Amendment vs bill Amendment 322 vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Assembly Bill No.
Session (81st) A AB341 322 Amendment No.
341–Assemblyman Yeager CHAPTER..........
322 Assembly Amendment to Assembly Bill No.
341 (BDR 56-583) Proposed by:
Assembly Committee on Judiciary Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the 2/3s majority vote requirement for final passage of A.B.
341 (§§ 17, 27, 34).
ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
SJQ/AAK - Date:
4/19/2021 A.B.
No.
341—Provides for the licensure and regulation of cannabis consumption lounges.
(BDR 56-583) Page 1 of 29 *A_AB341_322* Assembly Amendment No.
322 to Assembly Bill No.
341 Page 3 ASSEMBLY B ILLN O.
341–A SSEMBLYMAN Y EAGER M ARCH 19,2021 _______________ Referred to Committee on Judiciary SUMMARY—Provides for the licensure and regulation of cannabis consumption lounges.
(BDR 56-583) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
exempting certain persons from certain provisions prohibiting a person from maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance;
exempting a cannabis consumption lounge from certain provisions prohibiting a person from maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance;
(Title 56 of NRS) Under existing law, a cannabis establishment is prohibited from allowing a person to consume cannabis on the property or premises of the consume cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle.
(Title 56 of NRS) Under existing law, a cannabis establishment is prohibited from allowing a person to consume cannabis on the property or premises of the establishment.
(NRS 678B.510) Existing law also makes it a misdemeanor to consume cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle.
Section 2 of this bill designates such businesses generally as “cannabis consumption lounges.” Sections 3 and 5 of this bill designate two types of cannabis consumption mean a business at which the consumption of single-use or ready-to-consumee” to cannabis products is allowed and which is attached or immediately adjacent to an adult-use cannabis retail store.
Section 2 of this bill designates such businesses generally as “cannabis consumption lounges.” Section 5 of this bill defines “retail cannabis consumption lounge” to mean a business at which the consumption of single-use or ready-to-consume cannabis [or cannabis] products is allowed and which is attached or immediately adjacent to an adult-use cannabis retail store.
Section 3 of this bill defines “independent cannabis consumption lounge” to mean a business at which the consumption of single-use or ready-to-consume cannabis products is allowed and which is not attached or immediately adjacent to an adult-use cannabis retail store.
Section 3 of this bill defines “independent cannabis consumption lounge” to mean a business at which the consumption of single-use or ready-to-consume cannabis [or cannabis] products Assembly Amendment No.
a type of cannabis or adult-use cannabis product that the Board has determined toean be appropriate for consumption in a cannabis consumption lounge.
322 to Assembly Bill No.
Section 4 of this bill defines “ready-to-consume cannabis product” to mean an adult-use edible cannabis product that is presented as a foodstuff or beverage and is intended for immediate consumption.
341 Page 4 is allowed and which is not attached or immediately adjacent to an adult-use cannabis retail store.
Section 28 of this bill requires the Board to adopt cannabis products and establishing requirements for the preparation and sale of - 81st Session (2021) – 2 – ready-to-consume cannabis products.
Section 5.5 of this bill defines “single-use cannabis product” to generally mean a type of cannabis or adult-use cannabis product that the Board has determined to be appropriate for consumption in a cannabis consumption lounge.
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Section 4 of this bill defines “ready-to-consume cannabis product” to mean an adult-use edible cannabis consumption.
Section 28 of this bill requires the Board to adopt regulations designating types of cannabis and cannabis products as single-use cannabis products and establishing requirements for the preparation and sale of ready-to-consume cannabis products.
Existing law prohibits a person from engaging in the business of an adult-use cannabis establishment unless the person has been issued an adult-use cannabis obtain such a license.
Existing law prohibits a person from engaging in the business of an adult-use cannabis establishment unless the person has been issued an adult-use cannabis establishment license by the Board.
(NRS 678B.250) Section 7 of this bill includes a retailts to cannabis consumption lounge and an independent cannabis consumption lounge within the definition of “adult-use cannabis establishment” provided under existing law, thereby requiring persons who wish to operate such establishments to obtain an adult-use cannabis establishment license in the manner provided in existing law.
Existing law sets forth certain requirements to obtain such a license.
(NRS 678A.035) Sections 13.5 and 14 of this a bill prohibit a cannabis establishment, including a cannabis consumption lounge, from being located on the property of an airport.
(NRS 678B.250) Section 7 of this bill includes a retail cannabis consumption lounge and an independent cannabis consumption lounge within the definition of “adult-use cannabis establishment” provided under existing law, thereby requiring persons who wish to operate provided in existing law.
(NRS 678A.035)se cannabis establishment license in the manner Sections 13.5 and 14 of this a bill prohibit a cannabis establishment, including a cannabis consumption lounge, from being located on the property of an airport.
(1) the applicant holds an adult-use cannabis establishment license for an adult-use cannabis retail store which is operational;
(1) the applicant holds an adult-use cannabis establishment license for an adult-use cannabis retail store;
Sections 10 and 14 of this bill exempt a proposed retail cannabis consumption lounge from certain restrictions relating to the location of an adult-use cannabis establishment.
Sections 10 and 14 of this bill exempt a proposed retail cannabis consumption lounge from certain restrictions relating to the location of an adult-use cannabis establishment .
criteria to determine 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, which is defined by section 9 of this bill generally as an applicant that has been adversely affected by previous laws that criminalized activity relating to cannabis.
[under certain circumstances.] Section 11 of this bill requires the Board to adopt regulations establishing criteria to determine whether an applicant for the issuance or renewal of an adult-use cannabis establishment license for [a retail cannabis consumption lounge or] an independent cannabis this bill generally as an applicant that has been adversely affected by previous laws thatf criminalized activity relating to cannabis.
Section 12 of this bill requires the Board to adopt regulations establishing criteria of merit and scoring guidelines to be used in evaluating applications for an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge.
Section 12 of this bill requires the Board to adopt regulations establishing criteria of merit and scoring guidelines to be used in evaluating applications for [such licenses and requires the Board to give an additional positive weight to social equity applicants.] an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge.
Section 17 of this bill establishes fees for the issuance and renewal of such licenses.
Section 17 of this bill [requires the Board to establish] establishes fees for the issuance and renewal of such licenses .
Section 17 authorizes the Board to reduce certain fees associated with an adult-use cannabis establishment license for an independent cannabis consumption lounge for social equity applicants.
[and] Section 17 authorizes the Board to [establish reduced] reduce certain fees [for] associated with an adult-use cannabis establishment license for an independent cannabis consumption lounge for social equity applicants.
Section 12.4 of this bill prohibits the Board, with certain exceptions, from issuing more than 20 adult-use cannabis establishment licenses for an independent cannabis consumption lounge.
Section 12.5 of this bill sets forth certain requirements for the issuance of adult-use cannabis establishment licenses for retail cannabis consumption lounges and limits the number of business licenses issued to cannabis consumption lounges, which include, among other requirements, that a certain number of adult-use cannabis establishment licenses for independent cannabis consumption lounges be issued to social equity applicants.
However, if on or before June 30, 2022, the Board issues 20 such licenses, section 12.4 authorizes the Board to issue additional for an independent cannabis consumption lounge does not, at any time, exceed thees number of adult-use cannabis establishment licenses for a retail cannabis consumption lounge issued by the Board.
Existing law prohibits the Board from issuing more than a certain number of adult-use cannabis establishment licenses to any one person, group or entity in certain counties.
Section 12.4 also requires that at least 10 of the first 20 adult-use cannabis establishment licenses for an independent cannabis consumption lounge issued by the Board be issued to social equity applicants.
(NRS 678B.270) Section 15 of this bill provides that this prohibition does not apply to adult-use cannabis establishment licenses for retail cannabis consumption lounges or independent cannabis consumption lounges.
Section 12.5 of this bill sets forth certain requirements for the issuance of adult-use cannabis establishment licenses for retail cannabis consumption lounges and independent cannabis consumption lounges in a local governmental jurisdiction that limits the number of business licenses issued to cannabis consumption lounges, which include, among other requirements, that a certain - 81st Session (2021) – 3 – number of adult-use cannabis establishment licenses for independent cannabis consumption lounges be issued to social equity applicants.
Instead, section 12.7 of this bill generally prohibits the Board from issuing more than one such license to any person, group of persons or entity Assembly Amendment No.
Existing law prohibits the Board from issuing more than a certain number of adult-use cannabis establishment licenses to any one person, group of persons or entity in certain counties.
322 to Assembly Bill No.
(NRS 678B.270) Section 15 of this bill provides that this prohibition does not apply to adult-use cannabis establishment licenses for retail Instead, section 12.7 of this bill generally prohibits the Board from issuing more than one such license to any one person.
341 Page 5 in any county.
Section 12.3 of this bill prohibits the Board from issuing to any one person both an adult-use cannabis establishment license for an adult-use cannabis retail store and an adult-use cannabis establishment license for an independent cannabis consumption lounge.
Section 20 of this bill requires the Board to adopt regulations prescribing the manner in which it will determine 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.
(NRS 678B.380) Section 16.5 of this bill requires those regulations to impose certain requirements and restrictions on the transfer an adult-use cannabis establishment license for an independent cannabis consumption lounge.
(NRS 678B.380) Section 16.5 of this bill requires those regulations to impose certain requirements and restrictions on the transfer an adult-use cannabis establishment license for an independent cannabis consumption lounge for a holdSections 22 and 24 of this bill set forth certain requirements and restrictions relating to the operation of a cannabis consumption lounge.
Sections 22 and 24 of this bill set forth certain requirements and restrictions relating to the operation of a cannabis consumption lounge.
Section 24 prohibits, among other things, the consumption of any cannabis or cannabis product at a cannabis consumption lounge that is not a single-use cannabis product or ready-to-consume cannabis product.
Section 24 prohibits, cannabis consumption lounge that is not a single-use cannabis product or ready-to- consume cannabis product.
Section 20 requires the Board to adopt certain regulations concerning the operation of cannabis consumption lounges.
Section 20 of this bill requires the Board to adopt certain regulations concerning cannabis 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 25 of this bill authorizes a retail cannabis consumption lounge to obtain single- use cannabis [or 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 27 of this bill requires an independent cannabis consumption lounge to enter into a contract with one or more adult-use cannabis retail stores to obtain single-use cannabis products for resale and cannabis or cannabis products for use in the preparation of ready-to-consume cannabis products.
[ Section 4 of this bill defines “ready-to-consume cannabis product” to mean an adult-use immediate consumption.
Section 27 authorizes an independent cannabis consumption lounge that has entered into such a contract to:
Section 28 of this bill requires the Board to adopt regulationsor establishing requirements for the preparation and sale of such products.
(1) sell single-use cannabis products to customers of the lounge;
Sections 19 and 30 of this bill provide that certain requirements for cannabis products established under existing law do not apply to ready-to-consume cannabis products to the extent that such requirements are inconsistent with the regulations adopted by the Board.] Section 26 of this bill requires an independent cannabis consumption lounge to allow single-use cannabis [or cannabis] products to be delivered to a customer in the lounge.
and (2) prepare and sell ready-to-consume cannabis products to customers of the lounge.
Section 26 also prohibits, with certain exceptions, an independent cannabis consumption lounge from acquiring or selling cannabis or cannabis products.
an incorporated city or a town board from licensing or otherwise allowing a person to operate a business that allows cannabis or cannabis products to be consumed on the premises of the business.
Section 27 of this bill authorizes an independent cannabis consumption lounge to submit a request to the Board for an endorsement to sell single-use and ready-to-consume cannabis [or cannabis] products to customers of the lounge.
(NRS 244.335, 268.095, 269.170) Existing law eliminates this prohibition effective July 1, 2021.
If the Board approves such a request, section 27 authorizes the independent cannabis consumption lounge to:
(Section 246 of chapter 595, Statutes of Nevada 2019, at page 3896) Sections 36.7 and 36.9 of this bill remove the prospective elimination of this prohibition.
(1) enter into a contract with one or more adult- cannabis products for [resale;] for use in the preparation of ready-to-consume cannabisis or products;
Instead, sections 30.6-30.9 of this bill prohibit, with certain exceptions, such a local government from licensing or otherwise allowing the operation of a business that allows cannabis or cannabis products to be consumed on the premises of the business, other than a cannabis consumption lounge, in accordance with the provisions of this bill.
(2) sell single-use cannabis [or cannabis] products to customers of the lounge;
- 81st Session (2021) – 4 – Section 30.5 of this bill establishes provisions relating to the civil liability of a person who serves, sells or furnishes cannabis or a cannabis product to another person for damages caused as a result of the consumption of the cannabis or alcoholic beverages.
and (3) prepare and sell ready-to-consume cannabis products to customers of the lounge.
(NRS 41.1305)on similar provisions of existing law concerning Existing law imposes an excise tax on each retail sale of cannabis or cannabis products by an adult-use cannabis retail store.
Section 30.5 of this bill establishes provisions relating to the civil liability of a person who serves, sells or furnishes cannabis or a cannabis product to another person for damages caused as a result of the consumption of the cannabis or cannabis product, which are based on similar provisions of existing law concerning alcoholic beverages.
(NRS 41.1305) Existing law imposes an excise tax on each retail sale of cannabis or cannabis products by an adult-use cannabis retail store.
Section 18 of this bill revises provisions of existing law prohibiting the consumption of cannabis and cannabis products in a cannabis establishment for the purpose of authorizing a person to engage in such activities in a cannabis consumption lounge.
consumption of cannabis and cannabis products in a public place or in a cannabisg the establishment for the purpose of authorizing a person to engage in such activities in a cannabis consumption lounge.
(NRS 678B.510) Existing law prohibits, in general, the consumption of cannabis or cannabis products in a public place.
(NRS 678B.510, 678D.310) Existing law prohibits a person from opening or maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance.
(NRS 678C.300, 678D.300, 678D.310) Section 12.9 of this bill authorizes the Board to adopt regulations setting forth circumstances under place.
(NRS 453.316) Section 36 of this bill exempts a cannabis consumption lounge whose activities are confined to those authorized under the provisions of this bill from the application of this provision.
Sections 20.5, 28.5 and 29 of this bill revise provisions of existing lawc prohibiting a person from consuming cannabis or cannabis products in a public place for the purpose of authorizing a person to engage in such activities in a public place in accordance with the regulations adopted by the Board pursuant to section 12.9.
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 Assembly Amendment No.
However, section 12.9 also provides that the provisions of section 12.9 do not prohibit a local government from adopting and enforcing an ordinance or rule governing the consumption of cannabis or cannabis products in a public place which is more restrictive than the regulations adopted by the Board.
322 to Assembly Bill No.
Existing law prohibits a person from opening or maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance.
341 Page 6 consumption lounges.vada Unfair Trade Practice Act on independent cannabis Sections [2-5] 2-5.5 and 9 of this bill define words and terms applicable to the provisions of this bill.
(NRS 453.316) Section 36 of this bill exempts from the application of this provision:
Sections 6 and 32 of this bill make conforming changes to properly place new language in the Nevada Revised Statutes.
(1) a cannabis consumption lounge whose activities are confined to those authorized under the provisions of this bill;
Section 35 of this bill makes a conforming change to reflect the addition of the provisions of section 17.
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.
Chapter 678A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5.5, inclusive, of this act.
Chapter 678A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to [5,] 5.5, inclusive, of this act.
and cannabis products to be consumed on the premises of the business by persons 21 years of age or older.
and 3.
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.
“Single-use cannabis product” means a type of cannabis or adult-use cannabis product, other than a ready-to- consume cannabis product, that the Board has determined to be appropriate for consumption in a cannabis consumption lounge pursuant to section 28 of this act.
“Single-use cannabis product” means a type of cannabis or adult- use cannabis product, other than a ready-to-consume cannabis product, that the Board has determined to be appropriate for consumption in a cannabis consumption lounge pursuant to section 28 of this act.
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,] 5.5, 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;aboratory;
An adult-use cannabis cultivation facility;
6.
Assembly Amendment No.
322 to Assembly Bill No.
341 Page 7 6.
Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 12.9, inclusive, of this act.
Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 12, inclusive, of this act.
“Social equity applicant” means an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis, as determined by the Board in accordance with the regulations adopted pursuant to section 11 of this act.
“Social equity applicant” means an applicant for the issuance or renewal of an adult-use cannabis establishment license for [a retail cannabis consumption lounge or] an independent cannabis consumption lounge who has been adversely affected by provisions of previous laws which criminalized activity relating to cannabis, [including,] as determined by the Board in accordance with the regulations adopted pursuant to section 11 of this act.
Such adverse effects may include, without limitation, adverse effects on an owner or officer of the applicant.
Such adverse effects may include, without limitation, adverse effects on an owner [,] or officer [or board member] of the applicant .
Sec.
[or on the geographic area in which the applicant will operate.] Sec.
holds an adult-use cannabis establishment license is operational;t and (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.
and (b) 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.
The location of a proposed retail cannabis consumption lounge:
The location of a proposed retail cannabis consumption lounge 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 requirements at the time it was issued an adult-use cannabis establishment license.] 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 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 chapter.
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 [a retail cannabis consumption lounge or] an independent cannabis consumption lounge qualifies as a social equity applicant for the purposes of [NRS 678B.390 and sections 12] this chapter and section 27 of this act.
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.
3.
4.
The [criteria of merit and] scoring guidelines established pursuant to subsection 1 must [, without limitation:
Assembly Amendment No.
322 to Assembly Bill No.
341 Page 8 (a) Establish] 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 .
[;
and (b) Provide an additional positive weight to] 4.
(a) For a proposed independent cannabis consumption lounge:
(a) The diversity 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;
(1) The diversity 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 independent cannabis consumption lounge;
(b) Whether the applicant qualifies as a social equity [applicants.] applicant, if applicable;
and (2) Whether the applicant qualifies as a social equity applicant;
and (c) Any other criteria of merit that the Board determines to be relevant.
and - 81st Session (2021) – 8 – (b) Any other criteria of merit that the Board determines to be relevant.
The Board shall not issue to any one person both an adult-use cannabis establishment license for an adult-use license for an independent cannabis consumption lounge.shment Sec.
The Board shall give priority to a social equity applicant when processing applications for an adult-use cannabis establishment license for an independent cannabis consumption lounge and 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 Board 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.
The board 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 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 independent 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 social equity applicants.
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.
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 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.
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 any one person;
(a) More than one adult-use cannabis establishment license for an independent cannabis consumption lounge to a person, group or entity;
(b) More than one adult-use cannabis establishment license for a retail cannabis consumption lounge to any one person;
(b) More than one adult-use cannabis establishment license for a retail cannabis consumption lounge to a person, group 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 any one person.
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 a person, group or entity.
The Board may approve a transfer of an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge to a person that acquires a 100 percent ownership interest in a cannabis consumption lounge in a county in which the person holds another such license, if the transfer:
The Board may approve a transfer of an adult-use cannabis establishment license for a retail cannabis consumption lounge or an independent cannabis consumption lounge to a 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, group or entity holds another such license, if the transfer:
established by the Board pursuant to NRS 678B.380;
Assembly Amendment No.
and of a license (b) Will not result in the person holding 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 any combination of the two.
322 to Assembly Bill No.
341 Page 9 (a) Complies with all requirements for the transfer of a license established by the Board pursuant to NRS 678B.380;
and (b) Will not result in the person, group or entity holding:
(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 ascSec.
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 ascribed to them in those sections.
13.5.hemNRS 678B.210 is hereby amended to read as follows:
Sec.
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 medical cannabis establishment license and a random 20-digit alphanumeric identification number if:
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 medical cannabis establishment license and a random 20- digit alphanumeric identification number if:
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;
(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 Assembly Amendment No.
(III) Evidence that the applicant controls not less than $250,000 in liquid assets to cover the initial expenses of opening the provisions of this title;
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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;
341 Page 10 463.0177 and that existed on the date on 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;
(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;
or deliver tmedicalosecannabisl cproducts,staproposedt wioperating procedures for handling such products which must be preapproved by the Board;
(4) If the proposed medical cannabis establishment will sell or deliver medical cannabis products, 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:
(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 establishment license or adult-use cannabis establishment 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 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 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 establishment license.
Except as otherwise provided in subsection 6, if an application for registration as a medical cannabis establishment satisfies the requirements of this Assembly Amendment No.
A medical cannabis establishment licensebis expires 1 year after the date of issuance and may be renewed upon:
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341 Page 11 section, is qualified in the 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 license expires 1 year after the date of issuance and may be renewed upon:
- 81st Session (2021) – 13 – (c) A playground..
(b) A public park.
(c) A playground.
A person shall not engage in the business of an adult-use cannabis establishment unless the person holds an adult- use cannabis establishment license issued pursuant to this section.
A person shall not engage in the business of an adult-use cannabis establishment unless the person holds an adult-use cannabis establishment license issued pursuant to this section.
A person who wishes to engage in the business of an adult- use cannabis establishment must submit to the Board an application on a form prescribed by the Board.
A person who wishes to engage in the business of an adult-use cannabis establishment must submit to the Board an application on a form prescribed by the Board.
Except as otherwise provided in NRS 678B.260, 678B.270 and 678B.280, and sections 10 and 12 to 12.7, inclusive, of this act, an applicant if:issue an adult-use cannabis establishment license to (a) The person who wishes to operate the proposed adult-use cannabis establishment has submitted to the Board all of the following:
Except as otherwise provided in NRS 678B.260, 678B.270 and 678B.280, and sections 10 , [and] 12 , 12.5 and 12.7 of this act, the Board shall issue an adult-use cannabis establishment license to an applicant if:
(a) The person who wishes to operate the proposed adult-use cannabis establishment has submitted to the Board all of the following:
(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 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;
(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 , [except as otherwise provided in section 10 of this act,] 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 Assembly Amendment No.
- 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;
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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;
341 Page 12 that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board;
(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 may require by regulation;
(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 Board;
and (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;
or (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 are4.ndeFor 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.
and (d) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment are under 21 years of age.
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.
Except as otherwise provided in subsection 6, if an applicant for licensure to operate an adult-use cannabis establishment 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 an adult-use cannabis establishment license.
Except as otherwise provided in subsection 6, if an applicant for licensure to operate an adult-use cannabis establishment 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 an adult-use cannabis Assembly Amendment No.
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341 Page 13 establishment license.
(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.
7.
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 establishment to the closest point of the property line of a school, community facility or gaming establishment.
- 81st Session (2021) – 16 – 678B.270 NRS1.
Sec.
Except as otherwise provided in [subsection 2,] this section, to prevent monopolistic practices, the Board shall ensure, in a county whose population is 100,000 or more, that it does not issue, to any one person, group of persons or entity, the greater of:
15.
NRS 678B.270 is hereby amended to read as follows:
678B.270 1.
Except as otherwise provided in [paragraph (b) and subsection 2,] this section, to prevent monopolistic practices, the Board shall ensure, in a county whose population is 100,000 or more, that it does not issue, to any one person, group of persons or entity, the greater of:
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 forth in that section, consider criteria of merit established byset regulation of the Board.
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 by regulation of the Board.
(a) Whether 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;
(a) Whether 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;
(c) The educational and life experience of the persons who are proposed to be owners, officers or board members of the proposed adu(d) Whether the applicant has an integrated plan for the care, quality and safekeeping of cannabis from seed to sale;
(c) The educational and life experience of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment;
(e) The experience of key personnel that the applicant intends to employ in operating the type of adult-use cannabis establishment for which the applicant seeks a license;
(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 - 81st Session (2021) – 17 – owners, officers or board members of adult-use cannabised as establishments;
Assembly Amendment No.
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341 Page 14 (e) The experience of key personnel that the applicant intends to employ in operating the type of adult-use cannabis establishment for which the applicant seeks a license;
(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 which are disproportionately underrepresented as owners, officers or board members of adult-use cannabis 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 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 , 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 from transferring the license until at least 2 years from the date on which the independent cannabis consumption lounge for which the license was issued became operational;
(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 3 years from the date on which the license was issued;
(b) Require the holder of an adult-use cannabis establishment license for an independent cannabis consumption lounge and who wishes to cease operations before the independent cannabis consumption lounge for which the license was issued has been operational for at least 2 years to surrender the license to the 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.
(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 holder has held the license for at least 3 years to surrender the license to the Board;
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.
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,] 3, the Board shall collect not more than the following maximum fees:
- 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 facility......................................................3,000 For the renewal of a medical cannabis establishment license for a medical cannabis For the initial issuance of a medical cannabis.................................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 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 - 81st Session (2021) – 19 – 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 cannabis independent testing laboratory....................5,000 For the initial issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge ................................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...........10,000 For the renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge................................10,000 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 Forthe 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 Assembly Amendment No.
[In] The Board may by regulation establish reduced fees for:
322 to Assembly Bill No.
(a) The initial issuance and renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge;
341 Page 15 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 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 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.......................................................................3,500 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 lounge 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 Assembly Amendment No.
and (b) The application fee set forth in subsection 3, for a social equity applicant.
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341 Page 16 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 9 2.
The Board [shall] may by regulation establish reduced fees for [the] :
(a) The initial issuance and renewal of [:
(a) An] an adult-use cannabis establishment license for [a retail] an independent cannabis consumption lounge;
[and] (b) 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;
and [ 3.
The Board may by regulation establish reduced fees for an applicant for the initial issuance or renewal of a license specified] (c) The application fee set forth in subsection [2 that is] 3,  for a social equity applicant.
3.
[4.
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:
In] 3.
(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;
Except at otherwise provided in subsection 2, in addition to the fees described in subsection 1, each applicant for a medical cannabis establishment license or adult-use cannabis establishment license must pay to the Board:
[and] (b) For an application for an adult-use cannabis establishment license for a retail cannabis consumption lounge, a one-time, nonrefundable application fee of $100,000;
(a) A one-time, nonrefundable application fee of $5,000;
(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 (b) The actual costs incurred by the Board in processing the application, including, without limitation, conducting background checks.
and (d) The actual costs incurred by the Board in processing the application, including, without limitation, conducting background checks.
[3.
[3.] 4.
5.] 4.
17.5.
(Deleted by amendment.) Sec.
(b) To ensure accurate recordkeeping.
(a) For the oversight of the cannabis establishment;
establishment;
and (b) To ensure accurate recordkeeping.
and 2.
2.
- 81st Session (2021) – 21 – 3.
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 facility.
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 Assembly Amendment No.
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341 Page 17 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 the premises of the cannabis establishment.
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 thisxterior of subsection, “vending machine” has the meaning ascribed to it in NRS 209.229.
As used in this subsection, “vending machine” has the meaning ascribed to it in NRS 209.229.
(b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that - 81st Session (2021) – 22 – facility which produced the product.of the cannabis production (c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.
(b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the cannabis production facility which produced the product.
(c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.
(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.
(a) Is or appears to be a lollipop.
Assembly Amendment No.
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341 Page 18 (b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.
(2) A list of all ingredients used in the cannabis product;
andct;
and (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.
(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 including, without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.
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 pro(5) That pregnant women should consult with a physician before ingesting cannabis or cannabis products;
(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;
(5) That pregnant women should consult with a physician before ingesting cannabis or cannabis products;
and (8) That ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.
and Assembly Amendment No.
(b) Enclose all cannabis and cannabis products in opaque, child- resistant packaging upon sale.
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- 81st Session (2021) – 24 – least 21 years of age to enter the premises of the cannabis salest facility.
341 Page 19 (8) That ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.
(b) Enclose all cannabis and cannabis products in opaque, child-resistant packaging upon sale.
7.
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.
THC concentration of not more than 0.3 percent;
(b) Any commodity or product containing cannabidiol with a THC concentration of not more than 0.3 percent;
andiol with a (c) Any other product specified by regulation of the Board.
and (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 less than 21 years of age.
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 medium is reasonably expected to be persons who are less than 21 years of age.
(b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that 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;
(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, playground, public park or library was located within 1,000 feet of the location of the advertisement;
years of age are allowed entry;
(3) At a sports event to which persons who are less than 21 years of age are allowed entry;
orich 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.
or (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.
and (2) “For use only by adults 21 years of age and older.” 12.
and Assembly Amendment No.
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 relating to:
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341 Page 20 (2) “For use only by adults 21 years of age and older.” 12.
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:
the premises of a cannabis establishment;
(c) Any stationary or moving display that is located on or near the premises of a cannabis establishment;
andis 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.
and (d) The content of any advertisement used by a cannabis establishment if the ordinance sets forth specific prohibited content for such an 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.
To the extent that they are inconsistent or otherwise conflict with the regulations adopted by the Board pursuant to 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 that violates the provisions of subsection 11 or 13 as follows:
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 aga3.st Set forth rules pertaining to the safe and healthful operation of cannabis establishments, including, without limitation:
Establish procedures for the suspension or revocation of a license or registration card or other disciplinary action to be taken against a licensee or registrant;
(a) The manner of protecting against diversion and theft without imposing an undue burden on cannabis establishments or compromising the confidentiality of consumers and holders of registry identification cards and letters of approval, as those terms are defined in NRS 678C.080 and 678C.070, respectively;
3.
Set forth rules pertaining to the safe and healthful operation of cannabis establishments, including, without limitation:
(a) The manner of protecting against diversion and theft without imposing an undue burden on cannabis establishments or compromising the confidentiality of Assembly Amendment No.
322 to Assembly Bill No.
341 Page 21 consumers and holders of registry identification cards and letters of approval, as those terms are defined in NRS 678C.080 and 678C.070, respectively;
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 and potency in accordance with standards established by the Board;ity 4.
and (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;
4.
Establish procedures and requirements to enable a dual licensee to operate a medical cannabis establishment and an adult- use cannabis establishment at the same location;
Establish procedures and requirements to enable a dual licensee to operate a medical cannabis establishment and an adult-use cannabis establishment at the same location;
[and] 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;
[and] 9.
10.
(b) Procedures and requirements for the collection and disposal of cannabis and cannabis products which are left at a cannabis consumption lounge;
(b) Procedures and requirements for the delivery of a single-use cannabis [or a cannabis] product to a customer in an independent cannabis consumption lounge;
and (c) Requirements for the training of employees of a cannabis consumption lounge in the sale and safe consumption of single- use cannabis products and ready-to-consume cannabis products;
[and] (c) Procedures and requirements for the collection and disposal of cannabis and cannabis products which are left at a cannabis consumption lounge;
and - 81st Session (2021) – 28 – to carry out the provisions of this title.oard deems necessary Sec.
and (d) Requirements for the training of employees of a cannabis consumption lounge in the sale and safe consumption of single-use cannabis products and ready-to-consume cannabis products;
20.5.
and 10.
NRS 678C.300 is hereby amended to read as follows:
Address such other matters as the Board deems necessary to carry out the 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) Install a ventilation and exhaust system which is capable of sufficiently expelling odors generated in the cannabis consumption lounge, reducing volatile organic compounds and maintaining the standards for air quality in the cannabis consumption lounge as set forth by regulation of the Board;
(a) Require any single-use cannabis [or cannabis] product brought into the cannabis consumption lounge by a customer to be contained in the sealed, opaque packaging in which the single-use cannabis [or cannabis] product was originally sold;
(b) Train each employee of the cannabis consumption lounge concerning paraphernalia, single-use cannabis products and ready-to-consume cannabis products, including, without limitation, the proper use of paraphernalia, the potency, absorption time and effects of single-use cannabis and products and ready-to-consume cannabis products, the recognition of impairment from and overconsumption of cannabis and the safe handling of a customer who is impaired;
Assembly Amendment No.
(c) Submit a security plan to the Board which, without cannabis consumption lounge and for each entrance and exit ofe the cannabis consumption lounge to be adequately secured, and submit to the Board such updates to the plan as the Board may require;
322 to Assembly Bill No.
(d) Submit a plan to the Board setting forth protocols and procedures to deter customers from driving under the influence of cannabis, and submit to the Board such updates to the plan as the Board may require;
341 Page 22 (b) Require a person who wishes to bring single-use cannabis [or cannabis] products into the cannabis consumption lounge to, before entry, submit [the] each single-use cannabis [and each cannabis] product to an employee for inspection to ensure that:
(e) 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 other than as authorized in this chapter, and submit to the Board such updates to the plan as the Board may require;
(1) The single-use cannabis [or cannabis] product satisfies the requirements of this subsection;
- 81st Session (2021) – 30 – (f) 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;
and (2) The person is in compliance with the legal limits on the possession of cannabis for adult-use purposes as set forth in NRS 678D.200;
(g) Comply with all local ordinances and rules;
(c) Install a ventilation and exhaust system which is capable of sufficiently expelling odors generated in the cannabis consumption lounge, reducing volatile organic compounds and maintaining the standards for air quality in the cannabis consumption lounge as set forth by regulation of the Board;
and the Board.ply with any requirements set forth by regulation of 2.
(d) Train each employee of the cannabis consumption lounge concerning paraphernalia, single-use cannabis products and ready-to-consume cannabis products, including, without limitation, the proper use of paraphernalia, the potency, absorption time and effects of single-use cannabis and products and ready-to-consume cannabis products, the recognition of impairment from and overconsumption of cannabis and the safe handling of a customer who is impaired;
(e) Submit a security plan to the Board which, without limitation, provides for adequate security and lighting 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) Submit a plan to the Board setting forth protocols and procedures to deter customers from driving under the influence of cannabis, 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 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.
2.
[or] 2.
The entry of any person who is less than 21 years of age to the cannabis consumption lounge;
The entry of any person who is less than 21 years of age to the cannabis consumption lounge [.] ;
3.
Assembly Amendment No.
The consumption of any cannabis or cannabis product in the cannabis consumption lounge that is not a single-use cannabis product or ready-to-consume cannabis product;
322 to Assembly Bill No.
341 Page 23 3.
The consumption of any cannabis or cannabis product in the cannabis consumption lounge that is not a single-use cannabis product or ready-to- consume cannabis product;
A single-use cannabis product or ready-to-consume cannabis product that was purchased at the cannabis consumption consumption lounge.d from the premises of the cannabis Sec.
A single-use cannabis product or ready-to-consume cannabis product that was purchased at the cannabis consumption lounge to be removed from the premises of the cannabis consumption lounge.
Sec.
(a) Obtain from the adult-use cannabis retail store to which the retail cannabis consumption lounge is attached or immediately adjacent:
(a) Obtain [cannabis or cannabis products] from the adult-use cannabis retail store to which the retail cannabis consumption lounge is attached or immediately adjacent [;] :
and (2) Cannabis or cannabis products for the purposes of producing ready-to-consume cannabis products;
and (2) Cannabis or cannabis products for the purposes of producing ready- to-consume cannabis products;
(b) Sell single-use cannabis products obtained pursuant to paragraph (a) to customers of the retail cannabis consumption lounge;
(b) Sell single-use cannabis [or cannabis] products obtained pursuant to paragraph (a) to customers of the retail cannabis consumption lounge;
- 81st Session (2021) – 31 – 2.
2.
A retail cannabis consumption lounge shall ensure that only single-use cannabis products or ready-to-consume cannabis products that were purchased from the retail cannabis consumption lounge are consumed in the lounge.
A retail cannabis consumption lounge shall ensure that only single-use cannabis [or] products or ready-to-consume cannabis products that were purchased from the retail cannabis consumption lounge [or the adult-use cannabis retail store to which the lounge is attached or immediately adjacent] are consumed in the lounge.
26.
1.
An independent cannabis consumption lounge shall allow single-use cannabis [or cannabis] products sold by [a] an adult-use cannabis [sales facility] 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.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:
1.
(a) Single-use cannabis products for the purpose of resale;
If an independent cannabis consumption lounge wishes to sell single-use cannabis [or cannabis] products or ready-to-consume cannabis products to customers of the lounge, the independent cannabis consumption lounge must submit [a request] to the Board [.] a request for an endorsement to the license of the independent cannabis consumption lounge to engage in such activities.
and (b) Cannabis and products for the purpose of preparing ready- to-consume cannabis products.
Such a request must be accompanied by the fee set forth in NRS 678B.390 and include any information the Board may by regulation require.
An independent cannabis consumption lounge which has entered into a contract pursuant to subsection 1 may:
If the Board approves a request submitted pursuant to subsection 1, the independent cannabis consumption lounge may:
(a) Sell single-use cannabis products obtained pursuant to subsection 1 to customers of the independent cannabis consumption lounge;
(a) Enter into a contract with one or more adult-use cannabis retail stores to sell to the independent cannabis consumption lounge :
and (b) Prepare ready-to-consume cannabis products using cannabis and cannabis products obtained pursuant to subsection 1 and sell such products to customers of the independent cannabis consumption lounge.
(1) Single-use cannabis products for the purpose of resale [all cannabis and cannabis products obtained by 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 [and cannabis] products obtained pursuant to paragraph (a) to customers of the independent cannabis consumption lounge;
and Assembly Amendment No.
322 to Assembly Bill No.
341 Page 24 (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.
An independent cannabis consumption lounge shall ensure that only single-use cannabis products or ready-to-consume cannabis products that were purchased from the independent cannabis consumption lounge are consumed in the lounge.
The Board shall adopt regulations governing the manner in which the Board will accept and evaluate requests submitted pursuant to subsection 1.
4.
The regulations must prescribe, without limitation:
The Board may require an independent cannabis subsection 1 to the Board for review.ct entered into pursuant to Sec.
(a) The required contents of such a request;
(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.
The Board shall adopt regulations governing the sale and consumption of single-use cannabis products and ready- to-consume cannabis products at a cannabis consumption lounge.
The Board shall adopt regulations governing the [preparation and] sale and consumption of single-use cannabis products and ready-to-consume cannabis products [by] at a cannabis consumption lounge.
Establish standards for the content, quality and potency of ready-to-consume cannabis products, including, without limitation, the maximum THC concentration for such products;
Establish standards for the content, quality and potency of ready-to- consume cannabis products, including, without limitation, the maximum THC concentration for such products;
3.
[2.] 3.
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;
Prescribe procedures and protocols for the preparation and safe handling of ready-to-consume cannabis products to ensure that each such prepared product meets the standards established pursuant to subsection 1;
4.
[3.] 4.
Establish requirements relating to the sale of ready-to- consume cannabis products, including, without limitation, purchaser of such a product at the time of sale;
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;
andprovided to a 5.
and [4.] 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.
3.) F[A] Except as otherwise provided in subsection 9 or byny.
Assembly Amendment No.
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.
322 to Assembly Bill No.
341 Page 25 (d) For a fourth or subsequent violation, a category E felony.
3.
[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.
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 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.
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.
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 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 any place with the intent that it will be procured by any person under 18 years of age is guilty of a gross misdemeanor.
An adult-use edible cannabis product or an adult-use cannabis-infused product must be labeled in a manner which indicates the number of servings of THC in the product, measured in servings of a maximum of 10 milligrams per serving.
An adult-use edible cannabis product or an adult-use cannabis- infused product must be labeled in a manner which indicates the number of servings of THC in the product, measured in servings of a maximum of 10 milligrams per serving.
(b) For an adult-use cannabis product sold as a capsule, more than 100 milligrams of THC per capsule or more than 800 mil(c) For an adult-use cannabis product sold as a tincture, more than 800 milligrams of THC.
(b) For an adult-use cannabis product sold as a capsule, more than 100 milligrams of THC per capsule or more than 800 milligrams of THC per package.
(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.
To the extent that they are inconsistent or otherwise conflict with the regulations adopted by the Board pursuant to 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.
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.
Assembly Amendment No.
322 to Assembly Bill No.
341 Page 26 1.
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.
- 81st Session (2021) – 36 – 3.
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 to act may not be used to establish proximate cause in a civilre action and does not constitute negligence per se.
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 civil 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.