AB 341 — Revises provisions relating to cannabis. (BDR 56-583)

Section 20 of this bill requires theSectionthe 25Board of this bill authorizes a retail cannabis consumption lounge to obtainadopt single-usecertain cannabisregulations productsconcerning from the adult-useoperation cannabis retail store to which the lounge is attached or adjacent and sell such products to customers of thecannabis lounge.consumption lounges.

Section 25 of this bill authorizes a retail cannabis consumption lounge to obtain single-use cannabis products from the adult-use cannabis retail store to which the lounge is attached or adjacent and sell such products to customers of the lounge.

Section 2627 of this bill requires an independent cannabis consumption lounge to allowenter into a contract with one or more adult-use cannabis retail stores to obtain single-use cannabis products tofor beresale deliveredand tocannabis aor customercannabis products for use in the lounge.preparation of ready-to-consume cannabis products.

Section 2627 alsoauthorizes prohibits, with certain exceptions, an independent cannabis consumption lounge fromthat acquiringhas orentered sellinginto cannabissuch ora cannabiscontract products.to:

submit(1) a request to the Board for an endorsement to sell single-use and ready-to- consume cannabis products to customers of the lounge.lounge;

Ifand the(2) Boardprepare approvesand suchsell aready-to-consume request,cannabis sectionproducts 27to authorizescustomers of the independentlounge. cannabis consumption lounge to:

(1)an enterincorporated intocity or a contracttown withboard onefrom licensing or moreotherwise adult-useallowing cannabisa retailperson stores to obtainoperate single-usea cannabisbusiness productsthat forallows resale and cannabis or cannabis products forto usebe inconsumed on the preparationpremises of ready-to-consumethe cannabisbusiness. products;

(2)(NRS sell244.335, single-use268.095, cannabis269.170) productsExisting tolaw customerseliminates ofthis theprohibition lounge;effective July 1, 2021.

and(Section (3)246 prepareof andchapter sell595, ready-to-consumeStatutes cannabisof productsNevada to2019, customersat page 3896) Sections 36.7 and 36.9 of this bill remove the lounge.prospective elimination of this prohibition.

SectionInstead, 30.5sections 30.6-30.9 of this bill establishesprohibit, provisionswith relatingcertain toexceptions, thesuch civila liabilitylocal government from licensing or otherwise allowing the operation of a personbusiness forthat damagesallows causedcannabis asor acannabis resultproducts ofto be consumed on the consumptionpremises of the cannabisbusiness, ortherother than a cannabis product,consumption whichlounge, arein basedaccordance onwith similarthe provisions of existingthis lawbill. concerning alcoholic beverages.

(NRS- 41.1305)81st ExistingSession law(2021) imposes– an4 excise– taxSection on30.5 eachof retailthis salebill establishes provisions relating to the civil liability of a person who serves, sells or furnishes cannabis or a cannabis productsproduct byto ananother adult-useperson for damages caused as a result of the consumption of the cannabis retailor store.alcoholic beverages.

(NRS 372A.290)41.1305)on Sectionsimilar 34provisions of thisexisting -law *AB341_R1*concerning –Existing 4law –imposes billan applies this excise tax toon each retail salessale of cannabis andor cannabis products by aan adult-use cannabis consumptionretail lounge.store.

(NRS 372A.290) Section 34 of this bill applies this excise tax to retail sales of cannabis and cannabis products by a cannabis consumption lounge.

Section 18 of this bill revises provisions of existing law prohibiting the consumption of cannabis and cannabis products in a public place or in a cannabis the establishment for the purpose of authorizing a person to engage in such activities in a cannabis consumption lounge.

(NRS 678B.510,678B.510) 678D.310) Existing law prohibitsprohibits, ain persongeneral, from opening or maintaining a place for the purposeconsumption of unlawfullycannabis selling,or givingcannabis awayproducts orin usinga anypublic controlledplace. substance.

(NRS activities678C.300, are678D.300, confined678D.310) toSection those12.9 authorized under the provisions of this bill fromauthorizes the applicationBoard ofto thisadopt provision.regulations setting forth circumstances under place.

SectionSections 36.520.5, 28.5 and 29 of this bill requiresrevise theprovisions Board,of onexisting orlawc beforeprohibiting Januarya 1,person 2023,from toconsuming submitcannabis toor thecannabis Legislatureproducts in a reportpublic containingplace certainfor information regarding the effectpurpose of certainauthorizing violationsa ofperson theto Nevadaengage Unfairin Tradesuch Practiceactivities Actin ona independentpublic canSectionsplace 2-5.5in andaccordance 9with ofthe thisregulations billadopted defineby wordsthe andBoard termspursuant applicable to thesection provisions12.9. of this bill.

SectionsHowever, 6section 12.9 also provides that the provisions of section 12.9 do not prohibit a local government from adopting and 32enforcing an ordinance or rule governing the consumption of thiscannabis billor makecannabis conformingproducts changesin toa properlypublic place newwhich languageis inmore restrictive than the Nevadaregulations Revisedadopted Statutes.by the Board.

SectionExisting 35law ofprohibits thisa billperson makesfrom aopening conformingor changemaintaining toa reflectplace for the additionpurpose of theunlawfully provisionsselling, ofgiving sectionaway 17.or using any controlled substance.

(NRS 453.316) Section 36 of this bill exempts from the application of this provision:

(1) a cannabis consumption lounge whose activities are confined to those authorized under the provisions of this bill;

and (2) any person who opens or maintains a products pursuant to regulations adopted by the Board pursuant to section 12.9 and whose activities are confined to those authorized by such regulations.

Section 36.3 of this bill requires the Board to provide each person who, on July 1, 2021, holds an adult-use cannabis establishment license for an adult-use cannabis retail store a written notification informing the person that the person may be eligible to hold an adult-use cannabis establishment license for a retail cannabis consumption lounge.

Section 36.5 of this bill requires the Board, on or before January 1, 2023, to submit to the Legislature a report containing certain information regarding the effect of certain violations of the Nevada Unfair Trade Practice Act on independent cannabis consumption lounges.

Sections 2-5.5 and 9 of this bill define words and terms applicable to the provisions of this bill.

Sections 6 and 32 of this bill make conforming changes to makes a conforming change to reflect the addition of the provisions of section 17.l - 81st Session (2021) – 5 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

and 3.cannabis products to be consumed on the premises of the business by persons 21 years of age or older.

Allows single-use cannabis products or ready-to-consume cannabis products to be consumed on the premises of the business by persons 21 years of age or older.

- *AB341_R1* – 5 – 2.

678A.010 NRSAs used in this title, unless the context otherwise requires, the words and terms defined in NRS 678A.020 - 81st Session (2021) – 6 – to 678A.240, inclusive, and sections 2 to 5.5, inclusive, of this act have the meanings ascribed to them in those sections.

6.

NRS 678A.010 is hereby amended to read as follows:

678A.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 678A.020 to 678A.240, inclusive, and sections 2 to 5.5, inclusive, of this act have the meanings ascribed to them in those sections.

Sec.

1.

An adult-use cannabis independent testing laboratory;

An adult-use cannabis cultivation facility;facility;aboratory;

Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 12,12.9, inclusive, of this act.

holds an adult-use cannabis establishment license is operational;t and (b)(c) The location of the proposed retail cannabis consumption lounge is attached or immediately adjacent to the adult-use cannabis retail store for which the applicant holds an adult-use cannabis establishment license.

- *AB341_R1* – 6 – 2.

The location of a proposed retail cannabis consumption loungelounge: is not subject to the restrictions set forth in sub- subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 678B.250 and must not be on the property of an airport.

(a) Except as otherwise provided in paragraph (b), is not subject to the restrictions set forth in sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 678B.250 so long as the adult-use cannabis retail store to which the proposed retail cannabis consumption lounge is to be attached or immediately adjacent was in compliance with such - 81st Session (2021) – 7 – requirements at the time it was issued an adult-use cannabis establishment license;

and (b) Must not be on the property of an airport.

The Board shall adopt regulations establishing criteria to be used by the Board for determining whether an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge qualifies as a social equity applicant for the purposes of this chapterchapter. and section 27 of this act.

3.must establish a minimum required score for the issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge.

The scoring guidelines established pursuant to subsection 1 must establish a minimum required score for the issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge.

(a) TheFor diversitya on the basis of race, ethnicity or gender of the applicant or the persons who are proposed to be owners or officers of the proposed retail cannabis consumption lounge or independent cannabis consumption lounge;lounge:

(b)(1) WhetherThe diversity on the basis of race, ethnicity or gender of the applicant qualifiesor asthe apersons socialwho equityare applicant,proposed ifto applicable;be owners or officers of the proposed independent cannabis consumption lounge;

and (c)(2) AnyWhether otherthe criteriaapplicant ofqualifies meritas thata thesocial Boardequity determinesapplicant; to be relevant.

and - *AB341_R1*81st Session (2021) – 78 – Sec.(b) Any other criteria of merit that the Board determines to be relevant.

Sec.

The Board shall givenot priorityissue to aany socialone equityperson applicantboth whenan processingadult-use applicationscannabis establishment license for an adult-use cannabis establishment license for an independent cannabis consumption loungelounge.shment andSec. in the issuance of such a license.

12.4.

1.

Except as otherwise provided in subsection 2, the Board shall not issue more than 20 adult-use cannabis establishment licenses for an independent cannabis consumption lounge.

2.

If, on or before June 30, 2022, the Board issues 20 adult- use cannabis establishment licenses for an independent cannabis consumption lounge, the Board may thereafter issue adult-use cannabis establishment licenses for independent cannabis consumption lounges in amounts that exceed the limit set forth in subsection 1, so long as the total number of such licenses issued by the Board does not, at any time, exceed the total number of adult-use cannabis establishment licenses for a retail cannabis consumption lounge issued by the Board.

3.

At least 10 of the first 20 adult-use cannabis establishment licenses for an independent cannabis consumption lounge issued by the Board must be issued to social equity applicants.

The boardBoard shall, for each local governmental jurisdiction that limits the number of business licenses which may be issued to cannabis consumption lounges, determine the number of licenses allocated to the jurisdiction for retail cannabis consumption lounges and independent cannabis consumption lou2.esNot more than 50 percent of the licenses allocated by the Board pursuant to subsection 1 may be issued to retail cannabis consumption lounges.

2.

Not more than 50 percent of the licenses allocated by the Board pursuant to subsection 1 may be issued to retail cannabis consumption lounges.

Except as otherwise provided in this subsection, at least 50 percent of the licenses allocated to a local governmental jurisdiction pursuant to subsection 1 must be issued to socialindependent equitycannabis applicants.consumption lounges.

At least 50 percent of the licenses issued to independent cannabis consumption lounges must be issued to social equity applicants.

- 81st Session (2021) – 9 – 4.

If the number of qualified applicants in a local governmental jurisdiction exceeds the number of licenses allocated to that jurisdiction pursuant to subsection 1, the Board shall issue adult-use cannabis establishment licenses for retail cannabis consumption lounges and independent cannabis consumption lounges in the local governmental jurisdiction to qualified applicants who are not social equity applicants using a separate lottery system for each type of license.

(a) More than one adult-use cannabis establishment license for an independent cannabis consumption lounge to aany person,one groupperson; or entity;

(b) More than one adult-use cannabis establishment license for a retail cannabis consumption lounge to aany person,one groupperson; or entity;

or (c) Both an adult-use cannabis establishment license for a retail cannabis consumption lounge and an adult-use cannabis establishment license for an independent cannabis consumption lounge to aany person,one groupperson. or entity.

The Board may approve a transfer of an adult-use cannabis establishment license for a retail cannabis consumption - *AB341_R1* – 8 – lounge or an independent cannabis consumption lounge to a person,person group of persons or entity that acquires a 100 percent ownership interest in a cannabis consumption lounge in a county in which the person,person group or entity holds another such license, if the transfer:

(a) Complies with all requirements for the transfer of a license established by the Board pursuant to NRS 678B.380;

and of a license (b) Will not result in the person,person groupholding more than two adult- use cannabis establishment licenses for a retail cannabis consumption lounge, adult-use cannabis establishment licenses for an independent cannabis lounge or entityany holding:combination of the two.

(1) Two or more adult-use cannabis establishment licenses for a retail cannabis consumption lounge;

(2) Two or more adult-use cannabis establishment licenses for an independent cannabis lounge;

or (3) Both:

(I) An adult-use cannabis establishment license for a retail cannabis consumption lounge and an adult-use cannabis establishment license for an independent cannabis consumption lounge;

and (II) Any additional adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge.

3.

A person, group of persons or entity that sells a 100 percent ownership interest in a cannabis consumption lounge may not subsequently apply for an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge for the county in which the ownership interest was sold.

12.9.

1.

The Board may adopt regulations setting forth circumstances under which a person is authorized to consume cannabis or cannabis products in a public place.

2.

Nothing in this section shall be construed as prohibiting a local government from adopting and enforcing an ordinance or rule governing the consumption of cannabis or cannabis products in a public place in the jurisdiction of the local government which is more restrictive than the regulations adopted by the Board pursuant to subsection 1.

- 81st Session (2021) – 10 – Sec.

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 9 of this act have the meanings ascribedascSec. to them in those sections.

Sec.13.5.hemNRS 678B.210 is hereby amended to read as follows:

13.5.

NRS 678B.210 is hereby amended to read as follows:

Except as otherwise provided in NRS 678B.220, 678B.230 and 678B.240, not later than 90 days after receiving an application to engage in the business of a medical cannabis establishment, the Board shall register the medical cannabis establishment and issue a - *AB341_R1* – 9 – medical cannabis establishment license and a random 20-digit alphanumeric identification number if:

(II) The physical address where the proposed medical cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated medical cannabis establishments, the locations of which may not be on the property of an airport, within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board or, if the proposed medical cannabis establishment will be located 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 - 81st Session (2021) – 11 – which the application for the proposed medical cannabis establishment was submitted to the Board;

(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;

establishment and complying with the (IV) Evidence that the applicant owns the property on which the proposed medical cannabis establishment will be located or has the written permission of the property owner to operate the proposed medical cannabis establishment on that property;

- *AB341_R1* – 10 – (3) Operating procedures consistent with rules of the Board for oversight of the proposed medical cannabis establishment, including, without limitation:

(4) If the proposed medical cannabis establishment will sell or deliver medicaltmedicalosecannabisl cannabiscproducts,staproposedt products,wioperating proposed operating procedures for handling such products which must be preapproved by the Board;

- 81st Session (2021) – 12 – (c) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have:

(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 revoked;

Except as otherwise provided in subsection 6, if an application for registration as a medical cannabis establishment satisfies the requirements of this section, is qualified in the - *AB341_R1* – 11 – determination of the Board pursuant to NRS 678B.200 and the establishment is not disqualified from being registered as a medical cannabis establishment pursuant to this section or other applicable law, the Board shall issue to the establishment a medical cannabis establishment license.

A medical cannabis establishment licenselicensebis expires 1 year after the date of issuance and may be renewed upon:

(b)- A81st publicSession park.(2021) – 13 – (c) A playground..

(c) A playground.

Except as otherwise provided in NRS 678B.260, 678B.270 and 678B.280, and sections 10,10 12,and 12.512 andto 12.712.7, inclusive, of this act, thean Boardapplicant shallif:issue issue an adult-use cannabis establishment license to an(a) applicantThe if: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:

- *AB341_R1* – 12 – (II) The physical address where the proposed adult-use cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated adult-use cannabis establishments, the locations of which may not be on the property of an airport, 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 adult-use cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board or, if the proposed adult-use cannabis establishment will be located 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 adult-use cannabis establishment was submitted to the Board;

- 81st Session (2021) – 14 – (III) Evidence that the applicant controls liquid assets in an amount determined by the Board to be sufficient to cover the initial expenses of opening the proposed adult-use cannabis establishment and complying with the provisions of this title;

(IV) Evidence that the applicant owns the property on which the proposed adult-use cannabis establishment will be located or has the written permission of the property owner to operate the proposed adult-use cannabis establishment on that property;

(4) If the proposed adult-use cannabis establishment will sell or deliver adult-use cannabis products, proposed operating procedures for handling such products which must be preapproved by the(5) Such other information as the Board;Board may require by regulation;

and - *AB341_R1* – 13 – (5) Such other information as the Board may require by regulation;

or - 81st Session (2021) – 15 – (3) Previously had a cannabis establishment agent registration card for a cannabis executive revoked;

and (d) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment areare4.ndeFor undereach 21person yearswho submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of age.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.

4.

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.

7.(2) of paragraph (a) of subsection 3, the distance must be measured from the front door of the proposed adult-use cannabis establishment to the closest point of the property line of a school, community facility or gaming establishment.

For the purposes of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the front door of the proposed adult-use cannabis - *AB341_R1* – 14 – establishment to the closest point of the property line of a school, community facility or gaming establishment.

Sec.- 81st Session (2021) – 16 – 678B.270 NRS1.

15.

NRS 678B.270 is hereby amended to read as follows:

678B.270 1.

In determining whether to issue an adult-use cannabis establishment license pursuant to NRS 678B.250, other than an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge, the Board shall, in addition to the factors set forth in that section, consider criteria of merit established bybyset regulation of the Board.

- *AB341_R1* – 15 – (c) The educational and life experience of the persons who are proposed to be owners, officers or board members of the proposed adult-useadu(d) Whether the applicant has an integrated plan for the care, quality and safekeeping of cannabis establishment;from seed to sale;

(d) Whether the applicant has an integrated plan for the care, quality and safekeeping of cannabis from seed to sale;

(f) The diversity on the basis of race, ethnicity or gender of the applicant or the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment, including, without limitation, the inclusion of persons of backgrounds- which81st areSession disproportionately(2021) underrepresented– as17 – owners, officers or board members of adult-use cannabiscannabised as establishments;

(d) An adult-use cannabis establishment license.

The Board shall adopt regulations which prescribe procedures and requirements by which a holder of a license , including, without limitation, the holder of an adult-use cannabis establishment license for an independent cannabis consumption lounge 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.

(a) Prohibit the holder of an adult-use cannabis establishment license for an independent cannabis consumption lounge who is a social equity applicant from transferring the license until at least 32 years from the date on which the independent cannabis consumption lounge for which the license was issued;issued became operational;

(b) Require the holder of an adult-use cannabis establishment license for an independent cannabis consumption lounge who is a social equity applicant and who wishes to cease operations before -the *AB341_R1*independent –cannabis 16consumption –lounge for which the holderlicense haswas heldissued thehas licensebeen operational for at least 32 years to surrender the license to the Board;Boa(c) Require the Board to hold a license surrendered pursuant to paragraph (b) in reserve for issuance to an applicant for such a license in the future.

and (c) Require the Board to hold a license surrendered pursuant to paragraph (b) in reserve for a future issuance to a social equity applicant.

- 81st Session (2021) – 18 – 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 facilityfacility......................................................3,000 ......................................................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 cannabiscannabis.................................1,000 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 - *AB341_R1* – 17 – For the renewal of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility ...................................$10,000.....................................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 - 81st Session (2021) – 19 – For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory..................15,000laboratory................$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 a retail cannabis consumption lounge ................................20,000................................10,000 For the renewal of an adult-use cannabis establishment license for a retail cannabis consumption lounge................................................10,000 For the initial issuance of an adult-use cannabis establishment license for an independent cannabis consumption lounge.............3,500lounge...........10,000 For an endorsement to an adult-use cannabis establishment license for an independent cannabis consumption lounge to engage in the sale of single-use cannabis products and ready-to-consume cannabis products.......................6,500 For the renewal of an adult-use cannabis establishment license for an independent cannabis consumption loungelounge................................10,000 without an endorsement to engage in the sale of single- use cannabis products and ready-to-consume cannabis products......................................................3,000 For the renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge with an endorsement to engage in the sale of single- use cannabis products and ready-to-consume cannabis products....................................................10,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis distributor..................................................15,000 - *AB341_R1* – 18 – For the renewal of an adult-use cannabis establishment license for an adult-use cannabis distributor..................................................$5,000distributor....................................................5,000 For each person identified in an application for the initial issuance of a cannabis establishment agent registration card............................150 ForForthe each person identified in an application for the renewal of a cannabis establishment agent registration card.............................................................150 2.

and (b) AnThe endorsementapplication tofee anset adult-useforth cannabis establishment license for an independent cannabis consumption lounge to engage in thesubsection sale3, of single-usefor cannabisa productssocial andequity ready-to-applicant. consume cannabis products;

and (c) The application fee set forth in subsection 3,  for a social equity applicant.

Except as otherwise provided in subsection 2, in addition to the fees described in subsection 1, each applicant for a medical - 81st Session (2021) – 20 – cannabis establishment license or adult-use cannabis establishment license must pay to the Board:

(a) A[A] For an application for a license other than an adult- use cannabis establishment license for a retail cannabis lounge, a one-time, nonrefundable application fee of $5,000;

and[and] (b) TheFor actualan costsapplication incurredfor byan theadult-use Boardcannabis inestablishment processinglicense thefor application,a including,retail withoutcannabis limitation,consumption conductinglounge, backgrounda checks.one-time, nonrefundable application fee of $100,000;

(c) For an application for an adult-use cannabis establishment license for an independent cannabis consumption lounge, a one- time, nonrefundable application fee of $10,000;

and (d) The actual costs incurred by the Board in processing the application, including, without limitation, conducting background checks.

17.5.

(Deleted by amendment.) Sec.

(a)(b) ForTo theensure oversightaccurate ofrecordkeeping. the cannabis establishment;

andestablishment; (b) To ensure accurate recordkeeping.

-and *AB341_R1* – 19 – 2.

- 81st Session (2021) – 21 – 3.

Except as otherwise provided in NRS 678D.400, all cultivation or production of cannabis that a cannabis 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 Board during the licensing process for the cannabis cultivation facility.

A cannabis establishment shall not dispense or otherwise sell cannabis or cannabis products from a vending machine or allow such a vending machine to be installed at the interior or exterior of the premises of the cannabis establishment.

As used in thisthisxterior of subsection, “vending machine” has the meaning ascribed to it in NRS 209.229.

- *AB341_R1* – 20 – Sec.

(b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such- an81st itemSession may(2021) appear– in22 the– logofacility ofwhich produced the product.of the cannabis production facility(c) whichAre producedregulated and sold on the product.basis of the concentration of THC in the products and not by weight.

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

(a) Is or appears to be a lollipop.

- *AB341_R1* – 21 – (2) A list of all ingredients used in the cannabis product;

andandct; (4) The total content of THC measured in milligrams.

(4) The total content of THC measured in milligrams.

- 81st Session (2021) – 23 – (e) Package all cannabis products produced by the cannabis production facility on the premises of the cannabis production facility.

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

(4) That the intoxicating effects of edible cannabis products may be delayed by 2 hours or more and users of edible cannabis products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;pro(5) That pregnant women should consult with a physician before ingesting cannabis or cannabis products;

(5) That pregnant women should consult with a physician before ingesting cannabis or cannabis products;

(7) That cannabis or cannabis products can impair concentration, coordination and judgment and a person should not - *AB341_R1* – 22 – operate a motor vehicle while under the influence of cannabis or cannabis products;

7.- 81st Session (2021) – 24 – least 21 years of age to enter the premises of the cannabis salest facility.

A cannabis sales facility shall allow any person who is at least 21 years of age to enter the premises of the cannabis sales facility.

(b) Any commodity or product containing cannabidiol with a THC concentration of not more than 0.3 percent;

andandiol with a (c) Any other product specified by regulation of the Board.

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

cannabis products by a person who is (b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that - *AB341_R1* – 23 – medium is reasonably expected to be persons who are less than 21 years of age.

(1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, - 81st Session (2021) – 25 – playground, public park or library was located within 1,000 feet of the location of the advertisement;

(3) At a sports event to which persons who are less than 21 years of age are allowed entry;

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

Nothing in subsection 11 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to cannabis which is more restrictive than the provisions of subsection 11 relating to:

(c) Any stationary or moving display that is located on or near the premises of a cannabis establishment;

andandis located on or near (d) The content of any advertisement used by a cannabis establishment if the ordinance sets forth specific prohibited content for such an advertisement.

If a cannabis establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the cannabis establishment shall maintain documentation for not less than 5 years after the date on which the advertisement is first broadcasted, published or otherwise displayed that demonstrates the manner in which the cannabis - *AB341_R1* – 24 – establishment determined the reasonably expected age of the audience for that advertisement.

To the extent that they are inconsistent or otherwise conflict with the regulations adopted by the Board pursuant to - 81st Session (2021) – 26 – section 28 of this act, the requirements of this section pertaining to cannabis products do not apply to ready-to-consume cannabis products prepared and sold by a cannabis consumption lounge.

In addition to any other penalties provided for by law, the Board may impose a civil penalty upon a cannabis establishment that violates the provisions of subsection 11 or 13 as follows:

Establish procedures for the suspension or revocation of a license or registration card or other disciplinary action to be taken againstaga3.st aSet licenseeforth orrules registrant;pertaining to the safe and healthful operation of cannabis establishments, including, without limitation:

3.

Set forth rules pertaining to the safe and healthful operation of cannabis establishments, including, without limitation:

(d) Provisions for the security of cannabis establishments, including without limitation, requirements for the protection by a - *AB341_R1* – 25 – fully operational security alarm system of each cannabis establishment;

and - 81st Session (2021) – 27 – (e) Procedures pursuant to which cannabis establishments must use the services of cannabis independent testing laboratories to ensure that any cannabis or cannabis product or commodity or product made from hemp, as defined in NRS 557.160, sold by a cannabis sales facility to an end user is tested for content, quality and potency in accordance with standards established by the Board;Board;ity 4.

4.

[and] 9.whether a person who holds an adult-use cannabis establishment license is ineligible to hold additional licenses pursuant to sections 12.3 and 12.7 of this act;

10.

(b) Procedures and requirements for the deliverycollection ofand adisposal single-of use cannabis productand tocannabis aproducts customerwhich inare anleft independentat a cannabis consumption lounge;

(c) Procedures and requirements(c) Requirements for the collectiontraining andof disposalemployees of a cannabis andconsumption cannabislounge productsin whichthe aresale leftand atsafe aconsumption of single- use cannabis consumptionproducts lounge;and ready-to-consume cannabis products;

and (d)- Requirements81st forSession the(2021) training– of28 employees– ofto acarry cannabisout consumption lounge in the saleprovisions and safe consumption of single-this usetitle.oard cannabisdeems productsnecessary andSec. ready-to-consume cannabis products;

and20.5. - *AB341_R1* – 26 – 10.

AddressNRS such678C.300 otheris mattershereby asamended the Board deems necessary to carryread outas thefollows: provisions of this title.

678C.300 1.

A person who holds a registry identification card or letter of approval issued to him or her pursuant to NRS 678C.230 or 678C.270 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts:

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

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

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

possessing paraphernalia in violation of NRS 453.560 or 453.566:

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

(I) [Any] Except as otherwise provided by regulations adopted by the Board pursuant to section 12.9 of this act, any public place or in any place open to the public or exposed to public view;

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

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

(e) Delivering cannabis to another person who he or she knows does not lawfully hold a registry identification card or letter of 678C.230 or 678C.270.e Division or its designee pursuant to NRS (f) Delivering cannabis for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 678C.230 or 678C.270.

2.

Except as otherwise provided in NRS 678C.240 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the - 81st Session (2021) – 29 – provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card or letter of approval for a period of up to 6 months.

3.

Nothing in the provisions of this chapter shall be construed relating to the adult use of cannabis.ons of chapter 678D of NRS 4.

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

(a) RequireInstall anya single-useventilation cannabisand productexhaust broughtsystem intowhich is capable of sufficiently expelling odors generated in the cannabis consumption loungelounge, byreducing avolatile customerorganic tocompounds beand containedmaintaining in the sealed,standards opaquefor packagingair quality in which the single-use cannabis productconsumption waslounge originallyas sold;set forth by regulation of the Board;

(b) RequireTrain aeach personemployee whoof wishesthe tocannabis bringconsumption lounge concerning paraphernalia, single-use cannabis products intoand theready-to-consume cannabis consumptionproducts, loungeincluding, to,without beforelimitation, entry,the submitproper eachuse of paraphernalia, the potency, absorption time and effects of single-use cannabis productand toproducts anand employeeready-to-consume forcannabis inspectionproducts, tothe ensurerecognition that:of impairment from and overconsumption of cannabis and the safe handling of a customer who is impaired;

(1)(c) TheSubmit single-usea security plan to the Board which, without cannabis productconsumption satisfieslounge and for each entrance and exit ofe the requirementscannabis ofconsumption thislounge subsection;to be adequately secured, and submit to the Board such updates to the plan as the Board may require;

(d) Submit a plan to the Board setting forth protocols and (2)procedures Theto persondeter iscustomers infrom compliancedriving withunder the legalinfluence limitsof oncannabis, and submit to the possessionBoard ofsuch cannabisupdates forto adult-usethe purposesplan as setthe forthBoard inmay NRSrequire; 678D.200;

(c)(e) InstallSubmit a ventilationplan andto exhaustthe systemBoard whichsetting isforth capableprotocols ofand sufficientlyprocedures expellingto odorsensure generatedthat incannabis theand cannabis consumptionproducts lounge,are reducingnot volatilesold organicor compoundsotherwise anddistributed maintainingin the standardscannabis forconsumption airlounge qualityother than as authorized in thethis cannabischapter, consumptionand loungesubmit asto setthe forthBoard bysuch regulationupdates ofto the Board;plan as the Board may require;

(d)- Train81st eachSession employee(2021) of– the30 cannabis– consumption(f) loungeDispose concerningof paraphernalia,cannabis single-useor cannabis products andwhich ready-to-consumeare cannabisleft products,at including, without limitation, the proper use of paraphernalia, the potency, absorption time and effects of single-use cannabis andconsumption productslounge andin ready-to-consumeaccordance cannabiswith products, the recognitionprocedures offor impairmentdisposal fromset andforth overconsumptionby of cannabis and the saferegulations handling of athe customerBoard; who is impaired;

(e)(g) SubmitComply awith securityall planlocal toordinances the Board which, without limitation, provides for adequate security and lightingrules; at the cannabis consumption lounge and for each entrance and exit of the cannabis consumption lounge to be adequately secured, and submit to the Board such updates to the plan as the Board may require;

(f)and Submitthe aBoard.ply planwith toany therequirements Boardset setting forth protocolsby andregulation procedures to deter customers from driving under the influence of cannabis,2. and submit to the Board such updates to the plan as the Board may require;

(g) Submit a plan to the Board setting forth protocols and procedures to ensure that cannabis and cannabis products are not sold or otherwise distributed in the cannabis consumption lounge - *AB341_R1* – 27 – other than as authorized in this chapter, and submit to the Board such updates to the plan as the Board may require;

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

(i) Comply with all local ordinances and rules pertaining to zoning, land use and signage;

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

2.

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

Sec.

and - *AB341_R1* – 28 – (c) Prepare ready-to-consume cannabis products using cannabis obtained pursuant to paragraph (a) and sell such products to customers of the cannabis consumption lounge.

- 81st Session (2021) – 31 – 2.

26.

1.

An independent cannabis consumption lounge shall allow single-use cannabis products sold by an adult-use cannabis retail store to be delivered to a customer in the independent cannabis consumption lounge.

Such a delivery must comply with the applicable requirements for the delivery of cannabis or cannabis products to a consumer set forth in this title and any other requirements the Board may establish by regulation.

2.

Except as otherwise provided in section 27 of this act, an independent cannabis consumption lounge shall not obtain from any source or sell cannabis or cannabis products.

Sec.

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

If(a) anSingle-use independent cannabis consumption lounge wishes to sell single-use cannabis products or ready-to-consume cannabis products to customers of the lounge, the independent cannabis consumption lounge must submit to the Board a request for an endorsement to the licensepurpose of theresale; independent cannabis consumption lounge to engage in such activities.

Suchand a(b) requestCannabis mustand beproducts accompaniedfor by the feepurpose setof forthpreparing inready- NRSto-consume 678B.390cannabis andproducts. include any information the Board may by regulation require.

IfAn theindependent Boardcannabis approvesconsumption alounge requestwhich submittedhas pursuantentered tointo subsectiona 1,contract thepursuant independentto cannabissubsection consumption1 lounge may:

(a) EnterSell intosingle-use acannabis contractproducts withobtained onepursuant orto moresubsection adult-use1 cannabis retail stores to sellcustomers toof the independent cannabis consumption lounge:lounge;

(1)and Single-use(b) Prepare ready-to-consume cannabis products forusing thecannabis purposeand cannabis products obtained pursuant to subsection 1 and sell such products to customers of resale;the independent cannabis consumption lounge.

and (2) Cannabis and products for the purpose of preparing ready-to-consume cannabis products;

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

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

TheAn Boardindependent cannabis consumption lounge shall adoptensure regulationsthat governingonly thesingle-use mannercannabis inproducts whichor theready-to-consume Boardcannabis willproducts acceptthat andwere evaluatepurchased requestsfrom submittedthe -independent *AB341_R1*cannabis –consumption 29lounge –are pursuantconsumed toin subsectionthe 1.lounge.

The4. regulations must prescribe, without limitation:

(a) The requiredBoard contentsmay ofrequire suchan aindependent request;cannabis subsection 1 to the Board for review.ct entered into pursuant to Sec.

(b) Procedures for the submission and evaluation of such a request;

and (c) The criteria by which the Board will evaluate such a request, which may include, without limitation:

(1) Whether the requestor holds an additional adult-use cannabis establishment license for another type of cannabis establishment;

(2) Whether the requestor is a social equity applicant;

and (3) Whether the requestor has previously been subject to disciplinary action by the Board.

Sec.

Prescribe procedures and protocols for the preparation and safe handling of ready-to-consume cannabis products to ensure - 81st Session (2021) – 32 – that each such prepared product meets the standards established pursuant to subsection 1;

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

andandprovided to a 5.

28.5.

NRS 678D.300 is hereby amended to read as follows:

678D.300 1.

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

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

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

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

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

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

adopted by the Board pursuant to section 12.9 of this act, anys public place or in any place open to the public or exposed to public view;

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

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

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

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

- 81st Session (2021) – 33 – (2) The person demanded and was shown bona fide documentary evidence of the age and identity of the recipient issued by a federal, state, county or municipal government, or subdivision or agency thereof.

of any public school described in NRS 388.020 and any privategrounds school as defined in NRS 394.103.

Sec.

- *AB341_R1* – 30 – (b) Cultivate cannabis plants where they are visible from a public place by normal unaided vision;

(d)3.) ForF[A] aExcept fourthas orotherwise subsequentprovided violation,in asubsection category9 Eor felony.byny.

3.regulations adopted by the Board pursuant to section 12.9 of this act, a person who smokes or otherwise consumes cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle is guilty of a misdemeanor punished by a fine of not more than $600.

[A] Except as otherwise provided in subsection 9, a person who smokes or otherwise consumes cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle is guilty of a misdemeanor punished by a fine of not more than $600.

- 81st Session (2021) – 34 – 6.

A person who manufactures cannabis by chemical extraction or chemical synthesis, unless done pursuant to an adult-use cannabis establishment license for an adult-use cannabis production facility issued by the Board or authorized by this title, is guilty of a category E felony.f7.onA person who knowingly gives cannabis or a cannabis product to any person under 21 years of age or who knowingly leaves or deposits any cannabis or cannabis product in any place with the intent that it will be procured by any person under 21 years of age is guilty of a misdemeanor.

7.

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

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.

- *AB341_R1* – 31 – Sec.

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

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

To the extent that they are inconsistent or otherwise conflict with the regulations adopted by the Board pursuant to - 81st Session (2021) – 35 – section 28 of this act, the requirements of this section do not apply to a ready-to-consume cannabis product prepared and sold by a cannabis consumption lounge.

30.3.

NRS 678D.510 is hereby amended to read as fol678D.510 1.

The provisions of this chapter do not prohibit:

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

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

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

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

2.

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

Sec.

1.or a cannabis product to another person who is 21 years of age ors older is not liable in a civil action for any damages caused by the person to whom the cannabis or cannabis product was served, sold or furnished as a result of the consumption of the cannabis or cannabis product.

A person who serves, sells or otherwise furnishes cannabis or a cannabis product to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the cannabis or cannabis product was served, sold or furnished as a result of the consumption of the cannabis or cannabis product.

or (b) Knowingly allows an underage person to consume cannabis or a cannabis product on premises or in a conveyance belonging to the person or over which the person has control, - *AB341_R1* – 32 –  is liable in a civil action for any damages caused by the underage person as a result of the consumption of the cannabis or cannabis product.

- 81st Session (2021) – 36 – 3.

The liability created pursuant to subsection 2 does not apply to a person who is licensed to serve, sell or furnish cannabis or cannabis products or to a person who is an employee or agent of such a person for any act or failure to act that occurs during the course of business or employment and any such act or failure to act may not be used to establish proximate cause in a civilcivilre action and does not constitute negligence per se.

30.6.

NRS 244.335 is hereby amended to read as follows:

244.335 1.

Except as otherwise provided in subsections 2, 3, and 9, and NRS 244.33501, 244.35253 and 244.3535, a board of county commissioners may:

(a) Except as otherwise provided in NRS 244.331 to 244.3345, inclusive, 598D.150 and 640C.100, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

2.

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

The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

3.

A board of county commissioners shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in - 81st Session (2021) – 37 – classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

4.

The board of county commissioners or county license board shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional.

As used in this subsection, “professional” means a person who:

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

and (b) Practices his or her profession for any type of compensation as an employee.

5.

The county license board shall provide upon request an application for a state business license pursuant to chapter 76 of NRS.

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

with the provisions of chapter 76 of NRS;

or business has complied (b) Provides to the county license board the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

6.

No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license:

(a) Presents written evidence that:

(1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name;

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

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

7.

Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid.

The lien has the same priority as a lien for general taxes.

The lien must be enforced:

- 81st Session (2021) – 38 – months after the date on which the tax became delinquent or wasn 6 otherwise determined to be due and owing, a notice of the tax lien containing the following:

(1) The amount of tax due and the appropriate year;

(2) The name of the record owner of the property;

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

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

and (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

8.

The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid.

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

9.

[A] Except as otherwise provided by regulations adopted by the Cannabis Compliance Board pursuant to section 12.9 of this act, a board of county commissioners shall not license or otherwise allow a person to operate a business that allows cannabis, as defined in NRS 678A.085, or cannabis products, as defined in NRS 678A.120, to be consumed on the premises of the business [.] , - 81st Session (2021) – 39 – of this act, in accordance with the provisions of chapter 678B of NRS.

Sec.

30.7.

NRS 268.095 is hereby amended to read as follows:

268.095 1.

Except as otherwise provided in subsections 4 and and NRS 268.0951, 268.0977 and 268.0979, the city council or other governing body of each incorporated city in this State, whether organized under general law or special charter, may:

(a) Except as otherwise provided in subsection 2 and NRS 268.0968 and 576.128, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

(b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

(1) As a pledge as additional security for the payment of any 244A.655, inclusive;onds issued pursuant to NRS 244A.597 to (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

(5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive;

and (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

(c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the a purpose authorized by the laws of this State.ssued by the city for (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

(1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the laws of this State;

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

and - 81st Session (2021) – 40 – may be used.or any other purpose for which other money of the city 2.

The city council or other governing body of an incorporated city shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

3.

The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

4.

The city council or other governing body of an incorporated city shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional.

As used in this subsection, “professional” means a person who:

(a) Holds a license, certificate, registration, permit or similar NRS 622.060 or who is regulated pursuant to the Nevada Supremen Court Rules;

and (b) Practices his or her profession for any type of compensation as an employee.

5.

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

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

(a) Signs an affidavit affirming that the business has complied with the provisions of chapter 76 of NRS;

or (b) Provides to the city licensing agency the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

personal property may be granted unless the applicant for theble license:

(a) Presents written evidence that:

(1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name;

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

or - 81st Session (2021) – 41 – identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

7.

Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid.

The lien has the same priority as a lien for general taxes.

The lien must be enforced:

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

(1) The amount of tax due and the appropriate year;

(2) The name of the record owner of the property;

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

and county commissioners or the county fair and recreation board;

andof (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

8.

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

If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid.

Except as otherwise provided in NRS 239.0115 and 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the the payment of those license taxes or as the result of any audit orof examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.

Continuing disclosure may be so authorized under - 81st Session (2021) – 42 – an agreement with the Department of Taxation or the Secretary of State for the exchange of information concerning taxpayers.

9.

[The] Except as otherwise provided by regulations adopted by the Cannabis Compliance Board pursuant to section 12.9 of city shall not license or otherwise allow a person to operate aorated business that allows cannabis, as defined in NRS 678A.085, or cannabis products, as defined in NRS 678A.120, to be consumed on the premises of the business [.] , other than a cannabis consumption lounge, as defined in section 2 of this act, in accordance with the provisions of chapter 678B of NRS.

10.

The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law.

No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

Sec.

30.9.

NRS 269.170 is hereby amended to read as follows:

269.170 1.

Except as otherwise provided in subsections 5, 6 and 7 and NRS 576.128, 598D.150 and 640C.100, the town board or board of county commissioners may, in any unincorporated town:

(a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person so licensed, and all places of business and amusement so licensed, as follows:

(1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks manufacturers of soap, soda, borax or glue, markets, newspapereryards, publishers, pawnbrokers, funeral directors and wood and coal dealers.

(2) Bootmakers, cobblers, dressmakers, milliners, shoemakers and tailors.

(3) Boardinghouses, hotels, lodging houses, restaurants and refreshment saloons.

(4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.

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

(6) Corrals, hay yards, livery and sale stables and wagon yards.

- 81st Session (2021) – 43 – power companies, telegraph companies, telephone companies ands, water companies.

(8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

(9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants, traders and stockbrokers.

(10) Drummers, hawkers, peddlers and solicitors.

(11) Insurance analysts, adjusters and managing general agents and producers of insurance within the limitations and under the conditions prescribed in NRS 680B.020.

(b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).

2.

No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

(a) The Department of Taxation has issued or will issue a permit name;

or activity, and this evidence clearly identifies the business by (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

3.

Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid.

The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property.

The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.

4.

The governing body or the county fair and recreation board may agree with the Department of Taxation for the continuing exchange of information concerning taxpayers.

5.

The town board or board of county commissioners shall not require a person to obtain a license or pay a license tax on the sole “professional” means a person who:ional.

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

and (b) Practices his or her profession for any type of compensation as an employee.

6.

The town board or board of county commissioners shall not require a person to obtain a license or pay a license tax pursuant to - 81st Session (2021) – 44 – this section for a cannabis establishment, as defined in NRS 678A.095.

7.

[The] Except as otherwise provided by regulations adopted by the Cannabis Compliance Board pursuant to section 12.9 of license or otherwise allow a person to operate a business that allows cannabis, as defined in NRS 678A.085, or cannabis products, as defined in NRS 678A.120, to be consumed on the premises of the business [.] , other than a cannabis consumption lounge, as defined in section 2 of this act, in accordance with the provisions of chapter 678B of NRS.

Sec.

372A.290wholesale 1.sale in this State of cannabis by a medical cannabis cultivation facility to another cannabis establishment at the rate of 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.

An excise tax is hereby imposed on each wholesale sale in this State of cannabis by an adult-use cannabis cultivation facility to - *AB341_R1* – 33 – 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 retail sale in this State of cannabis or cannabis products by an adult-use cannabis retail store or cannabis consumption lounge at the rate of 10 - 81st Session (2021) – 45 – percent of the sales price of the cannabis or cannabis products.

(b) Is separate from and in addition to any general state and local sales and use taxes that apply to retail sales of tangible personal property.

For the purpose of subsections 4 and 5, a total amount of $5,000,000 of the revenues collected from the excise tax imposed pursuant to subsection 1 and the excise tax imposed pursuant to subsection 2 in each fiscal year shall be deemed sufficient to pay the costs of all local governments to carry out the provisions of chapters 678C and 678D of NRS.

- *AB341_R1* – 34 – (a) “Adult-use cannabis cultivation facility” has the meaning ascribed to it in NRS 678A.025.

(c)]- “Cannabis81st Session (2021) – 46 – NRS 678A120.nabis product” has the meaning ascribed to it in [(d)] (c) “Local government” has the meaning ascribed to it in NRS 678A120.360.640.

[(d)] (c) “Local government” has the meaning ascribed to it in NRS 360.640.

(a)School AllFund, moneyas derivedprovided fromin interestNRS on387.030;n the State Permanent School(b) Fund,The asproceeds providedof inthe tax imposed pursuant to NRS 387.030;244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;

(b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;

(h) The money identified in paragraph (a) of subsection 2 of NRS(i) The money required to be paid over to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 4 of NRS 360.855;362.170;

(i) The money required to be paid over to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 4 of NRS 362.170;

- *AB341_R1* – 35 – (k) The proceeds of the tax imposed pursuant to subsection 3 of NRS 372A.290;

(l)- The81st proceedsSession of(2021) the– fees,47 taxes,– interest and penalties imposed pursuant to chapter 374 of NRS, as transferred pursuant to subsection 3 of NRS 374.785;

and (s) The direct legislative appropriation from the State General Fun3.reqIn addition to money from any other source provided by law, support for the State Education Fund requiredmust be provided by subsectiondirect 3.legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.

3.

In addition to money from any other source provided by law, support for the State Education Fund must be provided by direct legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.

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.

- *AB341_R1*81st Session (2021) – 3648 – Sec.

A person who opens or maintains any place for the purpose of unlawfully selling, giving away or using any controlled substance is guilty of a category C felony and shall be pun2.heIf a person convicted of violating this section has previously been convicted of violating this section, or if, in the case of a first conviction of violating this section, the person has been convicted of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under this section, the person is guilty of a category B felony and shall be punished asby providedimprisonment in NRSthe 193.130.state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000.

2.

If a person convicted of violating this section has previously been convicted of violating this section, or if, in the case of a first conviction of violating this section, the person has been convicted of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under this section, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000.

(b) Any cannabis consumption lounge, as defined in section 2 of this act, whose activities are confined to those authorized in title 56 of NRS.

(c) Any person who opens or maintains any public place in which a person is authorized to consume cannabis, as defined in NRS 678A.085, or cannabis products, as defined in NRS 678A.120, pursuant to regulations adopted by the Cannabis Compliance Board pursuant to section 12.9 of this act, and whose activities are confined to those authorized by such regulations.

2019, at page 3896, is hereby amended to read as follows:evada Sec.

246.

1.

This section and sections 199.3, 216.3 and 239.5 of this act become effective upon passage and approval.

2.

Sections 197.5 and 198.5 of this act become effective upon passage and approval .

[and expire by limitation on June 30, 2021.] 3.

Section 216.7 of this act becomes effective on November 23, 2019.

4.

Sections 1 to 197, inclusive, 198, 199, 199.5, 201 to 216, inclusive, 217 to 239, inclusive, and 240 to 245, inclusive, of this act become effective:

(a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory - 81st Session (2021) – 49 – tasks that are necessary to carry out the provisions of this act;