Nevada 2021 Regular Session Status: Passed Assembly 6 D cosponsors

AB 322 — Provides for the licensure and regulation of certain events at which the sale and consumption of cannabis or cannabis products is allowed. (BDR 56-789)

Last action — (No further action taken.)

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

This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1369 added · 1632 removed

Plain-language change summary

The latest version of Bill AB 322 requires a two-thirds majority vote exemption for certain sections related to cannabis event organizer licenses. Previously, these sections required a two-thirds majority vote for changes, which could complicate amending the bill in the future. This shift could make it easier for lawmakers to adjust licensing and regulations surrounding cannabis events as needed, allowing for more flexibility in response to changing circumstances in the cannabis industry. It also clarifies that people holding educational events displaying cannabis don’t need a license, potentially encouraging public discussions about cannabis use.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 15, 16, 21, 22, 31, 42) A.B.
REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT (§§ 15, 16, 21, 31, 42) (Reprinted with amendments adopted on April 20, 2021) FIRST REPRINT A.B.
322 A SSEMBLY B ILL NO .
322 A SSEMBLY BILL NO .
M ILLER , GONZÁLEZ , FLORES ;
M ILLER , G ONZÁLEZ , FLORES ;
B RITTNEY M ILLER, M ONROE - M ORENO , HOMAS AND T ORRES M ARCH 17, 2021 ____________ JOINT SPONSOR :
A NDERSON , B RITTNEY M ILLER , M ONROE -M ORENO , HOMAS AND TORRES M ARCH 17, 2021 ____________ JOINT SPONSOR :
ENATOR D.
SENATOR D.
H ARRIS ____________ Referred to Committee on Revenue SUMMARY—Provides for the licensure and regulation of certain events at which the sale and consumption of cannabis or cannabis products is allowed.
HARRIS ____________ Referred to Committee on Revenue SUMMARY—Provides for the licensure and regulation of certain events at which the sale and consumption of cannabis or cannabis products is allowed.
Effect on Local Government:
EfEffect on the State:
May have Fiscal Impact.
Effect on the State:
May have Fiscal Impact.
setting forth certain requirements for the issuance of a license to hold such an event;
setting forth certain requirements for the issuance of a cannabis event organizer license, temporary cannabis event requirements concerning the operation of a temporary cannabisrtain event;
setting forth certain requirements concerning the operation of such an event;
imposing various requirements on cannabis event organizers and portable cannabis vendors;
imposing various requirements on persons licensed by the Board to hold such an event;
requiring the Board to take certain actions concerning applicants for certain licenses who are social equity applicants;
providing that persons who hold certain events at which cannabis or cannabis products are displayed for informational or educational purposes are not required to obtain a license;
exempting the holders of certain licenses issued by the Board from certain provisions prohibiting a person from maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance;
exempting the holder of a cannabis event organizer license from certain provisions prohibiting a person from maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance;
- *AB322* – 2 – LegExisting law provides for the licensure and regulation of persons and establishments involved in the cannabis industry in this State by the Cannabis Compliance Board.
- *AB322_R1* – 2 – LegExisting law provides for the licensure and regulation of persons and establishments involved in the cannabis industry in this State by the Cannabis Compliance Board.
(Title 56 of NRS) This bill provides for the licensure and regulation of two types of events at which the sale of cannabis or cannabis products and the consumption of cannabis or cannabis products by persons 21 years of age or older is allowed.
(Title 56 of NRS) This bill provides for the licensure and regulation of events at which the sale of cannabis or cannabis products and the consumption of cannabis or cannabis products by persons 21 years of age or older is allowed.
Sections 5 and 8 of this bill, respectively, designate these two types of events as “portable cannabis vendor events” and “temporary cannabis events.” temporary cannabis event, which is generally defined in section 8 to mean an event at which:
Section 8 of this bill designates such events as “temporary cannabis events.” Section 16 of this bill prohibits a person from holding a temporary cannabis organizer;
(1) participating adult-use cannabis retail stores sell cannabis or cannabis products to persons 21 years of age or older;
and (2) the Board has issued a temporary cannabis event permit for the event.
and (2) the consumption of cannabis or cannabis products by such persons is allowed.
Section 16 of this bill prohibits a person from holding a temporary cannabis event unless:
(1) the person has been licensed by the Board as a cannabis event organizer;
and (2) the Board has issued a temporary cannabis event license for the event.
Section 16 sets forth certain requirements for a cannabis event certain restrictions on the location and duration of temporary cannabis events.rth Section 17 of this bill prohibits a person other than a participating adult-use cannabis retail store from selling cannabis or cannabis products at a temporary cannabis event and sets forth certain requirements for such sales.
Section 16 sets forth certain requirements for a cannabis event organizer to obtain a temporary cannabis event permit.
Sections 18 and 19 of this bill impose certain requirements and restrictions on a cannabis event organizer relating to the operation of a temporary cannabis event.
Section 17 of this bill prohibits a person other than a participating adult-use cannabis retail store or portable cannabis vendor from selling cannabis or cannabis products at a temporary cannabis event and sets forth certain requirements for such sales.
Section 20 of this bill authorizes the Board to issue an order directing a cannabis event organizer to cease all operations of a temporary cannabis event under certain circumstances.
Sections 18 and 19 of this bill impose certain requirements and restrictions on a cannabis event organizer relating to the operation of a temporary cannabis eveSection 21 of this bill establishes requirements for licensure as a “portable cannabis vendor,” which is defined by section 4 of this bill to mean a business that:
Sections 21-24 of this bill set forth various requirements relating to a portable an event held by a portable cannabis vendor at which:
(1) is licensed by the Board;
(1) the portable cannabismean vendor sells cannabis or cannabis products to persons 21 years of age or older;
and (2) purchases cannabis or cannabis products from an adult-use cannabis retail store and sells such cannabis or cannabis products at a temporary cannabis event.
and (2) the consumption of cannabis or cannabis products by such persons is allowed.
Section 23 of this bill requires a portable cannabis vendor who participates in a temporary cannabis event to purchase all cannabis or cannabis products for resale at a temporary cannabis event from an adult-use cannabis retail store.
Section 22 of this bill prohibits a person from holding a portable cannabis vendor event unless:
Section 25.3 of this bill requires the Board to give priority to a social equity portable cannabis vendor license;
(1) the person has been licensed by the Board as a portable cannabis vendor;
and (2) the issuance of such a license.
and (2) the Board has issued a portable cannabis vendor event license for the event.
Sectionor 14.5 defines “social equity applicant” to mean, in general, an applicant that has been adversely affected by previous laws that criminalized activity relating to cannabis.
Section 21 of this bill establishes requirements for licensure as a portable cannabis vendor.
Section 25.3 further requires the Board to adopt regulations establishing criteria to determine whether an applicant qualifies as a social equity applicant.
Section 22 sets forth requirements for a portable cannabis vendor to obtain a portable cannabis vendor event license.
Section 25.6 of this bill sets forth certain requirements for the issuance of cannabis event organizer licenses and portable cannabis vendor licenses in a local governmental jurisdiction that limits the number of business licenses issued to cannabis event organizers and portable cannabis vendors, which include, among to social equity applicants.ement that a certain number of those licenses be issued Existing law imposes an excise tax on each retail sale of cannabis or cannabis products by an adult-use cannabis retail store.
cannabis or cannabis products for resale at a portable cannabis vendor event fromll an adult-use cannabis retail store;
(NRS 372A.290) Section 42 of this bill applies this excise tax to retail sales of cannabis or cannabis products by a portable cannabis vendor.
and (2) return any unsold cannabis or cannabis products to the adult-use cannabis retail store not later than 4 hours after the conclusion of the event.
Section 24 of this bill imposes certain requirements upon a portable cannabis vendor concerning the operation of a portable cannabis vendor event.
Existing law imposes an excise tax on each retail sale of cannabis or cannabis products by an adult-use cannabis retail store.
(NRS 372A.290) Section 42 of this bill:
(1) applies this excise tax to retail sales of cannabis or cannabis products by a cannabis products by an adult-use cannabis retail store to a portable cannabisbis or vendor for the purpose of resale.
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- *AB322* – 3 – organizer or portable cannabis vendor a fee for holding a temporary cannabis eventt or portable cannabis vendor event based on the number of persons expected to attend the event.
Section 25 of this bill authorizes a local government to charge a cannabis event organizer a fee for holding a temporary cannabis event.
Section 31 of this bill requires the Board to adopt regulations establishing fees associated with a cannabis event organizer license, temporary cannabis event license, portable cannabis vendor license and portable cannabis vendor event license.
Section 31 of this bill event organizer license, temporary cannabis event permit and portable cannabisnnabis vendor license.
Section 26 of this bill provides that a person is not required to obtain a license for certain events at which cannabis or cannabis products are displayed for infSection 11 of this bill includes a cannabis event organizer and a portable cannabis vendor within the definition of “cannabis establishment” provided in existing law, thereby subjecting such businesses to the requirements of existing law applicable to cannabis establishments.
Section 31 authorizes the Board to establish reduced fees for the initial issuance or renewal of a cannabis event organizer license and portable cannabis vendor license for social equity applicants.
(NRS 678A.095) Similarly, section 12 of this bill includes a cannabis event organizer license, a temporary cannabis event license, a portable cannabis vendor license and a portable cannabis vendor event license within the definition of “license” provided in existing law, thereby subjecting the holders of such licenses to the provisions of existing law applicable to holders of other licenses issued by the Board.
- *AB322_R1* – 3 – cannabis vendor within the definition of “cannabis establishment” provided in existing law, thereby subjecting such businesses to the requirements of existing law applicable to cannabis establishments.
(NRS 678A.160) Section 13 of under which the Board is authorized to waive any requirement applicable to arocedures cannabis establishment that the Board determines is not appropriate for a cannabis event organizer or portable cannabis vendor.
(NRS 678A.095) Similarly, section 12 of this bill includes a cannabis event organizer license, a temporary cannabis event permit and a portable cannabis vendor license within the definition of “license” provided in existing law, thereby subjecting the holders of such licenses to the provisions of existing law applicable to holders of other licenses issued by the Board.
Section 33 of this bill requires the Board to adopt regulations concerning the safe and healthful operation of such events.
(NRS 678A.160) Section 13 of this bill authorizes the Board to adopt to waive any requirement applicable to a cannabis establishment that the Boardzed determines is not appropriate for a cannabis event organizer or portable cannabis vendor.
Section 27 of this bill provides that a license issued by the Board pursuant to the provisions of this bill is a revocable privilege.
Section 33 of this bill requires the Board to adopt regulations concerning the safe and healthful operation of temporary cannabis events.
Sections 28 and 29 of this bill prohibit the issuance of a medical cannabis establishment license or an adult-use cannabis establishment license, respectively, if any of the persons proposed to be such a position for a cannabis establishment that has had a license issued by the Board pursuant to the provisions of this bill revoked.
Section 27 of this bill provides that a license or permit issued by the Board pursuant to the provisions of this bill is a revocable privilege.
Section 30 of this bill provides, with certain exceptions, that a license issued by the Board pursuant to the provisions of this bill is nontransferable.
Sections 28 and 29 of this bill prohibit the issuance of a medical cannabis establishment license or an adult-use cannabis establishment license, respectively, if any of the persons proposed to be owners, officers or board members of the establishment have license or permit issued by the Board pursuant to the provisions of this bill revoked.
Section 32 of this bill revises provisions of existing law that prohibit a person from selling or advertising the sale of cannabis or cannabis products for the purpose of authorizing the holder of a portable cannabis vendor license to engage in such activities.
Existing law requires the Board to adopt regulations setting forth procedures and requirements for the transfer of a license issued by the Board from a holder to another person who is qualified to hold such a license.
(NRS 678B.530) Existing law generally exempts persons who hold certain licenses issued by the Board from state prosecution for the possession, this exemption to include the holder of a portable cannabis vendor license.expands Existing law generally prohibits the consumption of cannabis or cannabis products in a public place.
(NRS 678B.380) Section 30 of this bill specifies that such regulations must set forth procedures and requirement for the transfer of a cannabis event organizer license or portable cannabis vendor license that is held by a social equity applicant.
(NRS 678C.300, 678D.300, 678D.310) Sections 34, 36 and 37 of this bill revise these provisions for the purposes of authorizing a person to consume cannabis or cannabis products in an area designated for that activity at a temporary cannabis event or portable cannabis vendor event.
Section 32 of this bill revises provisions of existing law that prohibit a person from selling or advertising the sale of cannabis or cannabis products for the purpose activities.
Section 38 of this bill authorizes an adult-use cannabis distributor to transport cannabis and cannabis products between an adult-use cannabis retail store and a temporary cannabis event.
(NRS 678B.530) Existing law exempts, in general, persons who holdsuch certain licenses issued by the Board from state prosecution for the possession, delivery or production of cannabis.
(NRS 678D.200) Section 35 of this bill expands this exemption to include the holder of a portable cannabis vendor license.
Existing law prohibits, in general, the consumption of cannabis or cannabis products in a public place.
(NRS 678C.300, 678D.300, 678D.310) Sections 34, 36 and 37 of this bill revise these provisions for the purposes of authorizing a person to consume cannabis or cannabis products in an area designated for that activity at a temporary cannabis event.
(NRS 453.316) Section 44 of this bill exempts a cannabis event organizer and a portable cannabis vendor whose activities are confined to those authorized under the provisions of this bill from the application of this provision.
(NRS 453.316) Section 44 of this bill exempts a cannabis event organizer whose activities are confined to those authorized under the provisions of this bill from the application of this provision.
- *AB322* – 4 – Sections 2-9 of this bill define words and terms applicable to the provisions of this bill.
Sections 2-9 of this bill define words and terms applicable to the provisions of this bill.
Sections 10 and 40 of this bill make conforming changes to indicate the this bill makes a conforming change to reflect the addition of the provisions of section 31.
Sections 10, 27.5 and 40 of this bill make conforming changes to indicate the proper placement of new provisions in the Nevada Revised Statutes.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 43 of this bill makes a conforming change to reflect the addition of the provisions of section 31.
- *AB322_R1* – 4 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Permits, maintains, promotes, conducts, advertises, operates, undertakes, organizes, manages, sells or gives away tickets to portable cannabis events.
Purchases cannabis or cannabis products from an adult- use cannabis retail store and sells such cannabis or cannabis products at a temporary cannabis event.
“Portable cannabis vendor event” means an event held by a portable cannabis vendor for which a license has been issued by the Board pursuant to section 22 of this act and at which:
(Deleted by amendment.) Sec.
1.
The portable cannabis vendor sells cannabis or cannabis products to persons 21 years of age or older;
and 2.
The consumption of cannabis or cannabis products by persons 21 years or older is allowed.
Sec.
“Portable cannabis vendor event license” means a license that is issued by the Board pursuant to section 22 of this act to authorize a portable cannabis vendor to hold a portable cannabis vendor event.
(Deleted by amendment.) Sec.
Sec.
“Temporary cannabis event” means an event held by a cannabis event organizer for which a license has been issued by the Board pursuant to section 16 of this act and at which:
“Temporary cannabis event” means an event held by a cannabis event organizer for which a temporary cannabis event permit has been issued by the Board pursuant to section 16 of this act and at which:
- *AB322* – 5 – 1.
1.
Participating adult-use cannabis retail stores sell cannabis or cannabis products to persons 21 years of age or older;
Participating adult-use cannabis retail stores or portable years of age or older;
and 2.
andabis or cannabis products to persons 21 2.
“Temporary cannabis event license” means a license that is issued by the Board pursuant to section 16 of this act to authorize a cannabis event organizer to hold a temporary cannabis event.
“Temporary cannabis event permit” means a license that is issued by the Board pursuant to section 16 of this act to authorize a cannabis event organizer to hold a temporary cannabis event.
Sec.
- *AB322_R1* – 5 – Sec.
A temporary cannabis event license;
A temporary cannabis event permit;
5.
or 5.
A portable cannabis vendor license;
A portable cannabis vendor license.
or 6.
A portable cannabis vendor event license.
(e) Policies and procedures governing the circumstances under which the Board may waive the requirement to obtain a registration - *AB322* – 6 – card pursuant to this title for any person who holds an ownership interest of less than 5 percent in any one cannabis establishment or an ownership interest in more than one cannabis establishment of the same type that, when added together, is less than 5 percent.
(e) Policies and procedures governing the circumstances under which the Board may waive the requirement to obtain a registration card pursuant to this title for any person who holds an ownership interest of less than 5 percent in any one cannabis establishment or an ownership interest in more than one cannabis establishment of the same type that, when added together, is less than 5 percent.
(h) Policies and procedures governing the circumstances under which the Board may waive any requirement applicable to a cannabis establishment that the Board determines is not appropriate for a cannabis event organizer or portable cannabis vendor.
(h) Policies and procedures governing the circumstances under which the Board may waive any requirement applicable to a cannabis establishment that the Board determines is not - *AB322_R1* – 6 – appropriate for a cannabis event organizer or portable cannabis vendor.
Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 26, inclusive, of this act.
Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 14.5 to 26, inclusive, of this act.
14.5.
“Social equity applicant” means an applicant for the issuance or renewal of a cannabis event organizer license or portable cannabis vendor license who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis, including, without limitation, adverse effects on an owner, officer or board member of the applicant.
Sec.
- *AB322* – 7 – 3.
3.
(II) The physical address where the proposed cannabis event organizer will be located;
- *AB322_R1* – 7 – (II) The physical address where the proposed cannabis event organizer will be located;
(b) None of the persons who are proposed to be owners, officers or board members of the proposed cannabis event organizer have been convicted of an excluded felony offense;
(b) None of the persons who are proposed to be owners, officers or board members of the proposed cannabis event organizer have:
(c) None of the persons who are proposed to be owners, officers or board members of the proposed cannabis event organizer have:
(1) Served as an owner, officer or board member for a cannabis establishment that has had its cannabis event organizer license, temporary cannabis event permit, portable cannabis vendor license, adult-use cannabis establishment license or medical cannabis establishment license revoked;
(1) Served as an owner, officer or board member for a cannabis establishment that has had its cannabis event organizer license, temporary cannabis event license, portable cannabis vendor license, portable cannabis vendor event license, adult-use cannabis establishment license or medical cannabis establishment license revoked;
and (d) None of the persons who are proposed to be owners, officers or board members of the proposed cannabis event organizer are under 21 years of age.
and (c) None of the persons who are proposed to be owners, officers or board members of the proposed cannabis event organizer are under 21 years of age.
- *AB322* – 8 – 4.
4.
If an applicant for licensure to engage in the business of a cannabis event organizer satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and is not disqualified from being licensed pursuant to this section or other applicable law, the Board shall issue to the applicant a cannabis event organizer license.
Except as otherwise provided in section 25.6 of this act, if an applicant for licensure to engage in the business of a cannabis event organizer satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and is not disqualified from being licensed pursuant to this section or other applicable law, the Board shall issue to the applicant a cannabis event organizer license.
A cannabis event organizer license expires 1 year after the date of issuance and may be renewed upon:
A cannabis event - *AB322_R1* – 8 – organizer license expires 1 year after the date of issuance and may be renewed upon:
and (b) Has been issued a temporary cannabis event license for the temporary cannabis event by the Board pursuant to this section.
and (b) Has been issued a temporary cannabis event permit for the temporary cannabis event by the Board pursuant to this section.
A cannabis event organizer who wishes to obtain a temporary cannabis event license must, at least 60 days before the date on which the proposed temporary cannabis event is to commence, submit to the Board the application fee, as set forth in NRS 678B.390, and an application on a form prescribed by the Board.
A cannabis event organizer who wishes to obtain a temporary cannabis event permit must submit to the Board the application fee, as set forth in NRS 678B.390, and an application on a form prescribed by the Board.
(b) The physical address of the location at which the proposed temporary cannabis event will be held, the location 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 temporary cannabis event was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed temporary cannabis event was submitted to the Board, or, if the proposed temporary cannabis event will be held in a county whose population is 100,000 or more, within 1,500 feet of an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177 and that existed on the date on which the application for the proposed temporary cannabis event was submitted to the Board;
(b) The physical address of the location at which the proposed temporary cannabis event will be held;
- *AB322* – 9 – (c) The name of the proposed temporary cannabis event;
(c) The date or dates of the proposed temporary cannabis event;
(d) The date or dates of the proposed temporary cannabis event, the duration of which must not exceed 4 consecutive days;
(d) The number of persons expected to attend the proposed temporary cannabis event;
(e) The hours of operation for the proposed temporary cannabis event;
(e) A detailed description of each area within the proposed temporary cannabis event designated for the sale of cannabis or cannabis products;
(f) The number of persons expected to attend the proposed temporary cannabis event;
(f) A detailed description of each area within the proposed temporary cannabis event designated for the consumption of cannabis or cannabis products;
(g) A diagram of the physical layout of the proposed temporary cannabis event which clearly sets forth:
(g) Operating procedures consistent with regulations of the Board for the safe and healthful operation of temporary cannabis events;
(1) The boundaries of the proposed temporary cannabis event within the location at which the event is proposed to be held;
(h) Evidence that the local government having jurisdiction over the location in which the proposed temporary cannabis event is to be held has approved the event to be held at the specified location and on the specified date or dates;
(2) Each entrance and exit to the proposed temporary cannabis event that will be used by participants during the event;
(i) A list of each adult-use cannabis retail store, portable cannabis vendor and cannabis establishment agent that will be participating in the proposed temporary cannabis event;
(3) Each area within the proposed temporary cannabis event designated for the sale of cannabis or cannabis products;
and (j) Such other information as the Board may require by regulation.
(4) The designated location within each area described in subparagraph (3) for each adult-use cannabis retail store participating in the proposed temporary cannabis event and an identifying number assigned for each such location;
3.
(5) Each area within the proposed temporary cannabis event designated for the storage of cannabis or cannabis products;
The Board shall issue a temporary cannabis event permit to an applicant if:
and (6) Each area within the proposed temporary cannabis event designated for the consumption of cannabis or cannabis products;
(h) A security plan for the proposed temporary cannabis event which, without limitation, provides for the presence of security personnel on the premises of the event during all hours of operation;
(i) Contact information for a person designated by the applicant to be the primary contact person regarding the proposed temporary cannabis event;
(j) Contact information for a person designated by the applicant to remain on the premises of the proposed temporary cannabis event during all hours of operation and who must be able to be reached by telephone during all hours of operation;
(k) Evidence that the local government having jurisdiction over the location in which the proposed temporary cannabis event is to be held has approved the event to be held at the specified location and on the specified date or dates;
(l) A list of each adult-use cannabis retail store and cannabis establishment agent that will be participating in the proposed temporary cannabis event;
and (m) Such other information as the Board may require by regulation.
- *AB322* – 10 – 3.
The Board shall issue a license to an applicant for the issuance of a temporary cannabis event license if:
and (c) The temporary cannabis event is not disqualified from being licensed pursuant to any other applicable law.
and - *AB322_R1* – 9 – (c) The temporary cannabis event is not disqualified from being licensed pursuant to any other applicable law.
Each temporary cannabis event license issued pursuant to this section must set forth the location and date or dates of the temporary cannabis event for which the license is issued.
Each temporary cannabis event permit issued pursuant to this section must set forth the location and date or dates of the temporary cannabis event for which the temporary cannabis event permit is issued.
5.
If the Board issues a temporary cannabis event license to a cannabis event organizer pursuant to this section and the list of adult-use cannabis retail stores and cannabis establishment agents participating in the event submitted to the Board pursuant to subsection 2 changes, the cannabis event organizer shall, not later than 72 hours before the temporary cannabis event is to commence, submit to the Board an updated list and an updated diagram of the physical layout of the temporary cannabis event.
6.
For the purposes of paragraph (b) of subsection 2, the distance must be measured from the main entrance to the proposed temporary cannabis event to the closest point of the property line of a school, community facility or gaming establishment.
7.
As used in this section, “community facility” means:
(a) A facility that provides day care to children.
(b) A public park.
(c) A playground.
(d) A public swimming pool.
(e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.
(f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.
A person shall not sell cannabis or cannabis products at a temporary cannabis event unless the person is an adult-use cannabis retail store and has been listed as a participant in the event in a list submitted to the Board pursuant to section 16 of this act.
A person shall not sell cannabis or cannabis products at a temporary cannabis event unless the person is an adult-use cannabis retail store or a portable cannabis vendor and has been listed as a participant in the event in a list submitted to the Board pursuant to section 16 of this act.
An adult-use cannabis retail store that participates in a temporary cannabis event may conduct sales of cannabis or cannabis products only:
Except as otherwise provided by regulation adopted by the Board, all provisions of this title and the regulations adopted pursuant thereto relating to the testing and labeling of cannabis and cannabis products and the sale of cannabis and cannabis products on the premises of an adult-use cannabis retail store also apply to cannabis and cannabis products sold at a temporary cannabis event.
(a) At the location within the temporary cannabis event designated for the adult-use cannabis retail store;
and - *AB322* – 11 – (b) During the hours of operation for the temporary cannabis event.
3.
Each adult-use cannabis retail store that participates in a temporary cannabis event must prominently display at the location within the event designated for the adult-use cannabis retail store:
(a) The adult-use cannabis establishment license of the adult- use cannabis retail store;
and (b) A sign which shows the identifying number assigned to the location in the diagram submitted to the Board pursuant to section 16 of this act.
4.
All cannabis and cannabis products offered for sale by an adult-use cannabis retail store at a temporary cannabis event must be transported to and from the event by an adult-use cannabis distributor.
5.
Except as otherwise provided in subsection 6, all cannabis and cannabis products offered for sale at a temporary cannabis event must be stored in a secure, locked container at the location within the event designated for the storage of cannabis or cannabis products.
Cannabis or a cannabis product may only be removed from the container:
(a) For the purpose of selling the cannabis or cannabis product to a consumer;
(b) Immediately before the cannabis or cannabis product is sold;
and (c) By a cannabis establishment agent who is employed by or volunteers at the adult-use cannabis retail store which is conducting the sale and who has been listed as a participant in the temporary cannabis event in a list submitted to the Board pursuant to section 16 of this act.
6.
An adult-use cannabis retail store that participates in a temporary cannabis event may display small amounts of cannabis or cannabis products at the location within the event designated for the adult-use cannabis retail store.
7.
Except as otherwise provided by regulation adopted by the Board and except where inconsistent with the provisions of this section, all provisions of this title and the regulations adopted pursuant thereto relating to the testing and labeling of cannabis and cannabis products and the sale of cannabis and cannabis products on the premises of an adult-use cannabis retail store also apply to cannabis and cannabis products sold at a temporary cannabis event.
Ensure that only persons who are 21 years of age or older are allowed to access areas within the temporary cannabis event - *AB322* – 12 – designated for the sale or consumption of cannabis or cannabis products;
Ensure that only persons who are 21 years of age or older are allowed to access areas within the temporary cannabis event designated for the sale or consumption of cannabis or cannabis products;
Post and maintain a conspicuous sign at each entrance to an area within the temporary cannabis event designated for the sale or consumption of cannabis or cannabis products which clearly states that persons who are under 21 years of age are prohibited from entering the area;
3.
Ensure that each area within the temporary cannabis event designated for the consumption of cannabis or cannabis products is not viewable from a public place or from any area of the event in which persons who are under 21 years of age are allowed to access;
4.
Ensure that intoxicating liquor or tobacco products are not sold or consumed at the temporary cannabis event;
5.
6.
3.
7.
4.
Ensure that each adult-use cannabis retail store that participates in the temporary cannabis event complies with the requirements set forth in section 17 of this act and any other requirements prescribed by regulation of the Board;
Ensure that each adult-use cannabis retail store and portable cannabis vendor that participates in the temporary cannabis event complies with the requirements set forth in section 17 of this act and any other requirements prescribed by regulation of the Board;
and 8.
and 5.
A cannabis event organizer shall not:
A cannabis event organizer shall not sell cannabis or cannabis products at a temporary cannabis event unless the cannabis event organizer is an adult-use cannabis retail store or portable cannabis vendor and has been listed as a participant in the event in a list submitted to the Board pursuant to section 16 of this act.
1.
Sell cannabis or cannabis products at a temporary cannabis event unless the cannabis event organizer is an adult-use cannabis retail store and has been listed as a participant in the event in a list submitted to the Board pursuant to section 16 of this act;
2.
Transport cannabis or cannabis products to or from a temporary cannabis event unless the cannabis event organizer is an adult-use cannabis distributor;
or 3.
Accept compensation from an adult-use cannabis retail store for participation in a temporary cannabis event that is based upon or contingent upon the sale of cannabis or cannabis products.
1.
(Deleted by amendment.) - *AB322_R1* – 10 – Sec.
The Board may issue an order directing a cannabis event organizer to cease all operations of a temporary cannabis event if the Board determines such action is necessary to protect the public health and safety.
- *AB322* – 13 – 2.
If the Board finds that a person is selling cannabis or cannabis products on the premises of a temporary cannabis event in violation of subsection 1 of section 17 of this act, the Board may issue an order directing the cannabis event organizer that is holding the event to expel the person from the event.
If the cannabis event organizer fails to immediately expel such a person, the Board may issue an order directing the cannabis event organizer to cease all operations of the temporary cannabis event.
3.
A cannabis event organizer that receives an order from the Board directing the cannabis event organizer to cease all operations of the temporary cannabis event pursuant to this section shall immediately cease all operations of the temporary cannabis event and ensure that all participants leave the event within the time frame prescribed by the Board.
Sec.
- *AB322* – 14 – (b) None of the persons who are proposed to be owners, officers or board members of the proposed portable cannabis vendor have been convicted of an excluded felony offense;
(b) None of the persons who are proposed to be owners, officers or board members of the proposed portable cannabis vendor have:
(c) None of the persons who are proposed to be owners, officers or board members of the proposed portable cannabis vendor have:
(1) Served as an owner, officer or board member for a cannabis establishment that has had its portable cannabis vendor license, cannabis event organizer license, temporary cannabis event permit, adult-use cannabis establishment license or medical cannabis establishment license revoked;
(1) Served as an owner, officer or board member for a cannabis establishment that has had its portable cannabis vendor license, portable cannabis vendor event license, cannabis event organizer license, temporary cannabis event license, adult-use cannabis establishment license or medical cannabis establishment license revoked;
and (d) None of the persons who are proposed to be owners, officers or board members of the proposed portable cannabis vendor are under 21 years of age.
and - *AB322_R1* – 11 – (c) None of the persons who are proposed to be owners, officers or board members of the proposed portable cannabis vendor are under 21 years of age.
If an applicant for licensure to engage in the business of a portable cannabis vendor satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and is not disqualified from being licensed pursuant to this section or other applicable law, the Board shall issue to the applicant a portable cannabis vendor license.
Except as otherwise provided in section 25.6 of this act, if an applicant for licensure to engage in the business of a portable cannabis vendor satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and is not disqualified from being licensed pursuant to this section or other applicable law, the Board shall issue to the applicant a portable cannabis vendor license.
1.
(Deleted by amendment.) Sec.
A person shall not hold a portable cannabis vendor event unless the person:
(a) Is a portable cannabis vendor;
and (b) Has been issued a portable cannabis vendor event license for the portable cannabis vendor event by the Board pursuant to this section.
2.
A portable cannabis vendor who wishes to obtain a portable cannabis vendor event license must, at least 60 days - *AB322* – 15 – before the date on which the proposed portable cannabis vendor event is to commence, submit to the Board the application fee, as set forth in NRS 678B.390, and an application on a form prescribed by the Board.
The application must include:
(a) The name and address of the applicant;
(b) The physical address or a detailed description of the location at which the proposed portable cannabis vendor event will be held;
(c) The date or dates of the proposed portable cannabis vendor event;
(d) The number of persons who are expected to attend the proposed portable cannabis vendor event;
(e) Procedures to ensure the health and safety of persons who attend the proposed portable cannabis vendor event;
(f) A detailed description of the area of the proposed portable cannabis vendor event designated for the consumption of cannabis or cannabis products;
(g) The number of cannabis establishment agents employed by the portable cannabis vendor who will be operating the proposed portable cannabis vendor event;
(h) Procedures and protocols to ensure that persons who attend the proposed portable cannabis vendor event do not engage in the excessive consumption of cannabis or cannabis products;
(i) A security plan for the proposed portable cannabis vendor event which includes, without limitation, an estimate of the number of security personnel that will be providing security at the event;
(j) Procedures and protocols for the operation of the proposed portable cannabis vendor event, including, without limitation, procedures for the set up and break down of the event;
(k) Evidence that the local government having jurisdiction over the location in which the proposed portable cannabis vendor event is to be held has approved the event to be held at the specified location and on the specified date or dates;
and (l) Such other information as the Board may require by regulation.
3.
The Board shall issue a license to an applicant for the issuance of a portable cannabis vendor event license if:
(a) The application satisfies the requirements of this section;
(b) The applicant is a portable cannabis vendor who is qualified in the determination of the Board pursuant to NRS 678B.200;
and (c) The portable cannabis vendor event is not disqualified from being licensed pursuant to any other applicable law.
- *AB322* – 16 – 4.
Each portable cannabis vendor event license issued pursuant to this section must set forth the location and the date or dates of the portable cannabis vendor event for which the license is issued.
Sec.
1.
A portable cannabis vendor that participates in a temporary cannabis event shall purchase all cannabis or cannabis products for resale at the temporary cannabis event from an adult- use cannabis retail store.
A portable cannabis vendor that holds a portable cannabis vendor event shall:
(a) Purchase all cannabis or cannabis products for resale at the portable cannabis vendor event from an adult-use cannabis retail store;
and (b) Not later than 4 hours after the conclusion of the portable cannabis vendor event, return to the adult-use cannabis retail store any cannabis or cannabis product that was not sold at the portable cannabis vendor event.
2.
An adult-use cannabis retail store shall accept the return of any cannabis or cannabis product purchased from the adult-use cannabis retail store by a portable cannabis vendor and refund to the portable cannabis vendor the full purchase price of the cannabis or cannabis product.
(Deleted by amendment.) Sec.
25.
A local government having jurisdiction over the location in which a temporary cannabis event is to be held may charge the cannabis event organizer a fee for holding the event.
Sec.
25.3.
A portable cannabis vendor that holds a portable cannabis vendor event shall:
In processing applications for a cannabis event organizer license or portable cannabis vendor license and in the issuance of such a license, the Board shall give priority to a social equity applicant.
(a) Ensure that only persons who are 21 years of age or older are allowed to access areas of the event designated for the consumption of cannabis or cannabis products;
(b) Ensure that no person other than the portable cannabis vendor sells cannabis or cannabis products at the portable cannabis vendor event;
(c) Enforce appropriate procedures and protocols to ensure that persons who attend the event do not engage in the excessive consumption of cannabis or cannabis products;
(d) Comply with all procedures and requirements prescribed by regulation of the Board for the collection and disposal of cannabis or cannabis products which are left at the portable cannabis vendor event;
and (e) Comply with any other requirements prescribed by regulation of the Board.
Except as otherwise provided by regulation adopted by the Board and except where inconsistent with the provisions of this section, all provisions of this title and the regulations adopted pursuant thereto relating to the testing and labeling of cannabis and cannabis products and the sale of cannabis and cannabis products on the premises of an adult-use cannabis retail store also apply to cannabis and cannabis products sold by a portable cannabis vendor at a portable cannabis vendor event.
The Board shall adopt regulations establishing criteria to be used by the Board for determining whether an applicant for the issuance or renewal of a cannabis event organizer license or portable cannabis vendor license qualifies as a social equity applicant for the purposes of this chapter.
25.
25.6.
A local government having jurisdiction over the location in which a temporary cannabis event or portable - *AB322* – 17 – cannabis vendor event is to be held may charge the cannabis event organizer or portable cannabis vendor, as applicable, a fee for holding the event.
Such a fee must be based on the number of persons who are expected to attend the temporary cannabis event or portable cannabis vendor event.
Sec.
26.
A person is not required to obtain a license issued by the Board pursuant to this chapter to hold an event at which cannabis or cannabis products are displayed for informational or educational purposes but are not sold or consumed.
If, in a local governmental jurisdiction that issues business licenses, the local governmental jurisdiction limits the number of business licenses issued to cannabis event organizers and portable cannabis vendors, the Board shall determine the total number of cannabis event organizer licenses - *AB322_R1* – 12 – and portable cannabis vendor licenses that will be allocated to the local governmental jurisdiction.
A person who displays cannabis or cannabis products at an event described in subsection 1 must comply with the legal limits on the possession of cannabis for medical purposes, as set forth in NRS 678C.200, or adult-use purposes, as set forth in 678D.200, as applicable.
Of the total number cannabis event organizer licenses and portable cannabis vendor licenses allocated to a local governmental jurisdiction pursuant to subsection 1, not less than 50 percent must be issued to social equity applicants.
If, at any time, there are an insufficient number of qualified social equity applicants to satisfy this requirement, the Board shall hold the remaining number of licenses necessary to satisfy this requirement in reserve for the issuance to future social equity applicants.
3.
Except as otherwise provided in subsection 2, if, at any time, the number of qualified applicants for the issuance of cannabis event organizer licenses or portable cannabis event licenses exceed the number of licenses allocated to that jurisdiction pursuant to subsection 1, the Board shall issue cannabis event organizer licenses and portable cannabis event licenses in the local governmental jurisdiction on the basis of a separate lottery system for each type of license.
4.
As used in this section, “local governmental jurisdiction” means a city or unincorporated area within a county.
26.
(Deleted by amendment.) Sec.
(d) Temporary cannabis event license issued pursuant to section 16 of this act;
(d) Temporary cannabis event permit issued pursuant to section 16 of this act;
(f) Portable cannabis vendor event license issued pursuant to section 22 of this act;
(f) Cannabis establishment agent registration card issued pursuant to NRS 678B.340;
(g) Cannabis establishment agent registration card issued pursuant to NRS 678B.340;
and [(d)] (g) Cannabis establishment agent registration card for a cannabis executive issued pursuant to NRS 678B.350, is a revocable privilege and the holder of such a license or card, as applicable, does not acquire thereby any vested right.
and [(d)] (h) Cannabis establishment agent registration card for a cannabis executive issued pursuant to NRS 678B.350, is a revocable privilege and the holder of such a license or card, as applicable, does not acquire thereby any vested right.
- *AB322_R1* – 13 – Sec.
27.5.
NRS 678B.020 is hereby amended to read as follows:
678B.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 678B.030 to 678B.070, inclusive, and section 14.5 of this act have the meanings ascribed to them in those sections.
- *AB322* – 18 – 2.
2.
(III) Evidence that the applicant controls not less than $250,000 in liquid assets to cover the initial expenses of opening the proposed medical cannabis establishment and complying with the provisions of this title;
- *AB322_R1* – 14 – (III) Evidence that the applicant controls not less than $250,000 in liquid assets to cover the initial expenses of opening the proposed medical cannabis establishment and complying with the provisions of this title;
(V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board to - *AB322* – 19 – forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board 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;
(1) Served as an owner, officer or board member for a cannabis establishment that has had its medical cannabis establishment license , [or] adult-use cannabis establishment license , cannabis event organizer license, temporary cannabis event license, portable cannabis vendor license or portable cannabis vendor event license revoked;
(1) Served as an owner, officer or board member for a cannabis establishment that has had its medical cannabis establishment license , [or] adult-use cannabis establishment license - *AB322_R1* – 15 – , cannabis event organizer license, temporary cannabis event permit or portable cannabis vendor license revoked;
For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or - *AB322* – 20 – board member of a proposed medical cannabis establishment, the Board 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.
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 cannabis establishment, the Board 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.
(f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.
- *AB322_R1* – 16 – (f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.
- *AB322* – 21 – (a) The person who wishes to operate the proposed adult-use cannabis establishment has submitted to the Board all of the following:
(a) The person who wishes to operate the proposed adult-use cannabis establishment has submitted to the Board all of the following:
(V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed adult-use cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board 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;
- *AB322_R1* – 17 – (V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed adult-use cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board 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;
- *AB322* – 22 – (I) Procedures to ensure the use of adequate security measures;
(I) Procedures to ensure the use of adequate security measures;
(1) Served as an owner, officer or board member for a cannabis establishment that has had its adult-use cannabis establishment license , [or] medical cannabis establishment license , cannabis event organizer license, temporary cannabis event license, portable cannabis vendor license or portable cannabis vendor event license revoked;
(1) Served as an owner, officer or board member for a cannabis establishment that has had its adult-use cannabis establishment license , [or] medical cannabis establishment license , cannabis event organizer license, temporary cannabis event permit or portable cannabis vendor license revoked;
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 adult-use cannabis establishment, the Board 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.
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 adult-use cannabis establishment, the Board shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission - *AB322_R1* – 18 – to the Federal Bureau of Investigation to determine the criminal history of that person.
and - *AB322* – 23 – (b) Payment of the renewal fee set forth in NRS 678B.390.
and (b) Payment of the renewal fee set forth in NRS 678B.390.
(f) A temporary cannabis event license.
(f) A temporary cannabis event permit.
(h) A portable cannabis vendor event license.
The Board shall adopt regulations which prescribe procedures and requirements by which a holder of a license may transfer the license to another party who is qualified to hold such a license pursuant to the provisions of this chapter.
The Board shall adopt regulations which prescribe procedures and requirements by which a holder of a license , - *AB322_R1* – 19 – including, without limitation, the holder of a cannabis event organizer license or portable cannabis vendor license who is a social equity applicant, may transfer the license to another party who is qualified to hold such a license pursuant to the provisions of this chapter.
Except as otherwise provided in subsection [2,] 3, the Board shall collect not more than the following maximum fees:
Except as otherwise provided in subsection [2,] 4, the Board shall collect not more than the following maximum fees:
For the initial issuance of a medical cannabis establishment license for a medical cannabis dispensary................................................$30,000 - *AB322* – 24 – For the renewal of a medical cannabis establishment license for a medical cannabis dispensary..................................................$5,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis cultivation facility .......................................3,000 For the renewal of a medical cannabis establishment license for a medical cannabis cultivation facility .......................................1,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis production facility.......................................3,000 For the renewal of a medical cannabis establishment license for a medical cannabis production facility.......................................1,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis independent testing laboratory....................5,000 For the renewal of a medical cannabis establishment license for a medical cannabis independent testing laboratory....................3,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis retail store..................................20,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis retail store....................................................6,600 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility......................30,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility .....................................10,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis production facility......................10,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis production facility.......................................3,300 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory.................................................................15,000 - *AB322* – 25 – For the renewal of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory..................$5,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis distributor...................................15,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis distributor....................................................5,000 For each person identified in an application for the initial issuance of a cannabis establishment agent registration card............................150 For each person identified in an application for the renewal of a cannabis establishment agent registration card............................150 2.
For the initial issuance of a medical cannabis establishment license for a medical cannabis dispensary................................................$30,000 For the renewal of a medical cannabis establishment license for a medical cannabis dispensary....................................................5,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis cultivation facility .......................................3,000 For the renewal of a medical cannabis establishment license for a medical cannabis cultivation facility .......................................1,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis production facility.......................................3,000 For the renewal of a medical cannabis establishment license for a medical cannabis production facility.......................................1,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis independent testing laboratory....................5,000 For the renewal of a medical cannabis establishment license for a medical cannabis independent testing laboratory....................3,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis retail store..................................20,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis retail store....................................................6,600 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility......................30,000 - *AB322_R1* – 20 – For the renewal of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility ...................................$10,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis production facility......................10,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis production facility.......................................3,300 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory.................................................................15,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory....................5,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis distributor...................................15,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis distributor....................................................5,000 For each person identified in an application for the initial issuance of a cannabis establishment agent registration card............................150 For each person identified in an application for the renewal of a cannabis establishment agent registration card............................150 2.
(b) The issuance of a temporary cannabis event license.
(b) The issuance of a temporary cannabis event permit.
(d) The issuance of a portable cannabis vendor event license.
The fees for the issuance of a portable cannabis vendor event license must be based on the number of persons who are expected to attend the portable cannabis event.
The Board may by regulation establish reduced fees for an applicant for the initial issuance or renewal of a cannabis event organizer license or portable cannabis vendor license that is a social equity applicant.
4.
and (b) The actual costs incurred by the Board in processing the application, including, without limitation, conducting background checks.
and - *AB322_R1* – 21 – (b) The actual costs incurred by the Board in processing the application, including, without limitation, conducting background checks.
[3.] 4.
[3.] 5.
or - *AB322* – 26 – (b) Sell, offer to sell or appear to sell cannabis or cannabis products or allow the submission of an order for cannabis or cannabis products, unless the person holds an adult-use cannabis establishment license , [or] a medical cannabis establishment license [.] or a portable cannabis vendor license.
or (b) Sell, offer to sell or appear to sell cannabis or cannabis products or allow the submission of an order for cannabis or cannabis products, unless the person holds an adult-use cannabis establishment license , [or] a medical cannabis establishment license [.] or a portable cannabis vendor license.
(c) Minimum requirements for the keeping of records by cannabis establishments;
- *AB322_R1* – 22 – (c) Minimum requirements for the keeping of records by cannabis establishments;
Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 678B.390 may be reduced over - *AB322* – 27 – time to ensure that the fees imposed pursuant to NRS 678B.390 are, insofar as may be practicable, revenue neutral;
Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 678B.390 may be reduced over time to ensure that the fees imposed pursuant to NRS 678B.390 are, insofar as may be practicable, revenue neutral;
Set forth rules pertaining to the safe and healthful operation of temporary cannabis events and portable cannabis vendor events, including, without limitation:
Set forth rules pertaining to the safe and healthful operation of temporary cannabis events, including, without limitation:
(a) Requirements for the testing, labeling and sale of cannabis and cannabis products at a temporary cannabis event or portable cannabis vendor event;
(a) Requirements for the testing, labeling and sale of cannabis and cannabis products at a temporary cannabis event;
and (b) Procedures and requirements for the collection and disposal of cannabis and cannabis products which are left at a temporary cannabis event or portable cannabis vendor event;
and (b) Procedures and requirements for the collection and disposal of cannabis and cannabis products which are left at a temporary cannabis event;
Sec.
- *AB322_R1* – 23 – Sec.
- *AB322* – 28 – (d) Possessing cannabis in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566:
(d) Possessing cannabis in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566:
For the purposes of sub-subparagraph (I) of subparagraph (1) of paragraph (d) of subsection 1, an area within a temporary cannabis event or portable cannabis vendor event that is designated for the consumption of cannabis or cannabis products is not a public place or a place open to the public or exposed to public view.
For the purposes of sub-subparagraph (I) of subparagraph (1) of paragraph (d) of subsection 1, an area within a temporary cannabis event that is designated for the consumption of cannabis - *AB322_R1* – 24 – or cannabis products is not a public place or a place open to the public or exposed to public view.
- *AB322* – 29 – (c) Aiding and abetting another in the possession, delivery or production of cannabis;
(c) Aiding and abetting another in the possession, delivery or production of cannabis;
(e) Cultivates, grows or produces not more than six cannabis plants:
- *AB322_R1* – 25 – (e) Cultivates, grows or produces not more than six cannabis plants:
- *AB322* – 30 – 4.
4.
Sec.
- *AB322_R1* – 26 – Sec.
- *AB322* – 31 – (1) If the possession of the cannabis or paraphernalia is discovered because the person engaged in the adult use of cannabis in:
(1) If the possession of the cannabis or paraphernalia is discovered because the person engaged in the adult use of cannabis in:
For the purposes of sub-subparagraph (I) of subparagraph (1) of paragraph (d) of subsection 1, an area within a temporary cannabis event or portable cannabis vendor event that is designated for the consumption of cannabis or cannabis products is not a public place or a place open to the public or exposed to public view.
For the purposes of sub-subparagraph (I) of subparagraph (1) of paragraph (d) of subsection 1, an area within a temporary cannabis event that is designated for the consumption of cannabis or cannabis products is not a public place or a place open to the public or exposed to public view.
(a) Cultivate cannabis within 25 miles of an adult-use cannabis retail store licensed pursuant to chapter 678B of NRS, unless the person is an adult-use cannabis cultivation facility or is a cannabis establishment agent volunteering at, employed by or providing labor to an adult-use cannabis cultivation facility;
- *AB322_R1* – 27 – (a) Cultivate cannabis within 25 miles of an adult-use cannabis retail store licensed pursuant to chapter 678B of NRS, unless the person is an adult-use cannabis cultivation facility or is a cannabis establishment agent volunteering at, employed by or providing labor to an adult-use cannabis cultivation facility;
- *AB322* – 32 – (a) For a first violation, a misdemeanor punished by a fine of not more than $600.
(a) For a first violation, a misdemeanor punished by a fine of not more than $600.
A person who knowingly gives cannabis to any person under 18 years of age or who knowingly leaves or deposits any cannabis in any place with the intent that it will be procured by any person under 18 years of age is guilty of a gross misdemeanor.
A person who knowingly gives cannabis to any person under 18 years of age or who knowingly leaves or deposits any cannabis in - *AB322_R1* – 28 – any place with the intent that it will be procured by any person under 18 years of age is guilty of a gross misdemeanor.
A person may smoke or otherwise consume cannabis or a cannabis product in an area within a temporary cannabis event or portable cannabis vendor event that is designated for the consumption of cannabis or cannabis products.
A person may smoke or otherwise consume cannabis or a cannabis product in an area within a temporary cannabis event that is designated for the consumption of cannabis or cannabis products.
NRS 678D.440 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
678D.440 1.
An adult-use cannabis distributor may transport cannabis and cannabis products between an adult-use cannabis establishment and another adult-use cannabis establishment or between the buildings of an adult-use cannabis establishment.
- *AB322* – 33 – 2.
An adult-use cannabis distributor may transport cannabis and cannabis products between an adult-use cannabis retail store and a temporary cannabis event.
3.
An adult-use cannabis establishment shall not transport cannabis or cannabis products to an adult-use cannabis retail store unless the adult-use cannabis establishment holds an adult-use cannabis establishment license for an adult-use cannabis distributor.
[3.] 4.
An adult-use cannabis distributor shall not purchase or sell cannabis or cannabis products unless the adult-use cannabis distributor also holds an adult-use cannabis establishment license for a type of adult-use cannabis establishment authorized by law to purchase or sell cannabis or cannabis products.
[4.] 5.
An adult-use cannabis distributor may enter into an agreement or contract with an adult-use cannabis establishment for the transport of cannabis or cannabis products.
Such an agreement or contract may include, without limitation, provisions relating to insurance coverage, climate control and theft by a third party or an employee.
[5.] 6.
An adult-use cannabis distributor, and each cannabis establishment agent employed by the adult-use cannabis distributor who is involved in the transportation, is responsible for cannabis and cannabis products once the adult-use cannabis distributor takes control of the cannabis or cannabis products and leaves the premises of an adult-use cannabis establishment [.
6.] or a temporary cannabis event.
7.
The Board may adopt regulations establishing additional requirements for the operations of an adult-use cannabis distributor.
Sec.
An excise tax is hereby imposed on each wholesale sale in this State of cannabis by a medical cannabis - *AB322* – 34 – cultivation facility to another cannabis establishment at the rate of 15 percent of the fair market value at wholesale of the cannabis.
An excise tax is hereby imposed on each wholesale sale in this State of cannabis by a medical cannabis cultivation facility to another cannabis establishment at the rate of 15 percent of the fair market value at wholesale of the cannabis.
4.
- *AB322_R1* – 29 – 4.
The Board shall, by regulation, determine the manner in which local governments may be reimbursed for the - *AB322* – 35 – costs of carrying out the provisions of chapters 678C and 678D of NRS.
The Board shall, by regulation, determine the manner in which local governments may be reimbursed for the costs of carrying out the provisions of chapters 678C and 678D of NRS.
The excise tax imposed pursuant to subsection 3 does not apply to a sale of cannabis or cannabis products by an adult-use cannabis retail store to a portable cannabis vendor for the purpose of resale.
9.
The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the public schools in this State.
The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the - *AB322_R1* – 30 – public schools in this State.
- *AB322* – 36 – (h) The money identified in paragraph (a) of subsection 2 of NRS 360.855;
(h) The money identified in paragraph (a) of subsection 2 of NRS 360.855;
(m) The money identified in paragraph (b) of subsection [3] 4 of NRS 678B.390;
(m) The money identified in paragraph (b) of subsection [3] 5 of NRS 678B.390;
(r) The portion of the net profits of the grantee of a franchise identified in NRS 709.270;
- *AB322_R1* – 31 – (r) The portion of the net profits of the grantee of a franchise identified in NRS 709.270;
The Superintendent of Public Instruction may create one or more accounts in the State Education Fund for the purpose of administering any money received from the Federal Government for the support of education and any State money required to be administered separately to satisfy any requirement imposed by the - *AB322* – 37 – Federal Government.
The Superintendent of Public Instruction may create one or more accounts in the State Education Fund for the purpose of administering any money received from the Federal Government for the support of education and any State money required to be administered separately to satisfy any requirement imposed by the Federal Government.
(b) A cannabis event organizer, as defined in section 2 of this act, that holds a temporary cannabis event, as defined in section 8 of this act, and whose activities are confined to those authorized in title 56 of NRS.
- *AB322_R1* – 32 – (b) A cannabis event organizer, as defined in section 2 of this act, that holds a temporary cannabis event, as defined in section 8 of this act, and whose activities are confined to those authorized in title 56 of NRS.
(c) A portable cannabis vendor, as defined in section 4 of this act, that holds a portable cannabis vendor event, as defined in section 5 of this act, and whose activities are confined to those authorized in title 56 of NRS.
Sec.
H - *AB322*
45.
1.
This section becomes effective upon passage and approval.
2.
Sections 1 to 44, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
and (b) On July 1, 2022, for all other purposes.
H - *AB322_R1*
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Action History

  1. (No further action taken.)

  2. From printer. To engrossment. Engrossed. First reprint. To committee.

  3. Read third time. Amended. (Amend. No. 395.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  4. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time.

  5. Notice of eligibility for exemption.

  6. From printer. To committee.

  7. Read first time. Referred to Committee on Revenue. To printer.

Sponsors

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Sponsors (3)

Co-sponsors (5)

Not signed on (59)

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors AB 322?
AB 322 is sponsored by González, Cecelia (Democratic), Flores, Edgar (Democratic), Miller, Brittney M. (Democratic), Monroe-Moreno, Daniele (Democratic), Clara Thomas, Torres-Fossett, Selena (Democratic), and Harris, Dallas.
What is the current status of AB 322?
This bill died with 2021 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 322?
Track AB 322 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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