83 to Assembly Bill No.

149 Page 4 independent testing laboratory within a certain period of time.

Section 2 requires the Board to fails to pay the full amount of the debt within the required period of time.uction facility that Section 3 of this] This bill requires the Board to develop, implement and maintain an electronic database whereby [holders of cannabis establishment licenses] the public may obtain information relating to testing conducted on cannabis and cannabis products by cannabis independent testing laboratories [.

Section 3 requires each cannabis independent testing laboratory to enter the results of any testing conducted on] that has been collected through computer software used for the seed-to-sale tracking of cannabis [or a cannabis product into] and cannabis products.

This bill requires the database [.

Section 3 also sets forth certain requirements for] to contain the final results of all testing performed on cannabis or a cannabis product by a cannabis independent testing laboratory which cannabis and cannabis products.

This bill also requires the database [and requires] to be electronically secure and accessible to the public and to present the information contained in the database in a format that is exportable.

EXPLANATION – Matter in bolded italics is new;

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

SectionsSection 11. and 2.

[Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.] (Deleted by amendment.) Sec.

2.

[1.

If a cannabis cultivation facility or cannabis production facility owes a debt to a cannabis independent testing laboratory, the cannabis independent testing laboratory may submit a complaint to the Board.

Such a complaint must:

(a) Specify the amount of the debt owed to the cannabis independent testing laboratory;

(b) Identify the cannabis cultivation facility or cannabis production facility that owes the debt;

and (c) Be accompanied by sufficient documentation to demonstrate the validity of the debt.

2.

Upon receipt of a complaint submitted pursuant to subsection 1, the Board shall review the complaint.

If it appears to the Board that the debt is valid, the Board shall send a written notice to the cannabis cultivation facility or cannabis production facility that owes the debt, which includes, without limitation:

(a) The name of the cannabis independent testing laboratory to which the debt is owed;

(b) The amount of the debt;

(c) A request for the payment of the debt to the cannabis independent testing laboratory;

(d) Notification that the cannabis cultivation facility or cannabis production facility may request a hearing to determine the validity of the debt within 30 days after the date on which the notice was sent;

(e) Notification of the period of time in which the cannabis cultivation facility or cannabis production facility is required to pay the debt pursuant to subsection 4;

and (f) Notification of the penalties set forth in subsection 5.

Assembly Amendment No.

83 to Assembly Bill No.

149 Page 5 3.

A cannabis cultivation facility or cannabis production facility to which a notice is issued pursuant to subsection 2 may, within 30 days after the date on which the notice was sent, request a hearing before the Board to determine the validity of the debt.

The Board shall adopt regulations establishing procedures for such a hearing.

4.

A cannabis cultivation facility or cannabis production facility to which a notice is sent pursuant to subsection 2 shall pay the full amount of the debt owed to a cannabis independent testing laboratory:

(a) If a hearing is not requested pursuant to subsection 3, within 90 days after the date on which the notice was sent;

or (b) If a hearing is requested pursuant to subsection 3 and the Board determines the debt to be valid, within 90 days after the date on which the determination was made.

5.

If a cannabis cultivation facility or cannabis production facility fails to comply with the provisions of subsection 4, the Board shall impose upon the cannabis cultivation facility or cannabis production facility a civil penalty of:

(a) For a first violation within the immediately preceding year, not less than $5,000.

(b) For a second or subsequent violation within the immediately preceding year, not less than $10,000.

6.

As used in this section, “debt” means a fee or other obligation:

(a) That is owed to a cannabis independent testing laboratory for services provided by the cannabis independent testing laboratory;

and (b) The payment of which is past due.] (Deleted by amendment.) Sec.

The Board shall develop, implement and maintain an electronic database whereby [licensees] the public may obtain information relating to testing conducted on cannabis and cannabis products by cannabis independent testing laboratories [.] which has been collected through computer software used for the seed-to-sale - 81st Session (2021) – 2 – tracking of cannabis and cannabis products.

(a) Contain the final results of all testing performed on cannabis or a cannabis product by a cannabis independent testing usedlaboratory for[; the seed-to-sale tracking of cannabis and cannabisare products;

(b)and] Bewhich electronicallyhave securebeen andcollected accessiblethrough tocomputer software used for the public;seed-to-sale tracking of cannabis and cannabis products;

(b) Be electronically secure and accessible to [each licensee.] the public;

The[After Boardthe shalldevelopment adoptand regulationsimplementation asof itthe determinesdatabase arecreated necessarypursuant forto subsection 1, a cannabis independent testing laboratory that conducts testing on cannabis or a cannabis product shall enter the administrationresults of such testing into the electronic database requiredin the manner prescribed by subsectionthe 1.Board.

3.] The Board shall adopt regulations [that:

(a) Prescribe the manner in which a cannabis independent testing laboratory is required to enter the results of any testing conducted on cannabis or a cannabis product into the electronic database created pursuant to subsection 1;

and (b) Are] as it determines are necessary for the administration of the database [.] required by subsection 1.

(a) The information required to be contained in the database pursuant to paragraph (a) of subsection 1 is uploaded to the database and made available to the public in a timely manner after it has been collected through computer softwareAssembly usedAmendment forNo. the seed- to-sale tracking of cannabis and cannabis products;

83 to Assembly Bill No.

149 Page 6 software used for the seed-to-sale tracking of cannabis and cannabis products;

The Board shall, on or before January 1 of each odd-odd-numbered numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature which details the amount of data uploaded to the database required by subsection 1 and the statistical relevance of such data as it pertains to cannabis independent testing laboratories in this State.

notSec. apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

~~~~~4. 21 - 81st Session (2021)

The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.