Nevada 2019 Regular Session Status: Enacted 1 D cosponsors

SB 209 — Revises provisions relating to hemp. (BDR 49-584)

Last action — Approved by the Governor. Chapter 374.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2019. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    7 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

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Summary

AN ACT relating to hemp; replacing the term “industrial hemp” with the term “hemp” and revising the definition thereof; requiring the Department of Health and Human Services to adopt regulations requiring the testing and labeling of certain commodities and products made using hemp and certain similar products which are intended for human consumption; prohibiting a person from selling or offering to sell such commodities or products unless the commodities or products satisfy certain standards relating to testing and labeling; authorizing the retesting of a crop of hemp that has failed certain tests prescribed by the State Department of Agriculture; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

473 added · 505 removed

Plain-language change summary

The amendments to Senate Bill No. 209 include new requirements for the Department of Health and Human Services to establish regulations for testing and labeling hemp products intended for human consumption. It also prohibits the sale of these products unless they meet specific safety standards. Additionally, the bill allows for the retesting of hemp crops that did not pass previous tests. These changes are important for ensuring the safety and quality of hemp products in the market, protecting consumers from potentially harmful substances.

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EXEMPT (Reprinted with amendments adopted on June 1, 2019) THIRD REPRINT S.B.
Senate Bill No.
209 SENATE BILL NO .
209–Senators D.
209–SENATORS D.
Harris, Ratti, Parks, Brooks, Cannizzaro;
HARRIS , ATTI , ARKS , B ROOKS , CANNIZZARO ;
Dondero Loop and Spearman CHAPTER..........
DONDERO L OOP AND S PEARMAN FEBRUARY 18, 2019 ____________ Referred to Committee on Natural Resources SUMMARY—Revises provisions relating to hemp.
(BDR 49-584) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegiExisting law authorizes the growing and cultivation of industrial hemp for purposes relating to research and the growing and handling of industrial hemp and the production of agricultural hemp seed by persons registered with the State Department of Agriculture.
Existing law authorizes the growing and cultivation of industrial hemp for purposes relating to research and the growing and handling of industrial hemp and Department of Agriculture.
(Chapter 557 of NRS) On December 20, 2018, the President of the United States signed the Agricultural Improvement Act of 2018 into law.
(Chapter 557 of NRS) On December 20, 2018, thetate President of the United States signed the Agricultural Improvement Act of 2018 into law.
Section 10113 of the Act authorizes the production of hemp under the submits a plan to the United States Secretary of Agriculture that satisfies certainent requirements.
Section 10113 of the Act authorizes the production of hemp under the primary jurisdiction of a state or tribal government if the state or tribal government submits a plan to the United States Secretary of Agriculture that satisfies certain requirements.
(Public Law 115-334) Because federal law now refers to plants of the genus Cannabis sativa L.
(Public Law 115-334) Because federal law now refers to plants of the “hemp” rather than “industrial hemp,” sections 5-8 and 10-17 of this bill revises various sections of state law to use the term “hemp” for this plant and its derivatives.
with a THC concentration of not more than 0.3 percent as “hemp” rather than “industrial hemp,” sections 5-8 and 10-17 of this bill revise various sections of state law to use the term “hemp” for this plant and its derivatives.
- *SB209_R3* – 2 – Existing law authorizes the State Department of Agriculture to adopt certain regulations relating to the testing of crops of industrial hemp and commodities and products made using industrial hemp by an independent testing laboratory.
Existing law authorizes the State Department of Agriculture to adopt certain products made using industrial hemp by an independent testing laboratory.
(NRS 557.270) Sections 12 and 13.5 of this bill divide the responsibility for the adoption using hemp between the State Department of Agriculture and the Department ofmade Health and Human Services.
(NRSs and 557.270) Sections 12 and 13.5 of this bill divide the responsibility for the adoption of regulations relating to the testing of hemp and commodities and products made using hemp between the State Department of Agriculture and the Department of Health and Human Services.
Section 13.5 of this bill authorizes the Department of Health and Human Services to adopt regulations relating to the testing and labeling of commodities and products containing hemp and certain other products containing cannabidiol that are intended for human consumption.
Section 13.5 of this bill authorizes the Department of Health and Human Services to adopt regulations relating to the testing and labeling of commodities and products containing hemp and certain other products bill requires a grower or producer to submit, before harvesting, a sample of eachs crop of hemp to the State Department of Agriculture or an independent testing laboratory to determine the THC concentration of the crop.
Section 12 of this bill requires a grower or producer to submit, before harvesting, a sample of each laboratory to determine the THC concentration of the crop.
Existing law prohibits a handler of industrial hemp from selling a commodity or product made using industrial hemp which is intended for human consumption unless the product has been tested in accordance with protocols and procedures established by the State Department of Agriculture.
Existing law prohibits a handler of industrial hemp from selling a commodity or product made using industrial hemp which is intended for human consumption established by the State Department of Agriculture.
(NRS 557.270) Section 13.5 unless the commodities or products satisfy the testing and labeling requirements set forth by the Department of Health and Human Services.
(NRS 557.270) Section 13.5 - 80th Session (2019) – 2 – prohibits a person from selling or offering to sell such commodities or products forth by the Department of Health and Human Services.g and labeling requirements set Existing law authorizes the State Department of Agriculture to adopt certain regulations relating to the testing of crops of industrial hemp and commodities and products made using industrial hemp by an independent testing laboratory.
Existing law authorizes the State Department of Agriculture to adopt certain regulations relating to the testing of crops of industrial hemp and commodities and products made using industrial hemp by an independent testing laboratory.
(NRS prescribed by the State Department of Agriculture is authorized to submit that crop for retesting.
(NRS 557.270) Section 12 provides that a grower or producer whose crop has failed a test for retesting.the State Department of Agriculture is authorized to submit that crop THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
Section 1.
matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-4.
2.
(Deleted by amendment.) Sec.
3.
(Deleted by amendment.) Sec.
4.
(Deleted by amendment.) Sec.
557.150 “Handler” means a person who is registered by the Department pursuant to NRS 557.100 to 557.290, inclusive, and receives [industrial] hemp for processing into commodities, products or agricultural hemp seed.
557.150 “Handler” means a person who is registered by the receives [industrial] hemp for processing into commodities,nd products or agricultural hemp seed.
- *SB209_R3* – 3 – (a) Any] any plant of the genus Cannabis sativa L.
(a) Any] any plant of the genus Cannabis sativa L.
2.
- 80th Session (2019) – 3 – 2.
557.200 1.
hemp or produce agricultural hemp seed unless the person isrial] registered with the Department as a grower, handler or producer, as applicable.
A person shall not grow or handle [industrial] hemp or produce agricultural hemp seed unless the person is registered with the Department as a grower, handler or producer, as applicable.
(b) The name and address of the applicant’s business in which [industrial] hemp or agricultural hemp seed will be grown, handled or produced, if different than that of the applicant;
[industrial] hemp or agricultural hemp seed will be grown, handled or produced, if different than that of the applicant;
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and - *SB209_R3* – 4 – (c) Such other information as the Department may require by regulation.
and (c) Such other information as the Department may require by regulation.
The Department shall establish by regulation fees for the issuance and renewal of registration as a grower, handler or producer in an amount necessary to cover the costs of carrying out NRS 557.100 to 557.290, inclusive.
The Department shall establish by regulation fees for the issuance and renewal of registration as a grower, handler or - 80th Session (2019) – 4 – producer in an amount necessary to cover the costs of carrying out NRS 557.100 to 557.290, inclusive.
Each grower shall provide the Department with a description of the property on which the crop of the grower is or will be located.
Each grower shall provide the Department with a be located.
Such a description must be in a manner prescribed by the Department and include, without limitation, global positioning system coordinates.
Such a description must be in a manner prescribed by thell Department and include, without limitation, global positioning system coordinates.
[A handler may not sell a commodity or product made using industrial hemp which is intended for human consumption unless the commodity or product has been submitted to an independent testing laboratory for testing and the independent testing laboratory has confirmed that the commodity or product satisfies the standards established by the Department for the content and quality of industrial hemp.
[A handler may not sell a commodity or product made using industrial hemp which is intended for human consumption unless the commodity or product has been submitted to an independent testing laboratory for testing and the independent testing laboratory has confirmed that the commodity or product satisfies the standards established by the Department for the content and quality of ind3.
3.
The Department shall adopt regulations establishing protocols and procedures for the testing of commodities and products made using industrial hemp, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing.
The Department shall adopt regulations establishing protocols and procedures for the testing of commodities and products made using industrial hemp, including, without limitation, - *SB209_R3* – 5 – determining appropriate standards for sampling and for the size of batches for testing.
(a) Protocols and procedures for the testing of a crop, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing;
- 80th Session (2019) – 5 – (a) Protocols and procedures for the testing of a crop, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing;
and (b) A requirement that an independent testing laboratory provide the results of the testing directly to the Department in a manner prescribed by the Department.
and (b) A requirement that an independent testing laboratory provide prescribed by the Department.rectly to the Department in a manner [5.] 3.
[5.] 3.
Sec.
thereto a new section to read as follows:eby amended by adding 1.
13.5.
Unless federal law or regulation otherwise requires, a person shall not sell or offer to sell any commodity or product containing hemp which is intended for human consumption or any other commodity or product that purports to contain cannabidiol with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp unless such a commodity or product:
Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
Unless federal law or regulation otherwise requires, a person shall not sell or offer to sell any commodity or product containing hemp which is intended for human consumption or any other commodity or product that purports to contain - *SB209_R3* – 6 – cannabidiol with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp unless such a commodity or product:
A person who produces or offers for sale a commodity or product described in subsection 1 may submit such a commodity or product to an independent testing laboratory for testing pursuant to this section and an independent testing laboratory may perform such testing.
A person who produces or offers for sale a commodity or product described in subsection 1 may submit such a commodity - 80th Session (2019) – 6 – or product to an independent testing laboratory for testing pursuant to this section and an independent testing laboratory may perform such testing.
The Department shall adopt regulations requiring the testing and labeling of any commodity or product described in subsection 1.
The Department shall adopt regulations requiring the subsection 1.
Such regulations must:
Such regulations must:y or product described in (a) Set forth protocols and procedures for the testing of the commodities and products described in subsection 1;
(a) Set forth protocols and procedures for the testing of the commodities and products described in subsection 1;
and (b) Require that any commodity or product described in subsection 1 is labeled in a manner that is not false or misleading in accordance with the applicable provisions of chapters 446 and of NRS.
and (b) Require that any commodity or product described in subsection 1 is labeled in a manner that is not false or misleading in accordance with the applicable provisions of chapters 446 and 585 of NRS.
and (d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
and (d) Every compound, manufacture, salt, derivative, mixture or pre2.ra“Marijuana” does not include:or resin.
2.
“Marijuana” does not include:
or (b) The mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other - *SB209_R3* – 7 – compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
or (b) 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, or the sterilized seed of the plant which is incapable of germination.
Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of marijuana or concentrated cannabis shall be punished, if the quantity involved:
Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly - 80th Session (2019) – 7 – or intentionally in actual or constructive possession of marijuana or concentrated cannabis shall be punished, if the quantity involved:
(a) Is 50 pounds or more, but less than 1,000 pounds, of marijuana or 1 pound or more, but less than 20 pounds, of concentrated cannabis, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.
(a) Is 50 pounds or more, but less than 1,000 pounds, of marijuana or 1 pound or more, but less than 20 pounds, of 193.130 and by a fine of not more than $25,000.as provided in NRS (b) Is 1,000 pounds or more, but less than 5,000 pounds, of marijuana or 20 pounds or more, but less than 100 pounds, of concentrated cannabis, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.
(b) Is 1,000 pounds or more, but less than 5,000 pounds, of marijuana or 20 pounds or more, but less than 100 pounds, of concentrated cannabis, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.
(b) The weight of marijuana or concentrated cannabis is its weight when seized or as soon as practicable thereafter.
weight when seized or as soon as practicable thereafter.
and - *SB209_R3* – 8 – (b) To ensure accurate recordkeeping, including, without limitation, the provisions of NRS 453A.354 and 453A.356.
and (b) To ensure accurate recordkeeping, including, without limitation, the provisions of NRS 453A.354 and 453A.356.
(a) That is a medical marijuana dispensary must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
(a) That is a medical marijuana dispensary must have a single entrance for patrons, which must be secure, and shall implement - 80th Session (2019) – 8 – strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
(b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
(b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures entrance into areas containing marijuana.na and unauthorized 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.
 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.
All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed, locked facility at the physical address provided to the Department during the registration process for the cultivation facility.
All cultivation or production of marijuana that a cultivation enclosed, locked facility at the physical address provided to thein an Department during the registration process for the cultivation facility.
A medical marijuana dispensary and a cultivation facility may acquire usable marijuana or marijuana plants from a person who holds a valid registry identification card, including, without - *SB209_R3* – 9 – limitation, a designated primary caregiver.
A medical marijuana dispensary and a cultivation facility may acquire usable marijuana or marijuana plants from a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver.
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 plants to a cultivation facility one time.
A patient who holds a valid registry identification card, and the designated primary - 80th Session (2019) – 9 – 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 plants to a cultivation facility one time.
6.
person to consume marijuana on the property or premises of the establishment.
A medical marijuana establishment shall not allow any person to consume marijuana on the property or premises of the establishment.
and (b) Be capable of being accessed remotely by a law enforcement agency in real-time upon request.
and (b) Be capable of being accessed remotely by a law enforcement age10.
10.
A facility for the production of edible marijuana products or marijuana-infused products and a medical marijuana dispensary may acquire [industrial] hemp, as defined in NRS 557.160, or a - *SB209_R3* – 10 – commodity or product made using such hemp from a grower or handler registered by the State Department of Agriculture pursuant to NRS 557.100 to 557.290, inclusive.
A facility for the production of edible marijuana products or marijuana-infused products and a medical marijuana dispensary may acquire [industrial] hemp, as defined in NRS 557.160, or a commodity or product made using such hemp from a grower or handler registered by the State Department of Agriculture pursuant - 80th Session (2019) – 10 – to NRS 557.100 to 557.290, inclusive.
A facility for the production of edible marijuana products or marijuana-infused products may use [industrial] hemp or a commodity or product made using such hemp to manufacture edible marijuana products and marijuana- infused products.
A facility for the production of edible marijuana products or marijuana-infused products may use [industrial] hemp or a commodity or product made using such hemp to manufacture edible marijuana products and marijuana- [industrial] hemp or a commodity or product made using suchse hemp and edible marijuana products and marijuana-infused products manufactured using [industrial] hemp [.] or a commodity or product made using such hemp.
A medical marijuana dispensary may dispense [industrial] hemp or a commodity or product made using such hemp and edible marijuana products and marijuana-infused products manufactured using [industrial] hemp [.] or a commodity or product made using such hemp.
(c) Minimum requirements for the keeping of records by medical marijuana establishments.
(c) Minimum requirements for the keeping of records by med(d) Provisions estforisthentssecurity of medical marijuana establishments, including, without limitation, requirements for the protection by a fully operational security alarm system of each medical marijuana establishment.
(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.
- *SB209_R3* – 11 – (g) Minimum requirements for [industrial] hemp, as defined in NRS 557.160, or a commodity or product made using such hemp which is used by a facility for the production of edible marijuana products or marijuana-infused products to manufacture edible marijuana products or marijuana-infused products or dispensed by a medical marijuana dispensary.
- 80th Session (2019) – 11 – (g) Minimum requirements for [industrial] hemp, as defined in NRS 557.160, or a commodity or product made using such hemp which is used by a facility for the production of edible marijuana products or marijuana-infused products to manufacture edible medical marijuana dispensary.na-infused products or dispensed by a 3.
3.
and (c) Provide for the progressive discipline of attending providers of health care who advise the medical use of marijuana at a rate at which the Department, in consultation with the Division, and applicable board determine and agree to be unreasonably high.
and of health care who advise the medical use of marijuana at a rate ats which the Department, in consultation with the Division, and applicable board determine and agree to be unreasonably high.
The Department shall ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.
The Department shall ensure that the contents of the log are available for verification by law enforcement personnel hours a day.
9.
- 80th Session (2019) – 12 – 9.
Determine whether any provision of NRS 453A.350 or 453A.352 would make the operation of a medical marijuana - *SB209_R3* – 12 – 453D.030, by a dual licensee, as defined in NRS 453D.030,RS unreasonably impracticable, as defined in NRS 453D.030.
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 NRS 453D.030, by a dual licensee, as defined in NRS 453D.030, unr10.
10.
H - *SB209_R3*
~~~~~ 19 - 80th Session (2019)
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Amendments

3 amendments

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Action History

  1. Approved by the Governor. Chapter 374.

  2. Enrolled and delivered to Governor.

  3. In Senate. Assembly Amendment No. 1066 concurred in. To enrollment.

  4. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 1066.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Vacant: 1.) To printer. From printer. To reengrossment. Reengrossed. Third reprint. To Senate.

  5. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Natural Resources, Agriculture, and Mining. To committee.

  6. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 1037.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 19, Nays: None, Excused: 1, Not voting: 1.) To printer.

  7. From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 243.) Re-referred to Committee on Finance. To printer.

  9. Notice of eligibility for exemption.

  10. From printer. To committee.

  11. Read first time. Referred to Committee on Natural Resources. To printer.

Sponsors

Sponsorship breakdown

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7 sponsors · 0 co-sponsors · 60 not signed on

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (60)

60 members have not signed on to this bill.

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Frequently asked questions

What does SB 209 do?
AN ACT relating to hemp; replacing the term “industrial hemp” with the term “hemp” and revising the definition thereof; requiring the Department of Health and Human Services to adopt regulations requiring the testing and labeling of certain commodities and products made using hemp and certain similar products which are intended for human consumption; prohibiting a person from selling or offering to sell such commodities or products unless the commodities or products satisfy certain standards relating to testing and labeling; authorizing the retesting of a crop of hemp that has failed certain tests prescribed by the State Department of Agriculture; and providing other matters properly relating thereto.
Who sponsors SB 209?
SB 209 is sponsored by Senator David Parks, Senator Marilyn Dondero Loop, Cannizzaro, Nicole J. (Democratic), Pat Spearman, Chris Brooks, Julia Ratti, and Harris, Dallas.
What is the current status of SB 209?
This bill has been enacted into law. Introduced February 18, 2019. Enacted.
Where can I track SB 209?
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