immediately upon closing.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200