[Rev. 10/24/2014 1:28:53 PM]

[NAC-453A Revised Date: 9-14]

CHAPTER 453A - MEDICAL USE OF MARIJUANA

GENERAL PROVISIONS

453A.010         Definitions.

453A.020         “Attending physician” defined.

453A.023         “Batch” defined.

453A.024         “Batch number” defined.

453A.028         “Chief Medical Officer” defined.

453A.030         “Chronic or debilitating medical condition” defined.

453A.032         “Cultivation facility” defined.

453A.040         “Department” defined.

453A.050         “Designated primary caregiver” defined.

453A.052         “Division” defined.

453A.053         “Edible marijuana products” defined.

453A.054         “Electronic verification system” defined.

453A.055         “Enclosed, locked facility” defined.

453A.056         “Excluded felony offense” defined.

453A.057         “Facility for the production of edible marijuana products or marijuana-infused products” defined.

453A.058         “Independent testing laboratory” defined.

453A.059         “Inventory control system” defined.

453A.061         “Lot” defined.

453A.062         “Marijuana-infused products” defined.

453A.063         “Medical marijuana dispensary” defined.

453A.064         “Medical marijuana establishment” defined.

453A.065         “Medical marijuana establishment agent” defined.

453A.066         “Medical marijuana establishment agent registration card” defined.

453A.067         “Medical marijuana establishment registration certificate” defined.

453A.068         “Paraphernalia” defined.

453A.069         “Pesticide” defined.

453A.071         “Physician” defined.

453A.075         “Registry identification card” defined.

453A.078         “Usable marijuana” defined.

453A.080         “Immature marijuana plant” and “mature marijuana plant” interpreted.

REGISTRY IDENTIFICATION CARD

453A.100         Application: Required accompanying information.

453A.110         Written notice of approval or denial of application; issuance of card by Department of Motor Vehicles.

453A.120         Notification to Division of change in information.

453A.130         Renewal.

453A.140         Fees.

DESIGNATED PRIMARY CAREGIVER

453A.150         Restrictions.

PETITION FOR QUALIFICATION OF DISEASE OR CONDITION AS CHRONIC OR DEBILITATING MEDICAL CONDITION

453A.200         Submission; confidentiality; period for approval.

453A.210         Review by Chief Medical Officer; return to petitioner.

453A.220         Determinations by Chief Medical Officer.

453A.230         Notification of approval or denial.

453A.240         Final decision for purposes of judicial review.

PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA

Registration of Medical Marijuana Establishments and Medical Marijuana Establishment Agents

453A.300         Persons required to act on behalf of establishment.

453A.302         Applicability of requirements of chapter to certain owners of establishments.

453A.304         Request for applications to operate establishment: Notice; required provisions; time period for submission of applicants.

453A.306         Applications to operate establishment: Required provisions.

453A.308         Requirements for measuring distance between proposed establishment and school or community facility.

453A.310         Registration of establishments: Ranking of applicants.

453A.312         Registration of establishments: Issuance of provisional registration certificate to multiple applicants.

453A.314         Registration of establishments: Issuance of provisional registration certificate if only one application received.

453A.316         Registration of establishments: When operations may commence.

453A.318         Registration of establishments: Notice if registration certificate not issued.

453A.320         Health and safety inspections of establishments.

453A.322         Inspections of establishments.

453A.324         Registration certificates: Revocation if establishment not fully operational within 18 months.

453A.326         Registration certificates: Requirements for surrender; change in location of establishment; revocation; costs.

453A.328         Registration certificates: Requirements for renewal.

453A.330         Registration certificates: Suspension for operational deficiencies; plan of correction.

453A.332         Registration certificates: Grounds for denial, suspension or revocation; notice.

453A.334         Registration cards: Information required to obtain or renew.

453A.336         Registration cards: Categories; required training for agents.

453A.338         Registration cards: Electronic submission of applications.

453A.340         Registration cards: Requirements for changing name or address.

453A.342         Registration cards: Requirements for requesting replacement card.

453A.344         Registration cards: Expiration date of replacement card.

453A.346         Registration cards: Notice required when card is void and no longer valid.

453A.348         Registration cards: Grounds for denial or revocation.

453A.350         Grounds for disciplinary action.

453A.352         Fees; assessments.

Requirements Concerning Operation of Medical Marijuana Establishments

453A.400         Posting of registration certificate and other authorization to conduct business.

453A.402         Approval required before use of name, logo, sign and advertisement.

453A.404         Quality assurance testing required before sale of usable marijuana and related products.

453A.406         Persons authorized to be on premises of establishment; visitor identification badge required for other persons; maintenance of visitor log; regular, seasonal or temporary employees and volunteers.

453A.408         Policies and procedures.

453A.410         Duties of establishment relating to employees and volunteers; certain notice required.

453A.412         Duties of establishment agent before dispensing medical marijuana.

453A.414         Inventory control system; where establishment may acquire marijuana and related products; perpetual inventory system of manufacturing process; duties of establishment if loss is incurred.

453A.416         Requirements for transportation of marijuana, paraphernalia and related products.

453A.418         Reporting of loss or theft of medical marijuana; maintenance of documentation.

453A.420         Security.

453A.422         Hygiene requirements for agents; prohibition on direct contact with marijuana, equipment or materials for agents with certain health conditions.

453A.424         Building requirements; commercial weighing and measuring equipment.

453A.426         Requirements for establishments that prepare, sell or dispense edible marijuana products.

453A.428         Establishment responsible for costs incurred in cleaning up, mitigating or remedying environmental damage.

453A.430         Prohibition on use of chemicals or other compounds to alter color, appearance, weight or smell of usable marijuana.

Requirements Concerning Operation of Medical Marijuana Dispensaries

453A.450         Hours of operation.

453A.452         Patient records.

453A.454         Recognition of nonresident cards.

453A.456         Storage of usable marijuana and related products; disclosure of independent testing laboratory which performed quality assurance testing.

Requirements Concerning Operation of Cultivation Facilities

453A.470         Usable marijuana: Required disclosures; free samples.

453A.472         Restrictions on access to enclosed, locked facility where marijuana is cultivated; accompaniment by authorized medical marijuana establishment agent; prevention of observation or detection of marijuana outside facility.

Packaging and Labeling of Marijuana and Related Products

453A.500         Packaging: Generally.

453A.502         Labeling: Generally.

453A.504         Labeling as “organic.”

453A.506         Maximum unit size; minimum requirements for font and size of label.

453A.508         Labeling requirements for marijuana and related products for sale to medical marijuana dispensary.

453A.510         Labeling requirements for usable marijuana sold at retail; accompanying materials.

453A.512         Labeling requirements for edible marijuana products or marijuana-infused products sold at retail; accompanying materials.

453A.514         Required examinations of packaged and labeled products.

Requirements for the Production of Edible Marijuana Products and Marijuana-Infused Products

453A.550         “Potentially hazardous marijuana products and ingredients” defined.

453A.552         Person in charge: Demonstration of knowledge.

453A.554         Hand washing required of medical marijuana establishment agents.

453A.556         Hand washing: Procedure.

453A.558         Hand washing: When required.

453A.560         Methods for handling marijuana products.

453A.562         Non-marijuana ingredients: Approved sources.

453A.564         Methods for preventing contamination.

453A.566         Requirements for preparing, cooking and cooling marijuana products.

453A.568         Requirements for date marking.

453A.570         Materials used in construction of utensils and contact surfaces of equipment.

453A.572         Sinks; alternative equipment.

453A.574         Ventilation hood systems and devices.

453A.576         Temperature of hot water sanitizing rinse; chemical sanitizers.

453A.578         Surfaces of equipment and utensils: General requirements.

453A.580         Surfaces of equipment and utensils: Cleaning frequency.

453A.582         Surfaces of equipment and utensils: Sanitizing.

453A.584         Cooking and baking equipment and microwave ovens: Cleaning frequency.

453A.586         Light intensity.

453A.588         Mechanical ventilation.

453A.590         Filters used to manufacture, process or package marijuana products.

453A.592         Authorized methods, equipment, solvents, gases and mediums.

Standards for Cultivation and Preparation of Marijuana and Marijuana Products

453A.600         Minimum good manufacturing practices.

453A.602         Quality control unit.

453A.604         Hygiene standards for establishment agents at certain medical marijuana establishments.

453A.606         Physical facilities: Generally.

453A.608         Physical facilities: Lighting requirements for certain establishments.

453A.610         Physical facilities: Ventilation and filtration requirements for certain medical marijuana establishments.

453A.612         Potable water; drains.

453A.614         Written procedures for sanitation and control of vermin.

453A.616         Maintenance of buildings in good state of repair.

453A.618         Equipment and utensils: Requirements for maintenance, cleaning, sanitizing and inspection for certain medical marijuana establishments.

453A.620         Requirements for components, product containers and closures for certain medical marijuana establishments.

453A.622         Written procedures for production and process control required for certain medical marijuana establishments.

453A.624         Requirements relating to labeling and packaging materials for certain medical marijuana establishments.

453A.626         Prohibition on salvage of marijuana and marijuana products subjected to certain conditions by certain medical marijuana establishments; salvage allowed with certain evidence; records.

Requirements for Independent Testing Laboratories

453A.650         Scientific director: Responsibilities; qualifications.

453A.652         Testing methodologies; practices, procedures and programs relating thereto; inspections.

453A.654         Required quality assurance tests.

453A.656         General requirements.

453A.658         Sample testing; disposal of samples; standards; laboratory test results; grounds for disciplinary action.

453A.660         Proficiency testing program: Establishment by Division; participation.

453A.662         Establishment of policies for adequate chain of custody and requirements for samples of products provided to laboratory.

453A.664         Requirements for laboratory claiming to be accredited.

453A.666         Independent Laboratory Advisory Committee: Establishment; duties.

453A.668         Random quality assurance compliance checks.

453A.670         Requirements regarding amount of usable marijuana and marijuana products allowed on premises of laboratory.

453A.672         Authorized use of marijuana upon failure of quality assurance test; requirements for retesting.

Miscellaneous Provisions

453A.700         Certain public employees prohibited from having financial interest in or being employed by or volunteering at medical marijuana establishment.

453A.702         Duties of Division regarding fees, revenue and gifts and grants.

453A.704         Maximum allowable quantity of edible marijuana products and marijuana-infused products.

453A.706         Division authorized to limit marijuana production within State.

453A.708         Limitations on promoting marijuana and marijuana products; applicability of chapter governing labeling and testing.

453A.710         Division authorized to collect fee for costs of investigating complaint if substantiated; amount of fee.

453A.712         Confidentiality of information relating to security of medical marijuana establishment.

453A.714         Confidentiality of name and any other identifying information of persons who facilitate or deliver services pursuant to chapter.

453A.716         Tracking and evaluation of attending physicians by Division; submission of certain information to appropriate regulatory boards.

453A.718         Division to maintain log of certain persons authorized to cultivate, grow or produce marijuana; contents of log; accessibility.

453A.720         Designation of medical marijuana dispensary: Communication of designation by Division.

 

 

GENERAL PROVISIONS

      NAC 453A.010  Definitions. (NRS 453A.370, 453A.710, 453A.740)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 453A.020 to 453A.078, inclusive, 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)

      NAC 453A.020  “Attending physician” defined. (NRS 453A.740)  “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)

      NAC 453A.023  “Batch” defined. (NRS 453A.370)  “Batch” means a specific lot of marijuana grown from one or more seeds or cuttings that are planted and harvested at the same time.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.024  “Batch number” defined. (NRS 453A.370)  “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)

      NAC 453A.028  “Chief Medical Officer” defined. (NRS 453A.710)  “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.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)—(Substituted in revision for NAC 453A.070)

      NAC 453A.030  “Chronic or debilitating medical condition” defined. (NRS 453A.740)  “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)

      NAC 453A.032  “Cultivation facility” defined. (NRS 453A.370)  “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)

      NAC 453A.040  “Department” defined. (NRS 453A.740)  “Department” means the State Department of Agriculture.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

      NAC 453A.050  “Designated primary caregiver” defined. (NRS 453A.740)  “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)

      NAC 453A.052  “Division” defined. (NRS 453A.710)  “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)

      NAC 453A.053  “Edible marijuana products” defined. (NRS 453A.370)  “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)

      NAC 453A.054  “Electronic verification system” defined. (NRS 453A.370)  “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)

      NAC 453A.055  “Enclosed, locked facility” defined. (NRS 453A.370)  “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)

      NAC 453A.056  “Excluded felony offense” defined. (NRS 453A.370)  “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)

      NAC 453A.057  “Facility for the production of edible marijuana products or marijuana-infused products” defined. (NRS 453A.370)  “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)

      NAC 453A.058  “Independent testing laboratory” defined. (NRS 453A.370)  “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)

      NAC 453A.059  “Inventory control system” defined. (NRS 453A.370)  “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)

      NAC 453A.061  “Lot” defined. (NRS 453A.370)  “Lot” means:

     1.  The flowers from one or more marijuana plants of the same strain, in a quantity that weighs 5 pounds or less; or

     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.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.062  “Marijuana-infused products” defined. (NRS 453A.370)  “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)

      NAC 453A.063  “Medical marijuana dispensary” defined. (NRS 453A.370)  “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)

      NAC 453A.064  “Medical marijuana establishment” defined. (NRS 453A.370)  “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)

      NAC 453A.065  “Medical marijuana establishment agent” defined. (NRS 453A.370)  “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)

      NAC 453A.066  “Medical marijuana establishment agent registration card” defined. (NRS 453A.370)  “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)

      NAC 453A.067  “Medical marijuana establishment registration certificate” defined. (NRS 453A.370)  “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)

      NAC 453A.068  “Paraphernalia” defined. (NRS 453A.370)  “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)

      NAC 453A.069  “Pesticide” defined. (NRS 453A.370)  “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)

      NAC 453A.071  “Physician” defined. (NRS 453A.370)  “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)

      NAC 453A.075  “Registry identification card” defined. (NRS 453A.740)  “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)

      NAC 453A.078  “Usable marijuana” defined. (NRS 453A.370)  “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)

      NAC 453A.080  “Immature marijuana plant” and “mature marijuana plant” interpreted. (NRS 453A.740)  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)

REGISTRY IDENTIFICATION CARD

      NAC 453A.100  Application: Required accompanying information. (NRS 453A.210, 453A.370, 453A.740)

     1.  In addition to the materials required by NRS 453A.210, an application for a registry identification card 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, and that the applicant and the designated primary caregiver, if any, 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;

     (e) An acknowledgment form that is prescribed by the Division and signed by the applicant and designated primary caregiver, if any;

     (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.

     2.  The Division will request a name-based check of an applicant, a caregiver or the parent of a child from the Central Repository for Nevada Records of Criminal History and, if such check is inadequate to determine the criminal history of an applicant, caregiver or parent of a child, the Division may request a complete set of the fingerprints of the applicant and the designated primary caregiver, if any.

     3.  As used in this section, “resident” has the meaning ascribed to it in NRS 453A.210.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001; A by R189-03, 1-3-2005; A by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.110  Written notice of approval or denial of application; issuance of card by Department of Motor Vehicles. (NRS 453A.370, 453A.740)

     1.  If the Division approves an application for a registry identification card:

     (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. Upon the presentation of the written notice and proof of identity, 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.

     2.  If the Division denies an application for a registry identification card, the Division will provide the applicant and designated primary caregiver, if any, with written notice of its denial by certified mail.

     (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)

      NAC 453A.120  Notification to Division of change in information. (NRS 453A.230, 453A.370, 453A.740)  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)

      NAC 453A.130  Renewal. (NRS 453A.220, 453A.370, 453A.740)  A person to whom a registry identification card has been issued may renew that card 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 his or her expired registry identification card to the Department of Motor Vehicles.

     (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)

      NAC 453A.140  Fees. (NRS 453A.370, 453A.740)  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......................................

                 $25

     2.  For the issuance to a person of a registry identification card after the Division has approved the person’s application to receive such a card....................................................

                 $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)

DESIGNATED PRIMARY CAREGIVER

      NAC 453A.150  Restrictions. (NRS 453A.740)

     1.  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 one person.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

PETITION FOR QUALIFICATION OF DISEASE OR CONDITION AS CHRONIC OR DEBILITATING MEDICAL CONDITION

      NAC 453A.200  Submission; confidentiality; period for approval. (NRS 453A.710)

     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.

     3.  The Division, through the Chief Medical Officer, will approve a petition submitted pursuant to subsection 1 within 180 days after the date on which the petition is received.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

      NAC 453A.210  Review by Chief Medical Officer; return to petitioner. (NRS 453A.710)

     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.

     2.  If, as determined by the Chief Medical Officer, the petition:

     (a) Is not in the form prescribed by the Division;

     (b) Is not complete; or

     (c) Describes a particular disease or condition that is already included among the diseases and conditions that qualify as chronic or debilitating medical conditions,

Ê the Chief Medical Officer will refuse to accept the petition and will return the petition to the person that submitted the petition, accompanied by an explanation of the reason for its return.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

      NAC 453A.220  Determinations by Chief Medical Officer. (NRS 453A.710)

     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.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

      NAC 453A.230  Notification of approval or denial. (NRS 453A.710)  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)

      NAC 453A.240  Final decision for purposes of judicial review. (NRS 453A.710)  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)

PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA

Registration of Medical Marijuana Establishments and Medical Marijuana Establishment Agents

      NAC 453A.300  Persons required to act on behalf of establishment. (NRS 453A.370)

     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.

     2.  For the purposes of this chapter and chapter 453A of NRS, the following persons must comply with the provisions governing owners, officers and board members of a medical marijuana establishment:

     (a) If a corporation is applying for a medical marijuana establishment registration certificate, the officers of the corporation;

     (b) If a partnership is applying for a medical marijuana establishment registration certificate, the partners;

     (c) If a limited-liability company is applying for a medical marijuana establishment registration certificate, the members of the limited-liability company;

     (d) If an association or cooperative is applying for a medical marijuana establishment registration certificate, the members of the association or cooperative;

     (e) If a joint venture is applying for a medical marijuana establishment registration certificate, the natural persons who signed the joint venture agreement; and

     (f) If a business organization other than those described in paragraphs (a) to (e), inclusive, is applying for a medical marijuana establishment registration certificate, the members of the business organization.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.302  Applicability of requirements of chapter to certain owners of establishments. (NRS 453A.370)

     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)

      NAC 453A.304  Request for applications to operate establishment: Notice; required provisions; time period for submission of applicants. (NRS 453A.370)

     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 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.

     2.  When the Division issues a request for applications pursuant to this section, the Division will include in the request the point values that will be allocated to each applicable portion of the application.

     3.  The Division will accept applications in response to a request for applications issued pursuant to this section for 10 business days beginning on the date which is 45 business days after the date on which the Division issued the request for applications.

     4.  If the Division receives an application in response to a request for applications issued pursuant to this section on a date other than the dates set forth in subsection 3, the Division must not consider the application and must return the application to the entity that submitted the application.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.306  Applications to operate establishment: Required provisions. (NRS 453A.322, 453A.344, 453A.370)  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 patients who hold valid registry identification cards or to the designated primary caregivers of such patients;

     (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.

     3.  Documentation from a financial institution in this State, or any other state or the District of Columbia, which demonstrates:

     (a) That the applicant has at least $250,000 in liquid assets as required pursuant to sub-subparagraph (III) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322, which are unencumbered and can be converted within 30 days after a request to liquidate such assets; and

     (b) The source of those liquid assets.

     4.  To assist the Division in considering the criterion of merit set forth in subsection 9 of NRS 453A.328, evidence of the amount of taxes paid to, 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 medical marijuana establishment.

     5.  A description of the proposed organizational structure of the proposed medical marijuana establishment, including, without limitation:

     (a) An organizational chart showing all owners, officers and board members of the proposed medical marijuana establishment;

     (b) A list of all owners, officers and board members of the proposed medical marijuana establishment that contains the following information for each person:

          (1) The title of the person;

          (2) A short description of the role the person will serve in for the organization and his or her responsibilities;

          (3) Whether the person has served or is currently serving as an owner, officer or board member for another medical marijuana establishment;

          (4) Whether the person has served as an owner, officer or board member for a medical marijuana establishment that has had its medical marijuana establishment registration certificate revoked;

          (5) Whether the person has previously had a medical marijuana establishment agent registration card revoked;

          (6) Whether the person is an attending physician currently providing written documentation for the issuance of registry identification cards;

          (7) Whether the person is a law enforcement officer;

          (8) Whether the person is currently an employee or contractor of the Division; and

          (9) Whether the person has an ownership or financial investment interest in any other medical marijuana establishment.

     6.  For each owner, officer and board member of the proposed medical marijuana establishment:

     (a) 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 to operate a medical marijuana establishment is true and correct;

     (b) A narrative description, not to exceed 750 words, demonstrating:

          (1) Past experience working with governmental agencies and highlighting past community involvement;

          (2) Any previous experience at operating other businesses or nonprofit organizations; and

          (3) Any demonstrated knowledge or expertise with respect to the compassionate use of marijuana to treat medical conditions; and

     (c) A resume.

     7.  To assist the Division in considering the criterion of merit set forth in subsection 7 of NRS 453A.328, documentation concerning the adequacy of the size of the proposed medical marijuana establishment to serve the needs of persons who are authorized to engage in the medical use of marijuana, including, without limitation, building and construction plans with supporting details.

     8.  To assist the Division in considering the criterion of merit set forth in subsection 8 of NRS 453A.328, the integrated plan of the proposed medical marijuana establishment for the care, quality and safekeeping of medical marijuana from seed to sale, including, without limitation, a plan for testing and verifying medical marijuana, a transportation plan and procedures to ensure adequate security measures, including, without limitation, building security and product security.

     9.  A plan for the business which includes, without limitation, a description of the inventory control system of the proposed medical marijuana establishment to satisfy the requirements of sub-subparagraph (II) of subparagraph (3) of paragraph (a) of subsection 3 of NRS 453A.322.

     10.  To assist the Division in considering the criterion of merit set forth in subsection 1 of NRS 453A.328, a financial plan which includes, without limitation:

     (a) Financial statements showing the resources of the applicant;

     (b) 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 Division awards a medical marijuana establishment registration certificate to the applicant and the applicant obtains the necessary approvals from local governments to operate the proposed medical marijuana establishment; and

     (c) Proof that the applicant has adequate money to cover all expenses and costs of the first year of operation.

     11.  Evidence that the applicant has a plan to staff, educate and manage the proposed medical marijuana establishment on a daily basis, which must include, without limitation:

     (a) A detailed budget for the proposed medical marijuana establishment, including pre-opening, construction and first year operating expenses;

     (b) An operations manual that demonstrates compliance with this chapter;

     (c) An education plan which must include, without limitation, providing educational materials to the staff of the proposed medical marijuana establishment; and

     (d) A plan to minimize the environmental impact of the proposed medical marijuana establishment.

     12.  To assist the Division in considering the criteria of merit set forth in subsections 6 and 7 of NRS 453A.328, a proposal demonstrating:

     (a) The likely impact of the proposed medical marijuana establishment on the community in which it is proposed to be located; and

     (b) The manner in which the proposed medical marijuana establishment will meet the needs of the persons who are authorized to engage in the medical use of marijuana.

     13.  If a local government in which a proposed medical marijuana establishment will be located has not enacted zoning restrictions or the applicant is not required to secure approval that the applicant is in compliance with any such restrictions, a professionally prepared survey which demonstrates that the applicant has satisfied all the requirements of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322.

     14.  A response to and information which supports any other criteria of merit the Division determines to be relevant, which will be specified and requested by the Division at the time the Division 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 NAC 453A.304.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.308  Requirements for measuring distance between proposed establishment and school or community facility. (NRS 453A.370)  For the purposes of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322, the distance must be measured from the front door of the proposed medical marijuana establishment to the closest point of the property line of a school or community facility.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.310  Registration of establishments: Ranking of applicants. (NRS 453A.370)

     1.  If, within 10 business days after the date on which the Division begins accepting applications in response to a request for applications issued pursuant to NAC 453A.304, the Division receives more than one application and the Division determines that more than one of the applications is complete and in compliance with this chapter and chapter 453A of NRS, the Division will rank the applications, within each applicable local governmental jurisdiction for any applicants which are in a jurisdiction that limits the number of a type of medical marijuana establishment and statewide for each applicant which is in a jurisdiction that does not specify a limit, in order from first to last based on compliance with the provisions of this chapter and chapter 453A of NRS and on the content of the applications as it relates to:

     (a) The ownership or authorized use of property as required by sub-subparagraph (IV) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322;

     (b) Documentation of liquid assets as required by sub-subparagraph (III) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322;

     (c) Evidence of taxes paid and other beneficial financial contributions as described in subsection 9 of NRS 453A.328; and

     (d) The description of the proposed organizational structure of the proposed medical marijuana establishment and information concerning each owner, officer and board member of the proposed medical marijuana establishment, including, without limitation, the information provided pursuant to subsections 5 and 6 of NAC 453A.306.

     2.  The Division will not further evaluate an application that does not demonstrate a sufficient response to the criteria set forth in subsection 1 and will not issue a medical marijuana establishment registration certificate to that applicant.

     3.  If the Division receives any findings from a report concerning the criminal history of an applicant or person who is proposed to be an owner, officer or board member of a proposed medical marijuana establishment that disqualify that person from being qualified to serve in that capacity, the Division will provide notice to the applicant and give the applicant an opportunity to revise its application. If a person who is disqualified from serving as an owner, officer or board member remains on the application as a proposed owner, officer or board member 90 days after the date on which the Division initially received the application, the Division may disqualify the application.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.312  Registration of establishments: Issuance of provisional registration certificate to multiple applicants. (NRS 453A.370)

     1.  Except as otherwise provided in this section, the Division will issue provisional medical marijuana establishment registration certificates in accordance with subsection 3 of NRS 453A.326 and NAC 453A.316 to the highest ranked applicants until the Division has issued the number of medical marijuana establishment registration certificates designated by the Division.

     2.  If two or more applicants have the same total number of points for the last application being awarded a provisional medical marijuana establishment registration certificate, the Division will select the applicant which has scored the highest number of points as it relates to the proposed organizational structure of the proposed medical marijuana establishment and the information concerning each owner, officer and board member of the proposed medical marijuana establishment, including, without limitation, the information provided pursuant to subsections 5 and 6 of NAC 453A.306.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.314  Registration of establishments: Issuance of provisional registration certificate if only one application received. (NRS 453A.370)  If, within 10 business days after the date on which the Division begins accepting applications in response to a request for applications issued pursuant to NAC 453A.304, the Division receives only one application from an applicant:

     1.  In a specific local governmental jurisdiction which limits the number of a type of medical marijuana establishment to one; or

     2.  Statewide, if the applicant is in a jurisdiction which does not limit the number of a type of medical marijuana establishment,

Ê and the Division determines that the application is complete and in compliance with this chapter and chapter 453A of NRS, the Division will issue a provisional medical marijuana establishment registration certificate to that applicant in accordance with subsection 3 of NRS 453A.326 and NAC 453A.316.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.316  Registration of establishments: When operations may commence. (NRS 453A.370)

     1.  Except as otherwise provided in subsection 2, the issuance of a medical marijuana establishment registration certificate by the Division is provisional and not an approval to begin operations as a medical marijuana establishment until such time as:

     (a) The medical marijuana establishment is in compliance with all applicable local governmental ordinances and rules; and

     (b) The local government has issued a business license, or otherwise approved the applicant, for the operation of the medical marijuana establishment.

     2.  If the local government for a jurisdiction in which a medical marijuana establishment is located does not issue business licenses and does not approve or disapprove medical marijuana establishments in its jurisdiction, a medical marijuana establishment registration certificate becomes an approval to begin operations as a medical marijuana establishment when the medical marijuana establishment is in compliance with all applicable local governmental ordinances and rules.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.318  Registration of establishments: Notice if registration certificate not issued. (NRS 453A.370)  If the Division does not issue a medical marijuana establishment registration certificate to an applicant to operate a medical marijuana establishment, the Division must provide written notice to the applicant stating that the Division did not issue a medical marijuana establishment registration certificate to the applicant as a result of the provisions of NAC 453A.310 and 453A.312.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.320  Health and safety inspections of establishments. (NRS 453A.370)

     1.  The Division 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 medical marijuana establishment and of any person proposing to engage in the operation of a medical marijuana establishment. An inspection of a facility may include, without limitation, investigation of standards for safety from fire on behalf of the Division 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 medical marijuana establishment pays the appropriate fee to the State Fire Marshal for such inspection.

     2.  The Division will not issue a medical marijuana establishment registration certificate until the Division completes an inspection of the medical marijuana establishment. Such an inspection may require more than one visit to the medical marijuana establishment.

     3.  In addition to complying with the provisions of chapter 372A of NRS and chapter 372A of NAC governing the imposition of an excise tax on medical marijuana establishments, a medical marijuana establishment may not operate until it has been issued a medical marijuana establishment registration certificate from the Division.

     4.  The Division will not issue a medical marijuana establishment registration certificate until it 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 subsection 3 of NAC 453A.426.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.322  Inspections of establishments. (NRS 453A.370)

     1.  Submission of an application for a medical marijuana establishment registration certificate constitutes permission for entry to and reasonable inspection of the medical marijuana establishment by the Division, with or without notice. An inspector conducting an inspection pursuant to this section does not need to be accompanied during the inspection.

     2.  The Division may, upon receipt of a complaint against a medical marijuana establishment, except for a complaint concerning the cost of services, a complaint concerning the efficacy of medical marijuana or a complaint related to customer service issues, conduct an investigation during the operating hours of the medical marijuana establishment, with or without notice, into the premises, facilities, qualifications of personnel, methods of operation, policies, procedures and records of that medical marijuana establishment or any other medical marijuana establishment which may have information pertinent to the complaint.

     3.  The Division 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 453A of NRS;

     (b) Prevent a violation of any provision of this chapter or chapter 453A of NRS; or

     (c) Conduct an unannounced inspection of a medical marijuana establishment in response to an allegation of noncompliance with this chapter or chapter 453A of NRS.

     4.  The Division will enter and inspect at least annually, with or without notice, each building or the premises of a medical marijuana establishment to ensure compliance with the standards for health and sanitation.

     5.  The Division will enter and inspect, with or without notice, any building or premises operated by a medical marijuana establishment within 72 hours after the Division is notified that the medical marijuana establishment is operating without a medical marijuana establishment registration certificate.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.324  Registration certificates: Revocation if establishment not fully operational within 18 months. (NRS 453A.370)

     1.  If a medical marijuana establishment is not fully operational within 18 months after the date on which the Division issued the medical marijuana establishment registration certificate, the Division may revoke the medical marijuana establishment registration certificate. If the Division revokes a medical marijuana establishment registration certificate pursuant to this subsection, the applicable annual renewal fee paid by the establishment is not refundable.

     2.  If the Division revokes the medical marijuana establishment registration certificate of a medical marijuana establishment pursuant to subsection 1, the medical marijuana establishment may not reapply for a medical marijuana establishment registration certificate until at least 12 months after the date on which the previous medical marijuana establishment registration certificate was revoked.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.326  Registration certificates: Requirements for surrender; change in location of establishment; revocation; costs. (NRS 453A.370)

     1.  A medical marijuana establishment must surrender its medical marijuana establishment registration certificate and reapply for a medical marijuana establishment registration certificate during the next request for applications issued by the Division pursuant to NAC 453A.304:

     (a) Before all or substantially all of the assets of the medical marijuana establishment or 10 percent or more of the stock of the medical marijuana establishment are transferred; or

     (b) Except as otherwise provided in this section, any time there is a change in the location of the medical marijuana establishment if:

          (1) It is a material change that requires the medical marijuana establishment to go through an approval process by a local governmental entity; or

          (2) The new location is more than 5 miles from its original approved location.

     2.  A medical marijuana establishment may change the location of the medical marijuana establishment to a new location that is 5 miles or less from its original approved location if:

     (a) It provides to the Division before it changes location:

          (1) Written justification for the need to change the location; and

          (2) Land use approval for the new location from the local government, if applicable; and

     (b) The Division determines that the written justification is sufficient to justify the change in location.

     3.  A medical marijuana establishment may change the location of the medical marijuana establishment to a new location if the local government in which the medical marijuana establishment is located enacts zoning restrictions which prohibit the location of the medical marijuana establishment after the Division has issued a medical marijuana establishment registration certificate to the medical marijuana establishment.

     4.  If a medical marijuana establishment is closing, the manager of the medical marijuana establishment must notify the Division of the closing at least 15 days before the medical marijuana establishment is closed and the medical marijuana establishment must surrender its medical marijuana establishment registration certificate to the Division immediately upon closing.

     5.  If, after investigation, the Division determines that there is cause to believe that a medical marijuana establishment has made changes in ownership or other changes to circumvent the provisions of NRS 453A.334 which prevent the transfer of a medical marijuana establishment registration certificate, the Division will take action to revoke the medical marijuana establishment registration certificate of that medical marijuana establishment.

     6.  A medical marijuana establishment is responsible to the Division for all costs incurred by the Division to determine whether any changes in ownership or other changes were made to circumvent the provisions of NRS 453A.334 which prevent the transfer of a medical marijuana establishment registration certificate.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.328  Registration certificates: Requirements for renewal. (NRS 453A.370)  In addition to the information required to be submitted to the Division pursuant to subsection 5 of NRS 453A.322, a person or entity that wishes to renew a medical marijuana establishment registration certificate must submit to the Division:

     1.  An application in the format prescribed by the Division that includes:

     (a) The identification number of the medical marijuana establishment;

     (b) The name of the entity applying to renew the medical marijuana establishment registration certificate, as reflected in the articles of incorporation or other documents filed with the Secretary of State;

     (c) The name of the person designated to submit applications for medical marijuana establishment agent registration cards on behalf of the medical marijuana establishment pursuant to subsection 2 of NRS 453A.332;

     (d) If the medical marijuana establishment is a medical marijuana dispensary, the proposed hours of operation during which the medical marijuana dispensary plans to be available to dispense medical marijuana to patients who hold valid registry identification cards or to the designated primary caregivers of such patients;

     (e) The number of the medical marijuana establishment agent registration cards issued to each owner, officer or board member of the medical marijuana establishment;

     (f) For each owner, officer and board member of the medical marijuana establishment, whether the owner, officer or board member:

          (1) Has served as an owner, officer or board member for a medical marijuana establishment that has had its medical marijuana establishment registration certificate revoked;

          (2) Is an attending physician currently providing written documentation for the issuance of registry identification cards;

          (3) Is a law enforcement officer;

          (4) Is an employee or contractor of the Division; or

          (5) Has an ownership or financial investment interest in any other medical marijuana establishment;

     (g) An attestation that the information provided to the Division to renew the medical marijuana establishment registration certificate is true and correct according to the information known by the affiant at the time of signing; and

     (h) The signature of a natural person for the medical marijuana establishment as described in subsection 1 of NAC 453A.300 and the date on which he or she signed the application.

     2.  A copy of an annual financial statement of the medical marijuana establishment for the previous year, or for the portion of the previous year during which the medical marijuana establishment was operational, which is prepared according to generally accepted accounting principles.

     3.  A report of an audit by an independent certified public accountant of the annual financial statement submitted pursuant to subsection 2.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.330  Registration certificates: Suspension for operational deficiencies; plan of correction. (NRS 453A.370)

     1.  If the Division determines that there are any deficiencies in the operation of a medical marijuana establishment or in the provision of services by a medical marijuana establishment, the Division may suspend its medical marijuana establishment registration certificate and request a written plan of correction from the medical marijuana establishment.

     2.  A medical marijuana establishment whose medical marijuana establishment registration certificate has been suspended pursuant to subsection 1 shall develop a plan of correction for each deficiency and submit the plan to the Division for approval within 10 business days after receipt of the statement of deficiencies. The plan of correction must include specific requirements for corrective action, which must include times within which the deficiencies are to be corrected.

     3.  If the plan submitted pursuant to subsection 2 is not acceptable to the Division, the Division may direct the medical marijuana establishment to resubmit a plan of correction or the Division may develop a directed plan of correction with which the medical marijuana establishment must comply.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.332  Registration certificates: Grounds for denial, suspension or revocation; notice. (NRS 453A.370)

     1.  The Division will deny an application for or an application to renew a medical marijuana establishment registration certificate if:

     (a) The application or the medical marijuana establishment is not in compliance with any provision of this chapter or chapter 453A of NRS; or

     (b) An owner, officer or board member of the medical marijuana establishment:

          (1) Is an employee or contractor of the Division;

          (2) Has an ownership or financial investment interest in an independent testing laboratory and also is an owner, officer or board member of a medical marijuana dispensary, cultivation facility or facility for the production of edible marijuana products or marijuana-infused products; or

          (3) Provides false or misleading information to the Division.

     2.  The Division will revoke a medical marijuana establishment registration certificate if:

     (a) The medical marijuana establishment engages in an activity set forth in NRS 453A.340;

     (b) An owner, officer or board member of the establishment has been convicted of an excluded felony offense; or

     (c) The Division receives formal notice from the applicable local government that the medical marijuana establishment has had its authorization to operate terminated.

     3.  The Division may deny an application for or an application to renew a medical marijuana establishment registration certificate or may suspend or revoke any medical marijuana establishment registration certificate issued under the provisions of this chapter and chapter 453A of NRS upon any of the following grounds:

     (a) Violation by the applicant or the medical marijuana establishment of any of the provisions of this chapter or chapter 453A of NRS.

     (b) The failure or refusal of an applicant or medical marijuana establishment to comply with any of the provisions of this chapter or chapter 453A of NRS.

     (c) The failure or refusal of a medical marijuana establishment to carry out the policies and procedures or comply with the statements provided to the Division in the application of the medical marijuana establishment.

     (d) Operating a medical marijuana establishment without a medical marijuana establishment registration certificate.

     (e) The failure or refusal to return an adequate plan of correction to the Division within 10 days after receipt of a statement of deficiencies pursuant to NAC 453A.330.

     (f) The failure or refusal to correct any deficiency specified by the Division within the period specified in a plan of correction developed pursuant to NAC 453A.330.

     (g) The failure or refusal to cooperate fully with an investigation or inspection by the Division.

     (h) The failure to comply with the provisions of chapter 372A of NRS and chapter 372A of NAC governing the imposition of an excise tax on medical marijuana establishments.

     4.  If the Division denies an application for or an application to renew a medical marijuana establishment registration certificate or revokes a medical marijuana establishment registration certificate, the Division must provide notice to the applicant or medical marijuana establishment that includes, without limitation, the specific reasons for the denial or revocation.

     5.  Before denying an application for or an application to renew a medical marijuana establishment registration certificate or revoking a medical marijuana establishment registration certificate as a result of the actions of an owner, officer or board member of the medical marijuana establishment pursuant to paragraph (b) of subsection 1 or paragraph (b) of subsection 2, the Division may provide the medical marijuana establishment with an opportunity to correct the situation.

     6.  The Division will not deny an application to renew a medical marijuana establishment registration certificate or revoke a medical marijuana establishment registration certificate based on a change in ownership of the medical marijuana establishment if the medical marijuana establishment is in compliance with the provisions of this chapter and chapter 453A of NRS.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.334  Registration cards: Information required to obtain or renew. (NRS 453A.332, 453A.370)  To obtain or renew a medical marijuana establishment agent registration card pursuant to NRS 453A.332, for a person employed by or contracted with a medical marijuana establishment or a person who volunteers at a medical marijuana establishment other than a consultant who performs professional services for the medical marijuana establishment, the medical marijuana establishment shall, in addition to the information required to be submitted to the Division pursuant to NRS 453A.332, submit to the Division:

     1.  A copy of any valid government-issued identification card of the person which includes a photograph of the person.

     2.  The name and identification number of the medical marijuana establishment.

     3.  The signature of the natural person designated to submit applications for medical marijuana establishment agent registration cards on behalf of the medical marijuana establishment pursuant to subsection 2 of NRS 453A.332 and the date of that signature.

     4.  An attestation signed and dated by the person that the person has not been convicted of an excluded felony offense.

     5.  Either:

     (a) A statement that the person does not currently hold a valid medical marijuana establishment agent registration card; or

     (b) The number of the person’s current medical marijuana establishment agent registration card.

     6.  A current photograph of the person.

     7.  If fingerprints were submitted pursuant to subsection 5 of NRS 453A.332 to the Division as part of an application for a medical marijuana establishment agent registration card for another medical marijuana establishment within the 6 months immediately preceding the date of the application, the number of the medical marijuana establishment agent card issued to the person as a result of the application.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.336  Registration cards: Categories; required training for agents. (NRS 453A.370)

     1.  The Division will issue medical marijuana establishment agent registration cards for each of the following categories:

     (a) An independent testing laboratory;

     (b) A cultivation facility;

     (c) A facility for the production of edible marijuana products or marijuana-infused products; or

     (d) A medical marijuana dispensary.

     2.  Each medical marijuana establishment agent registration card issued pursuant to NRS 453A.332 must indicate the applicable category. The person to whom the medical marijuana establishment registration card is issued may only be employed by or volunteer at the type of medical marijuana establishment for which he or she is registered.

     3.  A medical marijuana establishment shall ensure that training is provided to a medical marijuana establishment agent before that person begins to work or volunteer at the medical marijuana establishment. Such training must include, without limitation:

     (a) The proper use of security measures and controls that have been adopted by the medical marijuana establishment for the prevention of diversion, theft or loss of marijuana;

     (b) Procedures and instructions for responding to an emergency; and

     (c) State and federal statutes and regulations regarding confidentiality of information related to the medical use of marijuana.

     4.  In addition to the training set forth in subsection 3, a medical marijuana dispensary shall ensure that instruction is provided to a medical marijuana establishment agent before that person begins to work or volunteer at the medical marijuana dispensary. Such instruction must include, without limitation:

     (a) The different strains of marijuana;

     (b) The different methods of using marijuana, edible marijuana products and marijuana-infused products; and

     (c) Learning to recognize signs of medicine abuse or instability in the medical use of marijuana by a patient.

     5.  In addition to the training set forth in subsection 3, an independent testing laboratory shall ensure that instruction is provided to a medical marijuana establishment agent before that person begins to work or volunteer at the independent testing laboratory. Such instruction must include, without limitation:

     (a) The good laboratory practices adopted by the independent testing laboratory; and

     (b) The standard operating procedures and the quality control and quality assurance programs of the independent testing laboratory.

     6.  In addition to the training set forth in subsection 3, a cultivation facility shall ensure that instruction is provided to a medical marijuana establishment agent before that person begins to work or volunteer at the cultivation facility. Such instruction must include, without limitation:

     (a) The methods of cultivation used by the cultivation facility;

     (b) The methods of fertilization used by the cultivation facility;

     (c) Methods for recognizing the signs of insect infestation, pathogens and disease in marijuana plants, and the procedures for eradication and the safe disposal of plants so affected;

     (d) The nutritional requirements of marijuana plants at various growth stages, including, without limitation, proper mixing and dispersal of fertilizer, flushing procedures and procedures for postharvest trimming, drying and curing; and

     (e) The safe handling of equipment, including, without limitation, high-intensity discharge lamps, electrical ballasts, pumps, fans, cutting implements and other equipment for cultivation.

     7.  In addition to the training set forth in subsection 3, a facility for the production of edible marijuana products or marijuana-infused products shall ensure that instruction is provided to a medical marijuana establishment agent before that person begins to work or volunteer at the facility for the production of edible marijuana products or marijuana-infused products. Such instruction must include, without limitation:

     (a) Understanding the difference between topical products, edible marijuana products and marijuana-infused products, as applicable to the operations of the facility for the production of edible marijuana products or marijuana-infused products;

     (b) The procedures used by the facility for the production of edible marijuana products or marijuana-infused products to create edible marijuana products or marijuana-infused products; and

     (c) The proper procedures for handling edible marijuana products or marijuana-infused products, including, without limitation, the procedures used to prepare, produce, package and store such products as required by the provisions of this chapter and chapter 453A of NRS.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.338  Registration cards: Electronic submission of applications. (NRS 453A.370)  An applicant submitting an application for a medical marijuana establishment agent registration card pursuant to NRS 453A.332 or renewing, amending, changing or replacing a medical marijuana establishment agent registration card shall submit the application electronically in the format prescribed by the Division.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.340  Registration cards: Requirements for changing name or address. (NRS 453A.370)  To make a change to the name or address on a medical marijuana establishment agent registration card, the medical marijuana establishment agent must submit to the Division a request for the change, which must include:

     1.  The name on and the number of the current medical marijuana establishment agent registration card of the cardholder;

     2.  The new name or address of the cardholder;

     3.  The effective date of the new name or address of the cardholder;

     4.  For a change of the address of the cardholder, the county and state in which the new address is located; and

     5.  For a change of the name of the cardholder, a copy of any valid government-issued identification card of the cardholder which includes a photograph of the person and the new name and address of the cardholder.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.342  Registration cards: Requirements for requesting replacement card. (NRS 453A.370)  To request a replacement medical marijuana establishment agent registration card that has been lost, stolen or destroyed, the medical marijuana establishment agent shall submit to the Division, within 3 working days after the card was lost, stolen or destroyed, a request for a replacement card which must include:

     1.  The name and date of birth of the cardholder;

     2.  If known, the number of the lost, stolen or destroyed medical marijuana establishment agent registration card; and

     3.  If the cardholder cannot provide the number of the lost, stolen or destroyed medical marijuana establishment agent registration card, a copy of:

     (a) Any valid government-issued identification card of the cardholder which includes a photograph of the person; or

     (b) A medical marijuana establishment agent registration card previously issued to the person.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.344  Registration cards: Expiration date of replacement card. (NRS 453A.370)  If the Division issues a medical marijuana establishment agent registration card based on a request pursuant to NAC 453A.340 or 453A.342, the new medical marijuana establishment agent registration card must have the same expiration date as the medical marijuana establishment registration agent card being changed or replaced.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.346  Registration cards: Notice required when card is void and no longer valid. (NRS 453A.370)

     1.  The Division will provide written notice to a medical marijuana establishment agent that his or her medical marijuana establishment agent registration card is void and no longer valid when:

     (a) The medical marijuana establishment registration certificate listed on the medical marijuana establishment agent registration card of the cardholder is no longer valid; or

     (b) The Division receives the written notice required by subsection 3 of NRS 453A.332 or subsection 3 or 4 of NAC 453A.410 that the medical marijuana establishment agent:

          (1) No longer serves as an owner, officer or board member of the medical marijuana establishment;

          (2) Is no longer employed by or contracted with the medical marijuana establishment; or

          (3) No longer volunteers at the medical marijuana establishment.

     2.  Written notice provided by the Division pursuant to this section is not a revocation and is not considered a final decision of the Division subject to administrative review.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.348  Registration cards: Grounds for denial or revocation. (NRS 453A.370)

     1.  The Division will deny an application for or an application to renew a medical marijuana establishment agent registration card if the applicant:

     (a) Does not meet the requirements set forth in NRS 453A.332; or

     (b) Previously had a medical marijuana establishment agent registration card revoked.

     2.  The Division may deny an application for or an application to renew a medical marijuana establishment agent registration card if the applicant provides false or misleading information to the Division.

     3.  The Division will revoke a medical marijuana establishment agent registration card if the medical marijuana establishment agent:

     (a) Dispenses or otherwise diverts marijuana to a person who is not authorized by law to possess marijuana in accordance with the provisions of this chapter and chapter 453A of NRS;

     (b) Has been convicted of an excluded felony offense; or

     (c) Engages in an activity set forth in NRS 453A.342.

     4.  The Division may revoke a medical marijuana establishment agent registration card if the medical marijuana establishment agent knowingly violates any provision of this chapter or chapter 453A of NRS.

     5.  If the Division denies an application for or an application to renew a medical marijuana establishment agent registration card or revokes a medical marijuana establishment agent registration card, the Division will provide notice to the applicant or medical marijuana establishment agent that includes, without limitation, the specific reasons for the denial or revocation.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.350  Grounds for disciplinary action. (NRS 453A.370)

     1.  A violation of any of the provisions of NAC 453A.300 to 453A.720, inclusive, is grounds for disciplinary action by the Division, including, without limitation, immediate revocation of a medical marijuana establishment registration certificate pursuant to subsection 3 of NRS 453A.340.

     2.  A violation of any of the provisions of NAC 453A.300 to 453A.720, inclusive, is grounds for disciplinary action by the Division, including, without limitation, immediate revocation of a medical marijuana establishment agent registration card pursuant to subsection 3 of NRS 453A.342.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.352  Fees; assessments. (NRS 453A.344, 453A.370)

     1.  Except as otherwise provided in subsection 2 of NRS 453A.344, the Division will charge and collect the following fees:

 

For the initial issuance of a medical marijuana establishment registration certificate for a medical marijuana dispensary................................................................................. $30,000

For the renewal of a medical marijuana establishment registration certificate for a medical marijuana dispensary.................................................................................................. 5,000

For the initial issuance of a medical marijuana establishment registration certificate for a cultivation facility...................................................................................................... 3,000

For the renewal of a medical marijuana establishment registration certificate for a cultivation facility........................................................................................................................ 1,000

For the initial issuance of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products....... 3,000

For the renewal of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.................. 1,000

For the initial issuance of a medical marijuana establishment agent registration card......... 75

For the renewal of a medical marijuana establishment agent registration card.................... 75

For the initial issuance of a medical marijuana establishment registration certificate for an independent testing laboratory................................................................................... 5,000

For the renewal of a medical marijuana establishment registration certificate for an independent testing laboratory........................................................................................................ 3,000

 

     2.  For the ongoing activities of the Division relating to the inspection of medical marijuana establishments, not related to processing an application by a medical marijuana establishment, the Division will collect an assessment from each medical marijuana establishment for the time and effort attributed to the oversight of the medical marijuana establishment that is based upon the hourly rate established for each inspector or auditor of medical marijuana establishments as determined by the budget of the Division.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

Requirements Concerning Operation of Medical Marijuana Establishments

      NAC 453A.400  Posting of registration certificate and other authorization to conduct business. (NRS 453A.370)  A medical marijuana establishment shall post its medical marijuana establishment registration certificate, business license and any other authorization to conduct business in a conspicuous place within the medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.402  Approval required before use of name, logo, sign and advertisement. (NRS 453A.370)  A medical marijuana establishment shall not use:

     1.  A name or logo unless the name or logo has been approved by the Administrator of the Division; or

     2.  Any sign or advertisement unless the sign or advertisement has been approved by the Administrator of the Division.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.404  Quality assurance testing required before sale of usable marijuana and related products. (NRS 453A.370)  A medical marijuana establishment shall not sell a lot of usable marijuana, edible marijuana products or marijuana-infused products until all required quality assurance testing has been completed.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.406  Persons authorized to be on premises of establishment; visitor identification badge required for other persons; maintenance of visitor log; regular, seasonal or temporary employees and volunteers. (NRS 453A.370)

     1.  Except as otherwise provided in this section, the only persons who may be on the premises of a medical marijuana establishment are:

     (a) A medical marijuana establishment agent;

     (b) A patient who holds a valid registry identification card;

     (c) The designated primary caregiver of a patient who holds a valid registry identification card; or

     (d) A person inspecting the medical marijuana establishment pursuant to NAC 453A.320 or 453A.322.

     2.  Any person other than those authorized to be on the premises of a medical marijuana establishment pursuant to subsection 1 must obtain a visitor identification badge from a medical marijuana establishment agent before entering the premises of the medical marijuana establishment.

     3.  A person who obtains a visitor identification badge pursuant to subsection 2, including, without limitation, an outside vendor or contractor:

     (a) Must be escorted and monitored by a medical marijuana establishment agent at all times he or she is on the premises of the medical marijuana establishment;

     (b) Must visibly display his or her visitor identification badge at all times he or she is on the premises of the medical marijuana establishment; and

     (c) Must return the visitor identification badge to a medical marijuana establishment agent upon leaving the premises of the medical marijuana establishment.

     4.  Each medical marijuana establishment shall maintain a visitor log which includes the name of the visitor and the date, time and purpose of each visit by a person other than those authorized to be on the premises of the medical marijuana establishment pursuant to subsection 1. The medical marijuana establishment shall make its visitor log available to the Division upon request.

     5.  Each regular, seasonal or temporary employee of or volunteer at a medical marijuana establishment must obtain a medical marijuana establishment agent registration card pursuant to the provisions of this chapter and chapter 453A of NRS and may not be authorized to be on the premises of the medical marijuana establishment by obtaining a visitor identification badge pursuant to the provisions of this section.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.408  Policies and procedures. (NRS 453A.370)  A medical marijuana establishment shall:

     1.  Develop, document and implement policies and procedures regarding:

     (a) Job descriptions and employment contracts, including, without limitation:

          (1) The duties, authority, responsibilities and qualifications of personnel;

          (2) Supervision of personnel;

          (3) Training in and adherence to confidentiality requirements;

          (4) Periodic performance evaluations; and

          (5) Disciplinary actions.

     (b) Business records, such as manual or computerized records of assets and liabilities, monetary transactions, journals, ledgers and supporting documents, including, without limitation, agreements, checks, invoices and vouchers.

     (c) Inventory control, including, without limitation:

          (1) Tracking;

          (2) Packaging;

          (3) Accepting marijuana from patients who hold valid registry identification cards and from their designated primary caregivers;

          (4) Acquiring marijuana from other medical marijuana establishments; and

          (5) Disposing of unusable marijuana.

     (d) Records of patients who hold valid registry identification cards, including, without limitation, purchases, denials of sale, any delivery options, confidentiality and retention.

     (e) Patient education and support, including, without limitation:

          (1) The availability of different strains of marijuana and the purported effects of the different strains;

          (2) Information about the purported effectiveness of various methods, forms and routes of administering medical marijuana; and

          (3) The prohibition on the smoking of marijuana in public places, places open to the public and places exposed to public view.

     2.  Maintain copies of the policies and procedures developed pursuant to subsection 1 at the medical marijuana establishment and provide copies to the Division for review upon request.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.410  Duties of establishment relating to employees and volunteers; certain notice required. (NRS 453A.370)  A medical marijuana establishment shall:

     1.  Ensure that each medical marijuana establishment agent has his or her medical marijuana establishment agent registration card in his or her immediate possession when the medical marijuana establishment agent:

     (a) Is employed by or volunteering at the medical marijuana establishment; or

     (b) Is transporting marijuana, edible marijuana products or marijuana-infused products for the medical marijuana establishment.

     2.  Not allow a person who does not possess a medical marijuana establishment agent registration card issued under the medical marijuana establishment registration certificate to:

     (a) Serve as an officer or board member for the medical marijuana establishment;

     (b) Be employed by or have a contract to provide services for the medical marijuana establishment; or

     (c) Volunteer at or on behalf of the medical marijuana establishment.

     3.  Provide written notice to the Division, including the date of the event, within 10 working days after the date on which a medical marijuana establishment agent no longer:

     (a) Serves as an officer or board member for the medical marijuana establishment;

     (b) Is employed by or has a contract to provide services for the medical marijuana establishment; or

     (c) Volunteers at or on behalf of the medical marijuana establishment.

     4.  Provide written notice to the Division, including the date of the event, within 10 days after the date on which an owner, officer or board member ceases to serve in that capacity at the medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.412  Duties of establishment agent before dispensing medical marijuana. (NRS 453A.370)  Before a medical marijuana establishment agent dispenses medical marijuana to the holder of a valid registry identification card or the designated primary caretaker of such a person, the medical marijuana establishment agent shall:

     1.  Verify the identity of the holder of the registry identification card or the designated primary caregiver;

     2.  Offer any appropriate patient education or support materials;

     3.  Verify the validity of the registry identification card of the patient or the designated primary caretaker;

     4.  Verify that the amount of medical marijuana the patient or the designated primary caregiver is requesting would not cause the patient to exceed the limit on obtaining no more than 2 1/2 ounces of medical marijuana during any one 14-day period as set forth in NRS 453A.200 or the limit on obtaining edible marijuana products and marijuana-infused products set forth in NAC 453A.704; and

     5.  Enter the following information into the electronic verification system:

     (a) The name and number of the registry identification card of the patient or the name of the designated primary caregiver of the patient;

     (b) The amount of medical marijuana dispensed;

     (c) Whether the medical marijuana was dispensed to the patient or to the designated primary caregiver of the patient;

     (d) The date and time at which the medical marijuana was dispensed;

     (e) The number of the medical marijuana establishment agent registration card of the medical marijuana establishment agent; and

     (f) The number of the medical marijuana establishment registration certificate of the medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.414  Inventory control system; where establishment may acquire marijuana and related products; perpetual inventory system of manufacturing process; duties of establishment if loss is incurred. (NRS 453A.370)

     1.  Each medical marijuana establishment shall designate in writing a medical marijuana establishment agent who has oversight of the inventory control system of the medical marijuana establishment.

     2.  A medical marijuana establishment shall only acquire marijuana, edible marijuana products or marijuana-infused products from:

     (a) Another medical marijuana establishment, including, without limitation, a cultivation facility and a facility for the production of edible marijuana products or marijuana-infused products, except that a medical marijuana dispensary may not purchase marijuana from another medical marijuana dispensary; or

     (b) A person who holds a valid registry identification card or his or her designated primary caregiver in the manner set forth in subsection 5 of NRS 453A.352.

     3.  Each medical marijuana establishment shall establish and implement an inventory control system that documents:

     (a) Each day’s beginning inventory, acquisitions, harvests, sales, disbursements, disposal of unusable marijuana and ending inventory.

     (b) When acquiring medical marijuana from a person who holds a valid registry identification card or his or her designated primary caregiver:

          (1) A description of the medical marijuana acquired, including the amount and strain as specified by the cardholder or caregiver, if known;

          (2) The name and number of the valid registry identification card of the person who provided the medical marijuana or, if provided by a designated primary caregiver, his or her name;

          (3) The name and medical marijuana establishment agent registration card number of the medical marijuana establishment agent receiving the medical marijuana on behalf of the medical marijuana dispensary; and

          (4) The date of acquisition.

     (c) When acquiring medical marijuana from another medical marijuana establishment:

          (1) A description of the medical marijuana acquired, including the amount, strain and batch number;

          (2) The name and identification number of the medical marijuana establishment registration certificate of the medical marijuana establishment providing the medical marijuana;

          (3) The name and medical marijuana establishment agent registration card number of the medical marijuana establishment agent providing the medical marijuana;

          (4) The name and medical marijuana establishment agent registration card number of the medical marijuana establishment agent receiving the medical marijuana on behalf of the medical marijuana establishment; and

          (5) The date of acquisition.

     (d) For each batch of marijuana cultivated:

          (1) The batch number.

          (2) Whether the batch originated from marijuana seeds or marijuana cuttings.

          (3) The strain of the marijuana seeds or marijuana cuttings planted.

          (4) The number of marijuana seeds or marijuana cuttings planted.

          (5) The date on which the marijuana seeds or cuttings were planted.

          (6) A list of all chemical additives used in the cultivation, including, without limitation, nonorganic pesticides, herbicides and fertilizers.

          (7) The number of marijuana plants grown to maturity.

          (8) Harvest information, including, without limitation:

               (I) The date of harvest;

               (II) The final yield weight of processed usable marijuana; and

               (III) The name and medical marijuana establishment agent registration card number of the medical marijuana establishment agent responsible for the harvest.

          (9) The disposal of marijuana that is not usable marijuana, including:

               (I) A description of and reason for the marijuana being disposed of, including, if applicable, the number of failed or other unusable marijuana plants;

               (II) The date of disposal;

               (III) Confirmation that the marijuana was rendered unusable before disposal;

               (IV) The method of disposal; and

               (V) The name and medical marijuana establishment agent registration card number of the medical marijuana establishment agent responsible for the disposal.

     (e) When providing medical marijuana to another medical marijuana establishment:

          (1) The amount, strain and batch number of medical marijuana provided to the medical marijuana establishment;

          (2) The name and medical marijuana establishment registration certificate number of the other medical marijuana establishment;

          (3) The name and medical marijuana establishment agent registration card number of the medical marijuana establishment agent who received the medical marijuana on behalf of the other medical marijuana establishment; and

          (4) The date on which the medical marijuana was provided to the medical marijuana establishment.

     (f) When receiving edible marijuana products from another medical marijuana establishment:

          (1) A description of the edible marijuana products received from the medical marijuana establishment, including the total weight of each edible marijuana product and the estimated amount and batch number of the marijuana in each edible marijuana product.

          (2) The total estimated amount and batch number of marijuana in the edible marijuana products.

          (3) The name and:

               (I) Medical marijuana establishment registration certificate number of the medical marijuana establishment providing the edible marijuana products to the receiving medical marijuana establishment;

               (II) Medical marijuana establishment agent registration card number of the medical marijuana establishment agent providing the edible marijuana products to the receiving medical marijuana establishment; and

               (III) Medical marijuana establishment agent registration card number of the medical marijuana establishment agent receiving the edible marijuana products on behalf of the receiving medical marijuana establishment.

          (4) The date on which the edible marijuana products were provided to the medical marijuana establishment.

     (g) When receiving marijuana-infused products from another medical marijuana establishment:

          (1) A description of the marijuana-infused products received from the medical marijuana establishment, including the total weight of each marijuana-infused product and the estimated amount and batch number of the marijuana infused in each marijuana-infused product.

          (2) The total estimated amount and batch number of marijuana infused in the marijuana-infused products.

          (3) The name and:

               (I) Medical marijuana establishment registration certificate number of the medical marijuana establishment providing the marijuana-infused products to the receiving medical marijuana establishment;

               (II) Medical marijuana establishment agent registration card number of the medical marijuana establishment agent providing the marijuana-infused products to the receiving medical marijuana establishment; and

               (III) Medical marijuana establishment agent registration card number of the medical marijuana establishment agent receiving the marijuana-infused products on behalf of the receiving medical marijuana establishment.

          (4) The date on which the marijuana-infused products were provided to the medical marijuana establishment.

     4.  Each medical marijuana establishment shall:

     (a) Establish and maintain a perpetual inventory system which adequately documents the flow of materials through the manufacturing process;

     (b) Establish procedures which reconcile the raw material used to the finished product on the basis of each job. Significant variances must be documented, investigated by management personnel and immediately reported to the Division and to the medical marijuana establishment that ordered the edible marijuana product or marijuana-infused product; and

     (c) Provide for quarterly physical inventory counts to be performed by persons independent of the manufacturing process which are reconciled to the perpetual inventory records. Significant variances must be documented, investigated by management personnel and immediately reported to the Division.

     5.  If a medical marijuana establishment identifies a reduction in the amount of medical marijuana in the inventory of the medical marijuana establishment not due to documented causes, the medical marijuana establishment shall determine where the loss has occurred and take and document corrective action. If the reduction in the amount of medical marijuana in the inventory of the medical marijuana establishment is due to suspected criminal activity by a medical marijuana establishment agent, the medical marijuana establishment shall report the medical marijuana establishment agent to the Division and to the appropriate law enforcement agencies.

     6.  A medical marijuana establishment shall:

     (a) Maintain the documentation required in subsections 3, 4 and 5 at the medical marijuana establishment for at least 5 years after the date on the document; and

     (b) Provide the documentation required in subsections 3, 4 and 5 to the Division for review upon request.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.416  Requirements for transportation of marijuana, paraphernalia and related products. (NRS 453A.370)

     1.  A medical marijuana establishment agent authorized by the medical marijuana establishment for which he or she is employed or volunteers may transport marijuana, paraphernalia, edible marijuana products and marijuana-infused products between the medical marijuana establishment and:

     (a) Another medical marijuana establishment; and

     (b) A person who holds a valid registry identification card or his or her designated primary caregiver.

     2.  Not more than 10 ounces of marijuana, edible marijuana products or marijuana-infused products, or any combination thereof, may be transported at any one time from a medical marijuana establishment to persons who hold valid registry identification cards or their designated primary caregivers.

     3.  When transporting marijuana, paraphernalia, edible marijuana products or marijuana-infused products to a person who holds a valid registry identification card or his or her designated caregiver pursuant to subsection 1, a medical marijuana establishment agent must:

     (a) Before transportation, confirm verbally with the patient or designated primary caregiver by telephone that the patient or designated primary caregiver ordered the marijuana, paraphernalia, edible marijuana products or marijuana-infused products and verify the identity of the patient;

     (b) Enter the details of the confirmation obtained pursuant to paragraph (a) in a log which must be available for inspection by the appropriate law enforcement agency; and

     (c) Secure a signature from the patient or designated primary caregiver when the items are delivered and may only leave the items with the patient or designated primary caregiver.

     4.  Before transporting marijuana, paraphernalia, edible marijuana products or marijuana-infused products pursuant to subsection 1, a medical marijuana establishment agent must:

     (a) Complete a trip plan that includes, without limitation:

          (1) The name of the medical marijuana establishment agent in charge of the transportation;

          (2) The date and start time of the trip;

          (3) A description of the marijuana, paraphernalia, edible marijuana products and marijuana-infused products being transported; and

          (4) The anticipated route of transportation.

     (b) Provide a copy of the trip plan completed pursuant to paragraph (a) to the medical marijuana establishment for which he or she is providing the transportation.

     5.  During the transportation of marijuana, paraphernalia, edible marijuana products or marijuana-infused products pursuant to subsection 1, the medical marijuana establishment agent must:

     (a) Carry a copy of the trip plan completed pursuant to paragraph (a) of subsection 4 with him or her for the duration of the trip;

     (b) Have his or her medical marijuana establishment agent registration card in his or her immediate possession;

     (c) Use a vehicle without any identification relating to marijuana and which is equipped with a secure lockbox or locking cargo area which must be used for the sanitary and secure transportation of marijuana, paraphernalia, edible marijuana products or marijuana-infused products;

     (d) Have a means of communicating with the medical marijuana establishment for which he or she is providing the transportation; and

     (e) Ensure that all marijuana, paraphernalia, edible marijuana products or marijuana-infused products are not visible.

     6.  After transporting marijuana, paraphernalia, edible marijuana products or marijuana-infused products pursuant to subsection 1, a medical marijuana establishment agent must enter the end time of the trip and any changes to the trip plan that was completed pursuant to paragraph (a) of subsection 4.

     7.  Each medical marijuana establishment agent transporting marijuana, paraphernalia, edible marijuana products or marijuana-infused products pursuant to subsection 1, must:

     (a) Report any vehicle accident that occurs during the transportation to a person designated by the medical marijuana establishment to receive such reports within 2 hours after the accident occurs; and

     (b) Report any loss or theft of marijuana, paraphernalia, edible marijuana products or marijuana-infused products that occurs during the transportation to a person designated by the medical marijuana establishment to receive such reports immediately after the medical marijuana establishment agent becomes aware of the loss or theft. A medical marijuana establishment that receives a report of loss or theft pursuant to this paragraph must immediately report the loss or theft to the appropriate law enforcement agency and to the Division as required by NAC 453A.418.

     8.  A medical marijuana establishment shall:

     (a) Maintain the documents required in paragraph (a) of subsection 4 and subsections 6 and 7; and

     (b) Provide a copy of the documents required in paragraph (a) of subsection 4 and subsections 6 and 7 to the Division for review upon request.

     9.  Each medical marijuana establishment shall maintain a log of all reports received pursuant to subsection 7.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.418  Reporting of loss or theft of medical marijuana; maintenance of documentation. (NRS 453A.370)  A medical marijuana establishment shall:

     1.  Document and report any loss or theft of medical marijuana from the medical marijuana establishment to the appropriate law enforcement agency and to the Division; and

     2.  Maintain copies of any documentation required pursuant to this chapter and chapter 453A of NRS for at least 5 years after the date on the documentation and provide copies of the documentation to the Division for review upon request.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.420  Security. (NRS 453A.370)  To prevent unauthorized access to medical marijuana at a medical marijuana establishment, the medical marijuana establishment must have:

     1.  Security equipment to deter and prevent unauthorized entrance into limited access areas that includes, without limitation:

     (a) Devices or a series of devices to detect unauthorized intrusion, which may include a signal system interconnected with a radio frequency method, such as cellular or private radio signals, or other mechanical or electronic device;

     (b) Exterior lighting to facilitate surveillance;

     (c) Electronic monitoring, including, without limitation:

          (1) At least one call-up monitor that is 19 inches or more;

          (2) A video printer capable of immediately producing a clear still photo from any video camera image;

          (3) Video cameras with a recording resolution of at least 704 x 480 or the equivalent which provide coverage of all entrances to and exits from limited access areas and all entrances to and exits from the building and which are capable of identifying any activity occurring in or adjacent to the building;

          (4) A video camera at each point-of-sale location which allows for the identification of any person who holds a valid registry identification card or his or her designated primary caregiver purchasing medical marijuana;

          (5) A video camera in each grow room which is capable of identifying any activity occurring within the grow room in low light conditions;

          (6) A method for storing video recordings from the video cameras for at least 30 calendar days;

          (7) A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system; and

          (8) Sufficient battery backup for video cameras and recording equipment to support at least 5 minutes of recording in the event of a power outage; and

     (d) Immediate automatic or electronic notification to alert local law enforcement agencies of an unauthorized breach of security at the medical marijuana establishment in the interior of each building of the medical marijuana establishment.

     2.  Policies and procedures:

     (a) That restrict access to the areas of the medical marijuana establishment that contain medical marijuana to persons authorized to be in those areas only;

     (b) That provide for the identification of persons authorized to be in the areas of the establishment that contain medical marijuana;

     (c) That prevent loitering;

     (d) For conducting electronic monitoring; and

     (e) For the use of the automatic or electronic notification to alert local law enforcement agencies of an unauthorized breach of security at the medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.422  Hygiene requirements for agents; prohibition on direct contact with marijuana, equipment or materials for agents with certain health conditions. (NRS 453A.370)

     1.  Each medical marijuana establishment must ensure that each medical marijuana establishment agent who is employed by or volunteers at the medical marijuana establishment:

     (a) Cleans his or her hands and exposed portions of his or her arms in a hand-washing sink:

          (1) Before preparing edible marijuana products or marijuana-infused products, including, without limitation, working with ingredients, equipment or utensils;

          (2) During preparation, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;

          (3) After handling soiled equipment or utensils;

          (4) After touching bare human body parts other than his or her clean hands and exposed portions of arms; and

          (5) After using the toilet facilities.

     (b) If working directly in the preparation of edible marijuana products or marijuana-infused products:

          (1) Keeps his or her fingernails trimmed, filed and maintained so that the edges and surfaces are cleanable; and

          (2) Unless wearing intact gloves in good repair, does not have fingernail polish or artificial fingernails on his or her fingernails.

     (c) Wears clean clothing appropriate to the tasks assigned to him or her.

     2.  If the person designated by a medical marijuana establishment to address health conditions at the medical marijuana establishment determines that a medical marijuana establishment agent who is employed by or volunteers at the medical marijuana establishment has a health condition that may adversely affect the safety or quality of the edible marijuana products or marijuana-infused products at the medical marijuana establishment, that medical marijuana establishment agent is prohibited from having direct contact with any marijuana or equipment or materials for processing edible marijuana products or marijuana-infused products until the designated person determines that the health condition of the medical marijuana establishment agent will not adversely affect the edible marijuana products or marijuana-infused products.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.424  Building requirements; commercial weighing and measuring equipment. (NRS 453A.370)

     1.  A building used as a medical marijuana establishment must have:

     (a) At least one toilet facility which must contain:

          (1) A flushable toilet;

          (2) Mounted toilet tissue;

          (3) A sink with running water;

          (4) Soap contained in a dispenser; and

          (5) Disposable, single-use paper towels in a mounted dispenser or a mechanical air hand dryer.

     (b) At least one hand-washing sink not located in a toilet facility.

     (c) Designated storage areas for edible marijuana products or marijuana-infused products or materials used in direct contact with such products separate from storage areas for toxic or flammable materials.

     (d) If preparation or packaging of edible marijuana products or marijuana-infused products is done in the building, a designated area for the preparation or packaging that:

          (1) Includes work space that can be sanitized; and

          (2) Is only used for the preparation or packaging of edible marijuana products or marijuana-infused products.

     2.  For any commercial weighing and measuring equipment used at a medical marijuana establishment, the medical marijuana establishment must:

     (a) Ensure that the commercial device is licensed pursuant to chapter 581 of NRS;

     (b) Maintain documentation of the license of the commercial device; and

     (c) Provide a copy of the license of the commercial device to the Division for review upon request.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.426  Requirements for establishments that prepare, sell or dispense edible marijuana products. (NRS 453A.370)

     1.  A medical marijuana establishment that prepares, sells or dispenses edible marijuana products must:

     (a) Before preparing, selling or dispensing an edible marijuana product, obtain written authorization from the Division to prepare, sell or dispense edible marijuana products;

     (b) If the medical marijuana establishment prepares edible marijuana products, ensure that the edible marijuana products are prepared according to the applicable requirements set forth in NRS 453A.360 and the operating procedures included in its application pursuant to subparagraph (4) of paragraph (a) of subsection 3 of NRS 453A.322;

     (c) If the edible marijuana products are not prepared at the medical marijuana establishment, obtain and maintain at the medical marijuana establishment a copy of the current written authorization to prepare edible marijuana products from the medical marijuana establishment that prepares the edible marijuana products; and

     (d) If the medical marijuana establishment sells or dispenses edible marijuana products, ensure that the edible marijuana products are sold or dispensed according to the applicable requirements set forth in NRS 453A.360.

     2.  A medical marijuana establishment is responsible for the content and quality of any edible marijuana product sold or dispensed by the medical marijuana establishment.

     3.  A facility for the production of edible marijuana products is not subject to the provisions of chapter 446 of NRS or chapter 446 of NAC.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.428  Establishment responsible for costs incurred in cleaning up, mitigating or remedying environmental damage. (NRS 453A.370)  A medical marijuana establishment is responsible to the State or a local governmental entity for all costs incurred by the State or local governmental entity in cleaning up, mitigating or remedying any environmental damage caused by the medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.430  Prohibition on use of chemicals or other compounds to alter color, appearance, weight or smell of usable marijuana. (NRS 453A.370)  A medical marijuana establishment may not treat or otherwise adulterate usable marijuana with any organic or nonorganic chemical or other compound whatsoever to alter the color, appearance, weight or smell of the usable marijuana.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

Requirements Concerning Operation of Medical Marijuana Dispensaries

      NAC 453A.450  Hours of operation. (NRS 453A.370)  Each medical marijuana dispensary shall:

     1.  Ensure that the medical marijuana dispensary is operating and available to dispense or sell marijuana, edible marijuana products or marijuana-infused products to patients who hold valid registry identification cards or to the designated primary caregivers of such patients during, and only during, the designated hours of operation of the medical marijuana dispensary as provided to the Division pursuant to paragraph (i) of subsection 2 of NAC 453A.306 and the hours authorized by the local government in which the medical marijuana dispensary is located; and

     2.  Post, in a place that can be viewed by persons entering the medical marijuana dispensary, the hours of operation during which the medical marijuana dispensary will dispense or sell marijuana, edible marijuana products or marijuana-infused products to patients who hold valid registry identification cards or to the designated primary caregivers of such patients.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.452  Patient records. (NRS 453A.370)

     1.  Each medical marijuana dispensary shall ensure that:

     (a) A patient record is established and maintained for each holder of a valid registry identification card who obtains marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary;

     (b) An entry in a patient record:

          (1) Is recorded only by a medical marijuana establishment agent who is authorized by the policies and procedures of the medical marijuana dispensary to make an entry;

          (2) Is dated and signed by the medical marijuana establishment agent who is recording the entry;

          (3) Includes the number of the medical marijuana establishment agent registration card of the medical marijuana establishment agent who is recording the entry; and

          (4) Is not changed to make the initial entry illegible;

     (c) If an electronic signature is used to sign an entry, the medical marijuana establishment agent whose signature the electronic code represents is accountable for the use of the electronic signature;

     (d) A patient record is only accessed by a medical marijuana establishment agent authorized by the policies and procedures of the medical marijuana dispensary to access the patient record;

     (e) A patient record is provided to the Division for review upon request;

     (f) A patient record is protected from loss, damage or unauthorized use; and

     (g) A patient record is maintained for at least 5 years after the date on which the patient or his or her designated primary caregiver last requested marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary.

     2.  If a medical marijuana dispensary maintains patient records electronically, the medical marijuana dispensary shall ensure that:

     (a) There are safeguards to prevent unauthorized access; and

     (b) The date and time of an entry in a patient record is recorded electronically by an internal clock.

     3.  A medical marijuana dispensary shall ensure that the patient record for a holder of a valid registry identification card who requests or whose designated primary caregiver on behalf of the holder of the valid registry identification card requests marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary contains:

     (a) Patient information that includes:

          (1) The name of the patient;

          (2) The date of birth of the patient; and

          (3) The name of the designated primary caregiver of the patient, if applicable;

     (b) Documentation of any patient education and support materials provided to the patient or the designated primary caregiver of the patient, including, without limitation, a description of the materials and the date on which the materials were provided; and

     (c) For each time the patient requests and does not obtain marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary or, if applicable, the designated primary caregiver requests on behalf of the patient and does not obtain marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary, the following:

          (1) The date;

          (2) The name and number of the registry identification card of the patient who requested the marijuana, edible marijuana products or marijuana-infused products; and

          (3) The reason the marijuana, edible marijuana products or marijuana-infused products was not provided.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.454  Recognition of nonresident cards. (NRS 453A.354, 453A.370)  Each medical marijuana dispensary which recognizes a nonresident card pursuant to NRS 453A.364 shall, in addition to the requirements of NAC 453A.452, enter the information it obtains concerning the nonresident card pursuant to NRS 453A.364 in the electronic verification system.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.456  Storage of usable marijuana and related products; disclosure of independent testing laboratory which performed quality assurance testing. (NRS 453A.370)

     1.  A medical marijuana dispensary must store all usable marijuana, edible marijuana products and marijuana-infused products behind a counter or other barrier to ensure a customer does not have direct access to the marijuana, edible marijuana products or marijuana-infused products.

     2.  Upon the request of a customer, a medical marijuana dispensary must disclose the name of the independent testing laboratory which performed the required quality assurance tests for the medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

Requirements Concerning Operation of Cultivation Facilities

      NAC 453A.470  Usable marijuana: Required disclosures; free samples. (NRS 453A.370)

     1.  A cultivation facility must disclose in writing with each lot of usable marijuana provided to a medical marijuana dispensary:

     (a) All soil amendments, fertilizers and other crop production aids applied to the growing medium or marijuana plant included in the lot; and

     (b) The name of the independent testing laboratory which performed the required quality assurance tests and the results of the required quality assurance tests for the lot.

     2.  A cultivation facility may provide a medical marijuana dispensary free samples of usable marijuana packaged in a sample jar protected by a plastic or metal mesh screen to allow customers to smell the product before purchase. A sample jar may not contain more than 3 1/2 grams of usable marijuana. The sample jar and the usable marijuana within may not be sold to a customer and must be either returned to the cultivation facility which provided the usable marijuana and sample jar or destroyed by the medical marijuana dispensary after use and documented by the medical marijuana dispensary using its inventory control system pursuant to NRS 453A.356 and NAC 453A.414.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.472  Restrictions on access to enclosed, locked facility where marijuana is cultivated; accompaniment by authorized medical marijuana establishment agent; prevention of observation or detection of marijuana outside facility. (NRS 453A.370)

     1.  Except as otherwise provided in subsection 2, a cultivation facility must ensure that access to the enclosed, locked facility where marijuana is cultivated is limited to the officers, board members and authorized medical marijuana establishment agents of the cultivation facility.

     2.  Each cultivation facility shall ensure that an authorized medical marijuana establishment agent accompanies any person other than another medical marijuana establishment agent associated with the medical marijuana establishment when the person is present in the enclosed, locked facility where marijuana is cultivated or produced by the cultivation facility.

     3.  Each cultivation facility shall ensure that any marijuana growing at the cultivation facility:

     (a) Cannot be observed from outside the cultivation facility; and

     (b) Does not emit an odor that is detectable from outside the cultivation facility.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

Packaging and Labeling of Marijuana and Related Products

      NAC 453A.500  Packaging: Generally. (NRS 453A.370)

     1.  Any product containing marijuana must be packaged in child-resistant packaging in accordance with 16 C.F.R. § 1700 or the standards specified in subsection 2 or 3.

     2.  Except as otherwise provided in subsection 3, marijuana-infused products in solid or liquid form must be packaged in plastic which is 4 millimeters or more in thickness and must be heat-sealed without an easy-open tab, dimple, corner or flap so that it is difficult for a child to open and as a tamperproof measure.

     3.  Marijuana-infused products in liquid form may be sealed using a metal crown cork-style bottle cap.

     4.  Any container or packaging containing usable marijuana, edible marijuana products or marijuana-infused products must protect the contents from contamination and must not impart any toxic or deleterious substance to the usable marijuana or marijuana product.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.502  Labeling: Generally. (NRS 453A.370)  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall:

     1.  Use for labeling all marijuana, edible marijuana products and marijuana-infused products the standard label described in NAC 453A.506 to 453A.512, inclusive;

     2.  Exercise strict control over labeling materials issued for use in labeling operations for marijuana, edible marijuana products and marijuana-infused products;

     3.  Carefully examine labeling materials issued for a batch for identity and conformity to the labeling specified in the applicable production or control records; and

     4.  Have and follow written procedures describing in sufficient detail the control procedures employed for the issuance of labeling.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.504  Labeling as “organic.” (NRS 453A.370)  A cultivation facility or facility for the production of edible marijuana products or marijuana-infused products shall not label usable marijuana, edible marijuana products or marijuana-infused products as “organic” unless the marijuana plants used are produced, processed and certified in a manner that is consistent with the national organic standards established by the United States Department of Agriculture in accordance with the Organic Foods Production Act of 1990.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.506  Maximum unit size; minimum requirements for font and size of label. (NRS 453A.370)

     1.  Any medical marijuana establishment that packages marijuana, edible marijuana products or marijuana-infused products must individually package, label and seal the marijuana or marijuana products in unit sizes such that no single unit contains more than a 2 1/2 ounce supply of marijuana.

     2.  For marijuana, edible marijuana products or marijuana-infused products that are intended to be dispensed or sold to a holder of a valid registry identification card or his or her designated primary caregiver:

     (a) The text used on all labeling must be printed in at least 10-point font and may not be in italics; and

     (b) Each label must be at least 2 3/4 inches high by 4 inches wide.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.508  Labeling requirements for marijuana and related products for sale to medical marijuana dispensary. (NRS 453A.370)

     1.  A cultivation facility or facility for the production of edible marijuana products or marijuana-infused products shall label all marijuana, edible marijuana products and marijuana-infused products before it sells the marijuana or marijuana products to a medical marijuana dispensary and shall securely affix to the package a label that includes, without limitation, in legible English:

     (a) The name of the medical marijuana establishment and its medical marijuana establishment registration certificate number;

     (b) The lot number;

     (c) The date of harvest;

     (d) The date of final testing;

     (e) The date on which the product was packaged;

     (f) The cannabinoid profile and potency levels and terpinoid profile as determined by the independent testing laboratory;

     (g) If the product is perishable, the expiration date; and

     (h) The quantity of marijuana being sold.

     2.  The label required by subsection 1 for a container or package containing usable marijuana, edible marijuana products or marijuana-infused products sold by a cultivation facility or facility for the production of edible marijuana products or marijuana-infused products must be in substantially the following form:

 

JT’S NURSERY

Certificate Number: 123 456 789 001 0001

 

Lot Number:

1234

 

Harvested on:

01/01/2013

 

Final Testing Date: 01/15/2013

Packaged on: 01/17/2013

Best if used by: March 17, 2013

 

16.7% THC   1.5% CBD   0.3% CBN

Myrcene 5.6 mg/g   Limonene 5.1 mg/g   Valencene 3.5 mg/g

 

Net Weight: 2 lbs.

 

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.510  Labeling requirements for usable marijuana sold at retail; accompanying materials. (NRS 453A.370)

     1.  A medical marijuana dispensary must affix to each container or package containing usable marijuana sold at retail a label which must include, without limitation:

     (a) The business or trade name and the medical marijuana establishment registration certificate number of the cultivation facility that cultivated and sold the usable marijuana.

     (b) The lot number.

     (c) The date and quantity dispensed, including the net weight measured in ounces and grams or by volume, as appropriate.

     (d) The name and registry identification card number of the patient and, if applicable, the name of his or her designated primary caregiver.

     (e) The name and address of the medical marijuana dispensary.

     (f) The cannabinoid profile and potency levels and terpinoid profile as determined by the independent testing laboratory.

     (g) A warning that states: “This product may have intoxicating effects and may be habit forming.”

     (h) The statement: “This product may be unlawful outside of the State of Nevada.”

     (i) The date on which the marijuana was harvested.

     2.  The label required by subsection 1 for a container or package containing usable marijuana sold at retail must be in substantially the following form:

 

Joe’s Plant Emporium                         Cert.#: 123 456 789 001 0001

Lot#: 1234                                                       Harvested: 01/01/2013

 

Dispensed to: John J. Smith  #1234987 on 11/27/2013

by

We Care Dispensary

123 Main Street, Carson City, NV 89701

 

WARNING:

This product may have intoxicating effects

and may be habit forming.

 

16.7% THC   1.5% CBD   0.3% CBN

Myrcene 5.6 mg/g   Limonene 5.1 mg/g   Valencene 3.5 mg/g

 

Net Weight: .25 ounces (7 grams)

 

This product may be unlawful outside the State of Nevada.

 

     3.  A medical marijuana dispensary must provide with all usable marijuana sold at retail accompanying material that discloses any pesticides applied to the marijuana plants and growing medium during production and processing and contains the following warnings:

     (a) “Warning: This product may have intoxicating effects and may be habit forming. Smoking is hazardous to your health.”

     (b) “There may be health risks associated with consumption of this product.”

     (c) “Should not be used by women who are pregnant or breast feeding.”

     (d) “For use only by the person named on the label of the dispensed product. Keep out of the reach of children.”

     (e) “Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug.”

     4.  The text used on all accompanying material must be printed in at least 12-point font and may not be in italics.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.512  Labeling requirements for edible marijuana products or marijuana-infused products sold at retail; accompanying materials. (NRS 453A.370)

     1.  A medical marijuana dispensary must affix to each container or package containing edible marijuana products or marijuana-infused products sold at retail a label which must include, without limitation:

     (a) The business or trade name and the medical marijuana establishment registration certificate number of the facility for the production of edible marijuana products or marijuana-infused products that manufactured and sold the product.

     (b) The lot numbers of all marijuana used to create the product.

     (c) The batch number of the product.

     (d) The date and quantity dispensed, including the net weight in ounces and grams or by volume, as appropriate.

     (e) The name and registry identification card number of the patient and, if applicable, the name of his or her designated caregiver.

     (f) The name and address of the medical marijuana dispensary.

     (g) The date on which the product was manufactured.

     (h) If the product is perishable, a suggested use-by date.

     (i) The total milligrams of active cannabinoids and terpinoids in the product, as provided by the independent testing laboratory that tested the product.

     (j) A list of all ingredients and all major food allergens as identified in 21 U.S.C. §§ 343.

     (k) A warning that states: “Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by 2 or more hours.”

     (l) If a marijuana extract was added to the product, a disclosure of the type of extraction process and any solvent, gas or other chemical used in the extraction process, or any other compound added to the extract.

     (m) A warning that states: “This product may have intoxicating effects and may be habit forming.”

     (n) A statement that: “This product may be unlawful outside of the State of Nevada.”

     2.  The front and back of the label required by subsection 1 for a container or package containing edible marijuana products or marijuana-infused products sold at retail must be in substantially the following form:

 

We Care Dispensary, 123 Main Street, Carson City, NV 89701

 

Date Dispensed: 3/27/2014  To: John J. Smith #1234987

 

Cookie

Net Weight:  6oz (168 Grams)

Serving Size:  10mg of THC

Contains 10 servings and a total of 100 MG of THC

Use by:  6/3/2014

Myrcene 5.6 mg/g   Limonene 5.1 mg/g   Valencene 3.5 mg/g

 

 

CAUTION: When eaten or swallowed the intoxicating effects of this product can be delayed 2 or more hours.

 

This product may be unlawful outside the State of Nevada.

 

Manufactured at: Joe’s Kitchen        Cert.#: 321654987101 0401

123 Main Street, Las Vegas, NV on 2/1/14

 

Lot#: 1234 Batch #5463

 

INGREDIENTS: Flour, Butter, Canola Oil,

Sugar, Chocolate, Marijuana, Strawberries

 

CONTAINS ALLERGENS: Milk, Wheat

 

Contains marijuana extract processed with butane.

 

WARNING: This product may have intoxicating effects

and may be habit forming.

 

     3.  A medical marijuana dispensary must provide with all edible marijuana products and marijuana-infused products sold at retail accompanying material that discloses any pesticides applied to the marijuana plants and growing medium during production of the marijuana used to create the extract added to the edible marijuana products or marijuana-infused products and the type of extraction method used, including, without limitation, any solvents, gases or other chemicals or compounds used to produce or that are added to the extract, and contains the following warnings:

     (a) “There may be health risks associated with consumption of this product.”

     (b) “This product contains or is infused with marijuana or active compounds of marijuana.”

     (c) “Should not be used by women who are pregnant or breast feeding.”

     (d) “For use only by the person named on the label of the dispensed product. Keep out of the reach of children.”

     (e) “Products containing marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug.”

     (f) “Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by 2 or more hours.”

     4.  The text used on all accompanying material must be printed in at least 12-point font and may not be in italics.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.514  Required examinations of packaged and labeled products. (NRS 453A.370)  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall:

     1.  Examine packaged and labeled products during finishing operations to provide assurance that the containers and packages have the correct labels;

     2.  Collect a representative sample of units at the completion of finishing operations and ensure that the samples are visually examined for correct labeling; and

     3.  Record the results of the examinations performed pursuant to subsections 1 and 2 in the applicable production or control records.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

Requirements for the Production of Edible Marijuana Products and Marijuana-Infused Products

      NAC 453A.550  “Potentially hazardous marijuana products and ingredients” defined. (NRS 453A.370)  As used in NAC 453A.550 to 453A.592, inclusive, unless the context otherwise requires:

     1.  “Potentially hazardous marijuana products and ingredients” means an edible item that is natural or synthetic and that requires temperature control because it 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.

     2.  The term “potentially hazardous marijuana products and ingredients” includes, without limitation:

     (a) An animal item that is raw or heat-treated;

     (b) An item of plant origin that is heat-treated or consists of raw seed sprouts;

     (c) Cut melons and tomatoes; and

     (d) Garlic-in-oil mixtures that are not modified in a way that results in mixtures which prohibit growth.

     3.  The term “potentially hazardous marijuana products and ingredients” does not include:

     (a) An ingredient with a value of water activity of 0.85 or less;

     (b) An ingredient with a pH level of 4.6 or below when measured at 75°F (24°C); or

     (c) An ingredient, in a hermetically sealed and unopened container, that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.552  Person in charge: Demonstration of knowledge. (NRS 453A.370)  Based on the risks inherent to the operation of a facility for the production of edible marijuana products or marijuana-infused products, the persons responsible for managing each such facility shall demonstrate to the Division knowledge of disease prevention, and the requirements of this chapter and chapter 453A of NRS by:

     1.  Complying with the provisions of this chapter and chapter 453A of NRS and having no violations of a critical nature during inspections.

     2.  Attending appropriate courses and training and implementing an appropriate training program for all medical marijuana establishment agents engaged in the production of edible marijuana products or marijuana-infused products at the facility.

     3.  Responding correctly to the questions of an inspector of medical marijuana establishments regarding:

     (a) The relationship between the prevention of disease and the personal hygiene of a medical marijuana establishment agent engaged in the production of edible marijuana products or marijuana-infused products.

     (b) The prevention of the transmission of disease by a medical marijuana establishment agent engaged in the production of edible marijuana products or marijuana-infused products who has a disease or medical condition that may transmit disease.

     (c) The symptoms associated with the diseases that are transmissible through marijuana products and ingredients.

     (d) The significance of the relationship between maintaining the temperature for a certain amount of time for potentially hazardous marijuana products and ingredients and the prevention of illness transmission.

     (e) The hazards involved in the consumption of raw or undercooked meat, poultry and eggs.

     (f) The required temperatures and times for safe cooking of potentially hazardous marijuana products and ingredients, including, without limitation, meat, poultry and eggs.

     (g) The required temperatures and times for the safe refrigerated storage, hot holding, cooling and reheating of potentially hazardous marijuana products and ingredients.

     (h) The relationship between the prevention of illness transmission and the management and control of:

          (1) Cross contamination;

          (2) Hand contact with finished marijuana products and ingredients;

          (3) Hand washing; and

          (4) Maintaining the establishment in a clean condition and in good repair.

     (i) The correct procedures for cleaning and sanitizing utensils and the surfaces of equipment that have direct contact with marijuana products and ingredients.

     (j) The identification of poisonous or toxic materials in the facility and the procedures necessary to ensure that those materials are safely stored, dispensed, used and disposed of according to applicable state and federal laws and regulations.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.554  Hand washing required of medical marijuana establishment agents. (NRS 453A.370)  Each medical marijuana establishment agent engaged in the production of edible marijuana products or marijuana-infused products shall keep his or her hands and the exposed portions of his or her arms clean.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.556  Hand washing: Procedure. (NRS 453A.370)

     1.  Each medical marijuana establishment agent engaged in the production of edible marijuana products or marijuana-infused products shall, when required pursuant to NAC 453A.558, clean his or her hands and the exposed portions of his or her arms for at least 20 seconds, using a cleaning compound in a hand-washing sink that is appropriately equipped.

     2.  Each medical marijuana establishment agent engaged in the production of edible marijuana products or marijuana-infused products shall use the following cleaning procedure in the order stated to clean his or her hands and the exposed portions of his or her arms, including, without limitation, surrogate prosthetic devices for hands and arms:

     (a) Rinse under clean, running warm water.

     (b) Apply an amount of cleaning compound recommended by the manufacturer of the cleaning compound.

     (c) Rub together vigorously for at least 15 seconds while:

          (1) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure; and

          (2) Creating friction on the surfaces of the hands and arms, fingertips and areas between the fingers.

     (d) Thoroughly rinse under clean, running warm water.

     (e) Immediately follow the cleaning procedure with thorough drying.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.558  Hand washing: When required. (NRS 453A.370)  Each medical marijuana establishment agent engaged in the production of edible marijuana products or marijuana-infused products shall clean his or her hands and exposed portions of his or her arms in the manner set forth in NAC 453A.556:

     1.  Immediately before engaging in preparation for the production of edible marijuana products or marijuana-infused products, including, without limitation, working with exposed marijuana products, clean equipment and utensils and unwrapped single-service and single-use articles;

     2.  After touching bare human body parts other than clean hands and exposed portions of arms, including, without limitation, surrogate prosthetic devices for hands and arms;

     3.  After using the toilet room;

     4.  After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating or drinking;

     5.  After handling soiled equipment or utensils;

     6.  During preparation for the production of edible marijuana products or marijuana-infused products, as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;

     7.  When switching between working with raw marijuana products and working with finished edible marijuana products or marijuana-infused products;

     8.  Before donning gloves for working with marijuana products; and

     9.  After engaging in other activities that contaminate the hands.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.560  Methods for handling marijuana products. (NRS 453A.370)

     1.  A medical marijuana establishment agent engaged in the production of edible marijuana products or marijuana-infused products shall not have contact with exposed, finished marijuana products with his or her bare hands and shall use suitable utensils, including, without limitation, deli tissue, spatulas, tongs, single-use gloves or dispensing equipment when handling exposed, finished edible marijuana products or marijuana-infused products.

     2.  A medical marijuana establishment agent engaged in the production of edible marijuana products or marijuana-infused products shall minimize bare hand and arm contact with exposed marijuana products that are not in a finished form.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.562  Non-marijuana ingredients: Approved sources. (NRS 453A.370)

     1.  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that it obtains non-marijuana ingredients for edible marijuana products or marijuana-infused products from sources that comply with the requirements of federal and state law and regulations and are approved by the Division, including, without limitation, commercial and retail businesses.

     2.  A facility for the production of edible marijuana products or marijuana-infused products shall not use or prepare non-marijuana ingredients prepared or stored in a private home.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.564  Methods for preventing contamination. (NRS 453A.370)

     1.  Except as otherwise provided in subsection 2, each facility for the production of edible marijuana products or marijuana-infused products shall ensure that marijuana products and ingredients are protected from cross-contamination by:

     (a) Separating raw animal ingredients during storage, preparation, holding and display from raw marijuana products, or other raw finished ingredients such as fruits and vegetables, and from cooked or baked and finished edible marijuana products or marijuana-infused products.

     (b) Except when combined as ingredients, separating types of raw animal ingredients from each, including, without limitation, meat, poultry and eggs, during storage, preparation, holding and display by preparing each type of raw animal ingredient at a different time or in a different area and:

          (1) Using separate equipment for each type of raw animal ingredient; or

          (2) Arranging each type of raw animal ingredient in equipment so that cross-contamination of one type of raw animal ingredient with another is prevented.

     (c) Preparing each type of raw animal ingredient at different times or in separate areas. 

     2.  The provisions of this section do not apply to items stored frozen in a freezer.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.566  Requirements for preparing, cooking and cooling marijuana products. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that:

     1.  Pasteurized eggs or egg products are substituted for raw eggs in the preparation of edible marijuana products or marijuana-infused products.

     2.  Marijuana products and ingredients only have contact with the surfaces of:

     (a) Equipment and utensils that are cleaned and sanitized; or

     (b) Single-service and single-use articles that have not previously been used.

     3.  Ingredients such as eggs, meat, poultry and marijuana containing these raw animal ingredients are cooked to heat all parts of the marijuana product to a temperature and for a time that complies with one of the following methods based on the product that is being cooked:

     (a) At 145°F (63°C) or above for 15 seconds for:

          (1) Raw eggs; and

          (2) Meat, including, without limitation, commercially-raised game animals.

     (b) At 155°F (68°C) or above for 15 seconds for:

          (1) Mechanically tenderized and injected meats; and

          (2) Meat and commercially raised game animals if it is comminuted.

     (c) At 165°F (74°C) or above for 15 seconds for poultry, stuffed meat, stuffed pasta, stuffed poultry or stuffing containing meat or poultry. 

     4.  Except during preparation, cooking or cooling, potentially hazardous marijuana products and ingredients shall be maintained:

     (a) At 135°F (57°C) or above; or

     (b) At 41°F (5°C) or less.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.568  Requirements for date marking. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that:

     1.  Finished potentially hazardous marijuana products and ingredients prepared and held by the facility for more than 24 hours are clearly marked to indicate the date or day by which the item must be consumed on the premises, sold or discarded when held at a temperature of 41ºF (5ºC) or less for a maximum of 7 days; and

     2.  Finished potentially hazardous marijuana products and ingredients that are prepared and packaged by a commercial processing plant are clearly marked at the time that the original container is opened and, if the item is held for more than 24 hours, indicate the date or day by which the item must be consumed on the premises, sold or discarded, based on the temperature and time combination set forth in subsection 1. The day on which the original container is opened in the medical marijuana establishment must be counted as “day 1.” The day or date marked by the facility for the production of edible marijuana products or marijuana-infused products may not exceed a use-by date of the manufacturer if the manufacturer determined the use-by date.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.570  Materials used in construction of utensils and contact surfaces of equipment. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that the materials that are used in the construction of utensils and the contact surfaces of equipment:

     1.  Do not allow the migration of deleterious substances or impart colors, odors or tastes to marijuana products; and

     2.  Under normal use conditions are:

     (a) Safe;

     (b) Durable, corrosion-resistant and nonabsorbent;

     (c) Sufficient in weight and thickness to withstand repeated warewashing;

     (d) Finished to have a smooth, easily cleanable surface; and

     (e) Resistant to pitting, chipping, crazing, scratching, scoring, distortion and decomposition.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.572  Sinks; alternative equipment. (NRS 453A.370)

     1.  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that it provides:

     (a) A sink with at least three compartments for manually washing, rinsing and sanitizing equipment and utensils; and

     (b) Sink compartments that are large enough to accommodate immersion of the largest equipment and utensils.

     2.  If equipment or utensils are too large for the warewashing sink, a facility for the production of edible marijuana products or marijuana-infused products must use a warewashing machine or alternative equipment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.574  Ventilation hood systems and devices. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that its ventilation hood systems and devices are sufficient in number and capacity to prevent grease or condensation from collecting on walls and ceilings.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.576  Temperature of hot water sanitizing rinse; chemical sanitizers. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that:

     1.  In a mechanical operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold is not more than 194°F (90°C) or less than 180°F (82°C).

     2.  A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times is used in accordance with the manufacturer’s label use instructions that are approved by the Environmental Protection Agency, and as follows:

     (a) A chlorine solution must have a minimum temperature based on the concentration and pH of the solution as listed in the following chart:

 

Concentration Range

Minimum Temperature

mg/L

pH 10 or less °F (°C)

pH 8 or less °F (°C)

 

 

 

25 – 49

120°F (49°C)

120°F (49°C)

50 – 99

100°F (38°C)

75°F (24°C)

100 or more

55°F (13°C)

55°F (13°C)

 

     (b) An iodine solution must have:

          (1) A minimum temperature of 68°F (20°C);

          (2) A pH of 5.0 or less or a pH not higher than the level for which the manufacturer specifies the solution is effective, whichever limit is higher; and

          (3) A concentration between 12.5 mg/L and 25 mg/L.

     (c) A quaternary ammonium compound solution must:

          (1) Have a minimum temperature of 75°F (24°C);

          (2) Have a concentration of not less than 200 mg/L;

          (3) Be used as indicated by the use directions of the manufacturer included on the label; and

          (4) Be used only in water with 500 mg/L hardness or less, or in water having a hardness not greater than specified by the manufacturer’s label use instructions that are approved by the Environmental Protection Agency, whichever limit is higher.

     3.  If a chemical sanitizer other than chlorine, iodine or a quaternary ammonium compound is used, it is applied in accordance with the manufacturer’s label use instructions that are approved by the Environmental Protection Agency.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.578  Surfaces of equipment and utensils: General requirements. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that:

     1.  The surfaces of equipment and utensils that have direct contact with marijuana products are clean to sight and touch;

     2.  The surfaces of cooking equipment and pans that have direct contact with marijuana products are kept free of encrusted grease deposits and other soil accumulations; and

     3.  The surfaces of equipment that do not have direct contact with marijuana products are kept free of an accumulation of dust, dirt, residue and other debris.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.580  Surfaces of equipment and utensils: Cleaning frequency. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that:

     1.  The surfaces of equipment and utensils that have direct contact with marijuana products are cleaned:

     (a) Before each use with a different type of raw animal ingredient, including, without limitation, beef, pork or poultry;

     (b) Each time there is a change from working with raw marijuana products to working with finished marijuana products;

     (c) Between uses with raw fruits and vegetables and with potentially hazardous marijuana products and ingredients, using the appropriate time and temperature controls to ensure the safety of the marijuana products; and

     (d) At any time during operation when contamination may have occurred.

     2.  If they come into contact with potentially hazardous marijuana products and ingredients, surfaces and utensils are cleaned throughout the day at least once every 4 hours.

     3.  The surfaces of utensils and equipment that have direct contact with marijuana products and ingredients that are not potentially hazardous are cleaned:

     (a) At any time when contamination may have occurred; and

     (b) In equipment, including, without limitation, ice bins and beverage dispensing nozzles, and enclosed components of equipment, such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders and water vending equipment:

          (1) At a frequency specified by the manufacturer; or

          (2) If the manufacturer does not specify a frequency, at a frequency necessary to prevent the accumulation of soil or mold.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.582  Surfaces of equipment and utensils: Sanitizing. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that:

     1.  The surfaces and utensils that have direct contact with marijuana products are adequately sanitized.

     2.  The utensils and surfaces of equipment that have direct contact with marijuana products are sanitized before use after cleaning.

     3.  After being cleaned, surfaces of equipment and utensils that have direct contact with marijuana products are sanitized in:

     (a) Hot water manual operations by immersion for at least 30 seconds with a temperature of 170°F (77°C) or above;

     (b) Hot water mechanical operations by being cycled through equipment that is set up and achieving a utensil surface temperature of 160°F (71°C) as measured by an irreversible registering temperature indicator; or

     (c) Chemical manual or mechanical operations, including, without limitation, the application of sanitizing chemicals by immersion, manual swabbing, brushing or pressure spraying methods using a solution as specified on the manufacturer’s label use instructions that are approved by the Environmental Protection Agency, by providing:

          (1) An exposure time of at least 10 seconds for a standard chlorine solution;

          (2) An exposure time of at least 7 seconds for a chlorine solution of 50 mg/L that has a pH of 10 or less and a temperature of at least 100°F (38°C) or a pH of 8 or less and a temperature of at least 75°F (24°C); or

          (3) An exposure time of at least 30 seconds for any other chemical sanitizing solutions.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.584  Cooking and baking equipment and microwave ovens: Cleaning frequency. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that:

     1.  The surfaces of cooking and baking equipment that have direct contact with marijuana products are cleaned at least once every 24 hours; and

     2.  The cavities and door seals of microwave ovens are cleaned at least once every 24 hours by using the recommended cleaning procedure of the manufacturer.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.586  Light intensity. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that the light intensity in the facility is:

     1.  At least 20 foot candles (215 lux):

     (a) At a distance of 30 inches (75 cm) above the floor in walk-in refrigeration units and areas for storage of dry marijuana products and in other areas and rooms during periods of cleaning;

     (b) Inside equipment such as reach-in and under-counter refrigerators; and

     (c) At a distance of 30 inches (75 cm) above the floor in areas used for hand washing, warewashing and equipment and utensil storage and in toilet rooms.

     2.  At least 50 foot candles (540 lux) at a surface where a medical marijuana establishment agent engaged in the production of edible marijuana products or marijuana-infused products is working with marijuana products or working with utensils or equipment, including, without limitation, knives, slicers, grinders or saws where employee safety is a factor.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.588  Mechanical ventilation. (NRS 453A.370)  Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that it provides mechanical ventilation of sufficient capacity as necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke and fumes.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.590  Filters used to manufacture, process or package marijuana products. (NRS 453A.370)

     1.  Except as otherwise provided in subsection 2, each facility for the production of edible marijuana products or marijuana-infused products shall ensure that filters for liquid filtration used in the manufacture, processing or packaging of marijuana-infused products intended for human use do not release fibers into such products.

     2.  Fiber-releasing filters may be used when it is not possible to manufacture marijuana-infused products without the use of these filters. If the use of a fiber-releasing filter is necessary, the facility for the production of edible marijuana products or marijuana-infused products shall use an additional nonfiber-releasing filter having a maximum nominal pore size rating of 0.2 micron, or 0.45 micron if the manufacturing conditions so dictate, to reduce the content of particles in the marijuana-infused product.

     3.  A facility for the production of edible marijuana products or marijuana-infused products shall not use an asbestos-containing filter.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.592  Authorized methods, equipment, solvents, gases and mediums. (NRS 453A.370)

     1.  A facility for the production of edible marijuana products or marijuana-infused products may only use the methods, equipment, solvents, gases and mediums set forth in this section when creating marijuana extracts.

     2.  A facility for the production of edible marijuana products or marijuana-infused products may use the hydrocarbons N-butane, isobutane, propane, heptane or other solvents or gases exhibiting low to minimal potential human health-related toxicity approved by the Division. These solvents must be of at least 99 percent purity and a facility for the production of edible marijuana products or marijuana-infused products must, when using such solvents:

     (a) Use the solvents in a professional grade, closed-loop extraction system designed to recover the solvents;

     (b) Work in a spark-free environment with proper ventilation; and

     (c) Follow all applicable local fire, safety and building codes in the processing and storage of the solvents.

     3.  A facility for the production of edible marijuana products or marijuana-infused products may use a professional grade, closed-loop CO2 gas extraction system where every vessel is rated to a minimum of 900 pounds per square inch and it follows all applicable local fire, safety and building codes in the processing and the storage of the solvents. The CO2 must be of at least 99 percent purity.

     4.  A facility for the production of edible marijuana products or marijuana-infused products may use heat, screens, presses, steam distillation, ice water and other methods without employing solvents or gases to create kief, hashish, bubble hash, infused dairy butter, or oils or fats derived from natural sources, and other extracts.

     5.  A facility for the production of edible marijuana products or marijuana-infused products may use food grade glycerin, ethanol and propylene glycol solvents to create marijuana extracts.

     6.  A facility for the production of edible marijuana products or marijuana-infused products which creates marijuana extracts must develop standard operating procedures, good manufacturing practices and a training plan before producing marijuana extracts for the marketplace. Any person using solvents or gases in a closed-looped system to create marijuana extracts must be fully trained on how to use the system, have direct access to applicable material safety data sheets and safely handle and store the solvents and gases.

     7.  The acceptable parts per million for 1 gram of finished extract of residual solvent or gas will be determined by the Independent Laboratory Advisory Committee established pursuant to NAC 453A.666.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

Standards for Cultivation and Preparation of Marijuana and Marijuana Products

      NAC 453A.600  Minimum good manufacturing practices. (NRS 453A.370)  NAC 453A.600 to 453A.626, inclusive, set forth the minimum good manufacturing practices for the cultivation and preparation of marijuana and marijuana products for administration to humans.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.602  Quality control unit. (NRS 453A.370)

     1.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall have a quality control unit that:

     (a) Has the responsibility and authority to approve or reject all components, product containers, closures, in-process materials, packaging materials, labeling and marijuana or marijuana products;

     (b) Has the authority to review production records to assure that no errors have occurred or, if errors have occurred, that they have been fully investigated and resolved;

     (c) Is responsible for approving or rejecting marijuana or marijuana products manufactured, processed, packaged or held under contract by another medical marijuana establishment; and

     (d) Is responsible for approving or rejecting all procedures or specifications which may impact the identity, strength, quality and purity of the marijuana or marijuana products.

     2.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall:

     (a) Set forth the responsibilities and procedures applicable to the quality control unit in writing; and

     (b) Follow the written responsibilities and procedures set forth pursuant to paragraph (a).

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.604  Hygiene standards for establishment agents at certain medical marijuana establishments. (NRS 453A.370)  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall ensure that:

     1.  Each medical marijuana establishment agent who is employed by or volunteers at the medical marijuana establishment and who is engaged in cultivating, manufacturing, processing, packaging or holding marijuana or marijuana products wears clean clothing appropriate for the duties he or she performs;

     2.  Protective apparel, such as head, face, hand and arm coverings, are worn as necessary to protect marijuana or marijuana products from contamination; and

     3.  Each medical marijuana establishment agent who is employed by or volunteers at the medical marijuana establishment practices good sanitation and health habits.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.606  Physical facilities: Generally. (NRS 453A.370)

     1.  Each medical marijuana establishment shall ensure that any building used to manufacture, process, package or hold marijuana or marijuana products:

     (a) Is of suitable size, construction and location to facilitate cleaning, maintenance and proper operations; and

     (b) Has adequate space for the orderly placement of equipment and materials to prevent miscalculation or misuse of any component in any step of the manufacture, control, packaging, labeling or distribution of marijuana or marijuana products between different components, product containers, closures, labels, in-process materials and marijuana or marijuana products and to prevent contamination.

     2.  Each medical marijuana establishment shall ensure that:

     (a) The flow of components, product containers, closures, labels, in-process materials and marijuana and marijuana products through any building used to manufacture, process, package or hold marijuana or marijuana products is designed to prevent contamination;

     (b) The operations of the medical marijuana establishment are performed within specifically defined areas of adequate size; and

     (c) There are separate or defined areas or such other control systems for the operations of the medical marijuana establishment as are necessary to prevent contamination or miscalculation or misuse of any component in any step of the manufacture, control, packaging, labeling or distribution of marijuana or marijuana products during the course of the following procedures:

          (1) Receipt, identification, storage and withholding from use of components, product containers, closures and labels, pending the appropriate sampling, testing or examination by the quality control unit before release for manufacturing, processing or packaging;

          (2) Holding rejected components, product containers, closures and labels before disposition;

          (3) Storage of released components, product containers, closures and labels;

          (4) Storage of in-process materials;

          (5) Processing operations;

          (6) Packaging and labeling operations;

          (7) Quarantine storage before the release of marijuana or marijuana products;

          (8) Storage of marijuana or marijuana products after release;

          (9) Control and laboratory operations; and

          (10) Sanitary processing, which includes as appropriate:

               (I) Floors, walls and ceilings made of smooth, hard surfaces that are easily cleanable;

               (II) Temperature and humidity controls;

               (III) An air supply filtered through high-efficiency particulate air filters under positive pressure;

               (IV) A system for monitoring environmental conditions;

               (V) A system for cleaning and sanitizing rooms and equipment; and

               (VI) A system for maintaining any equipment used to control sanitary conditions.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.608  Physical facilities: Lighting requirements for certain establishments. (NRS 453A.370)

     1.  Each independent testing laboratory, cultivation facility and medical marijuana dispensary shall ensure that adequate lighting is provided in all areas of the medical marijuana establishment.

     2.  If it is necessary for an independent testing laboratory, cultivation facility or medical marijuana dispensary to have dim or no lighting in a certain area of the medical marijuana establishment for a specific reason, the medical marijuana establishment must have a written policy which specifies:

     (a) The area needing dim or no lighting; and

     (b) The reason the area needs dim or no lighting.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.610  Physical facilities: Ventilation and filtration requirements for certain medical marijuana establishments. (NRS 453A.370)

     1.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall ensure that any building used to manufacture, process, package or hold marijuana or marijuana products:

     (a) Has adequate ventilation; and

     (b) Contains equipment for adequate control over air pressure, microorganisms, dust, humidity and temperature when appropriate for the manufacture, processing, packaging or holding of marijuana or marijuana products.

     2.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary must use filtration systems, including, without limitation, prefilters and particulate matter air filters, when appropriate on air supplies to production areas. If air is recirculated to production areas, the medical marijuana establishment must take measures to control recirculation of dust from production. In areas where air contamination occurs during production, the medical marijuana establishment must ensure that there are adequate exhaust systems or other systems adequate to control contaminants.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.612  Potable water; drains. (NRS 453A.370)  Each medical marijuana establishment shall ensure that:

     1.  Any building used to manufacture, process, package or hold marijuana or marijuana products supplies potable water under continuous positive pressure in a plumbing system free of defects that could contribute to the contamination of any marijuana or marijuana products. Potable water must meet the standards prescribed in the Primary Drinking Water Regulations, 40 C.F.R. Part 141. Water not meeting such standards is not permitted in the potable water system.

     2.  Drains are of adequate size and, where connected directly to a sewer, are provided with an air break or other mechanical device to prevent back-siphonage.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.614  Written procedures for sanitation and control of vermin. (NRS 453A.370)

     1.  Each medical marijuana establishment shall ensure that it has written procedures:

     (a) Assigning responsibility for sanitation and describing in sufficient detail the cleaning schedules, methods, equipment and materials to be used in cleaning the buildings and facilities of the medical marijuana establishment; and

     (b) For the use of appropriate rodenticides, insecticides, fungicides, fumigating agents and cleaning and sanitizing agents by the medical marijuana establishment.

     2.  Each medical marijuana establishment shall ensure that the written procedures described in subsection 1 are followed.

     3.  All sanitation procedures of a medical marijuana establishment apply to work performed by contractors or temporary medical marijuana establishment agents for the medical marijuana establishment as well as work performed by full-time medical marijuana establishment agents during the ordinary course of operations.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.616  Maintenance of buildings in good state of repair. (NRS 453A.370)  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall ensure that any building used to manufacture, process, package or hold marijuana or marijuana products is maintained in a good state of repair.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.618  Equipment and utensils: Requirements for maintenance, cleaning, sanitizing and inspection for certain medical marijuana establishments. (NRS 453A.370)

     1.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall ensure that any equipment used to manufacture, process, package or hold marijuana or marijuana products:

     (a) Is of appropriate design and adequate size and is suitably located to facilitate operations for its intended use and for its cleaning and maintenance; and

     (b) Is constructed so that surfaces which have direct contact with components, in-process materials, marijuana or marijuana products are not reactive, additive or absorptive so as to alter the safety, identity, strength, quality or purity of the marijuana or marijuana products beyond the official or other established requirements.

     2.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall ensure that:

     (a) Any substances required for its operation, such as lubricants or coolants, do not come into contact with components, product containers, in-process materials, marijuana or marijuana products so as to alter the safety, identity, strength, quality or purity of the marijuana or marijuana products beyond the official or other established requirements;

     (b) Equipment and utensils are cleaned, maintained and, as appropriate for the nature of the marijuana or marijuana products, sanitized and sterilized at appropriate intervals to prevent malfunctions or contamination that would alter the safety, identity, strength, quality or purity of the marijuana or marijuana products beyond the official or other established requirements; and

     (c) Written procedures are established and followed for the cleaning and maintenance of equipment and utensils used to manufacture, process, package or hold marijuana or marijuana products. These procedures must include, without limitation:

          (1) Assignment of responsibility for cleaning and maintaining equipment;

          (2) Maintenance and cleaning schedules, including, where appropriate, sanitizing schedules;

          (3) A description in sufficient detail of the methods, equipment and materials used in cleaning and maintenance operations and the methods of disassembling and reassembling equipment as necessary to assure proper cleaning and maintenance;

          (4) Protection of clean equipment from contamination before use; and

          (5) Inspection of equipment for cleanliness immediately before use.

     3.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary must maintain records of any maintenance, cleaning, sanitizing and inspection carried out pursuant to this section.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.620  Requirements for components, product containers and closures for certain medical marijuana establishments. (NRS 453A.370)  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall ensure that:

     1.  It has written procedures describing in sufficient detail the receipt, identification, storage, handling, sampling, testing and approval or rejection of components, product containers and closures and that it follows those procedures;

     2.  Components, product containers and closures are at all times handled and stored in a manner so as to prevent contamination;

     3.  Bagged or boxed components, product containers or closures are stored off the floor and are suitably spaced to permit cleaning and inspection; and

     4.  Each container or grouping of containers for components, product containers or closures is identified with a distinctive code for each lot in each shipment received. This code must be used in recording the disposition of each lot. Each lot must be appropriately identified as to its status such as quarantined, approved or rejected.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.622  Written procedures for production and process control required for certain medical marijuana establishments. (NRS 453A.670)

     1.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall have written procedures for production and process control that are designed to assure that the marijuana or marijuana products have the identity, strength, quality and purity they purport or are represented to possess.

     2.  The written procedures required pursuant to subsection 1 and any changes to those procedures must be drafted, reviewed and approved by the appropriate organizational units of the medical marijuana establishment and reviewed and approved by the quality control unit of the medical marijuana establishment.

     3.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall follow written production and process control procedures in executing various production and process control functions and shall document these procedures at the time of performance. Any deviation from the written procedures must be recorded and justified by the medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.624  Requirements relating to labeling and packaging materials for certain medical marijuana establishments. (NRS 453A.370)

     1.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall establish and follow written procedures describing in sufficient detail the receipt, identification, storage, handling, sampling, examination and testing of labeling and packaging materials.

     2.  Any labeling or packaging materials that meet the appropriate written specifications established pursuant to subsection 1 may be approved and released for use. Any labeling or packaging materials that do not meet the specifications established pursuant to subsection 1 must be rejected to prevent their use in operations for which they are unsuitable.

     3.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall:

     (a) Store separately with suitable identification the labels and other labeling materials for each type of marijuana or marijuana product, and the different strength, dosage form or quantity of contents;

     (b) Limit access to the storage area described in paragraph (a) to authorized personnel of the medical marijuana establishment; and

     (c) Destroy obsolete and outdated labels, labeling and other packaging materials.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.626  Prohibition on salvage of marijuana and marijuana products subjected to certain conditions by certain medical marijuana establishments; salvage allowed with certain evidence; records. (NRS 453A.370)

      1.  Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall ensure that marijuana or marijuana products that have been subjected to improper storage conditions, including, without limitation, extremes in temperature, humidity, smoke, fumes, pressure, age or radiation due to natural disasters, fires, accidents or equipment failures, are not salvaged and returned to the marketplace.

     2.  Whenever it is unclear whether marijuana or marijuana products have been subjected to the conditions described in subsection 1, a cultivation facility, facility for the production of edible marijuana products or marijuana-infused products or medical marijuana dispensary may conduct salvaging operations only if there is:

     (a) Evidence from laboratory tests and assays that the marijuana or marijuana products meet all applicable standards of identity, strength, quality and purity; and

     (b) Evidence from inspection of the premises that the marijuana or marijuana products and their associated packaging were not subjected to improper storage conditions as a result of the disaster or accident, if any.

     3.  A cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary must maintain records, including, without limitation, the name, lot number and disposition for marijuana or marijuana products salvaged pursuant to subsection 2.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

Requirements for Independent Testing Laboratories

      NAC 453A.650  Scientific director: Responsibilities; qualifications. (NRS 453A.370)

     1.  Each independent testing laboratory must employ a scientific director who must be responsible for:

     (a) Ensuring that the laboratory achieves and maintains quality standards of practice; and

     (b) Supervising all staff of the laboratory.

     2.  The scientific director of an independent testing laboratory must have earned:

     (a) A doctorate degree in chemical or biological sciences from an accredited college or university and have at least 2 years of post-degree laboratory experience;

     (b) A master’s degree in chemical or biological sciences from an accredited college or university and have at least 4 years of post-degree laboratory experience; or

     (c) A bachelor’s degree in chemical or biological sciences from an accredited college or university and have at least 6 years of post-degree laboratory experience.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.652  Testing methodologies; practices, procedures and programs relating thereto; inspections. (NRS 453A.370)

     1.  Each independent testing laboratory must:

     (a) Follow the most current version of the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia; or

     (b) Notify the Division of the alternative testing methodology the laboratory is following for each quality assurance test it conducts. The Division may require the independent testing laboratory to have the testing methodology followed pursuant to this paragraph validated by an independent third-party to ensure that the methodology followed by the laboratory produces scientifically accurate results before the laboratory may use the methodology when conducting testing services.

     2.  The Division may require an independent testing laboratory to have its basic proficiency to execute correctly the analytical testing methodologies used by the laboratory validated and monitored on an ongoing basis by an independent third-party.

     3.  Each independent testing laboratory shall:

     (a) Either:

          (1) Adopt and follow minimum good laboratory practices which must, at a minimum, satisfy the OECD Principles of Good Laboratory Practice and Compliance Monitoring published by the Organisation for Economic Co-operation and Development; or

          (2) Become certified by the International Organization for Standardization and agree to have the inspections and reports of the International Organization for Standardization made available to the Division.

     (b) Maintain internal standard operating procedures.

     (c) Maintain a quality control and quality assurance program.

     4.  The Division or an independent third-party authorized by the Division may conduct an inspection of the practices, procedures and programs adopted, followed and maintained pursuant to subsection 3 and inspect all records of the independent testing laboratory that are related to the inspection.

     5.  The Division hereby adopts by reference:

     (a) The Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph published by the American Herbal Pharmacopoeia. A copy of that publication may be obtained from the American Herbal Pharmacopoeia, P.O. Box 66809, Scotts Valley, California 95067, or at the Internet address http://www.herbal-ahp.org/, for the price of $44.95.

     (b) The OECD Principles of Good Laboratory Practice and Compliance Monitoring published by the Organisation for Economic Co-operation and Development. A copy of that publication may be obtained free of charge from the Organisation for Economic Co-operation and Development at the Internet address http://www.oecd.org/env/ehs/testing/oecdseriesonprinciplesofgoodlaboratorypracticeglpandcompliancemonitoring.htm.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.654  Required quality assurance tests. (NRS 453A.370)

     1.  Each independent testing laboratory must use the general body of required quality assurance tests for usable marijuana, marijuana-infused products, extracts of marijuana and edible marijuana products set forth in this section. Such tests may include moisture content, potency analysis, foreign matter inspection, microbial screening, pesticide and other chemical residue and metals screening and residual solvents levels. An independent testing laboratory may request additional sample material in excess of the amounts listed in the table set forth in this section for the purposes of completing required quality assurance tests. An independent testing laboratory may retrieve samples from the premises of another medical marijuana establishment and transport the samples directly to the laboratory.

     2.  The tests required pursuant to subsection 1 and the sample size of products required for the required testing of each type of marijuana or marijuana product by an independent testing laboratory are as follows:

 

Product

Tests Required

Sample Size Needed to Complete all Tests

 

 

 

Usable marijuana

1. Moisture content

2. Potency analysis

3. Terpene analysis

4. Foreign matter inspection

5. Microbial screening

6. Mycotoxin screening

7. Heavy metal screening

8. Pesticide residue analysis

12 grams or less

Extract of marijuana (nonsolvent) like kief, hashish, bubble hash, infused dairy butter, or oils or fats derived from natural sources

1. Potency analysis

2. Foreign matter inspection

3. Microbial screening

4. Terpene analysis

7 grams or less

Extract of marijuana (solvent-based) made with a CO2 extractor

1. Potency analysis

2. Terpene analysis

3. Microbial screening

2 grams or less

Extract of marijuana (solvent-based) made using n-butane, isobutane, propane, heptane, or other solvents or gases approved by the Division of at least 99 percent purity

1. Potency analysis

2. Terpene analysis

3. Residual solvent test

4. Microbial screening (only if using marijuana that failed the initial test)

2 grams or less

Extract of marijuana made with food grade ethanol

1. Potency analysis

2. Terpene analysis

3. Microbial screening (only if using marijuana that failed the initial test)

2 grams or less

Extract of marijuana made with food grade glycerin or propylene glycol

1. Potency analysis

2. Terpene analysis

3. Microbial screening (only if using marijuana that failed the initial test)

20 grams or less

Edible marijuana-infused product

1. Potency analysis

2. Terpene analysis

3. Microbial screening

1 unit

Liquid marijuana-infused product, including, without limitation, soda or tonic

1. Potency analysis

2. Terpene analysis

3. Microbial screening

1 unit

Topical marijuana-infused product

Potency analysis

1 unit

 

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.656  General requirements. (NRS 453A.370)  An independent testing laboratory shall not handle, test or analyze marijuana unless:

     1.  The laboratory has been issued a medical marijuana establishment registration certificate;

     2.  The laboratory is independent from all other persons involved in the medical marijuana industry in Nevada; and

     3.  No person with a direct or indirect interest in the laboratory has a direct or indirect financial interest in:

     (a) A medical marijuana dispensary;

     (b) A facility for the production of edible marijuana products or marijuana-infused products;

     (c) A cultivation facility;

     (d) A physician who provides or has provided written documentation for the issuance of registry identification cards; or

     (e) Any other entity that may benefit from the cultivation, manufacture, dispensing, sale, purchase or use of marijuana or marijuana products.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.658  Sample testing; disposal of samples; standards; laboratory test results; grounds for disciplinary action. (NRS 453A.370)

     1.  Immediately before packaging:

     (a) Raw marijuana for sale to a medical marijuana dispensary, facility for the production of edible marijuana products or marijuana-infused products or another cultivation facility, a cultivation facility shall segregate all harvested marijuana into homogenized batches and select a random sample from each batch for testing by an independent testing laboratory. The independent testing laboratory must collect the samples unless the cultivation facility designates a person responsible for segregating all harvested marijuana into homogenized batches pursuant to this subsection in accordance with the standards set forth by the laboratory and the cultivation facility to ensure a random, homogenized sample. If the cultivation facility designates a person to segregate homogenized batches, the cultivation facility must file an attestation with the Division as to the manner in which each random, homogenized sample is selected for testing.

     (b) Edible marijuana products or marijuana-infused products, a facility for the production of edible marijuana products or marijuana-infused products shall select a random sample from each batch for testing by an independent testing laboratory. The independent testing laboratory must collect the samples unless the facility for the production of edible marijuana products or marijuana-infused products designates a person responsible for identifying the samples in accordance with the standards set forth by the laboratory and the facility for the production of edible marijuana products or marijuana-infused products. If the facility for the production of edible marijuana products or marijuana-infused products designates a person to collect the samples, the facility shall file an attestation with the Division as to the manner in which each sample is selected for testing.

     2.  An independent testing laboratory that receives a sample pursuant to this section shall test the sample for cannabinoids, terpenoids, microbial contaminants, mycotoxins, heavy metals and pesticide chemical residue, residual solvents levels and for purposes of conducting an active ingredient analysis, as specified in the policy manual for independent testing laboratories created by the Division.

     3.  From the time that a batch has been homogenized for sample testing and eventual packaging and sale to a medical marijuana dispensary, facility for the production of edible marijuana products or marijuana-infused products or, if applicable, another cultivation facility until the independent testing laboratory provides the results from its tests and analysis, the facility which provided the sample shall segregate and withhold from use the entire batch, except the samples that have been removed for testing. During this period of segregation, the facility which provided the sample shall maintain the batch in a secure, cool and dry location so as to prevent the marijuana from becoming contaminated or losing its efficacy. Under no circumstances shall the facility which provided the sample sell the marijuana or edible marijuana products or marijuana-infused products, as applicable, to a medical marijuana dispensary, facility for the production of edible marijuana products or marijuana-infused products or, if applicable, another cultivation facility before the time that the independent testing laboratory has completed its testing and analysis and provided those results, in writing, to the facility which provided the sample.

     4.  An independent testing laboratory shall immediately return or dispose of any sample received pursuant to this section upon the completion of any testing, use or research. If an independent testing laboratory disposes of a sample received pursuant to this section, the laboratory shall document the disposal of the sample using its inventory control system pursuant to NRS 453A.356 and NAC 453A.414.

     5.  Except as otherwise provided in NAC 453A.672, if a sample provided to an independent testing laboratory pursuant to this section does not pass the microbial, mycotoxin, heavy metal, pesticide chemical residue or residual solvents levels test based on the standards of the Division, the facility which provided the sample shall dispose of the entire batch from which the sample was taken and document the disposal of the sample using its inventory control system pursuant to NRS 453A.356 and NAC 453A.414.

     6.  For the purposes of the microbial test, a sample provided to an independent testing laboratory pursuant to this section shall be deemed to have passed if it satisfies the standards set forth in Table 9 of the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control monograph adopted by reference pursuant to NAC 453A.652.

     7.  For the purposes of the mycotoxin test, a sample provided to an independent testing laboratory pursuant to this section shall be deemed to have passed if it meets the following standards:

 

           Test                                                      Specification

The total of aflatoxin B1,

aflatoxin B2, aflatoxin G1 and

aflatoxin G2......................................... <20 uG/KG of Substance

Ochratoxin A....................................... <20 uG/KG of Substance

 

     8.  For the purposes of the heavy metal test, a sample of marijuana shall be deemed to have passed if it meets the following standards:

 

          Metal                                           Natural Health Products

                                                              Acceptable limits uG/KG

Arsenic................................................................ <0.14

Cadmium............................................................. <0.09

Lead.................................................................... <0.29

Mercury............................................................... <0.29

 

     9.  The Independent Laboratory Advisory Committee established pursuant to NAC 453A.666 shall establish the list of pesticides approved for use in the cultivation and production of marijuana, edible marijuana products and marijuana-infused products to be sold or used in this State. For the purposes of the pesticide chemical residue test, a sample provided to an independent testing laboratory pursuant to this section shall be deemed to have passed if it satisfies the most stringent acceptable standard for an approved pesticide chemical residue in any food item as set forth in Subpart C of 40 C.F.R. Part 180.

     10.  If a sample provided to an independent testing laboratory pursuant to this section passes the microbial, mycotoxin, heavy metal, pesticide chemical residue and residual solvents levels tests, the independent testing laboratory shall release the entire batch for immediate manufacturing, packaging and labeling for sale to a medical marijuana dispensary, a facility for the production of edible marijuana products or marijuana-infused products or, if applicable, another cultivation facility.

     11.  An independent testing laboratory shall file with the Division an electronic copy of each laboratory test result for any batch that does not pass the microbial, mycotoxin, heavy metal, pesticide chemical residue or residual solvents levels test at the same time that it transmits those results to the facility which provided the sample. In addition, the independent testing laboratory shall maintain the laboratory test results and make them available to the Division upon request.

     12.  The Division will take immediate disciplinary action against any medical marijuana establishment which fails to comply with the provisions of this section or falsifies records related to this section, including, without limitation, revoking the medical marijuana establishment registration certificate of the medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.660  Proficiency testing program: Establishment by Division; participation. (NRS 453A.370)

     1.  The Division will establish a proficiency testing program for independent testing laboratories.

     2.  Each independent testing laboratory must participate in the proficiency testing program established pursuant to this section.

     3.  If required by the Division as part of being issued or renewing a medical marijuana establishment registration certificate, the independent testing laboratory must have successfully participated in the proficiency testing program within the preceding 12 months.

     4.  To maintain continued registration as an independent testing laboratory, a laboratory must participate in the designated proficiency testing program with continued satisfactory performance as determined by the Division.

     5.  An independent testing laboratory must analyze proficiency test samples using the same procedures with the same number of replicate analyses, standards, testing analysts and equipment as used for product testing.

     6.  The scientific director of the independent testing laboratory and all testing analysts that participated in a proficiency test must sign corresponding attestation statements.

     7.  The scientific director of the independent testing laboratory must review and evaluate all proficiency test results.

     8.  An independent testing laboratory must take and document remedial action when a score of less than 100 percent is achieved during a proficiency test. Documentation of remedial action must include, without limitation, a review of samples tested and results reported since the last successful proficiency test.

     9.  Successful participation is the positive identification of 80 percent of the target analytes that the independent testing laboratory reports to include quantitative results when applicable. Any false positive results reported will be considered an unsatisfactory score for the proficiency test.

     10.  Unsuccessful participation in a proficiency test may result in limitation, suspension or revocation of the medical marijuana establishment registration certificate of the independent testing laboratory.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.662  Establishment of policies for adequate chain of custody and requirements for samples of products provided to laboratory. (NRS 453A.370)  Each independent testing laboratory must establish policies for an adequate chain of custody and requirements for samples of products provided to the laboratory for testing or research purposes, including, without limitation, policies and requirements for:

     1.  Issuing instructions for the minimum sample and storage requirements;

     2.  Documenting the condition of the external package and integrity seals utilized to prevent contamination of, or tampering with, the sample;

     3.  Documenting the condition and amount of the sample provided at the time of receipt;

     4.  Documenting all persons handling the original samples, aliquots and extracts;

     5.  Documenting all transfers of samples, aliquots and extracts referred to another independent testing laboratory for additional testing or whenever requested by a client;

     6.  Maintaining a current list of authorized medical marijuana establishment agents and restricting entry to the laboratory to only those authorized;

     7.  Securing the laboratory during nonworking hours;

     8.  Securing short- and long-term storage areas when not in use;

     9.  Utilizing a secured area to log-in and aliquot samples;

     10.  Ensuring samples are stored appropriately; and

     11.  Documenting the disposal of samples, aliquots and extracts.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.664  Requirements for laboratory claiming to be accredited. (NRS 453A.370)

     1.  Each independent testing laboratory that claims to be accredited must provide the Division with copies of each annual inspection report from the accrediting organization, including, without limitation, any deficiencies identified in and any corrections made in response to the report.

     2.  An independent testing laboratory may not claim to be accredited unless it is accredited by an accrediting organization that is nationally recognized and approved by the Division.

     3.  Inspection by an accrediting organization is not a substitute for inspection by the Division.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.666  Independent Laboratory Advisory Committee: Establishment; duties. (NRS 453A.370)

     1.  The Division will establish an Independent Laboratory Advisory Committee comprised of members which ensure that the membership of the Advisory Committee is representative of the independent testing laboratories and other medical marijuana establishments in this State.

     2.  The Advisory Committee shall:

     (a) Provide recommendations to the Division regarding the testing of medical marijuana;

     (b) Make recommendations to the Division for any changes to this chapter relating to the testing of medical marijuana; and

     (c) Assist the Division in creating and updating a policy manual to be used by the Division to guide the testing of edible marijuana products and marijuana-infused products by independent testing laboratories.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.668  Random quality assurance compliance checks. (NRS 453A.370)

     1.  Upon the request of the Division, a cultivation facility and a facility for the production of edible marijuana products or marijuana-infused products must provide an independent testing laboratory designated by the Division with a sample of marijuana or a marijuana product in the amount listed in NAC 453A.654 for random quality assurance compliance checks in a secure manner such that the laboratory can confirm that it has received and is testing the correct sample.

     2.  The independent testing laboratory that receives a sample pursuant to subsection 1 shall, as directed by the Division:

     (a) Screen the sample for pesticides, chemical residues and unsafe levels of metals;

     (b) Perform any other quality assurance test deemed necessary by the Division; and

     (c) Report its results to the Division.

     3.  The cultivation facility or facility for the production of edible marijuana products or marijuana-infused products is responsible for all costs involved in screening or testing performed pursuant to this section.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.670  Requirements regarding amount of usable marijuana and marijuana products allowed on premises of laboratory. (NRS 453A.370)  An independent testing laboratory is not limited in the amount of usable marijuana and marijuana products it may have on the premises of the laboratory at any given time, but the laboratory must maintain records to prove that all usable marijuana and marijuana products on the premises are there for testing purposes only.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.672  Authorized use of marijuana upon failure of quality assurance test; requirements for retesting. (NRS 453A.370)

     1.  If a lot of usable marijuana fails a quality assurance test, any marijuana plant trim, leaf and other usable material from the same plants automatically fails the quality assurance test. Upon approval of the Division, a lot of marijuana that fails a quality assurance test may be used to make a CO2 or solvent-based extract. After processing, the CO2 or solvent-based extract must pass all required quality assurance tests.

     2.  At the request of a cultivation facility or a facility for the production of edible marijuana products or marijuana-infused products, the Division may, on a case-by-case basis, authorize a retest to validate the results of a failed test. The cultivation facility or facility for the production of edible marijuana products or marijuana-infused products is responsible for all costs involved in a retest performed pursuant to this section.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

Miscellaneous Provisions

      NAC 453A.700  Certain public employees prohibited from having financial interest in or being employed by or volunteering at medical marijuana establishment. (NRS 453A.370)  No employee of this State who is responsible for implementing or enforcing the provisions of this chapter or chapter 453A of NRS may have a direct or indirect financial interest in a medical marijuana establishment or be employed by or volunteer at a medical marijuana establishment.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.702  Duties of Division regarding fees, revenue and gifts and grants. (NRS 453A.370)

     1.  The Division will, at least annually, consider:

     (a) The maximum fees set forth in NRS 453A.344 and NAC 453A.352;

     (b) The revenue received from such fees; and

     (c) The gifts and grants received by the Division pursuant to NRS 453A.720.

     2.  Based on its evaluation conducted pursuant to subsection 1, the Division may reduce the fees set forth in NAC 453A.352 at such times as, in its judgment, the Division considers a reduction equitable in relation to ensuring that the fees are revenue neutral and reflecting the gifts and grants received by the Division pursuant to NRS 453A.720.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.704  Maximum allowable quantity of edible marijuana products and marijuana-infused products. (NRS 453A.370)  For the purposes of subparagraph (3) of paragraph (b) of subsection 3 of NRS 453A.200, the maximum allowable quantity of edible marijuana products and marijuana-infused products is an amount that is equivalent to 2 1/2 ounces of usable marijuana.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.706  Division authorized to limit marijuana production within State. (NRS 453A.370)  The Division may, upon findings made following a public hearing that the public interest will be supported by limiting the cultivation of medical marijuana in this State, limit the amount of marijuana in production within this State.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.708  Limitations on promoting marijuana and marijuana products; applicability of chapter governing labeling and testing. (NRS 453A.370)

     1.  A medical marijuana establishment:

     (a) May only promote marijuana or a marijuana product through marketing the laboratory results on the label of the marijuana or marijuana product; and

     (b) Must not use an independent testing laboratory or other laboratory to promote any other attributes of marijuana or a marijuana product.

     2.  The provisions of this chapter governing labeling and testing of marijuana and marijuana products apply to all marijuana and marijuana products, including, without limitation, pre-rolls.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.710  Division authorized to collect fee for costs of investigating complaint if substantiated; amount of fee. (NRS 453A.370)

     1.  The Division may charge and collect a fee from any medical marijuana establishment that is involved in a complaint submitted to the Division 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 medical marijuana establishments as determined by the budget of the Division.

     2.  As used in this section, “substantiated” means supported or established by evidence or proof.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.712  Confidentiality of information relating to security of medical marijuana establishment. (NRS 453A.370)  Except as otherwise provided in NRS 239.0115, any information received by the Division related to the security of a medical marijuana establishment is confidential and must not be disclosed by the Division.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.714  Confidentiality of name and any other identifying information of persons who facilitate or deliver services pursuant to chapter. (NRS 453A.370)

     1.  Except as otherwise provided in this section and NRS 239.0115, the Division will and any designee of the Division 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 453A 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 453A 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 Division 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 453A of NRS to:

     (a) Authorized employees of the Division or its designee as necessary to perform official duties of the Division; 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 453A of NRS.

     3.  Nothing in this section prohibits the Division from providing a local government with a copy of all information and documentation provided as part of an application to operate a medical marijuana establishment upon the request of the local government.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.716  Tracking and evaluation of attending physicians by Division; submission of certain information to appropriate regulatory boards. (NRS 453A.370)

     1.  The Division will register and track each attending physician who advises a patient that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical condition. To the extent possible, the Division will maintain a confidential record of:

     (a) The number of patients whom the physician advises that the medical use of marijuana may mitigate the symptoms or effects of the patients’ medical conditions;

     (b) The chronic or debilitating medical conditions of such patients;

     (c) The number of times the physician advises each patient that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical condition;

     (d) The number of different chronic or debilitating medical conditions for which the physician advises each patient that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical conditions; and

     (e) How frequently the physician advises each patient that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical condition.

     2.  Based on its evaluation of the records maintained pursuant to subsection 1, if the Division determines that an attending physician is advising patients that the medical use of marijuana may mitigate the symptoms or effects of the patients’ medical conditions at a rate that appears unreasonably high, the Division will notify the Board of Medical Examiners or the State Board of Osteopathic Medicine in writing so that the appropriate board may investigate the notification as a complaint against the physician pursuant to chapter 630 or 633 of NRS, as applicable.

     3.  The Division will, for each calendar year, submit to the Board of Medical Examiners and the State Board of Osteopathic Medicine for each physician licensed by that board the information the Division maintains pursuant to subsection 1.

     4.  If the Division has reason to believe that the public health, safety or welfare imperatively requires action, the Division may refer, in writing, a case involving an alleged violation by a physician of any provision of this chapter or chapter 453A of NRS related to the medical use of marijuana to the Board of Medical Examiners or the State Board of Osteopathic Medicine so that the appropriate board may investigate the referral as a complaint against the physician pursuant to chapter 630 or 633 of NRS, as applicable.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.718  Division to maintain log of certain persons authorized to cultivate, grow or produce marijuana; contents of log; accessibility. (NRS 453A.370)

     1.  The Division will maintain a log of each person who is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200.

     2.  The log must indicate, for each person:

     (a) Whether the person is authorized to cultivate, grow or produce marijuana and whether the person is authorized to engage in two or more of those activities; and

     (b) Whether the person is authorized to do so because:

          (1) The person who holds the registry identification card or his or her designated primary caregiver, if any, was cultivating, growing or producing marijuana in accordance with chapter 453A of NRS on or before July 1, 2013;

          (2) All the medical marijuana dispensaries in the county of residence of the person who holds the registry identification card or his or her designated primary caregiver, if any, closed or were unable to supply the quantity or strain of marijuana necessary for the medical use of the person to treat his or her specific medical condition;

          (3) As a result of illness or lack of transportation, the person who holds the registry identification card and his or her designated primary caregiver, if any, are unable reasonably to travel to a medical marijuana dispensary; or

          (4) No medical marijuana dispensary was operating within 25 miles of the residence of the person who holds the registry identification card at the time the person first applied for his or her registry identification card.

     3.  The Division will ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)

      NAC 453A.720  Designation of medical marijuana dispensary: Communication of designation by Division. (NRS 453A.370)  If a patient who holds a valid registry identification card or his or her designated primary caregiver, if any, selects one medical marijuana dispensary to serve as the designated medical marijuana dispensary of the patient pursuant to NRS 453A.366, the Division will communicate the designation to the designated medical marijuana dispensary.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)