[Rev. 6/29/2024 4:56:39 PM--2023]

CHAPTER 678D - ADULT USE OF CANNABIS

GENERAL PROVISIONS

NRS 678D.005        Definitions.

NRS 678D.010        “Concentrated cannabis” defined.

NRS 678D.020        “Enclosed, locked facility” defined.

NRS 678D.030        “State prosecution” defined.

NRS 678D.040        “Usable cannabis” defined.

LIMITED EXEMPTION FROM STATE PROSECUTION

NRS 678D.200        Person 21 years of age or older or holder of adult-use cannabis establishment license exempt from state prosecution for certain acts involving cannabis.

PROHIBITED ACTS

NRS 678D.300        Acts for which person 21 years of age or older or holder of adult-use cannabis establishment license not exempt from state prosecution.

NRS 678D.310        Violations and penalties.

PRODUCTION AND DISTRIBUTION OF ADULT-USE CANNABIS

NRS 678D.400        Adult-use cannabis cultivation facility authorized to cultivate outdoors if sufficiently hidden and adequately isolated; regulations.

NRS 678D.410        License required for transportation of cannabis for adult use and adult-use cannabis products; exceptions.

NRS 678D.420        Requirements and restrictions concerning packaging and labeling of adult-use cannabis products; exception.

NRS 678D.430        Requirements and restrictions concerning inventory of and sales by adult-use cannabis establishment; use of third party, intermediary business, broker or other unlicensed business.

NRS 678D.440        Requirements for transportation of cannabis intended for adult use and adult-use cannabis products; regulations.

NRS 678D.450        Grounds for immediate revocation of registration card. [Replaced in revision by NRS 678B.385.]

REQUIREMENTS CONCERNING OPERATION OF CANNABIS CONSUMPTION LOUNGES

NRS 678D.455        Installation of ventilation and exhaust system; training of employees; submission of certain plans to Board; disposal of cannabis and cannabis products; compliance with local ordinances and rules and regulations of Board.

NRS 678D.460        Sales of food, beverages and certain other items authorized; provision of live entertainment authorized.

NRS 678D.465        Prohibited acts.

NRS 678D.470        Retail cannabis consumption lounge: Authorized acts concerning acquisition, preparation and sale of single-use and ready-to-consume cannabis products; requirement to ensure only single-use or ready-to-consume cannabis products purchased from lounge are consumed in lounge.

NRS 678D.475        Independent cannabis consumption lounge: Requirement to enter into contract with adult-use cannabis retail store; authorized acts concerning acquisition, preparation and sale of single-use and ready-to-consume cannabis products; requirement to ensure only single-use or ready-to-consume cannabis products purchased from lounge are consumed in lounge; submission of contract to Board.

NRS 678D.480        Board to adopt regulations governing sale and consumption of single-use and ready-to-consume cannabis products at cannabis consumption lounge.

MISCELLANEOUS PROVISIONS

NRS 678D.490        Adult-use cannabis establishment deemed dual licensee; authorization to engage in activity relating to medical use of cannabis; regulations.

NRS 678D.500        Regulations; information about consumers.

NRS 678D.510        Effect of chapter.

_________

GENERAL PROVISIONS

      NRS 678D.005  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 678D.010 to 678D.040, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2019, 3834)

      NRS 678D.010  “Concentrated cannabis” defined.  “Concentrated cannabis” has the meaning ascribed to it in NRS 453.042.

      (Added to NRS by 2019, 3834)

      NRS 678D.020  “Enclosed, locked facility” defined.  “Enclosed, locked facility” has the meaning ascribed to it in NRS 678B.040.

      (Added to NRS by 2019, 3834)

      NRS 678D.030  “State prosecution” defined.  “State prosecution” has the meaning ascribed to it in NRS 678C.090.

      (Added to NRS by 2019, 3834)

      NRS 678D.040  “Usable cannabis” defined.  “Usable cannabis” has the meaning ascribed to it in NRS 678C.100.

      (Added to NRS by 2019, 3834)

LIMITED EXEMPTION FROM STATE PROSECUTION

      NRS 678D.200  Person 21 years of age or older or holder of adult-use cannabis establishment license exempt from state prosecution for certain acts involving cannabis.

      1.  Except as otherwise provided in NRS 678D.300, a person who is 21 years of age or older is exempt from state prosecution for:

      (a) The possession, delivery or production of cannabis;

      (b) The possession or delivery of paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of cannabis;

      (d) Aiding and abetting another in the possession or delivery of paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.

      2.  In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the adult use of cannabis in accordance with the provisions of this title.

      3.  The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person:

      (a) Is 21 years of age or older;

      (b) Is not employed by any agency or political subdivision of this State in a position which requires the person to be certified by the Peace Officers’ Standards and Training Commission;

      (c) Engages in the adult use of cannabis in accordance with the provisions of this title;

      (d) Does not, at any one time, possess, deliver or produce more than:

             (1) Two and one-half ounces of usable cannabis;

             (2) One-fourth of an ounce of concentrated cannabis;

             (3) Six cannabis plants, irrespective of whether the cannabis plants are mature or immature; and

             (4) A maximum allowable quantity of adult-use cannabis products as established by regulation of the Board;

      (e) Cultivates, grows or produces not more than six cannabis plants:

             (1) Within an enclosed area that is not exposed to public view that is equipped with locks or other security devices which allow access only by an authorized person; and

             (2) At a residence or upon the grounds of a residence in which not more than 12 cannabis plants are cultivated, grown or produced;

      (f) Delivers 2.5 ounces or less of usable cannabis or one-fourth of an ounce or less of concentrated cannabis without remuneration to a person who is 21 years of age or older so long as such delivery is not advertised or promoted to the public; and

      (g) Assists another person who is 21 years of age or older in carrying out any of the acts described in paragraphs (a) to (f), inclusive.

      4.  If a person possesses, uses or produces cannabis in an amount which exceeds the amount set forth in paragraph (d) of subsection 3 or in any manner other than that set forth in subsection 3, the person is not exempt from state prosecution for the possession, delivery or production of cannabis.

      5.  A person who holds an adult-use cannabis establishment license issued to the person pursuant to NRS 678B.250, a cannabis establishment agent registration card issued to the person pursuant to NRS 678B.340, a cannabis establishment agent registration card for a cannabis executive issued to the person pursuant to NRS 678B.350 or a cannabis establishment agent registration card for a cannabis receiver issued to the person pursuant to NRS 678B.355, and confines his or her activities to those authorized by this title, and the regulations adopted by the Board pursuant thereto, is exempt from state prosecution for:

      (a) The possession, delivery or production of cannabis;

      (b) The possession or delivery of paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of cannabis;

      (d) Aiding and abetting another in the possession or delivery of paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.

      6.  The commission of any act by a person for which the person is exempt from state prosecution pursuant to this section must not be used as the basis for the seizure or forfeiture of any property of the person or for the imposition of a civil penalty.

      (Added to NRS by 2019, 3834; A 2021, 2154; 2023, 2570)

PROHIBITED ACTS

      NRS 678D.300  Acts for which person 21 years of age or older or holder of adult-use cannabis establishment license not exempt from state prosecution.

      1.  A person is not exempt from state prosecution for any of the following acts:

      (a) Driving, operating or being in actual physical control of a vehicle, a power-driven vessel or a sailing vessel under way while under the influence of cannabis.

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130.

      (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.

      (d) Possessing cannabis in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566:

             (1) If the possession of the cannabis or paraphernalia is discovered because the person engaged in the adult use of cannabis in:

                   (I) Except as otherwise provided by regulations adopted by the Board pursuant to NRS 678B.645, any public place or in any place open to the public or exposed to public view; or

                   (II) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders; or

             (2) If the possession of the cannabis or paraphernalia occurs on school property.

      (e) Knowingly delivering cannabis to another person who is not 21 years of age or older unless:

             (1) The recipient holds a valid registry identification card or letter of approval issued to the person by the Division of Public and Behavioral Health of the Department of Health and Human Services or its designee pursuant to NRS 678C.230 or 678C.270.

             (2) The person demanded and was shown bona fide documentary evidence of the age and identity of the recipient issued by a federal, state, county or municipal government, or subdivision or agency thereof.

      2.  As used in this section, “school property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

      (Added to NRS by 2019, 3835; A 2021, 2376; 2023, 561)

      NRS 678D.310  Violations and penalties.

      1.  Except as otherwise provided in chapter 678C of NRS, a person shall not:

      (a) Cultivate cannabis within 25 miles of an adult-use cannabis retail store licensed pursuant to chapter 678B of NRS, unless the person is an adult-use cannabis cultivation facility or is a cannabis establishment agent volunteering at, employed by or providing labor to an adult-use cannabis cultivation facility;

      (b) Cultivate cannabis plants where they are visible from a public place by normal unaided vision; or

      (c) Cultivate cannabis on property not in the cultivator’s lawful possession or without the consent of the person in lawful physical possession of the property.

      2.  A person who violates the provisions of subsection 1 is guilty of:

      (a) For a first violation, a misdemeanor punished by a fine of not more than $600.

      (b) For a second violation, a misdemeanor punished by a fine of not more than $1,000.

      (c) For a third violation, a gross misdemeanor.

      (d) For a fourth or subsequent violation, a category E felony.

      3.  Except as otherwise provided in subsection 10 or by regulations adopted by the Board pursuant to NRS 678B.645, a person who smokes or otherwise consumes cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle is guilty of a misdemeanor punished by a fine of not more than $600.

      4.  A person under 21 years of age who falsely represents himself or herself to be 21 years of age or older to obtain cannabis is guilty of a misdemeanor and shall be punished by:

      (a) Performing not more than 24 hours of community service;

      (b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or

      (c) Being required to undergo an evaluation in accordance with subsection 2 of NRS 484C.350,

Ę or any combination thereof.

      5.  If a person under 21 years of age fulfills the terms and conditions imposed for a violation of subsection 4, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      6.  A person under 21 years of age who knowingly enters, loiters or remains on the premises of an adult-use cannabis establishment shall be punished by a fine of not more than $500 unless the person is authorized to possess cannabis pursuant to chapter 678C of NRS and the adult-use cannabis establishment is a dual licensee.

      7.  A person who manufactures cannabis by chemical extraction or chemical synthesis, unless done pursuant to an adult-use cannabis establishment license for an adult-use cannabis production facility issued by the Board or authorized by this title, is guilty of a category E felony.

      8.  A person who knowingly gives cannabis or a cannabis product to any person under 21 years of age or who knowingly leaves or deposits any cannabis or cannabis product in any place with the intent that it will be procured by any person under 21 years of age is guilty of a misdemeanor.

      9.  A person who knowingly gives cannabis to any person under 18 years of age or who knowingly leaves or deposits any cannabis in any place with the intent that it will be procured by any person under 18 years of age is guilty of a gross misdemeanor.

      10.  A person may smoke or otherwise consume cannabis or a cannabis product in a cannabis consumption lounge.

      (Added to NRS by 2019, 3836; A 2021, 859, 2377)

PRODUCTION AND DISTRIBUTION OF ADULT-USE CANNABIS

      NRS 678D.400  Adult-use cannabis cultivation facility authorized to cultivate outdoors if sufficiently hidden and adequately isolated; regulations.  An adult-use cultivation facility may cultivate cannabis outdoors if the outdoor cultivation is sufficiently hidden from public view and adequately isolated. The Board shall adopt regulations establishing requirements for the outdoor cultivation of cannabis.

      (Added to NRS by 2019, 3837)

      NRS 678D.410  License required for transportation of cannabis for adult use and adult-use cannabis products; exceptions.  An adult-use cannabis establishment shall not transport cannabis or adult-use edible cannabis products or adult-use cannabis-infused products to an adult-use cannabis retail store unless the adult-use cannabis establishment:

      1.  Holds a license for an adult-use cannabis distributor;

      2.  Holds a medical cannabis establishment license and is only transporting cannabis or medical edible cannabis products or medical cannabis-infused products for the medical use of cannabis;

      3.  Is an adult-use cannabis independent testing laboratory transporting samples for testing; or

      4.  Is a dual licensee and is only transporting cannabis or medical edible cannabis products or medical cannabis-infused products for the medical use of cannabis to a medical cannabis dispensary or a dual licensee.

      (Added to NRS by 2019, 3837)

      NRS 678D.420  Requirements and restrictions concerning packaging and labeling of adult-use cannabis products; exception.

      1.  An adult-use edible cannabis product or an adult-use cannabis-infused product must be labeled in a manner which indicates the number of servings of THC in the product, measured in servings of a maximum of 10 milligrams per serving.

      2.  An adult-use cannabis product must be sold in a single package. A single package must not contain:

      (a) More than 1 ounce of usable cannabis or one-eighth of an ounce of concentrated cannabis.

      (b) For an adult-use cannabis product sold as a capsule, more than 100 milligrams of THC per capsule or more than 800 milligrams of THC per package.

      (c) For an adult-use cannabis product sold as a tincture, more than 800 milligrams of THC.

      (d) For an adult-use edible cannabis product, more than 100 milligrams of THC.

      (e) For an adult-use cannabis product sold as a topical product, a concentration of more than 6 percent THC or more than 800 milligrams of THC per package.

      (f) For an adult-use cannabis product sold as a suppository or transdermal patch, more than 100 milligrams of THC per suppository or transdermal patch or more than 800 milligrams of THC per package.

      (g) For any other adult-use cannabis product, more than 800 milligrams of THC.

      3.  To the extent that they are inconsistent or otherwise conflict with the regulations adopted by the Board pursuant to NRS 678D.480, the requirements of this section do not apply to a ready-to-consume cannabis product prepared and sold by a cannabis consumption lounge.

      (Added to NRS by 2019, 3838; A 2021, 2378)

      NRS 678D.430  Requirements and restrictions concerning inventory of and sales by adult-use cannabis establishment; use of third party, intermediary business, broker or other unlicensed business.

      1.  If an adult-use cannabis establishment is operated by a dual licensee, the adult-use cannabis establishment may:

      (a) For the purpose of tracking cannabis, maintain a combined inventory with a medical cannabis establishment operated by the dual licensee; and

      (b) For the purpose of reporting on the inventory of the adult-use cannabis establishment, maintain a combined inventory with a medical cannabis establishment operated by the dual licensee and report the combined inventory under a single medical cannabis license or adult-use cannabis license.

      2.  If a cannabis establishment is operated by a dual licensee, the cannabis establishment shall:

      (a) For the purpose of reporting on the sales of any adult-use cannabis establishment or medical cannabis establishment operated by the dual licensee, designate each sale as a sale pursuant to the provisions of this chapter or chapter 678C of NRS; and

      (b) Verify that each person who purchases cannabis or cannabis products in a sale designated as a sale pursuant to the provisions of chapter 678C of NRS holds a valid registry identification card.

      3.  An adult-use cannabis retail store shall not sell cannabis or cannabis products through the use of, or accept a sale of cannabis or cannabis products from, a third party, intermediary business, broker or any other business that does not hold an adult-use cannabis establishment license.

      4.  An adult-use cannabis retail store may contract with a third party or intermediary business to deliver cannabis or cannabis products only if:

      (a) Every sale of cannabis or cannabis products which is delivered by the third party or intermediary business is made directly from the adult-use cannabis retail store or an Internet website, digital network or software application service of the adult-use cannabis retail store;

      (b) The third party or intermediary business does not advertise that it sells, offers to sell or appears to sell cannabis or cannabis products or allows the submission of an order for cannabis or cannabis products;

      (c) In addition to any other requirements imposed by the Board by regulation, the name of the adult-use cannabis retail store and all independent contractors who perform deliveries on behalf of the adult-use cannabis retail store has been published on the Internet website of the Board; and

      (d) The delivery is made by a cannabis establishment agent who is authorized to make the delivery by the adult-use cannabis retail store by which he or she is employed.

      (Added to NRS by 2019, 3838)

      NRS 678D.440  Requirements for transportation of cannabis intended for adult use and adult-use cannabis products; regulations.

      1.  An adult-use cannabis distributor may transport cannabis and cannabis products between an adult-use cannabis establishment and another adult-use cannabis establishment or between the buildings of an adult-use cannabis establishment.

      2.  An adult-use cannabis establishment shall not transport cannabis or cannabis products to an adult-use cannabis retail store unless the adult-use cannabis establishment holds an adult-use cannabis establishment license for an adult-use cannabis distributor.

      3.  An adult-use cannabis distributor shall not purchase or sell cannabis or cannabis products unless the adult-use cannabis distributor also holds an adult-use cannabis establishment license for a type of adult-use cannabis establishment authorized by law to purchase or sell cannabis or cannabis products.

      4.  An adult-use cannabis distributor may enter into an agreement or contract with an adult-use cannabis establishment for the transport of cannabis or cannabis products. Such an agreement or contract may include, without limitation, provisions relating to insurance coverage, climate control and theft by a third party or an employee.

      5.  An adult-use cannabis distributor, and each cannabis establishment agent employed by the adult-use cannabis distributor who is involved in the transportation, is responsible for cannabis and cannabis products once the adult-use cannabis distributor takes control of the cannabis or cannabis products and leaves the premises of an adult-use cannabis establishment.

      6.  The Board may adopt regulations establishing additional requirements for the operations of an adult-use cannabis distributor.

      (Added to NRS by 2019, 3840)

      NRS 678D.450  Grounds for immediate revocation of registration card.  [Replaced in revision by NRS 678B.385.]

 

REQUIREMENTS CONCERNING OPERATION OF CANNABIS CONSUMPTION LOUNGES

      NRS 678D.455  Installation of ventilation and exhaust system; training of employees; submission of certain plans to Board; disposal of cannabis and cannabis products; compliance with local ordinances and rules and regulations of Board.

      1.  A cannabis consumption lounge shall:

      (a) Install a ventilation and exhaust system which is capable of sufficiently expelling odors generated in the cannabis consumption lounge, reducing volatile organic compounds and maintaining the standards for air quality in the cannabis consumption lounge as set forth by regulation of the Board;

      (b) Train each employee of the cannabis consumption lounge concerning paraphernalia, single-use cannabis products and ready-to-consume cannabis products, including, without limitation, the proper use of paraphernalia, the potency, absorption time and effects of single-use cannabis products and ready-to-consume cannabis products, the recognition of impairment from and overconsumption of cannabis and the safe handling of a customer who is impaired;

      (c) Submit a security plan to the Board which, without limitation, provides for adequate security and lighting at the cannabis consumption lounge and for each entrance and exit of the cannabis consumption lounge to be adequately secured, and submit to the Board such updates to the plan as the Board may require;

      (d) Submit a plan to the Board setting forth protocols and procedures to deter customers from driving under the influence of cannabis, and submit to the Board such updates to the plan as the Board may require;

      (e) Submit a plan to the Board setting forth protocols and procedures to ensure that cannabis and cannabis products are not sold or otherwise distributed in the cannabis consumption lounge other than as authorized in this chapter, and submit to the Board such updates to the plan as the Board may require;

      (f) Dispose of cannabis or cannabis products which are left at the cannabis consumption lounge in accordance with the procedures for disposal set forth by the regulations of the Board;

      (g) Comply with all local ordinances and rules; and

      (h) Comply with any requirements set forth by regulation of the Board.

      2.  As used in this section, “volatile organic compound” has the meaning ascribed to it in 40 C.F.R. § 51.100(s).

      (Added to NRS by 2021, 2374)

      NRS 678D.460  Sales of food, beverages and certain other items authorized; provision of live entertainment authorized.  A cannabis consumption lounge may:

      1.  Sell food and beverages to customers of the cannabis consumption lounge;

      2.  Sell any other item which does not contain cannabis or cannabis products and is not intended for use with cannabis or cannabis products to customers of the cannabis consumption lounge; and

      3.  Provide live entertainment at the cannabis consumption lounge.

      (Added to NRS by 2021, 2374)

      NRS 678D.465  Prohibited acts.  A cannabis consumption lounge shall not allow:

      1.  The consumption of cannabis or cannabis products at any place which is within view of a public place;

      2.  The entry of any person who is less than 21 years of age to the cannabis consumption lounge;

      3.  The consumption of any cannabis or cannabis product in the cannabis consumption lounge that is not a single-use cannabis product or ready-to-consume cannabis product; or

      4.  A single-use cannabis product or ready-to-consume cannabis product that was purchased at the cannabis consumption lounge to be removed from the premises of the cannabis consumption lounge.

      (Added to NRS by 2021, 2375)

      NRS 678D.470  Retail cannabis consumption lounge: Authorized acts concerning acquisition, preparation and sale of single-use and ready-to-consume cannabis products; requirement to ensure only single-use or ready-to-consume cannabis products purchased from lounge are consumed in lounge.

      1.  A retail cannabis consumption lounge may:

      (a) Obtain from the adult-use cannabis retail store to which the retail cannabis consumption lounge is attached or immediately adjacent:

             (1) Single-use cannabis products for the purposes of resale; and

             (2) Cannabis or cannabis products for the purposes of producing ready-to-consume cannabis products;

      (b) Sell single-use cannabis products obtained pursuant to paragraph (a) to customers of the retail cannabis consumption lounge; and

      (c) Prepare ready-to-consume cannabis products using cannabis obtained pursuant to paragraph (a) and sell such products to customers of the cannabis consumption lounge.

      2.  A retail cannabis consumption lounge shall ensure that only single-use cannabis products or ready-to-consume cannabis products that were purchased from the retail cannabis consumption lounge are consumed in the lounge.

      (Added to NRS by 2021, 2375)

      NRS 678D.475  Independent cannabis consumption lounge: Requirement to enter into contract with adult-use cannabis retail store; authorized acts concerning acquisition, preparation and sale of single-use and ready-to-consume cannabis products; requirement to ensure only single-use or ready-to-consume cannabis products purchased from lounge are consumed in lounge; submission of contract to Board.

      1.  An independent cannabis consumption lounge shall enter into a contract with one or more adult-use cannabis retail stores to sell to the independent cannabis consumption lounge:

      (a) Single-use cannabis products for the purpose of resale; and

      (b) Cannabis and cannabis products for the purpose of preparing ready-to-consume cannabis products.

      2.  An independent cannabis consumption lounge which has entered into a contract pursuant to subsection 1 may:

      (a) Sell single-use cannabis products obtained pursuant to subsection 1 to customers of the independent cannabis consumption lounge; and

      (b) Prepare ready-to-consume cannabis products using cannabis and cannabis products obtained pursuant to subsection 1 and sell such products to customers of the independent cannabis consumption lounge.

      3.  An independent cannabis consumption lounge shall ensure that only single-use cannabis products or ready-to-consume cannabis products that were purchased from the independent cannabis consumption lounge are consumed in the lounge.

      4.  The Board may require an independent cannabis consumption lounge to submit a contract entered into pursuant to subsection 1 to the Board for review.

      (Added to NRS by 2021, 2375)

      NRS 678D.480  Board to adopt regulations governing sale and consumption of single-use and ready-to-consume cannabis products at cannabis consumption lounge.  The Board shall adopt regulations governing the sale and consumption of single-use cannabis products and ready-to-consume cannabis products at a cannabis consumption lounge. Such regulations must, without limitation:

      1.  Prescribe a list of single-use cannabis products comprising each type of cannabis and adult-use cannabis product that the Board has determined to be appropriate for consumption at a cannabis consumption lounge;

      2.  Establish standards for the content, quality and potency of ready-to-consume cannabis products, including, without limitation, the maximum THC concentration for such products;

      3.  Prescribe procedures and protocols for the preparation and safe handling of ready-to-consume cannabis products to ensure that each such prepared product meets the standards established pursuant to subsection 1;

      4.  Establish requirements relating to the sale of ready-to-consume cannabis products, including, without limitation, requirements relating to notifications that must be provided to a purchaser of such a product at the time of sale; and

      5.  Set forth any other requirements concerning the preparation of ready-to-consume cannabis products and sale of single-use cannabis products and ready-to-consume cannabis products that the Board determines are necessary.

      (Added to NRS by 2021, 2376)

MISCELLANEOUS PROVISIONS

      NRS 678D.490  Adult-use cannabis establishment deemed dual licensee; authorization to engage in activity relating to medical use of cannabis; regulations.

      1.  Each adult-use cannabis establishment shall be deemed to be a dual licensee for the purposes of this title and may engage in any activity relating to the medical use of cannabis in the same manner and to the same extent as if the adult-use cannabis establishment also held a medical cannabis establishment license of the same type for which the establishment holds an adult-use cannabis establishment license.

      2.  An adult-use cannabis establishment that engages in activities involving the medical use of cannabis pursuant to this section shall comply with all provisions of this title and the regulations adopted pursuant thereto applicable to a dual licensee, including, without limitation, any provisions governing the specific activity relating to the medical use of cannabis in which the establishment is engaged.

      3.  The Board may adopt any regulations necessary to carry out the provisions of this section.

      (Added to NRS by 2023, 2570)

      NRS 678D.500  Regulations; information about consumers.  The Board may adopt regulations necessary or convenient to carry out the provisions of this chapter. Such regulations must not require a consumer to provide an adult-use cannabis retail store with personally identifiable information other than government-issued identification to determine the age of the consumer.

      (Added to NRS by 2019, 3840)

      NRS 678D.510  Effect of chapter.

      1.  The provisions of this chapter do not prohibit:

      (a) A public or private employer from maintaining, enacting and enforcing a workplace policy prohibiting or restricting actions or conduct otherwise permitted under this chapter;

      (b) A state or local governmental agency that occupies, owns or controls a building from prohibiting or otherwise restricting the consumption, cultivation, processing, manufacture, sale, delivery or transfer of cannabis in that building;

      (c) A person who occupies, owns or controls a privately owned property from prohibiting or otherwise restricting the smoking, cultivation, processing, manufacture, sale, delivery or transfer of cannabis on that property; or

      (d) A local government from adopting and enforcing local cannabis control measures pertaining to zoning and land use for adult-use cannabis establishments, including, without limitation, a measure which prohibits the operation of adult-use cannabis establishments.

      2.  Nothing in the provisions of this chapter shall be construed as in any manner affecting the provisions of chapter 678C of NRS relating to the medical use of cannabis.

      (Added to NRS by 2019, 3836; A 2021, 2378)