AB 422 — Revises provisions relating to the use of marijuana. (BDR 40-983)

or - *AB422_R4* – 4 – (b) Osteopathic medicine pursuant to the provisions of chapter 633 of NRS;

or - 79th Session (2017) – 4 – (c) Other cultivation facilities.

“Designated primary caregiver” means a person who:who(a) Is 18 years of age or older;

(a) Is 18 years of age or older;

Acquires, possesses, manufactures, delivers, transfers, transports, supplies or sells edible marijuana products or marijuana- infusedinfSec. products to medical marijuana dispensaries.

12.duc(Deleted by amendment.) dispensaries.

12.

(Deleted by amendment.) - *AB422_R4* – 5 – Sec.

453A.118 “Medical marijuana establishment agent registration card” means a registration card that is issued by the [Division] - 79th Session (2017) – 5 – Department pursuant to NRS 453A.332 to authorize a person to volunteer or work at a medical marijuana establishment.

453A.119 “Medical marijuana establishment registration certificate” means a registration certificate that is issued by the [Division] Department pursuant to NRS 453A.322 to authorize the the operation of a medical marijuana establishment.

Sec.Secs.

16.16 and 17.

17.

(Deleted by amendment.) Sec.

(e) Any combination of the acts described in paragraphs (a) to (d),(d)(f) inclusive;Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.

and2. (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.

- *AB422_R4* – 6 – 2.

The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and the designated primary caregiver, if any, of such a person:

- 79th Session (2017) – 6 – (a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of a person’s chronic or debilitating medical condition;

and (b)who Dois not,authorized atto anypossess, onedeliver time,or collectivelyproduce possessmore withthan:nother another(1) whoTwo isand authorizedone-half toounces possess,of deliverusable ormarijuana producein moreany than:one 14-day period;

(1) Two and one-half ounces of usable marijuana in any one 14-day period;

A person who holds a valid medical marijuana establishment registration certificate issued to the person pursuant to NRS 453A.322 or a valid medical marijuana establishment agent registration card issued to the person pursuant to NRS 453A.332, and who confines his or her activities to those authorized by NRS 453A.320 to 453A.370, inclusive, and the regulations adopted bybyRS the [Division] Department pursuant thereto, is exempt from state prosecution for:

- *AB422_R4* – 7 – (c) Aiding and abetting another in the possession, delivery or production of marijuana;

- 79th Session (2017) – 7 – 6.

Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical marijuana dispensary opens in the county of residence of a person who holds a registry identification card, including, without limitation, a designated primary caregiver, such a person is not authorized to cultivate, grow or produce marijuana.

The provisions of thisthisd to subsection do not apply if:

The Division shall establish and maintain a program for the issuance of registry identification cards and letters of approval2.proExcept toas personsotherwise whoprovided meetin thesubsections requirements3 ofand this5 section.andn.

2.NRS 453A.225, the Division or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Division accompanied by the following:

Except(a) as[Valid, otherwisewritten provideddocumentation] inA subsectionssignature 3from and 5 and NRS 453A.225, the Divisionperson’s orattending its[physician designeestating] shallprovider issue a registry identification card to a person who is a resident of thishealth Statecare andaffirming whothat: submits an application on a form prescribed by the Division accompanied by the following:

- *AB422_R4* – 8 – (a) [Valid, written documentation] A signature from the person’s attending [physician stating] provider of health care affirming that:

[and] - 79th Session (2017) – 8 – (3) The attending [physician] provider of health care has explained the possible risks and benefits of the medical use of marijuana;

and (4) The attending provider of health care will keep, in the files maintained by the attending provider of health care for the person, valid, written documentation and make such writtenwrittenfor the documentation available to the Division upon request;

(a) The person submits the materials required pursuant to subsection 2;

and submits the materials required pursuant to (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:

(1) The attending [physician] provider of health care of the person under 18 years of age is a physician licensed pursuant to chapter 630 or 633 of NRS and has explained to that person and to the custodial parent or legal guardian with responsibility for health - *AB422_R4* – 9 – care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

- 79th Session (2017) – 9 – (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 1818s years of age;

(2) One copy to the applicant’s designated primary caregiver, if any;

andandOne copy to the applicant’s designated primary caregiver, (3) [One copy to the Central Repository for Nevada Records of Criminal History;

¬ [The Central Repository for Nevada Records of Criminal History shall report to the Division its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c).] The [Board of Medical Examiners or the State Board of Osteopathic Medicine, as] applicable [,] professional licensing board shall report to the Division its findings as to the licensure or certification, - *AB422_R4* – 10 – as applicable, and standing of the applicant’s attending [physician] provider of health care within 15 days after receiving a copy of an application pursuant to subparagraph [(4)] (3) of paragraph (c).

- 79th Session (2017) – 10 – 5.

The Division shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within [30 days after receiving the application.] the period of time specified by the Division by regulation.

(c)the Theapplicant Divisionwas determinesfalsified;es that the information provided by (d) The Division determines that the attending [physician] provider of health care of the applicant wasis falsified;not licensed [to practice medicine or osteopathic medicine] or certified in this State or is not in good standing, as reported by the [Board of Medical Examiners or the State Board of Osteopathic Medicine, as] applicable [;] professional licensing board;

(d) The Division determines that the attending [physician] provider of health care of the applicant is not licensed [to practice medicine or osteopathic medicine] or certified in this State or is not in good standing, as reported by the [Board of Medical Examiners or the State Board of Osteopathic Medicine, as] applicable [;] professional licensing board;

[(g)] (f) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has had a registry identification card or letter of approval revoked pursuant to NRSNRS[(h)] 453A.225;(g) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

or- [(h)]79th (g)Session In(2017) the– case11 of– a6. person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

- *AB422_R4* – 11 – 6.

Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Division.

An attending provider of health care who signs an application pursuant to subsection 2 for a patient shall maintain valid, written documentation in the file the attending provider of health care maintains for the patient and make such written documentation available to the Division upon request.

- 79th Session (2017) – 12 – 2.

- *AB422_R4* – 12 – (a) The name, address, photograph and date of birth of the applicant;

(b)identification Thecard;ssuance date of issuance and date of expiration of the registry identification(c) card;The name and address of the applicant’s designated primary caregiver, if any;

(c) The name and address of the applicant’s designated primary caregiver, if any;

(a) The name, address and photograph of the designated primary caregiver;car(b) The date of issuance and date of expiration of the registry identification card;

(b) The date of issuance and date of expiration of the registry identification card;

Except as otherwise provided in NRS 453A.225, subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300, a registry identification card or letter of approval issued pursuant to this - 79th Session (2017) – 13 – section is valid for a period of either 1 year or 2 years, as specified by the attending provider of health care on the application for the issuance or renewal of the registry identification card or letter of - *AB422_R4* – 13 – approval, and may be renewed in accordance with regulations adoptedadoSec. by the Division.

Sec.21.the NRS 453A.225 is hereby amended to read as follows:

21.

NRS 453A.225 is hereby amended to read as follows:

[If, at any time after the Division or its designee has issued a registry identification card to a person pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250, the Division determines, on the basis of official documents or records or other credible evidence, that the person has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210, the Divisionissued shallto immediatelythat person.tely revoke the registry identification card issued3.] Upon the revocation of a registry identification card or letter of approval pursuant to thatthis person.section:

3.] Upon the revocation of a registry identification card or letter of approval pursuant to this section:

- 79th Session (2017) – 14 – [5.] 4.

A person whose registry identification card or letter of approval has been revoked pursuant to this section may not reapply for a registry identification card or letter of approval pursuant to NRS 453A.210 for 12 months after the date of the revocation, unless thereapplication Divisionin or a courtshorter oftime.tent competent jurisdiction authorizes reapplicationSec. in a shorter time.

- *AB422_R4* – 14 – Sec.

and (III) The attending [physician] provider of health care has explained to the person the possible risks and benefits of the medical use of marijuana;

A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250 shall, in - 79th Session (2017) – 15 – accordance with regulations adopted by the Division, notify the Division of any change in the person’s name, address, telephone number, designated medical marijuana dispensary or the identity of the person for whom he or she acts as designated primary caregiver.

3.or 2, the registry identification card or letter of approval issued to the person shall be deemed expired.

If athe personregistry failsidentification tocard complyor withletter theof provisionsapproval of subsectiona 1person orto 2,whom the registryDivision identificationor its designee issued the card or letter pursuant to paragraph (a) of approvalsubsection 1 of NRS 453A.220 is deemed expired pursuant to this subsection, a registry identification card issued to the personperson’s designated primary caregiver, if any, shall also be deemed expired.

If the registry identification card or letter of approval of a person to whom the Division or its - *AB422_R4* – 15 – designee issued the card or letter pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is deemed expired pursuant to this subsection, a registry identification card issued to the person’s designated primary caregiver, if any, shall also be deemed expired.

453A.240 If a person to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is diagnosed by the person’s attending [physician] provider of health care as no longer having a chronic or debilitating medical condition, the person shall return his or her registry identification card or letter of approval and his or her designated primary caregiver, if any, shall return his or her registry identification card to the Division within 7 days after notification of the diagnosis.

(a) To designate a primary caregiver at the time of application, submit to the Division , on a form prescribed by the Division, the - 79th Session (2017) – 16 – information required pursuant to paragraph (e) of subsection 2 of NRS 453A.210;

or (b) To designate a primary caregiver after the Division or its designee has issued a registry identification card or letter of approval to the person, submit to the Division , on a form prescribed by the Division, the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.

- *AB422_R4* – 16 – 3.

Sec.Secs.

25.25 and 26.

26.

(Deleted by amendment.) Sec.

Except as otherwise provided in this section and NRS 453A.300, it is an affirmative defense to a criminal charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that the person charged with the offense:

and (3) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person’s attending [physician] - 79th Session (2017) – 17 – provider of health care to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition;

(1) Is assisting a person described in paragraph (a) in the medicalmedical(2) usePossesses, delivers or produces marijuana only in the amount described in paragraph (b) of marijuana;subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person’s attending [physician] provider of health care to mitigate the symptoms or effects of the assisted person’s chronic or debilitating medical condition.

and (2) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person’s attending [physician] provider of health care to mitigate the symptoms or - *AB422_R4* – 17 – effects of the assisted person’s chronic or debilitating medical condition.

or (b) Presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition, ¬ if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply substantially with the provisions of thi4.chaA defendant who intends to offer an affirmative defense described in this chapter.section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of the defendant’s intent to claim the affirmative defense.

4.

A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of the defendant’s intent to claim the affirmative defense.

- 79th Session (2017) – 18 – Sec.

A person who wishes to operate a medical marijuana establishment must submit to the [Division] Department an application on a form prescribed by the [Division.] Department.

- *AB422_R4* – 18 – (a) The person who wishes to operate the proposed medical marijuana establishment has submitted to the [Division] Department all of the following:

(II) The physical address where the proposed medical marijuana establishment will be located and the physical address of any co-owned additional or otherwise associated medical marijuana establishments, the locations of which may not be within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed medical marijuana establishment was submitted to the [Division,] Department, or within 300 feet of a community facility that existed on the date on which the application for the proposed medical marijuana establishment was submitted to the [Division;] Department;

(V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed medical marijuana establishment, a complete set of the person’s fingerprints - 79th Session (2017) – 19 – and written permission of the person authorizing the [Division] Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(VI) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of thetheson proposed medical marijuana establishment;

- *AB422_R4* – 19 – (I) Procedures to ensure the use of adequate security measures;

(5) If the city, town or county in which the proposed medical marijuana establishment will be located has enacted zoning restrictions, proof of licensure with the applicable local governmental authority or a letter from the applicable local governmental authority certifying that the proposed medical marijuana establishment is in compliance with those restrictions and satisfies all applicable building requirements;

and restrictions and (6) Such other information as the [Division] Department may require by regulation;

and - 79th Session (2017) – 20 – (d) None of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment are under 21 years of age.

For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed medical marijuana establishment, thether or [Division] Department shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.

Except as otherwise provided in subsection 6, if an application for registration as a medical marijuana establishment satisfies the requirements of this section and the establishment is not disqualified from being registered as a medical marijuana establishment pursuant to this section or other applicable law, the [Division] Department shall issue to the establishment a medical - *AB422_R4* – 20 – marijuana establishment registration certificate.Acertificate. medical marijuana establishment registration certificate expires 1 year after the date of issuance and may be renewed upon:

A medical marijuana establishment registration certificate expires 1 year after the date of issuance and may be renewed upon:

(1) If such a person holds 5 percent or less of the ownership interest in any one medical marijuana establishment or an ownership interest in more than one medical marijuana establishment of the same kind that, when added together, equals perc(2) If such a person holds more than 5 percent of the ownership interest in any one medical marijuana establishment or less,an ownership interest in more than one medical marijuana establishment of the same kind that, when added together, equals more than 5 percent, or is an officer or board member of a medical marijuana establishment, once in any 5-year3-year period;

and (2) If such a person holds more than 5 percent of the ownership interest in any one medical marijuana establishment or an ownership interest in more than one medical marijuana establishment of the same kind that, when added together, equals more than 5 percent, or is an officer or board member of a medical marijuana establishment, once in any 3-year period;

and (c) If the medical marijuana establishment is an independent testing laboratory, submission of proof that the independent testing laboratory is accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization.

In determining whether to issue a medical marijuana establishment registration certificate pursuant to this section, the - 79th Session (2017) – 21 – [Division] Department shall consider the criteria of merit set forth in NRS 453A.328.

(a) Shall not require an applicant for registration as a medical marijuana establishment or for the renewal of a medical marijuana establishment registration certificate to submit a financial statement with the application for registration or renewal;

- *AB422_R4* – 21 – (e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.

(a)certificates;ounty whose population is 700,000 or more, 40 (b) In a county whose population is 700,000100,000 or more,more 40but less than 700,000, ten certificates;

(b) In a county whose population is 100,000 or more but less than 700,000, ten certificates;

The [Division] Department may issue medical marijuana establishment - 79th Session (2017) – 22 – registration certificates for medical marijuana dispensaries in excess of the ratio otherwise allowed pursuant to this paragraph if to do so is necessary to ensure that the [Division] Department issues at least one medical marijuana establishment registration certificate in each county of this State in which the [Division] Department has approved an application for such an establishment to operate.

- *AB422_R4* – 22 – 4.

The board of county commissioners of the county may increase the percentage described in this subsection if it determines that to do so is necessary to ensure that the more populous areas of the county have access to sufficient distribution of marijuana for medical use.

In a local governmental jurisdiction that issues business licenses, the issuance by the [Division] Department of a medical - 79th Session (2017) – 23 – marijuana establishment registration certificate shall be deemed to be provisional until such time as:

and (b) The local government has issued a business license for the operation of the establishment.

issued a business license for the 4.

- *AB422_R4* – 23 – 3.

Whether the proposed location of the proposed medical marijuana establishment would be convenient to serve the needs of persons who are authorized to engage in the medical use ofeeds of marijuana;

The amount of taxes paid to, or other beneficial financial contributions made to, the State of Nevada or its political subdivisions by the applicant or the persons who are proposed to be - 79th Session (2017) – 24 – owners, officers or board members of the proposed medical marijuana establishment;

The diversity on the basis of race, ethnicity or gender of the applicant or the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment;

andandmembers of the proposed medical marijuana 11.

- *AB422_R4* – 24 – (b) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;

(c) A statement signed by the prospective medical marijuana medical marijuana establishment agent assertingregistration thatcard herevoked;had ora she(d) hasA notcomplete previouslyset hadof athe fingerprints and written permission of the prospective medical marijuana establishment agent registrationauthorizing cardthe revoked;[Division] Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

(d) A complete set of the fingerprints and written permission of the prospective medical marijuana establishment agent authorizing the [Division] Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

A person who wishes to contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment, or a medical marijuana establishment that wishes to contract with [an independent contractor to provide labor as a medical marijuana establishment - 79th Session (2017) – 25 – agent] such a person, shall submit to the [Division] Department an application on a form prescribed by the [Division] Department for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a medical marijuanaaccompanied establishmentby:ablishment agent.

The application must be accompanied(a) by:The name, address and, if the prospective medical marijuana establishment agent has a state business registration, the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS;

(a) The name, address and, if the prospective medical marijuana establishment agent has a state business registration, the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS;

- *AB422_R4* – 25 – (e) A complete set of the fingerprints of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent and written permission of the prospective medical marijuana establishment agent and each employee of the prospective medical marijuana establishment agent authorizing the [Division] Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

or - 79th Session (2017) – 26 – (b) Is less than 21 years of age, ¬ shall not serve as a medical marijuana establishment agent.

The [Division] Department shall submit the fingerprints of an applicant for registration as a medical marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

A medical marijuana establishment agent - *AB422_R4* – 26 – registration card expires 1 year after the date of issuance and may be renewed upon:

(a)(b) ResubmissionPayment of the informationrenewal fee set forth in thisNRS section;453A.344.tion;

and (b)9. Payment of the renewal fee set forth in NRS 453A.344.

9.

- 79th Session (2017) – 27 – 11.

Except as otherwise prescribed by regulation of the Department, an applicant for registration or renewal of registration as a medical marijuana establishment agent is deemed temporarily registered as a medical marijuana establishment agent on the date on which a complete application for registration or renewal of registration is submitted to the Department.

AAion or temporary registration as a medical marijuana establishment agent expires 30 days after the date upon which the application is received.

(a) [Evidence] If the party will acquire the entirety of the ownership interest in the medical marijuana establishment, evidence satisfactory to the [Division] Department that the party has complied with the provisions of sub-subparagraph (III) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322 forfor(b) For the purposeparty ofand operatingeach theperson medicalwho marijuanais establishment.proposed to be anent.

- *AB422_R4* – 27 – (b) For the party and each person who is proposed to be an owner, officer or board member of the proposed medical marijuana establishment, the name, address and date of birth of the person, a complete set of the person’s fingerprints and written permission of the person authorizing the [Division] Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(c) Proof satisfactory to the [Division] Department that, as a result of the transfer of ownership, no person, group of persons or entity will, in a county whose population is 100,000 or more, hold more than one medical marijuana establishment registration certificate or more than 10 percent of the medical marijuana - 79th Session (2017) – 28 – establishment registration certificates allocated to the county, whichever is greater.

In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a medical marijuana establishment agent registration card or medicala medical marijuana establishment registration certificate shall:

or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

- *AB422_R4* – 28 – 4.

If the [Division] Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the - 79th Session (2017) – 29 – suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate, the [Division] Department shall deem the card or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the [Division] Department receives a letter issued to the holder of the card or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the card or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Dispensing, delivering or otherwise transferring marijuana to a person other than a medical marijuana establishment agent, another medical marijuana establishment or a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver.

Acquiring usable marijuana or mature marijuana plants from any person other than a medical marijuana establishment agent, - *AB422_R4* – 29 – another medical marijuana establishment or a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver.

- 79th Session (2017) – 30 – Sec.

1.offense.Having committed or committing any excluded felony 2.

Having committed or committing any excluded felony offense.

2.

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 ForForestablishment 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 - *AB422_R4* – 30 – For the renewal of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products....................................................................$1,000products......................................................................1,000 - 79th Session (2017) – 31 – For each person identified in an application for the initial issuance of a medical marijuana establishment agent registration card..............................75card............................$75 For each person identified in an application 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.

and (b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the State DistributiveDisSec. School Account in the State General Fund.

Sec.

and - *AB422_R4* – 31 – (d) Have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.

- 79th Session (2017) – 32 – 2.

A medical marijuana establishment may move to a new location under the jurisdiction of the same local government as its original location and regardless of the distance from its original location if the operation of the medical marijuana establishment at thelocal government may approve a new location haspursuant beento approvedthisA bysubsection theonly localin government.a public hearing for which written notice is given at least 7 working days before the hearing.

A local government may approve a new location pursuant to this subsection only in a public hearing for which written notice is given at least 7 working days before the hearing.

(b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures toentrance deterinto areas containing marijuana.na and preventunauthorized the¬ theftThe provisions of marijuanathis andsubsection unauthorizeddo entrancenot intosupersede areasany containingstate marijuana.or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.

¬ The provisions of this subsection do not supersede any state or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.

A medical marijuana establishment is prohibited from acquiring, possessing, cultivating,manufacturing,cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to:

and - *AB422_R4*79th Session (2017) – 3233 – (c) Return for a refund marijuana, edible marijuana products or marijuana-infused products to the medical marijuana establishment from which the marijuana, edible marijuana products or marijuana-infused products were acquired.

¬ For the purposes of this subsection, a person shall be deemed to be a patient who possesses a valid registry identification card or letter of approval if he or she qualifies for nonresident reciprocity pursuant to NRS 453A.364.

A patient who holds a valid registry identification card, and the designated primary caregiver of such a patient, or the designated primary caregiver of a person who holds a letter of approval may sell usable marijuana to a medical marijuana dispensary one time and may sell marijuana plantspla6.s tA medical marijuana establishment shall not allow any person to aconsume cultivationmarijuana facilityon onethe time.property or premises of the establishment.

6.

A medical marijuana establishment shall not allow any person to consume marijuana on the property or premises of the establishment.

and - 79th Session (2017) – 34 – (b) May, to the extent authorized by such regulations, combine the location or operations of the medical marijuana establishment - *AB422_R4* – 33 – operated by the dual licensee with the marijuana establishment, as defined in NRS 453D.030, operated by the dual licensee.

9.monitoring system which must, at a minimum:

Eachshall medicalinstall marijuanaa establishmentvideo shall(a) installAllow for the transmission and storage, by digital or analog means, of a video monitoringfeed system which must,displays atthe ainterior minimum:and exterior of the medical marijuana establishment;

(a) Allow for the transmission and storage, by digital or analog means, of a video feed which displays the interior and exterior of the medical marijuana establishment;

(a) In the case of a medical marijuana dispensary, for each person who holds a valid registry identification card and whowhoh purchased marijuana from the dispensary in the immediately preceding 60-day period:

- 79th Session (2017) – 35 – (d) Verification of the identity of a person to whom marijuana, edible marijuana products or marijuana-infused products are sold or otherwise distributed.

- *AB422_R4* – 34 – (e) Such other information as the [Division] Department may require.req3.re.Nothing in this section prohibits more than one medical marijuana establishment from co-owning an electronic verification system in cooperation with other medical marijuana establishments, or sharing the information obtained therefrom.

3.

Nothing in this section prohibits more than one medical marijuana establishment from co-owning an electronic verification system in cooperation with other medical marijuana establishments, or sharing the information obtained therefrom.

(b) The name of each person or other medical marijuana establishment,est(c) orIn both,the tocase whichof thea establishmentmedical soldmarijuana marijuana;dispensary, the date on;

(c) In the case of a medical marijuana dispensary, the date on which it sold marijuana to a person who holds a registry identification card and, if any, the quantity of edible marijuana products or marijuana-infused products sold, measured both by weight and potency;

A medical marijuana establishment must exercise reasonable care to ensure that the personal identifying information of persons who hold registry identification cards which is contained in an - 79th Session (2017) – 36 – inventory control system is encrypted, protected and not divulged for any purpose not specifically authorized by law.

Each medical marijuana dispensary shall ensure allall[1.] (a) The weight, concentration and content of THC in all marijuana, edible marijuana products and marijuana-infused products that the following:dispensary sells is clearly and accurately stated on the product sold.

- *AB422_R4* – 35 – [1.] (a) The weight, concentration and content of THC in all marijuana, edible marijuana products and marijuana-infused products that the dispensary sells is clearly and accurately stated on the product sold.

The Department shall not adopt a regulation or in any other way require a medical marijuana dispensary to track the purchases of a person or determine whether the person hashasack exceeded the legal limits on the possession of marijuana for medical purposes, as set forth in NRS 453A.200.

A medical marijuana dispensary which is a dual licensee, as defined in NRS 453D.030, may, to the extent authorized by the regulations adopted by the Department pursuant to paragraph (k) of subsection 1 of NRS 453D.200, allow any person who is at least 21 years of age to enter the premises of the medical marijuana dispensary, regardless of whether such a person holds a valid registry identification card or letter of approval.

453A.360 Each medical marijuana dispensary and facility for the production of edible marijuana products or marijuana-infused products shall, in consultation with the [Division,] Department, - 79th Session (2017) – 37 – cooperate to ensure that all edible marijuana products and marijuana-infused products offered for sale:

2.

Are not presented in packaging that is appealing to children.

Are regulated and sold on the basis of the concentration ofofn. THC in the products and not by weight.

-THC *AB422_R4*in –the 36products –and 4.not by weight.

4.

and (e) The holder or bearer of the nonresident card agrees to abide by, and does abide by, the legal limits on the possession ofofo abide marijuana for medical purposes in this State, as set forth in NRS 453A.200.

and - 79th Session (2017) – 38 – (b) Is the functional equivalent of a registry identification card or letter of approval, as determined by the Division.] 1.

A person who is not a resident of this State, but who is authorized to engage in the medical use of marijuana under the laws of his or her state or jurisdiction of residence, is deemed to hold a valid registry identification card for the purpose of the to exemption from state prosecution described in subsection 1 of NRS 453A.200 if the person abides by the legal limits on the possession, delivery and production of marijuana for medical purposes in this State, as set forth in NRS 453A.200.

- *AB422_R4* – 37 – 2.

A patient who designates a medical marijuana dispensary as describeddes(a) inShall subsectioncommunicate 1:the designation to the Division and the Department within the time specified by the [Division.] Department.

(a) Shall communicate the designation to the Division and the Department within the time specified by the [Division.] Department.

- 79th Session (2017) – 39 – (a) Determine accurately, with respect to marijuana, edible marijuana products and marijuana-infused products that are sold or will be sold at medical marijuana dispensaries in this State:

[(b)][(c)] (2)(3) The presencecomposition andof identificationthe oftested moldsmaterial.s and fungus.

[(c)] (3) The composition of the tested material.

- *AB422_R4* – 38 – (a) Apply successfully as required pursuant to NRS 453A.322.

(c) Agree to become accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization within 1 year after certification.

Such regulationsand aremust, inwithout additionlimitation:o to any requirements set forth in statute and1. must, without limitation:

1.

- 79th Session (2017) – 40 – (d) Provisions for the security of medical marijuana establishments, including, without limitation, requirements for the protection by a fully operational security alarm system of each medical marijuana establishment.

(f) Procedures pursuant to which a medical marijuana dispensary will be notified by the [Division] Department if a patient who holds a valid registry identification card or letter of approval has chosen the dispensary as his or her designated medical marijuana dispensary, as described in NRS 453A.366.

- *AB422_R4* – 39 – 3.

and (c) Provide for the progressive discipline of attending [physicians] providers of health care who advise the medical use of marijuana at a rate at which the Department, in consultation with - 79th Session (2017) – 41 – the Division , and [Board] applicable board determine and agree to be unreasonably high.

Establish different categories of medical marijuana establishment agent registration cards, including, without limitation, criteria for training and certification, for each of the different types of medical marijuana establishments at which such an agent may bebet types employed or volunteer or provide labor as a medical marijuana establishment agent.

Determine whether any provision of NRS 453A.350 or 453A.352 would make the operation of a medical marijuana establishment or marijuana establishment, as defined in - *AB422_R4* – 40 – NRS 453D.030, by a dual licensee, as defined in NRS 453D.030, unreasonably impracticable, as defined in NRS 453D.030.

The fact that a person possesses a registry identification card or letter of approval issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250, a medical marijuana establishment registration certificate issued to the person by the [Division] Department or its designee pursuant to NRS 453A.322 or a medical marijuana establishment agent registration card issued to the person by the [Division] Department or its designee pursuant to NRS 453A.332 does not, alone:

- 79th Session (2017) – 42 – (b) Any property interest of the person from whom the marijuana, paraphernalia or other related property was seized must not be forfeited pursuant to any provision of law providing for the forfeiture of property, except as part of a sentence imposed after convictioncon(c) ofUpon:f a criminal offense.

(c) Upon:

- *AB422_R4* – 41 – 1.

[Advised] Regardless of whether the person is a resident of this State, advised a person whom the attending [physician] provider of health care has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending [physician] provider of health care knows has been so diagnosed by another [physician] provider of health care licensed [to practice medicine] or certified pursuant to the [provisions of chapter 630 of NRS or licensed to practice osteopathic medicine pursuant to the provisionspro(a) ofAbout chapterthe 633possible ofrisks NRS:]and lawbenefits of thisthe State:medical use of marijuana;

(a) About the possible risks and benefits of the medical use of marijuana;

Provided or maintained the written documentation or signature, as applicable, required pursuant to paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a registry identification card or letter of approval or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 453A.230 for the renewal of a registry identification card or letter of approval , or any - 79th Session (2017) – 43 – similar documentation required for the person to be authorized to engage in the medical use of marijuana pursuant to the laws of another state or jurisdiction, if:

(a) Such documentation is based on the attending [physician’s] provider of health care’s personal assessment of the person’s medical history and current medical condition;

andandhe person’s (b) The [physician] attending provider of health care has advised the person about the possible risks and benefits of the medical use of marijuana.

- *AB422_R4* – 42 – (c) The name or any other identifying information of:

¬ Except as otherwise provided in NRS 239.0115, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by thethet subject general public.

(Deleted by amendment.) - 79th Session (2017) – 44 – Sec.

The Administrator of the Division or his or her designee may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of this chapter [.] governing the issuance of registry identification cards and letters of approval and the regulation of the holders of suchsuchds cards and letters.

[and] - *AB422_R4* – 43 – (2) Alcohol and drug abuse programs pursuant to NRS 458.094;

and (3) Research performed by an institution of the Nevada System of Higher Education on services relating to alcohol and drug abuse;

andr Education on services relating to alcohol and (c) Does not revert to the State General Fund at the end of any fiscal year.

- 79th Session (2017) – 45 – 1.

Procedures pursuant to which the Division will issue a registry identification card or letter of approval or, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive.

and - *AB422_R4* – 44 – (b) Processing] processing and issuing a registry identification cardcar(a) orFor lettera ofregistry approval,identification whichcard [fee]or mustletter notof exceedapproval: [$75.] :

(a) For a registry identification card or letter of approval which is valid for 1 year, $50.

When conducting a background check pursuant to subsection 6 of NRS 453D.200, the Department may - 79th Session (2017) – 46 – require each prospective owner, officer and board member of a marijuana establishment license applicant to submit a complete set of fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of CriminalInvestigation History for submissionits report.submission to the Federal Bureau of2. Investigation for its report.

2.

Sec.Secs.

57.57 and 58.

58.

(Deleted by amendment.) Sec.

-2.) *AB422_R4*WKnowingly –leaving 45or –causing (b)to Wherebe anleft intoxicantany isdeadly involved,weapon, forexplosive, facsimile of a grossfirearm misdemeanor.or explosive, controlled substance or intoxicating liquor where it may be obtained by any prisoner constitutes, within the meaning of this section, the furnishing of the article to the prisoner.

2.

Knowingly leaving or causing to be left any deadly weapon, explosive, facsimile of a firearm or explosive, controlled substance or intoxicating liquor where it may be obtained by any prisoner constitutes, within the meaning of this section, the furnishing of the article to the prisoner.

Sec.- 79th Session (2017) – 47 – Secs.

59.59-65.5.

60.

(Deleted by amendment.) Sec.

61.

(Deleted by amendment.) Sec.

62.

(Deleted by amendment.) Sec.

63.

(Deleted by amendment.) Sec.

64.

(Deleted by amendment.) Sec.

65.

(Deleted by amendment.) Sec.

65.5.

(Deleted by amendment.) Sec.

Except as otherwise provided in this section, a board of county commissioners shall not fix, impose or collect a license tax for revenue or for regulation, or for both revenue and regulation,regulation,x on a marijuana establishment or medical marijuana establishment located in the county.

The total amount of a license tax imposed on a marijuana establishment or medical marijuana establishment pursuant to subsection 2, regardless of whether the license tax is imposed in - *AB422_R4* – 46 – the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the marijuana establishment or medical marijuana establishment, as applicable.

In addition to any amount of money collected as a license tax pursuant to subsection 2, a board of county commissioners maymay(a) fix,Any imposefees andrequired collect:pursuant to chapter 278 of NRS;

(a) Any fees required pursuant to chapter 278 of NRS;

- 79th Session (2017) – 48 – (1) The board of county commissioners is granted the authority to require such a license by some other provision of law;

and (2) The amount of the licensing tax does not exceed the amountsimilar imposedbusinesses.he by the board of county commissioners on other similar5. businesses.

5.

- *AB422_R4* – 47 – (f) The issuance or verification of a registry identification card, letter of approval or written documentation;

(g) The training or certification of medical marijuana establishmentortablishment agents or employees of a marijuana establishment;

or (h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of marijuana establishments or holders of a registry identification card or letter of approval.

- 79th Session (2017) – 49 – (c) “Marijuana establishment” has the meaning ascribed to it in NRS 453D.030.

(e)it “Marijuana-infusedin NRS 453A.112.nfused products” has the meaning ascribed to (f) “Medical marijuana establishment” has the meaning ascribed to it in NRS 453A.112.453A.116.

(f) “Medical marijuana establishment” has the meaning ascribed to it in NRS 453A.116.

(b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or - *AB422_R4* – 48 – for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

2.respective counties to regulate entertainers employed by ann their entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city.

The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city.

- 79th Session (2017) – 50 – 4.

(a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRSNRSr 622.060 or who is regulated pursuant to the Nevada Supreme Court Rules;

or - *AB422_R4* – 49 – (2) Another regulatory agency of the State has issued or will issue a license required for this activity;

orate has issued or will (b) Provides to the county license board the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

(a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was - 79th Session (2017) – 51 – otherwise determined to be due and owing, a notice of the tax lien containing the following:

and (3) A description of the property sufficient for identification;

and (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board;

Except as otherwise provided in NRS 239.0115 and 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate - *AB422_R4* – 50 – county fair and recreation board.

- 79th Session (2017) – 52 – 2.

Except as otherwise provided in subsection 3, the governing body of an incorporated city, whether organized under general law or special charter, may fix, impose and collect for revenues or for regulation, or both, a license tax on a marijuana establishmentits orcorporate medicallimits marijuanaas a:arijuana establishment located within its(a) corporateFlat limitsfee; as a:

(a) Flat fee;

and (c) A licensing tax for a business activity engaged in by a marijuana establishment or medical marijuana establishmentestablishmentby a located within its corporate limits for which registration pursuant to chapter 453A of NRS or licensing pursuant to chapter 453D of NRS is not required only if:

- *AB422_R4* – 51 – (1) The governing body is granted the authority to require such a license by some other provision of law;

- 79th Session (2017) – 53 – (a) The packaging, labeling, testing, dosage or potency of marijuana, edible marijuana products, marijuana products or marijuana-infused products;

(b) The kinds of edible marijuana products, marijuana products and marijuana-infused products authorized to be sold pursuant to chapters 453A and 453D of NRS and any regulations adopted pursuant to chapter 453A of NRS;

A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in whichwhi7. the person does business.

7.tAs used in this section:

As used in this section:

- *AB422_R4* – 52 – (d) “Marijuana products” has the meaning ascribed to it in NRS 453D.030.

- 79th Session (2017) – 54 – (g) “Medical marijuana establishment agent” has the meaning asc(h) “Registry identification card” has the meaning ascribed to it in NRS 453A.117.453A.140.

(h) “Registry identification card” has the meaning ascribed to it in NRS 453A.140.

(b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposespurpose(1) ofAs makinga pledge as additional security for the proceedspayment availableof any general obligation bonds issued pursuant to theNRS county:244A.597 to 244A.655, inclusive;

(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

(c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the paymenta ofpurpose anyauthorized generalby orthe speciallaws obligationsof issuedthis State.ssued by the city for a(d) purposeUse authorizedthe byproceeds of any tax imposed pursuant to this section on the lawsrevenues from the rental of thistransient State.lodging:

- *AB422_R4*79th Session (2017) – 5355 – (d)(1) UseTo pay the proceedsprincipal, ofinterest or any taxother imposedindebtedness pursuanton toany thisgeneral sectionor onspecial obligations issued by the revenuescity frompursuant to the rentallaws of transientthis lodging:State;

(1)(2) ToFor pay the principal,expense interestof operating or anymaintaining, otheror indebtednessboth, on any generalfacilit(3) orFor specialany obligationsother issuedpurpose byfor thewhich cityother pursuantmoney toof the lawscity ofmay thisbe State;used.

(2) For the expense of operating or maintaining, or both, any facilities of the city;

and (3) For any other purpose for which other money of the city may be used.

The city licensing agency shall provide upon request an application for a state business registration pursuant to chapter 76 of NRS.

No license to engage in any type of business may be grantedgrantedr 76 of unless the applicant for the license:

- *AB422_R4*79th Session (2017) – 5456 – (1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name;

or (2) Another regulatory agency of the State has issued or will issueiss(b) aProvides licenseto requiredthe forcity thislicensing activity;agency the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

or (b) Provides to the city licensing agency the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

and (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.lie8.oldThe city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board.

8.

The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board.

Except as otherwise provided in NRS 239.0115 and 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential - 79th Session (2017) – 57 – and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license - *AB422_R4* – 55 – tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreationan board.agreement with the Department of Taxation or the Secretary ofer State for the exchange of information concerning taxpayers.

Continuing disclosure may be so authorized under an agreement with the Department of Taxation or the Secretary of State for the exchange of information concerning taxpayers.

(b) Percentage of the gross revenue of the marijuana est(c) Combination of a flat fee and a percentage of gross revenue of the marijuana establishment or medical marijuana establishment;establishment.

or (c) Combination of a flat fee and a percentage of gross revenue of the marijuana establishment or medical marijuana establishment.

- 79th Session (2017) – 58 – (b) A one-time flat fee for an application for the issuance of a business license for a marijuana establishment or medical marijuana establishment located within the town in an amount that does not exceed any similar fee imposed on a business pur(c) A licensing tax for a business activity engaged in by a marijuana establishment or medical marijuana establishment located within the town for which registration pursuant to this chapter and453A of NRS or licensing pursuant to chapter 369453D of NRS;NRS is not required only if:

and - *AB422_R4* – 56 – (c) A licensing tax for a business activity engaged in by a marijuana establishment or medical marijuana establishment located within the town for which registration pursuant to chapter 453A of NRS or licensing pursuant to chapter 453D of NRS is not required only if:

(d) The tracking of marijuana from seed to sale;

or (h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of - 79th Session (2017) – 59 – marijuana establishments or holders of a registry identification card or letter of approval.

A person who obtains a business license described in this section is subject to all other licensing and permitting requirementswhich of the Stateperson anddoes anybusiness.ny other counties and cities in which7. the person does business.

7.

- *AB422_R4* – 57 – (a) “Edible marijuana products” has the meaning ascribed to it in NRS 453A.101.

Except as otherwise provided in subsection 5 and NRS 576.128, 598D.150 and 640C.100, and section 65.8 of this act, the town board or board of county commissioners may, in any unincorporated town:

- 79th Session (2017) – 60 – (3) Boardinghouses, hotels, lodging houses, restaurants and refreshment saloons.

(5)concerts5) Billiardandliaotherbleexhibitions,lldancecarhouses,cirmelodeons, tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks and theaters.

- *AB422_R4* – 58 – (7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies and water companies.

or (b)issue Anothera regulatorylicense agencyrequired offor thethis Stateactivity.te has issued or will issue3. a license required for this activity.

3.

The town board or board of county commissioners shall not require a person to obtain a license or pay a license tax on the sole - 79th Session (2017) – 61 – basis that the person is a professional.

(a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuant to the Nevada Supreme Court Rules;

andandr who is regulated pursuant to the Nevada Supreme Court (b) Practices his or her profession for any type of compensation as an employee.

- *AB422_R4* – 59 – Sec.

(b) The amount charged for property returned by customers when the entire amount charged therefor is refunded either in cash or credit, except that this exclusion does not apply in any instance when the customer, to obtain the refund, is required to purchase other property at a price greater than the amount charged for the property that is returned.

- 79th Session (2017) – 62 – (b) Sales by product type;

Each facility for the production of edible marijuana products or marijuana-infused products and each marijuana product manufacturing facility shall submit a report to the Department that includes the following information, reported separately for each calendar month included in the report:

- *AB422_R4* – 60 – (b) The amount of edible marijuana products, marijuana- infused products and marijuana products produced;

The Department shall adopt regulations prescribing the frequency of the reports required pursuant to this section which mustfrequently bethan submittedmonthly.ss not less frequently than quarterly and not more frequently5. than monthly.

5.

- 79th Session (2017) – 63 – (f) “Marijuana products” has the meaning ascribed to it in NRS 453D.030.

(h)to “Medicalit marijuanain NRS 453A.115.ana dispensary” has the meaning ascribed toSec. it in NRS 453A.115.

Sec.

372A.200 As used in NRS 372A.200 to 372A.380, inclusive, and sections 65.93 and 65.95 of this act, unless the context otherwise requires, the words and terms defined in NRS 372A.210 - *AB422_R4* – 61 – to 372A.250, inclusive, and section 65.93 of this act have the meanings ascribed to them in those sections.

The State Department of Agriculture shall, in accordance with the provisions of this chapter, establish and publish a list of pesticides allowed to be used on marijuana or medical marijuanamarijuanast of pursuant to this section and accept requests from pesticide manufacturers , marijuana establishments and medical marijuana establishments, or a representative thereof, to add pesticides to the list.

- 79th Session (2017) – 64 – (e) “Marijuana-infused products” has the meaning ascribed to it in NRS 453A.112.

Sec.affect the validity of an unexpired medical marijuana establishment registration certificate or medical marijuana establishment agent registration card that was issued by the Division of Public and Behavioral Health of the Department of Health and Human Services before July 1, 2017.

66.However, upon the expiration of such a medical marijuana establishment registration certificate or medical marijuana establishment agent registration card, a person who wishes to retain the limited exemption from state prosecution which is set forth in NRS 453A.200 must:

1.

The amendatory provisions of this act do not affect the validity of an unexpired medical marijuana establishment registration certificate or medical marijuana establishment agent registration card that was issued by the Division of Public and Behavioral Health of the Department of Health and Human Services before July 1, 2017.

However, upon the expiration of such a medical marijuana establishment registration certificate or medical marijuana establishment agent registration card, a person who - *AB422_R4* – 62 – wishes to retain the limited exemption from state prosecution which is set forth in NRS 453A.200 must:

Notwithstanding the provisions of NRS 453A.322, as amended by section 27 of this act, a person who obtains a medical marijuana establishment registration certificate for the operation of an independent testing laboratory before July 1,1,e for 2017:

and (b) Shall obtain accreditation pursuant to standard ISO/IEC 17025 of the International Organization for Standardization on or before January 1, 2019.

The Department of Taxation shall revoke the medical marijuana establishment registration certificate of an independent testing laboratory described in subsection 1 which fails to obtain the - 79th Session (2017) – 65 – accreditation described in paragraph (b) of subsection 1 on or before January 1, 2019.

The administrative regulations adopted by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to chapter 453A of NRS governing the licensing and regulation of medical marijuana establishments remain in force and are hereby transferred to become the administrative regulations of the Department of Taxation on July 1, 2017.

On and after July 1, 2017, these regulations must be interpreted in a manner so that all references to the Division of Public and Behavioral Health of the Department of Health and Human Services and its constituent parts are read and interpreted as being references to the Department of Taxation and its constituent - *AB422_R4* – 63 – parts, regardless of whether those references have been conformed pursuant to section 68 of this act at the time of interpretation.

Any action taken by the Division of Public and Behavioral Health of the Department of Health and Human Services or its constituent parts pursuant to chapter 453A of NRS governing the licensing and regulation of medical marijuana establishments before July 1, 2017, remains in effect as if taken by the Department ofofore Taxation or its constituent parts on and after July 1, 2017.

In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are - 79th Session (2017) – 66 – transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

Sections 22.3 and 24.9 of chapter 547, Statutes of Nevada 2013, at pages 3718 and 3728, respectively, are hereby repealed.repSec.

Sec.

-~~~~~ *AB422_R4*17 –- 6479th –Session TEXT(2017) OF REPEALED SECTIONS OF STATUTES OF NEVADA Section 22.3 of chapter 547, Statutes of Nevada 2013, at page 3718:

Sec.

22.3.

NRS 453A.200 is hereby amended to read as follows:

453A.200 1.

Except as otherwise provided in this section and NRS 453A.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 453A.220 or 453A.250 is exempt from state prosecution for:

(a) Possession, delivery or production of marijuana;

(b) Possession or delivery of paraphernalia;

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

delivery of paraphernalia;g another in the possession or (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 marijuana 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 medical use of marijuana in accordance with the provisions of this chapter.

3.

The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person and the designated primary caregiver, if any, of such a20 person:

(a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition;

and (b) Do not, at any one time, collectively possess, deliver or produce more than:

(1) Two and one-half ounces of usable marijuana in any one 14-day period;

- *AB422_R4* – 65 – (2) Twelve marijuana plants, irrespective of whether the marijuana plants are mature or immature;

and (3) A maximum allowable quantity of edible marijuana products and marijuana-infused products as established by regulation of the Division.

¬ The persons described in this subsection must ensure that the usable marijuana and marijuana plants described in this subsection are safeguarded in an enclosed, secure location.

4.

If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:

(a) Are not exempt from state prosecution for possession, delivery or production of marijuana.

possession, delivery or production of marijuana, or any of combination of those acts, in the manner set forth in NRS 453A.310.

5.

A person who holds a valid medical marijuana establishment registration certificate issued to the person pursuant to section 10 of this act or a valid medical marijuana establishment agent registration card issued to the person pursuant to section 13 of this act, and who confines his or her activities to those authorized by sections 10 to 20, inclusive, of this act and the regulations adopted by the Division pursuant thereto, is exempt from state prosecution for:

(a) Possession, delivery or production of marijuana;

(b) Possession or delivery of paraphernalia;

delivery or production of marijuana;in the possession, (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 marijuana or the possession or delivery of paraphernalia is an element.

6.

Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical marijuana dispensary opens in the county of residence of a person who holds a registry identification card or his or her designated primary caregiver, if any, such persons are not authorized to cultivate, grow or produce marijuana.

The provisions of this subsection do not apply if:

- *AB422_R4* – 66 – (a) [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 this chapter on or before July ;1, 2013;

(b)] 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, close or are 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;

[(c)] (b) Because 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 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.

7.

As used in this section, “marijuana” includes, without limitation, edible marijuana products and marijuana-infused products.

Section 24.9 of chapter 547, Statutes of Nevada 2013, at page 3728:

Sec.

24.9.

Section 19.5 of this act is hereby amended to read as follows:

Sec.

19.5 1.

The State of Nevada and the medical marijuana dispensaries in this State which hold valid will recognize a nonresident card only under the following circumstances:

(a) The state or jurisdiction from which the holder or bearer obtained the nonresident card grants an exemption from criminal prosecution for the medical use of marijuana;

(b) The state or jurisdiction from which the holder or bearer obtained the nonresident card requires, as a prerequisite to the issuance of such a card, that a physician advise the person that the medical use of marijuana may mitigate the symptoms or effects of the person’s medical condition;

(c) The nonresident card has an expiration date and has not yet expired;

an affidavit in a form prescribed by the Division whichgns - *AB422_R4* – 67 – sets forth that the holder or bearer is entitled to engage in the medical use of marijuana in his or her state or jurisdiction of residence;

and (e)] state or jurisdiction from which the holder or bearer obtained the nonresident card maintains a database which preserves such information as may be necessary to verify the authenticity or validity of the nonresident card;

(e) The state or jurisdiction from which the holder or bearer obtained the nonresident card allows the Division and medical marijuana dispensaries in this State to access the database described in paragraph (d);

(f) The Division determines that the database described in paragraph (d) is able to provide to medical sufficiently accurate, current and specific as to allows those dispensaries to verify that a person who holds or bears a nonresident card is entitled lawfully to do so;

and (g) The holder or bearer of the nonresident card agrees to abide by, and does abide by, the legal limits on the possession of marijuana for medical purposes in this State, as set forth in NRS 453A.200.

2.

For the purposes of the reciprocity described in this section:

(a) The amount of medical marijuana that the holder or bearer of a nonresident card is entitled to possess in his or her state or jurisdiction of residence is not relevant;

and (b) Under no circumstances, while in this State, may marijuana for medical purposes in excess of the limits set forth in NRS 453A.200.

3.

As used in this section, “nonresident card” means a card or other identification that:

(a) Is issued by a state or jurisdiction other than Nevada;

and (b) Is the functional equivalent of a registry identification card, as determined by the Division.

H - *AB422_R4*