AB 164 — Revises provisions relating to marijuana. (BDR 40-619)

A person who:

The Department shall submit the fingerprints of an applicant for registration as a medical marijuana establishment agent for submission to the FederalCentral BureauRepository offor InvestigationNevada toRecords determine the criminal history of theCriminal applicant.]History anfor owner,submission officerto orthe boardFederal memberBureau of aInvestigation medical marijuanarson who is establishment to resubmitdetermine information already furnished to the Departmentcriminal athistory theof time the establishmentapplicant.] was7. registered with the Department.

The provisions of this section do not require a person who is an owner, officer or board member of a medical marijuana establishment to resubmit information already furnished to the Department at the time the establishment was registered with the Department.

If an applicant for registration as a medical marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Department shall issue to the person and, for an independent contractor, to each person identified in the independent contractor’s application for registration as an employee who will provide labor as a medical marijuanamarijuanaegistration establishment agent, a medical marijuana establishment agent registration card.

If the Department does not act upon an application for a medical marijuana establishment agent registration card within 30 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Department acts upon the application.

A medical marijuana - *AB164_R2* – 6 – establishment agent registration card expires 1 year after the date of issuance and may be renewed upon:

A medical marijuana establishment agent registration card issued pursuant to this section to an independent contractor or an - 80th Session (2019) – 6 – employee of an independent contractor authorizes the independent contractor or employee to provide labor to any medical marijuana establishment in this State.

11.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.

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.

453A.332Sec. NR1.

Except as otherwise provided in this section, a person shall not volunteer or work at, contract to provide labor to or medicaloyemarijuanandeestablishmentacasr ta pmedicallabmarijuana establishment agent unless the person is registered with the Department pursuant to this section.

NRS 453A.332 is hereby amended to read as follows:

453A.332 1.

Except as otherwise provided in this section, a person shall not volunteer or work at, contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment as a medical marijuana establishment agent unless the person is registered with the Department pursuant to this section.

2.

(a) The name, address and date of birth of the prospective med(b) A statement signed by the prospective medical marijuana establishment agent;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;

(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;

- *AB164_R2* – 7 – (d) The application fee, as set forth in NRS 453A.344;

- 80th Session (2019) – 7 – 3.

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

(d) A statement signed by the prospective medical marijuana establishment agent asserting that it has not previously had a medical marijuana establishment agent registration card or marijuana establishment agent registration card, as defined in NRS 453D.030, revoked and that none of its employees who willnwill provide labor as a medical marijuana establishment agent have previously had a medical marijuana establishment agent registration card or marijuana establishment agent registration card, as defined in NRS 453D.030, revoked;

(e)(f) TheSuch applicationother fee,information as setthe forthDepartment inmay NRSrequire 453A.344;by regulation.

and (f) Such other information as the Department may require by regulation.

(a) Conduct or accept any background check the Department determines to be reliable and expedient to determine the criminal - *AB164_R2* – 8 – history of the prospective medical marijuana establishment agent or the employee;

- 80th Session (2019) – 8 – (b) Require a prospective medical marijuana establishment agent, if a natural person, and each employee of a prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent to submit to the Department a complete set of fingerprints and written permission authorizing the 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;

and (c) If the Department imposes the requirement described in paragraph (b), submit the fingerprints of the prospective medical marijuana establishment agent and each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

(b)(a) IsHas lessbeen thanconvicted 21 years of age,udedan excluded felony offense;

or (b) Is less than 21 years of age,  shall not serve as a medical marijuana establishment agent.

an7. owner, officer or board member of a medical marijuanarson who is establishment to resubmit information already furnished to the Department at the time the establishment was registered with the Department.

8.The provisions of this section do not require a person who is an owner, officer or board member of a medical marijuana establishment to resubmit information already furnished to the Department at the time the establishment was registered with the Department.

If an applicant for registration as a medical marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Department shall issue to the person and, for an independent contractor, to each person identified in the independent contractor’s application for registration as an employee who will provide labor as a medical marijuana establishment agent, a medical marijuana establishment agent registration card.

If the Department does not act upon an application for a medical marijuana establishment agent registration card within 30 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Department acts upon the application.

A medical marijuana - *AB164_R2*80th Session (2019) – 9 – establishment agent registration card expires 1 year after the date of issuance and may be renewed upon:

10.issued pursuant to this section to a person who wishes to volunteer or work at a medical marijuana establishment authorizes the person to volunteer or work at any medical marijuana establishment in this State for which the category of the medical marijuana establishment agent registration card authorizes the person to volunteer or work.

A medical marijuana establishment agent registration card issued pursuant to this section to a person who wishes to volunteer or work at a medical marijuana establishment authorizes the person to volunteer or work at any medical marijuana establishment in this State for which the category of the medical marijuana establishment agent registration card authorizes the person to volunteer or work.

453A.342Sec. The following acts constitute grounds for thellows:

immediate revocation of the medical marijuana establishment agent reg1.traHaving committed or committing any excluded felonynt:

offense.

2.

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.

NRS 453A.342 is hereby amended to read as follows:

453A.342 The following acts constitute grounds for the immediate revocation of the medical marijuana establishment agent registration card of a medical marijuana establishment agent:

1.

Having committed or committing any excluded felony offense.

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

3.

- 80th Session (2019) – 10 – 6.

Intentionally submitting to the Department or a local government any document required under the provisions of this - *AB164_R2* – 10 – chapter which is false or contains any material misstatement of fact.

Each medical marijuana dispensary and facility for the production of edible marijuana products or marijuana- infused products shall, in consultation with the Department,Department,- cooperate to ensure that all edible marijuana products and marijuana-infused products offered for sale:

tracking(d) by way of an inventory control system.r as to allow (e) Are not packaged and labeled in such a manner whichas isto modeledallow children.randtracking of products primarily consumed by orway marketed to (f) Are labeled in a manner which indicates the amount of THC in the product, measured in milligrams, and includes a statement that the product contains marijuana and its potency was tested with an allowableinventory variancecontrol ofsystem. the amount determined by the Department by regulation.

(e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to chi(f) Are labeled in a manner which indicates the amount of THC in the product, measured in milligrams, and includes a statement that the product contains marijuana and its potency was tested with an allowable variance of the amount determined by the Department by regulation.

- 80th Session (2019) – 11 – (c) Is modeled after a brand of products primarily consumed by or marketed to children.

- *AB164_R2* – 11 – (d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola.

(b) Affix a label to each edible marijuana product which includes without limitation, in a manner which must not mislead consumers, the following information:

(e) Package all edible marijuana products or marijuana-infused marijuana products orproduced marijuana-infusedby products on the premises of the facility for the production of edible marijuana products or mar4.uanAmarijuana-infused medicalproducts marijuanaon dispensarythe orpremises of the facility for the production of edible marijuana products or marijuana-infused productsproducts. shall not engage in advertising that in any way makes marijuana, edible marijuana products or marijuana-infused products appeal to children, including without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.

production of edible marijuana products or marijuana-infused products shall not engage in advertising that in any way makes marijuana, edible marijuana products or marijuana-infused products appeal to children, including without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.

- 80th Session (2019) – 12 – (a) Include a written notification with each sale of marijuana, edible marijuana products or marijuana-infused products which advises the purchaser:

- *AB164_R2* – 12 – (2) That edible marijuana products can cause severe illness in children;

(3) That allowing children to ingest marijuana or edible marijuana products or storing marijuana or edible marijuana products in a location which is accessible to children may result in an investigation by an agency which provides child welfare servicesservicesn or criminal prosecution for child abuse or neglect;

and (8) That ingestion of any amount of marijuana or edible prosecutionmarijuana forproducts before driving undermay theresult influence.in criminal pro(b) Enclose all marijuana, edible marijuana products and marijuana-infused products in opaque, child-resistant packaging upon sale.

in criminal (b) Enclose all marijuana, edible marijuana products and upon sale.infused products in opaque, child-resistant packaging 7.

If the health authority, as defined in NRS 446.050, where a facility for the production of edible marijuana products or marijuana-infused products or medical marijuana dispensary which sells edible marijuana products is located requires persons who handle food at a food establishment to obtain certification, the facility for the production of edible marijuana products or - 80th Session (2019) – 13 – marijuana-infused products or medical marijuana dispensary shall ensure that at least one employee maintains such certification.

- *AB164_R2* – 13 – (2) Promotes overconsumption of marijuana, edible marijuana products or marijuana-infused products;

(3) Depicts the actual consumption of marijuana, edible mariju(4) Depicts a child or other person who is less than 21 years of age consuming marijuana, edible marijuana products or marijuana-infused products;products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of marijuana, edible marijuana products or marijuana-infused products by a person who is less than 21 years of age.

or (4) Depicts a child or other person who is less than 21 years of age consuming marijuana, edible marijuana products or marijuana-infused products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of marijuana, edible marijuana products or marijuana-infused products by a person who is less than 21 years of age.

or (4) At an entertainment event if it is reasonably estimated that 30 percent or more of the persons who will attend thatimatedthat entertainment event are less than 21 years of age.

and - 80th Session (2019) – 14 – (2) “For use only by adults 21 years of age and older.” 10.

If a medical marijuana establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the medical marijuana establishment shall maintain documentation for not less than 5 years after the date on which the advertisement is first broadcasted, published or otherwise displayed that - *AB164_R2* – 14 – demonstrates the manner in which the medical marijuana establishmentaudience determinedfor thethat reasonablyadvertisement.sonably expected age of the audience11. for that advertisement.

11.

The Department shall not require a medical marijuana establishment to obtain the approval of the Department before usingusi13. a logo, sign or advertisement.

13.In addition to any other penalties provided for by law, the Department may impose a civil penalty upon a medical marijuana establishment that violates the provisions of subsection 9 or 10 as follows:

In(a) additionFor tothe anyfirst otherviolation penaltiesin provided for by law, the establishmentimmediately thatpreceding violates2 theyears, provisionsa ofcivil subsectionpenalty 9not orto 10exceed as$1,250. follows:

(b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $1,250.$2,500.

immediately preceding 2 years, (b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $2,500.

- 80th Session (2019) – 15 – 14.

Except as otherwise provided in this section, a person shall not volunteer or work at, contract to provide labor to or be employed by an independent contractor to provide labor to a marijuana establishment as a marijuana establishment agent - *AB164_R2* – 15 – unless the person is registered with the Department pursuant to this section.

3.employed by an independent contractor to provide labor to aor be marijuana establishment shall submit to the Department an application on a form prescribed by the Department for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a marijuana establishment agent.

A person who wishes to contract to provide labor to or be employed by an independent contractor to provide labor to a marijuana establishment shall submit to the Department an application on a form prescribed by the Department for the the independent contractor who will provide labor as a marijuana establishment agent.

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

- 80th Session (2019) – 16 – (c) A statement signed by the prospective marijuana establishment agent pledging not to dispense or otherwise divert marijuana to, or allow any of its employees to dispense or otherwise divert marijuana to, any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;

(d) A statement signed by the prospective marijuana establishment agent asserting that it has not previously had a marijuana establishment agent registration card or medical marijuana agent registration card revoked and none of its employees who will provide labor as a marijuana establishment agent have previously had a medical marijuana establishment - *AB164_R2* – 16 – agent registration card or marijuana establishment registration card revoked;

(a) Conduct or accept any background check the Department determines to be reliable and expedient to determine the criminal historyemployee;f of the prospective marijuana establishment agent or the employee;(b) Require a prospective marijuana establishment agent, if a natural person, and each employee of a prospective marijuana establishment agent who will provide labor as a marijuana establishment agent to submit to the Department a complete set of fingerprints and written permission authorizing the 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;

(b) Require a prospective marijuana establishment agent, if a natural person, and each employee of a prospective marijuana establishment agent who will provide labor as a marijuana establishment agent to submit to the Department a complete set of forward the fingerprints to the Central Repository for Nevadat to Records of Criminal History for submission to the Federal Bureau of (c) If the Department imposes the requirement described in paragraph (b), submit the fingerprints of the prospective marijuana establishment agent and each employee of the prospective marijuana establishment agent who will provide labor - 80th Session (2019) – 17 – as a marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

or (b) Is less than 21 years of age,  shall not serve as a marijuana establishment agent.

The provisions of this section do not require a person who is an owner, officer or board member of a marijuana establishment to resubmit information already furnished to the - *AB164_R2* – 17 – Department at the time the establishment was registered with the Department.

A marijuana establishment agent registrationbe cardrenewed upon:d expires 1 year after the date of issuance and may be(a) renewedResubmission upon:of the information set forth in this section;

(a) Resubmission of the information set forth in this section;

A marijuana establishment agent registration card issued pursuant to this section to an independent contractor or an employee of an independent contractor authorizes the independent establishmentcontractor inor thisemployee State.ovideto provide labor to any marijuana 10.establishment in this State.

A10. marijuana establishment agent registration card issued work at a marijuana establishment authorizes the person toer or volunteer or work at any marijuana establishment in this State for which the category of the marijuana establishment agent registration card authorizes the person to volunteer or work.

A marijuana establishment agent registration card issued pursuant to this section to a person who wishes to volunteer or work at a marijuana establishment authorizes the person to volunteer or work at any marijuana establishment in this State for - 80th Session (2019) – 18 – which the category of the marijuana establishment agent registration card authorizes the person to volunteer or work.

A temporary registration as a marijuana establishment agent expires 30 days afteraftSec. the date upon which the application is received.

Sec.

- *AB164_R2* – 18 – (b) Submit to the Department the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

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.

If an applicant 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 owedicowed pursuant to the order, the Department shall advise the applicant to contact the district attorney or other public agency enforcing the - 80th Session (2019) – 19 – order to determine the actions that the applicant may take togto the satisfy the arrearage.

If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a marijuana establishment agent registration card, the Department shall deem the card 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 Department receives a letter issued to the holder of the card by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the card has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

The Department shall reinstate a marijuana establishment agent registration card that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to - *AB164_R2* – 19 – NRS 425.550 to the person whose card was suspended stating that the person whose card was suspended 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 who is not authorized by law to possess marijuana in accordanceacc3.daHaving withbeen theelectronically provisionsrecorded ofby thisa chapter.video monitoring system stealing marijuana or marijuana products.

3.

Having been electronically recorded by a video monitoring system stealing marijuana or marijuana products.

which- is80th statedSession to(2019) be– grounds20 for– immediate7. revocation of ation of marijuana establishment agent registration card.

453D.030Violating NRSAsa usedregulation inof thisthe chapter,Department, unless the contextviolation otherwiseof requires:which is stated to be grounds for immediate revocation of a marijuana establishment agent registration card.

Sec.

10.

NRS 453D.030 is hereby amended to read as follows:

453D.030 As used in this chapter, unless the context otherwise requires:

“Community facility” means a facility licensed to provide day care to children, a public park, a public playground, a public swimming pool, a center or facility the primary purpose of which is to provide recreational opportunities or services to children or adolescents, or a church, synagogue, or other building, structure, or place used for religious worship or other religious purpose.

“Consumer” means a person who is 21 years of age or older who purchases marijuana or marijuana products for use by persons 21 years of age or older, but not for resale to others.

- *AB164_R2* – 20 – 6.

(a) A criminal offense for which the sentence, including any term of probation, incarceration, or supervised release, was completedcom(b) moreAn offense involving conduct that would be immune from arrest, prosecution, or penalty pursuant to chapter 453A of NRS, except that the conduct occurred before the effective date of chapter 453A of NRS (October 1, 2001), or was prosecuted by an authority other than 10the yearsState ago;of Nevada.

or (b) An offense involving conduct that would be immune from arrest, prosecution, or penalty pursuant to chapter 453A of NRS, except that the conduct occurred before the effective date of chapter 453A of NRS (October 1, 2001), or was prosecuted by an authority other than the State of Nevada.

- 80th Session (2019) – 21 – (a) The mature stems of the plant, fiber produced from the stems, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stems (except the resin extracted therefrom), fiber, oil, or cake, the sterilized seed of the plant which is incapable ofer,of oil, or germination;

or (b) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

9.cultivate, process, and package marijuana, to have marijuana tested by a marijuana testing facility, and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

“Marijuana cultivation facility” means an entity licensed to cultivate, process, and package marijuana, to have marijuana tested by a marijuana testing facility, and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.

“Marijuana establishment agent” means an owner, officer, board member, employee or volunteer of a marijuana establishment, an independent contractor who provides labor relating to the cultivation, processing or distribution of marijuana - *AB164_R2* – 21 – or the production of marijuana or marijuana products for a marijuana establishment or an employee of such an independent contractor.

“Marijuana establishment agent registration card” means a registration card that is issued by the Department pursuant to section 6 of this act to authorize a person to volunteer or work at a marijuana establishment.

“Marijuana paraphernalia” means any equipment, products, and materials of any kind which are used, intended for - 80th Session (2019) – 22 – use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repacking, storing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.

to[15.] test17. marijuana and marijuana products, including for potency and contaminants.

separate“Marijuana partstesting offacility” themeans marijuanaan plantentity bylicensed manualto ortest mechanicalmarijuana means,and suchmarijuana asproducts, sievingincluding orfor icepotency waterand separation,contaminants. but not by chemical extraction or chemical synthesis.

[16.] 18.

“Process” means to harvest, dry, cure, trim, and means, such as sieving or ice water separation, but not by chemical extraction or chemical synthesis.

- *AB164_R2* – 22 – Sec.

Not later than January 1, 2018, the Department shall adopt all regulations necessary or convenient to carry out the provisionsoperation of thismarijuana chapter.establishments, either expressly or through regulations that make their operation unreasonably impracticable.

The regulations must not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable.

- 80th Session (2019) – 23 – (f) Requirements for the testing and labeling of marijuana and marijuana products sold by marijuana establishments including a numerical indication of potency based on the ratio of THC to the weight of a product intended for oral consumption;

(h) Reasonable restrictions on signage, marketing, display, and advertising [;] , except that such restrictions must not require a marijuana establishment to obtain the approval of the Department abef(i) beforeProcedures usingfor athe logo,collection signof ortaxes, advertisement;fees, and penalties imposed by this chapter;

imposed by this chapter;e collection of taxes, fees, and penalties (j) Procedures and requirements to enable the transfer of a license for a marijuana establishment to another qualified person and to enable a licensee to move the location of its establishment to another suitable location;

The Department may by motion or on complaint, after investigation, notice of the specific violation, and an opportunity for a hearing, pursuant to the provisions of chapter 233B of - *AB164_R2* – 23 – NRS, suspend, revoke, or fine a licensee for the violation of this chapter or for a violation of a regulation adopted by the Department pursuant to this section.

(a) The Department shall not require a consumer to provide a retail marijuana store with identifying information other than - 80th Session (2019) – 24 – government-issued identification to determine the consumer’s age;

453D.310Sec. NRS1.

Each12. retail marijuana store and marijuanaws:

productNRS manufacturing453D.310 facilityis shall,hereby inamended consultation with the Department, cooperate to ensureread thatas allfollows: marijuana products offered for sale:

453D.310 1.

Each retail marijuana store and marijuana product manufacturing facility shall, in consultation with the Department, cooperate to ensure that all marijuana products offered for sale:

(d) Are packaged and labeled in such a manner as to allow trackingtra(e) byAre waynot packaged and labeled in a manner which is modeled after a brand of anproducts inventoryprimarily controlconsumed system.by or marketed to children.

- *AB164_R2* – 24 – (e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.

- 80th Session (2019) – 25 – (a) For a marijuana product sold as a capsule, more than 100 milligrams of THC per capsule or more than 800 milligrams of THC per package.

(c) For a marijuana product sold as a food product, more than 100 milligrams of THC.

(d) For a marijuana product sold as a topical product, a concentration of more than 6 percent THC or more than 800 mil(e) For a marijuana 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.

(e)(f) For aany other marijuana productproduct, sold as a suppository or transdermal transdermal patch or more than 800 milligrams of THCTHC. per package.

(f)3. For any other marijuana product, more than 800 milligrams of 3.C.

(b) Affix a label to each marijuana product intended for human consumption by oral ingestion which includes, without limitation, in a manner which must not mislead consumers, the following information:

- *AB164_R2* – 25 – (1) The words “Keep out of reach of children”;

- 80th Session (2019) – 26 – (d) Require each person who handles marijuana products intended for human consumption by oral ingestion to wear a hair net and clean clothing and keep his or her fingernails neatly trimmed.

A retail marijuana store or marijuana product manufacturing facility shall not engage in advertising that in any way makes marijuana or marijuana products appeal to children, including, without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.

cartoon 6.

Each retail marijuana store shall offer for sale containers for the storage of marijuana and marijuana products which lock and are designed to prohibit children from unlocking and opening the con7.ineAcontainer. retail marijuana store shall:

(a)7. Include a written notification with each sale of marijuana or mariju(1) To keep marijuana and marijuana products out of the reach of children;

A retail marijuana store shall:

(a) Include a written notification with each sale of marijuana or marijuana products which advises the purchaser:

(1) To keep marijuana and marijuana products out of the reach of children;

(4) That the intoxicating effects of marijuana products may be delayed by 2 hours or more and users of marijuana products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of thethet at product;

(6) That ingesting marijuana or marijuana products with alcohol or other drugs, including prescription medication, may result - *AB164_R2* – 26 – in unpredictable levels of impairment and that a person should consult with a physician before doing so;

and - 80th Session (2019) – 27 – (8) That ingestion of any amount of marijuana or marijuana products before driving may result in criminal prosecution for driving under the influence.

If the health authority, as defined in NRS 446.050, where a marijuana product manufacturing facility or retail marijuana store which sells marijuana products intended for human consumption by oral ingestion is located requires persons who handle food at a food establishment to obtain certification, the marijuana product manufacturing facility or retail marijuana store shall ensure that at least one employee maintains such certification.

(2) Promotes overconsumption of marijuana or marijuana produc(3) Depicts the actual consumption of marijuana or marijuana products;

or(3) ofDepicts age consuming marijuana or marijuana products or objects21 years suggesting the presenceactual of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of marijuana or marijuana productsproducts; by a person who is less than 21 years of age.

(b)or Shall(4) notDepicts advertisea inchild anyor publicationother orperson onwho radio,is televisionless orthan any21 otheryears mediumof ifage 30consuming percentmarijuana or moremarijuana ofproducts or objects suggesting the audiencepresence of thata mediumchild, including, without limitation, toys, characters or cartoons, or contains any other depiction which is reasonablydesigned expectedin any manner to be personsappealing to or encourage consumption of marijuana or marijuana products by a person who areis less than 21 years of age.

(b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that years of age.sonably expected to be persons who are less than 21 (c) Shall not place an advertisement:

[or] - *AB164_R2* – 27 – (3) At a sports [or entertainment] event to which persons who are less than 21 years of age are allowed entry [.] ;

or - 80th Session (2019) – 28 – (4) At an entertainment event if it is reasonably estimated that 30 percent or more of the persons who will attend that entertainment event are less than 21 years of age.

(1)(2) “Keep“For outuse ofonly reachby adults 21 years of children”;age and older.” 10.

and (2) “For use only by adults 21 years of age and older.” 10.

Nothing in subsection 9 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to marijuana which is more restrictive than the provisions of sub(a)subsection The9 number,relating locationto: and size of signs, including, without limitation, any signs carried or displayed by a natural person;

(b)(a) Handbills,The pamphlets,number, cardslocation orand othersize types of advertisementssigns, thatincluding, arewithout distributed,limitation, excludingany ansigns advertisementcarried placed in a newspaper of general circulation, trade publication or otherdisplayed formby ofa printnatural media;person;

[and](b) (c)Handbills, Anypamphlets, stationarycards or movingother displaytypes thatof isadvertisements locatedthat onare ordistributed, nearexcluding thean premisesadvertisement ofplaced in a marijuanaprint establishmentmedia; [.] ;

[and]al circulation, trade publication or other form of (c) Any stationary or moving display that is located on or near the premises of a marijuana establishment [.] ;

- *AB164_R2*80th Session (2019) – 2829 – (b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $2,500.

Sec.follows:12.3.

12.3.NRS 244.35253 is hereby amended to read as 244.35253 1.

NRS 244.35253 is hereby amended to read as follows:

244.35253 1.

(b) Percentage of the gross revenue of the marijuana establishment or medical marijuana establishment;

oranaor (c) Combination of a flat fee and a percentage of gross revenue of 3.the marijuana establishment or medical marijuana establishment.

The3. total amount of a license tax imposed on a marijuanaent.

establishmentThe ortotal medicalamount marijuanaof establishmenta pursuantlicense totax subsectionimposed 2,on regardlessa ofmarijuana whetherestablishment theor licensemedical taxmarijuana isestablishment imposedpursuant into 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.

and - 80th Session (2019) – 30 – (c) A licensing tax for a business activity engaged in by a marijuana establishment or medical marijuana establishment located - *AB164_R2* – 29 – in the county outside of the limits of incorporated cities and towns for which registration pursuant to chapter 453A of NRS or licensing pursuant to chapter 453D of NRS is not required only if:

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.

(e) The transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products other than the direct transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products to a consumer and a requirement to notify the county of any transportation of marijuana-infusedmarijuana, products;edible marijuana products, marijuana products or mar(f) The issuance or verification of a registry identification card, letter of approval or written documentation;

products, marijuana products or (f) The issuance or verification of a registry identification card, letter of approval or written documentation;

- 80th Session (2019) – 31 – 6.

- *AB164_R2* – 30 – 7.

(c)NRS “Marijuana453D.030.uana establishment” has the meaning ascribed to it in (d) “Marijuana products” has the meaning ascribed to it in NRS 453D.030.

(d) “Marijuana products” has the meaning ascribed to it in NRS 453D.030.

Except as otherwise provided in this section, the governing body of an incorporated city, whether organized under revenues or for regulation, or both, a license tax on a marijuanafor establishment or medical marijuana establishment located within its cor2.raExcept as otherwise provided in subsection 3, the governing body of an incorporated city, whether organized under general law or special charter, mayshall not fix, impose andor collect for revenues or for regulation, or both, a license tax on a marijuana establishmentcorporate orlimits.medical medical marijuana establishment located within its corporate2. limits as a:

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 establishment or medical marijuana establishment located within its corporate limits as a:

- 80th Session (2019) – 32 – 3.

- *AB164_R2* – 31 – 4.

In addition to any amount of money collected as a license tax pursuant to subsection 2, the governing body of an incorporated city, whether organized under general law or special charter, may fix,fix(a) imposeAny andfees collect:required pursuant to chapter 278 of NRS;

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

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

(e) The transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products other than the direct transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products to a consumer and a requirement to notify the city of any transportation of - 80th Session (2019) – 33 – marijuana, edible marijuana products, marijuana products or marijuana-infused products;

[or] - *AB164_R2* – 32 – (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 [.] ;

or holders of a registry identification card or letter of (i) The content of any advertisement used by a marijuana establishment or medical marijuana establishment unless the ordinance sets forth specific prohibited content for such an advertisement.

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

to it in NRS 453A.116.ana establishment” has the meaning ascribed (g) “Medical marijuana establishment agent” has the meaning asc(h) “Registry identification card” has the meaning ascribed to it in NRS 453A.140.453A.117.

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

- 80th Session (2019) – 34 – Sec.

- *AB164_R2* – 33 – (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child;

or children,e(b) Are in arrears in the payment for the support of one or more children,  are repealed by the Congress of the United States.

H~~~~~ 19 - *AB164_R2*80th Session (2019)