Provides for the permitting and regulation of certain events at which the sale and consumption of cannabis ...
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AB 253 — Provides for the permitting and regulation of certain events at which the sale and consumption of cannabis or cannabis products is allowed. (BDR 56-152)
Last action — (No further action taken.)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
1459 added · 1659 removed1459 line(s) added, 1659 removed.
REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT (§§ 14, 18, 29, 39) EXEMPT (Reprinted with amendments adopted on JuneApril 2,21, 2023) SECONDFIRST REPRINT A.B.
253 AASSEMBLY SSEMBLY B ILLN O.
M ILLER M ARCH 7, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Provides for the permittinglicensure and regulation of certain events at which the sale and consumption of cannabis or cannabis products is allowed.
providing for the permittinglicensure and regulation by the boardCannabis ofCompliance countyBoard commissioners of acertain countyevents andat which the governingsale bodyand ofconsumption an incorporated city of cannabis or cannabis products is allowed;
providingsetting forforth thecertain licensurerequirements andfor regulation by the Cannabisissuance Compliance Board of personsa whotemporary sell cannabis andevent cannabispermit productsand atportable suchcannabis events;vendor license;
setting forth certain requirements forconcerning the issuanceoperation of a cannabistemporary concierge sales permit and cannabis conciergeevent; license;
settingimposing forthvarious certain requirements concerningon theportable sale of cannabis andvendors; cannabis products at a temporary cannabis event;
imposing various requirements on cannabis concierges;
requiring the Board to adopt regulations establishing certain fees;
exempting a personportable whocannabis hasvendor beenwho issuedholds a permit to hold a temporary cannabis event and a cannabis concierge from certain provisions prohibiting a person from maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance;
making an appropriation;
-Legislative *AB253_R2*Counsel’s –Digest: 2 – LegExisting law provides for the licensure and regulation of persons and establishments involved in the cannabis industry in this State by the Cannabis Compliance Board.
(Titleestablishments 56involved ofin NRS) This bill provides for the permitting and regulation by the board of county commissioners of a county and the governing body of an incorporated city of events at which the sale of cannabis orindustry cannabisin productsthis andState the consumption of cannabis or cannabis products by personsthe 21Cannabis yearsCompliance ofBoard. age or older is allowed.
Section(Title 656 of thisNRS) This bill designatesprovides suchfor the licensure and regulation of events asat “temporarywhich cannabisthe events.”sale Thisof billcannabis alsoor providescannabis forproducts and the licensureconsumption andof cannabis or cannabis products atby temporarypersons cannabis21 events.years of age or older - *AB253_R1* – 2 – events.”ed.
Section 46 of this bill designates such aevents personas a“temporary “cannabiscannabis concierge.” Section 35.314 of this bill authorizesprohibits the board of county commissioners of a county to adopt an ordinance providing for the issuance of a permit to authorize a person tofrom holdholding a temporary cannabis event inunless: an unincorporated area of the county.
Section(1) 35.3the prohibits a person fromhas holdingbeen alicensed temporaryby cannabisthe eventBoard inas an unincorporated area of a countyportable unlesscannabis thevendor; board of county commissioners has adopted such an ordinance and issued the person a permit.
Sectionand 35.3(2) also:the Board has issued a temporary cannabis event permit for the event.
(1)Section sets4 forth various requirements for the contents of suchthis anbill ordinance,defines including,“portable obtaincannabis avendor” permit to holdmean, ain temporarygeneral, cannabisa eventbusiness andthat: requirements concerning the operation of such an event;
and(1) (2)is authorizeslicensed aby board of county commissioners that adopts such an ordinance to charge a fee for the issuanceBoard; of a permit and engage in certain other activities.
Section(2) 35.6holds of this bill establishes similar provisions for the governing body of an incorporated city for temporary cannabis eventsevents; held in the incorporated city.
Sectionand 14(3) ofpurchases thiscannabis billor prohibitscannabis aproducts person from sellingan adult-use cannabis retail store and sells such cannabis or cannabis products at a temporary cannabis eventevents unless:as a portable cannabis vendor.
(1)Section the14 personsets hasforth beencertain licensedrequirements byfor theansure Cannabisportable Compliancecannabis Boardvendor asto obtain a temporary cannabis concierge;event permit.
andSection (2)14.5 theof Boardthis hasbill: issued the person a cannabis concierge sales requirements for licensure as a cannabis concierge.
Section(1) 14deems setsa forthtemporary certaincannabis requirementsevent forpermit aconditional until the portable cannabis conciergevendor tohas obtainobtained athe necessary approvals from the local government having jurisdiction over the location where the temporary cannabis conciergeevent saleswill permit.be located;
Sections(2) 15requires andthe 16Board ofto thisadopt billregulations setrequiring forththe certainsurrender requirementsof fora salesconditional oftemporary cannabis andevent cannabispermit productsfor bythe afailure cannabisto conciergeobtain atsuch approvals within a temporarycertain cannabisperiod event.of time;
Sectionand 19(3) requires a portable cannabis vendor who is issued a temporary cannabis event permit to comply with all local ordSection 15 of this bill requiresprohibits a cannabisperson conciergeother whothan sellsthe cannabisportable and cannabis productsvendor atto awhom the temporary cannabis event topermit purchasewas allissued from selling cannabis or cannabis products for resale at thea temporary cannabis event fromand ansets adult-useforth cannabiscertain retailrequirements store.for such sales.
ExistingSection law16 definesof “socialthis equitybill applicant”imposes tocertain mean,requirements inand general,restrictions anon applicanta independentportable cannabis consumptionvendor loungerelating whoto hasthe beenoperation adverselyof affecteda bytemporary forcannabis anevent. previous laws which criminalized activity relating to cannabis.
Section 19 of this bill requires a portable cannabis vendor who holds a temporary cannabis event to purchase all cannabis or cannabis products for resale at a temporary cannabis event from an adult-use cannabis retail store.
for the issuance or renewal of an adult-use cannabis establishment license for annt independent cannabis consumption lounge who has been adversely affected by previous laws which criminalized activity relating to cannabis.
(NRS 678B.323) Section 24 of this bill expands the definition of “social equity applicant” to include an applicant for the issuance or renewal of a portable cannabis conciergevendor license who has been adversely affected by previous laws which criminalized activity relating to cannabis.
Section 27 of this bill requires the Board to adopt regulations establishing criteria for determining whether such an applicant qualifies as a social restrictionsequity onapplicant. the Board concerning the manner in which cannabis concierge licenses must be issued.
Section 2221 of this bill setsrequires forththe certainBoard requirementsto forissue the issuancefirst ofportable a cannabis conciergevendor license underto circumstancesa insocial whichequity moreapplicant thanand onethe qualifiedsecond portable cannabis vendor license to an applicant haswho appliedis fornot a license.social equity applicant.
SectionAfter 22 requires the Boardissuance toof revoke the -first *AB253_R2*two –portable 3cannabis –vendor leastlicenses, 18section months21 andrequires hasthe notBoard beento issuedissue aportable cannabis conciergevendor saleslicenses permitby foralternately atissuing temporarysuch cannabisa eventlicense into thea immediatelysocial precedingequity 18applicant months and providesan forapplicant thewho reissuanceis ofnot such a revokedsocial license.equity applicant.
Section 41.522 of this bill providessets thatforth acertain personrequirements whofor isthe issuedissuance one of thea firstportable five cannabis conciergevendor licenseslicense isunder deemedcircumstances notin towhich holdmore athan licenseone forrevoke the purposeslicense of thosea requirementsportable untilcannabis 2vendor yearswho afterhas not held a temporaryto cannabis event in the dateimmediately onpreceding which18 months and provides for the licensereissuance wasof issued.such a revoked license.
AsExisting such,law underimposes sectionsan 22excise andtax 41.5,on theeach licenseretail sale of acannabis suchor acannabis personproducts isby notan subjectadult-use tocannabis revocationretail forstore failingor to be issued a cannabis conciergeconsumption saleslounge. permit until at least 42 months after the issuance of the license.
products- by*AB253_R1* an– adult-use3 cannabis– retail store or cannabis consumption lounge.bis (NRS 372A.290) Section 39 of this bill applies this excise tax to retail sales of cannabis or cannabis products by a portable cannabis concierge.vendor.
Sections 36 and 3838of of this bill make conforming changes to reflect the imposition of the excise tax on retail sales of cannabis or cannabis products by a portable cannabis concierge.vendor.
Section 2920 of this bill establishesauthorizes certaina feeslocal associatedgovernment withto charge a portable cannabis conciergevendor licensea andfee afor cannabisholding conciergea salestemporary permit.cannabis event.
Section 929 of this bill includesrequires a cannabis concierge within the definitionBoard ofto “cannabisadopt establishment”regulations providedestablishing infees existingassociated law,with therebya subjectingportable suchcannabis establishments.vendor license.
(NRSExisting 678A.095)law Similarly,authorizes section 10 of this bill includes a cannabis concierge sales permit and a cannabis concierge license within the definitionBoard ofto “license”establish providedreduced infees existingfor law, thereby subjecting the holdersinitial ofissuance suchand licensesrenewal to the provisions of existingan lawadult-use applicablecannabis toequity holdersapplicants. of other licenses issued by the Board.
Show all 391 changed lines (351 more)
(NRS 678A.160)678B.390) Section 1129 ofsimilarly this bill authorizes the Board totol adoptestablish regulationsreduced providingfees policiesfor and procedures under which the Boardinitial isissuance authorizedor torenewal waiveof any requirement applicable to a portable cannabis establishmentvendor thatlicense the Board determines is not appropriate for asocial cannabisequity concierge.applicants.
Section 319 of this bill requiresincludes the Board to adopt regulations concerning the safe concierge at a temporaryportable cannabis event.isvendor andwithin cannabisthe productsdefinition by a cannabis Section 23 of this“cannabis billestablishment” providesprovided thatin aexisting cannabislaw, conciergethereby licensesubjecting orsuch cannabisbusinesses concierge sales permit issued by the Board pursuant to the provisionsrequirements of thisexisting billlaw isapplicable ato revocablecannabis privilege.establishments.
Sections(NRS 25678A.095) andSimilarly, 26section 10 of this bill prohibitincludes the issuance of a medicaltemporary cannabis establishmentevent licensepermit orand ana adult-useportable cannabis establishmentvendor license,license respectively,within if any of the personsdefinition proposed to be owners, officers or board members of the“license” establishmentprovided have previously served in suchexisting alaw, positionthereby forsubjecting athe cannabisholders establishmentof thatlicenses has had a cannabis concierge license or cannabis concierge sales permit issued by the BoardBoard. revoked.
(NRS 678A.160) Section 11 of this bill authorizes the Board to adopt regulations providing policies and requirementsprocedures forunder which the transferBoard ofis authorized to waive any requirement applicable to a license.cannabis establishment that the Board determines is not appropriate for a portable cannabis vendor.
(NRS 678B.380) Section 2831 of this bill requires suchthe regulationsBoard to setadopt forthregulations certainconcerning specifiedthe authorizationssafe and requirementshealthful foroperation the transfer of atemporary cannabis conciergeevents. license.
Section 3023 of this bill revisesprovides provisions of existing law that prohibit a personportable fromcannabis sellingvendor license or advertisingtemporary the sale of cannabis orevent cannabispermit productsissued forby the purposeBoard ofpursuant authorizingto the holderprovisions of athis cannabisbill conciergeis licensea torevocable engageprivilege. in such activities.
Sections 25 and 26 of this bill prohibit the establishment license, respectively, if any of the persons proposed to be owners, officers or board members of the establishment have previously served in such a position for a cannabis establishment that has had a portable cannabis vendor license or temporary cannabis event permit issued by the Board revoked.
Existing law requires the Board to adopt regulations setting forth procedures and requirements for the transfer of a license.
(NRS 678B.380) Section 28 of this bill specifies that such regulations must set forth procedures and requirements for the transfer of a portable cannabis vendor license that is held by a social equity applicant.
from selling or advertising the sale of cannabis or cannabis products for the purpose of authorizing the holder of a portable cannabis vendor license to engage in such activities.
(NRS 678D.200) Section 33 of this bill expands this exeExistingexemption lawto prohibits,include with certain exceptions, the consumptionholder of cannabisa orportable cannabis productsvendor inlicense. a public place.
(NRSExisting 678C.300,law 678D.300,prohibits, 678D.310)with Sectionscertain 32,exceptions, 34 and 35 of this bill revise these provisions for the purposesconsumption of authorizing a person to consume cannabis or cannabis products in an area designated for that activity at a temporarypublic cannabisplace. event.
-(NRS *AB253_R2*678C.300, –678D.300, 4678D.310) –Sections 32, 34 and 35 of this bill revise these provisions for the purposes of designated for that activity at a temporary cannabis event.ts in an area 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 453.316) Section 41 of this bill exempts a portable cannabis vendor whose - *AB253_R1* – 4 – activities are confined to those authorized under the provisions of this bill from the application of this provision:provision.
(1)this abill. person who has been issued a permit by the board of county commissioners of a event and whose activities are confined to those authorized under the provisions of the ordinance adopted by the board of county commissioners or governing body, as applicable;
andSections (2)8 a cannabis concierge who sells cannabis and cannabis37 productsof atthis abill temporarymake cannabisconforming eventchanges andto whoseindicate activitiestheof areproper confinedplacement toof thosenew authorizedprovisions byin the provisionsNevada ofRevised thisStatutes. bill.
Section 41.3 of this bill makes an appropriation to the Department of Taxation for personnel, travel, operating, equipment and information services expensesral and associated with implementing the provisions of this bill.
Sections 4-7 of this bill define words and terms applicable to the provisions of this bill.
Sections 8 and 37 of this bill make conforming changes to indicate the proper placement of new provisions in the Nevada Revised Statutes.
“Cannabis“Portable concierge”cannabis vendor” means a business that:
and 2.
PurchasesPermits, cannabismaintains, orpromotes, cannabisconducts, productsadvertises, fromoperates, anundertakes, adult-organizes, usemanages, cannabis retail store and sells such cannabis or cannabisgives productsaway attickets ato temporary cannabis eventevents; for which a permit has been issued by the board of county commissioners of a county pursuant to section 35.3 of this act or the governing body of an incorporated city pursuant to section 35.6 of this act, as applicable.
and 3.
Purchases cannabis or cannabis products from an adult- use cannabis retail store and sells such cannabis or cannabis products at a temporary cannabis event held by the business.
“Cannabis“Portable conciergecannabis vendor license” means a license that is issued by the Board pursuant to section 18 of this act to authorize the operation of a portable cannabis concierge.vendor.
5.5.
“Cannabis concierge sales permit” means a license that is issued by the Board pursuant to section 14 of this act to authorize a cannabis concierge to sell cannabis and cannabis products at a temporary cannabis event.
Sec.
“Temporary cannabis event” means an event held by a portable cannabis vendor for which a temporary cannabis event permit has been issued by the Board pursuant to section 14 of this act and at which:
- *AB253_R2* – 5 – 1.
AThe portable cannabis conciergevendor sells cannabis or cannabis products to persons 21 years of age or older;
(Deleted“Temporary cannabis event permit” means a license that is issued by amendment.)the Sec.Board pursuant to section 14 of this act to authorize a portable cannabis vendor to hold a temporary cannabis event.
Sec.
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 6,7, inclusive, of this act have the meanings ascribed to them in those sections.
- *AB253_R1* – 5 – Sec.
A portable cannabis concierge.vendor.
A temporary cannabis conciergeevent sales permit;
A portable cannabis conciergevendor license.
Such a restriction must - *AB253_R2* – 6 – not require a cannabis establishment to obtain the approval of the Board before using a logo, sign or advertisement.
(h) Policies and procedures governing the circumstances under which the Board may waive any requirement applicable to a cannabis establishment that the Board determines is not appropriate for a portable cannabis concierge.vendor.
- *AB253_R1* – 6 – (i) Requirements relating to the packaging and labeling of cannabis and cannabis products.
A person shall not sellhold cannabis or cannabis products at a temporary cannabis event unless the person:
(a) Is a portable cannabis concierge;vendor;
and (b) Has been issued a temporary cannabis conciergeevent sales permit for the temporary cannabis event by the Board pursuant to this section.
A portable cannabis conciergevendor who wishes to obtain a temporary cannabis conciergeevent sales permit must submit to the Board the application fee,deposit, as set forth in NRSsubsection 678B.390,6, and an application on a form prescribed by the Board.
(b) The physical address of the location at which the proposed temporary cannabis event will be held, the location of which may not be 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 temporary cannabis event permit was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the temporary cannabis event permit was submitted - *AB253_R2**AB253_R1* – 7 – (b)to Thethe physicalBoard addressor, if the temporary cannabis event 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 locationdate aton which the application for the temporary cannabis event willpermit bewas held;submitted to the Board;
(c) The date or dates of the proposed temporary cannabis event;event, which must not exceed 3 consecutive days;
(d) EvidenceThe thatnumber theof temporarypersons cannabisreasonably eventexpected hasto beenattend issuedthe aproposed permittemporary bycannabis theevent, boardwhich ofmust countybe commissionersnot ofless thethan county750 pursuantpersons, toestimated sectionusing 35.3the ofmethod thisset actforth orby the governingBoard bodyby ofregulation, theand incorporatedevidence city pursuant to sectionsupport 35.6 of this act,expectation; as applicable, where the temporary cannabis event will be located;
(e) OperatingA proceduresdiagram consistent with the regulations of the Boardphysical forlayout the safe and healthful conduct of salesthe ofproposed cannabistemporary and cannabis productsevent, atwhich temporaryclearly cannabissets events,forth including,each: without limitation:
(1) Entrance and exit to the proposed temporary cannabis event that will be used by participants during the event;
(2) Area within the proposed temporary cannabis event designated for the sale of cannabis or cannabis products;
(3) Area within the proposed temporary cannabis event designated for the consumption of cannabis or cannabis products;
and (4) Area within the proposed temporary cannabis event designated for the storage of cannabis or cannabis products;
(f) Operating procedures consistent with the regulations of the Board for the safe and healthful operation of temporary cannabis events, including, without limitation:
(f)(g) AAn planattestation toby ensure adequate security of the operationsapplicant ofthat thehe cannabisor conciergeshe atunderstands the temporary cannabis event, including, without limitation, the security of the cannabis and cannabisagrees productsto offeredcomply forwith sale and the moneyrequirements collectedset byforth thein cannabissection concierge16 atof thethis temporaryact; cannabis event;
(g) A plan for the disposition of any unsold cannabis at the temporary cannabis event, which must include:
(1) Entering into an agreement with the adult-use cannabis retail store from which the cannabis and cannabis products were purchased to provide for the return of unsold cannabis to the retail store;
(2) Entering into agreements with the adult-use cannabis retail store from which the cannabis and cannabis products were purchased and an adult-use cannabis distributor to provide for the delivery of cannabis and cannabis products to the cannabis concierge at the temporary cannabis event in stages, so as to minimize the amount of cannabis and cannabis products in the possession of the cannabis concierge at any given time;
(3) Entering into an agreement with a person engaged in the disposal of cannabis and cannabis products who has been approved by the Board to provide for the destruction of unsold cannabis or cannabis products;
or (4) Any combination of subparagraphs (1), (2) and (3);
The Board shall issue a temporary cannabis conciergeevent sales permit to an applicant if:
- *AB253_R2* – 8 – (b) The applicant is a portable cannabis conciergevendor who is qualified in the determination of the Board pursuant to NRS 678B.200;
and (c) The temporary cannabis conciergeevent is not disqualified from being issuedlicensed a cannabis concierge sales permit for the temporary cannabis event pursuant to any other applicable law.
- *AB253_R1* – 8 – 4.
Each temporary cannabis conciergeevent sales permit issued pursuant to this section must set forth the location and date or dates of the temporary cannabis event for which the temporary cannabis conciergeevent sales permit is issued.
The Board shall not issue a temporary cannabis conciergeevent sales permit to a portable cannabis conciergevendor that has beenheld issued a cannabis concierge sales permit for a temporary cannabis event that was held within the immediately preceding 30 days.
6.
The Board shall, by regulation, set forth the amount of the application deposit required by subsection 2, which must be an amount sufficient to cover the actual administrative cost of processing the application.
Not more than 30 days after the issuance or denial of a temporary cannabis event permit pursuant to this section, the Board shall return to the applicant any unused money from the deposit.
7.
For the purposes of paragraph (b) of subsection 2, the distance must be measured from the main entrance of the proposed temporary cannabis event to the closest point of the property line of a school, community facility or gaming establishment.
8.
As used in this section, “community facility” has the meaning ascribed to it in NRS 678B.250.
(Deleted1. by amendment.) Sec.
The issuance by the Board of a temporary cannabis event permit pursuant to section 14 of this act shall be deemed to be conditional until the local government having jurisdiction over the location in which the event will be located has issued a business license for the operation of the temporary cannabis event, if applicable, and any other approval necessary for the operation of the temporary cannabis event.
2.
The Board shall adopt regulations:
(a) Requiring the surrender of a conditional temporary cannabis event permit if the portable cannabis vendor to which the permit is issued does not satisfy the requirements of subsection 1 within a period of time determined by the Board;
and (b) Authorizing a portable cannabis vendor to request an extension of the period of time established pursuant to paragraph (a) as a result of factors outside of the control of the portable cannabis vendor that cause a delay is satisfying the requirements of subsection 1.
3.
A portable cannabis vendor that is issued a temporary cannabis event permit shall comply with all applicable ordinances and rules of the local government having jurisdiction over the location in which the temporary cannabis event will be located, including, without limitation, ordinances and rules pertaining to zoning and land use and ordinances and rules imposing any other - *AB253_R1* – 9 – requirement upon the portable cannabis vendor and the temporary cannabis event.
Sec.
Except1. as otherwise provided by regulations adopted by the Board, all provisions of this title and the regulations adopted pursuant thereto relating to the testing and labeling of cannabis and cannabis products and the sale of cannabis and cannabis products on the premises of an adult-use cannabis retail store or a retail cannabis consumption lounge also apply to cannabis and cannabis products sold by a cannabis concierge at a temporary cannabis event.
A person shall not sell cannabis or cannabis products at a temporary cannabis event unless the person is the portable cannabis vendor to whom the temporary cannabis event permit was issued.
2.
Except as otherwise provided by regulations adopted by the Board, all provisions of this title and the regulations adopted pursuant thereto relating to the testing and labeling of cannabis and cannabis products and the sale of cannabis and cannabis products on the premises of an adult-use cannabis retail store or a retail cannabis consumption lounge also apply to cannabis and cannabis products sold at a temporary cannabis event.
A portable cannabis conciergevendor that sellsholds cannabis or cannabis products at a temporary cannabis event shall:
ComplyEnsure withthat allonly procedurespersons andwho requirementsare prescribed18 byyears regulation of theage Boardor forolder are allowed to access the collectiontemporary cannabis event and disposalonly persons 21 years of cannabisage or cannabisolder productsare whichallowed areto leftaccess atareas within the temporary cannabis event anddesignated for the managementsale or consumption of othercannabis or cannabis waste;products;
EnsureComply thatwith all procedures and requirements prescribed by regulation of the cannabisBoard conciergefor engagesthe incollection salesand disposal of cannabis or cannabis products which are left at the temporary cannabis event onlyand withinfor the areasmanagement of theother eventcannabis designatedwaste; for such sales;
Ensure that all sales and consumption of cannabis or cannabis products at the temporary cannabis event are confined to areas within the event designated for such activities;
4.
Ensure that firearms and other weapons are prohibited at the temporary cannabis event;
5.
and6. 4.
Ensure that the temporary cannabis event is held entirely outdoors;
and 7.
A person shall not engage in the business of a portable cannabis conciergevendor unless the person holds a portable cannabis conciergevendor license issued pursuant to this section.
A person who wishes to engage in the business of a portable cannabis conciergevendor must submit to the Board an application on a form prescribed by the Board.
The Board shall issue a portable cannabis conciergevendor license to an applicant if:
- *AB253_R2**AB253_R1* – 910 – (a) The person who wishes to engage in the business of a portable cannabis conciergevendor has submitted to the Board all of the following:
(I) The legal name of the proposed portable cannabis concierge;vendor;
(II) The physical address where the proposed portable cannabis conciergevendor will be located;
(III) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed portable cannabis concierge,vendor, a complete set of the person’s fingerprints and written permission of the person authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report and for submission to the Federal Bureau of Investigation for its report;
and (IV) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of the proposed portable cannabis concierge;vendor;
(3) Operating procedures consistent with the rules of the Board for oversight of the proposed portable cannabis concierge;vendor;
(b) None of the persons who are proposed to be owners, officers or board members of the proposed portable cannabis conciergevendor have:
(1) Served as an owner, officer or board member for a cannabis establishment that has had its portable cannabis conciergevendor license or temporary cannabis conciergeevent sales permit revoked;
and (c) None of the persons who are proposed to be owners, officers or board members of the proposed portable cannabis conciergevendor are under 21 years of age.
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 portable cannabis concierge,vendor, the Board shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for its report and for submission to the Federal Bureau of Investigation to determine the criminal history of that person.
- *AB253_R2**AB253_R1* – 1011 – 5.
Except as otherwise provided in sections 21 and 22 of this act, if an applicant for licensure to engage in the business of a portable cannabis conciergevendor satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and is not disqualified from being licensed pursuant to this section or other applicable law, the Board shall issue to the applicant a portable cannabis conciergevendor license.
A portable cannabis conciergevendor license expires 1 year after the date of issuance and may be renewed upon:
A portable cannabis conciergevendor that sellsholds cannabis and cannabis products at a temporary cannabis event shall purchase all cannabis or cannabis products for resale at the temporary cannabis event from an adult-use cannabis retail store.
(DeletedA bylocal amendment.)government Sec.having jurisdiction over the location in which a temporary cannabis event is to be held may charge the portable cannabis vendor a fee for holding the event.
Sec.
Except as otherwise provided in section 22 of this act, the Board shall issueissue: the first five cannabis concierge licenses to social equity applicants.
For(a) 18The monthsfirst afterportable the date on which the Board issues the fifth cannabis conciergevendor license pursuant to thisa subsection,social theequity Boardapplicant; shall not issue any additional cannabis concierge licenses.
and (b) The second portable cannabis vendor license to an applicant who is not a social equity applicant.
TheAfter Board may, beginning 18 months after the dateBoard onhas whichissued the Boardfirst issuestwo theportable fifth cannabis conciergevendor licenselicenses pursuant to subsection 1, issuethe anBoard: additional 16 cannabis concierge licenses.
The(a) BoardShall shall issue theportable firstcannabis ofvendor those licenses toby analternately applicantissuing whosuch isa notlicense to a social equity applicant and thean secondapplicant ofwho thoseis licensesnot to a social equity applicant.applicant;
Inand issuing(b) Shall not issue a license to an applicant who is not a social equity applicant unless the remainingprevious 14license licenses,issued by the Board:Board was issued to a social equity applicant and vice versa.
(a) Shall issue cannabis concierge licenses by alternately issuing such a license to an applicant who is not a social equity applicant and an applicant who is a social equity applicant;
and (b) Shall not issue a license to a social equity applicant unless the previous license issued by the Board was issued to an applicant who is not a social equity applicant and vice versa.
3.
For 5 years after the date on which the Board issues the 16th cannabis concierge license pursuant to subsection 2, the Board shall not issue any additional cannabis concierge licenses.
4.
The Board may, beginning 5 years after the date on which the Board issues the 16th cannabis concierge license pursuant to subsection 2, issue additional licenses in the manner prescribed by this subsection.
The Board shall issue the first cannabis concierge license pursuant to this subsection to an applicant who is not a social equity applicant and the second cannabis concierge license - *AB253_R2* – 11 – to an applicant who is a social equity applicant.
After the issuance of those two cannabis concierge licenses, the Board:
(a) Shall issue cannabis concierge licenses by alternately issuing a license to an applicant who is not a social equity applicant and an applicant who is a social equity applicant;
and (b) Shall not issue a cannabis concierge license to a social equity applicant unless the previous license issued by the Board was issued to an applicant who is not a social equity applicant and vice versa.
Subject to the requirements of section 21 of this act, if there is more than one qualified applicant for a single portable cannabis conciergevendor license, the Board shall select the qualified applicant to be issued the license onat therandom. basis of a lottery system.
The Board shall revoke the license of a portable cannabis conciergevendor who has held a cannabis concierge license for at least 18 months and has not beenheld issued a temporary cannabis conciergeevent sales permit in the immediately preceding 18 months.
If the portable cannabis conciergevendor whose license is revoked pursuant to this section is:
and - *AB253_R1* – 12 – (b) Not a social equity applicant, the Board shall reissue the license to another qualified applicant who is not a social equity applicant.
(c) CannabisTemporary conciergecannabis salesevent permit issued pursuant to section 14 of this act;
(d) CannabisPortable conciergecannabis vendor license issued pursuant to section 18 of this act;
- *AB253_R2* – 12 – Sec.
678B.065 “Social equity applicant” means an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge or portable cannabis conciergevendor license 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 NRS 678B.323.
Except as otherwise provided in NRS 678B.220, 678B.230 and 678B.240, not later than 90 days after receiving an application - *AB253_R1* – 13 – 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:
(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 - *AB253_R2* – 13 – subsection 1 or 2 of NRS 463.0177 and that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board;
and - *AB253_R1* – 14 – (VI) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment;
- *AB253_R2* – 14 – (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 , temporary cannabis conciergeevent sales permit or portable cannabis conciergevendor license revoked;
For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed medical cannabis establishment, the Board shall submit the fingerprints of the person to the Central - *AB253_R1* – 15 – Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.
- *AB253_R2* – 15 – (d) A public swimming pool.
- *AB253_R1* – 16 – (a) The person who wishes to operate the proposed adult-use cannabis establishment has submitted to the Board all of the following:
- *AB253_R2* – 16 – (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;
- *AB253_R1* – 17 – (I) Procedures to ensure the use of adequate security measures;
(1) Served as an owner, officer or board member for a cannabis establishment that has had its adult-use cannabis establishment license , [or] medical cannabis establishment license , temporary cannabis conciergeevent sales permit or portable cannabis conciergevendor license revoked;
and - *AB253_R2* – 17 – (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.
- *AB253_R1* – 18 – (a) Submission of the information required by the Board by regulation;
The Board shall adopt regulations establishing criteria to be used by the Board for determining whether an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption - *AB253_R2* – 18 – lounge [, cannabis event organizer license] or portable cannabis conciergevendor license qualifies as a social equity applicant for the purposes of this chapter.
The regulations adopted pursuant to subsection 1 must establish the minimum percentage of ownership in a proposed independent cannabis consumption lounge or portable cannabis conciergevendor which will be held by a person or group of persons who have been adversely affected by provisions of previous laws which criminalized activity relating to cannabis for the applicant to qualify as a social equity applicant.
- *AB253_R1* – 19 – (c) A cannabis establishment agent registration card for a cannabis receiver.
(f) A temporary cannabis conciergeevent sales permit.
(g) A portable cannabis conciergevendor license.
The Board shall adopt regulations which prescribe procedures and requirements by which a holder of a license , including, without limitation, the holder of a portable cannabis vendor license who is a social equity applicant, may transfer the license to another party who is qualified to hold such a license pursuant to the provisions of this chapter.
[and]and - *AB253_R2* – 19 – (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 futurefuture. [.] ;
(d) Prohibit the holder of a cannabis concierge license from transferring the license until at least 5 years from the date on which the license was issued;
(e) Require the holder of a cannabis concierge license who wishes to cease operations before the cannabis concierge has held the license for at least 5 years to surrender the license to the Board;
(f) Require the Board to hold a cannabis concierge license surrendered pursuant to paragraph (e) in reserve for issuance to a future applicant for such a license who is:
(1) A social equity applicant if the person who surrendered the license was a social equity applicant;
and (2) Not a social equity applicant if the person who surrendered the license was not a social equity applicant;
and (g) Authorize the transfer of a cannabis concierge license after the license has been held for 5 years only to a transferee who is:
(1) A social equity applicant if the transferor was a social equity applicant;
and (2) Not a social equity applicant if the transferor was not a social equity applicant.
Except as otherwise provided in subsection 3,[3,] 4, the Board shall collect not more than the following maximum fees:
For the initial issuance of a medical cannabis establishment license for a medical cannabis dispensary...............................................................$30,000 For the renewal of a medical cannabis establishment license for a medical cannabis dispensary...................................................................5,000 - *AB253_R1* – 20 – For the initial issuance of a medical cannabis establishment license for a medical cannabis cultivation facility ......................................................3,000....................................................$3,000 For the renewal of a medical cannabis establishment license for a medical cannabis cultivation facility ......................................................1,000 For the initial issuance of a medical 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 - *AB253_R2* – 20 – For the initial issuance of a medical cannabis establishment license for a medical cannabis independent testing laboratory.................................$5,000laboratory...................................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.................................................10,000 - *AB253_R1* – 21 – For the renewal of an adult-use cannabis establishment license for a retail cannabis consumption lounge.................................................10,000lounge...............................................$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 - *AB253_R2* – 21 – For the renewal of an adult-use cannabis establishment license for an adult-use cannabis distributor..................................................$5,000distributor....................................................5,000 For the initial issuance of a cannabis concierge license to a person who is not a social equity applicant.....................................................................5,000 For the renewal of a cannabis concierge license for a person who is not a social equity applicant..........................................................3,000 For the initial issuance of a cannabis concierge license to a person who a social equity applicant.....................................................................2,500 For the renewal of a cannabis concierge license for a person who is a social equity applicant.....................................................................1,500 For the issuance of a cannabis concierge sales permit............................................................................250 For each person identified in an application for the initial issuance of a cannabis establishment agent registration card............................150 For each person identified in an application for the renewal of a cannabis establishment agent registration card.............................................................150 2.
The Board shall establish by regulation fees for the issuance and renewal of a portable cannabis vendor license.
3.
and[and] (b) The application fee set forth in subsectionparagraph 3,(c) of forsubsection a[3,] social4; equity applicant.
and (c) The initial issuance and renewal of a portable cannabis vendor license, for a social equity applicant.
3.[3.] 4.
Except as otherwise provided in subsection 2,[2,] 3, 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:
- *AB253_R1* – 22 – (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;
- *AB253_R2* – 22 – (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;
4.[4.] 5.
or (b) Sell, offer to sell or appear to sell cannabis or cannabis products or allow the submission of an order for cannabis or cannabis products, unless the person holds an adult-use cannabis establishment license , [or] a medical cannabis establishment license [.] or a portable cannabis conciergevendor license.
- *AB253_R1* – 23 – (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 - *AB253_R2* – 23 – registry identification cards and letters of approval, as those terms are defined in NRS 678C.080 and 678C.070, respectively;
- *AB253_R1* – 24 – 10.
- *AB253_R2* – 24 – 11.
Set forth rules pertaining to the safe and healthful conductoperation of sales of cannabis or cannabis products by a cannabis concierge at a temporary cannabis event,events, including, without limitation:
and (b) Procedures and requirements for the collection and disposal of cannabis and cannabis products which are left at a temporary cannabis event and the management of cannabis waste;
and (c) The method by which a portable cannabis vendor must estimate the expected attendance at a proposed temporary cannabis event;
- *AB253_R1* – 25 – (1) If the possession of the cannabis or paraphernalia is discovered because the person engaged or assisted in the medical use of cannabis in:
or - *AB253_R2* – 25 – (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;
- *AB253_R1* – 26 – (d) Aiding and abetting another in the possession or delivery of paraphernalia;
and - *AB253_R2* – 26 – (f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.
If a person possesses, uses or produces cannabis in an amount which exceeds the amount set forth in paragraph (d) of - *AB253_R1* – 27 – subsection 3 or in any manner other than that set forth in subsection 3, the person is not exempt from state prosecution for the possession, delivery or production of cannabis.
- *AB253_R2* – 27 – 5.
A person who holds an adult-use cannabis establishment license issued to the person pursuant to NRS 678B.250, a portable cannabis conciergevendor license issued to the person pursuant to section 18 of this act, a cannabis establishment agent registration card issued to the person pursuant to NRS 678B.340, a cannabis establishment agent registration card for a cannabis executive issued to the person pursuant to NRS 678B.350 or a cannabis establishment agent registration card for a cannabis receiver issued to the person pursuant to NRS 678B.355, and confines his or her activities to those authorized by this title, and the regulations adopted by the Board pursuant thereto, is exempt from state prosecution for:
- *AB253_R1* – 28 – (1) If the possession of the cannabis or paraphernalia is discovered because the person engaged in the adult use of cannabis in:
or - *AB253_R2* – 28 – (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;
- *AB253_R1* – 29 – (a) For a first violation, a misdemeanor punished by a fine of not more than $600.
- *AB253_R2* – 29 – 3.
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 - *AB253_R1* – 30 – with the intent that it will be procured by any person under 21 years of age is guilty of a misdemeanor.
- *AB253_R2* – 30 – 10.
35.3.
Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
A person shall not hold a temporary cannabis event in an unincorporated area of a county unless the board of county commissioners of the county has adopted an ordinance pursuant to this section providing for the permitting of such events and the person has obtained such a permit.
2.
The board of county commissioners of each county may, by ordinance, provide for the issuance of a permit authorizing the holder of the permit to hold a temporary cannabis event.
3.
An ordinance adopted pursuant to subsection 2 must:
(a) Require each applicant for a permit to hold a temporary cannabis event to submit an application to the board of county commissioners on a form prescribed by the board of county commissioners which must include:
(1) The name, address, telephone number and electronic mail address of the applicant;
(2) The physical address of the location at which the proposed temporary cannabis event will be held, the location 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 permit was submitted to the board of county commissioners, within 300 feet of a community facility that existed on the date on which the application for the permit was submitted to the board of county commissioners or, if the temporary cannabis event 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 permit was submitted to the board of county commissioners;
(3) The date or dates of the proposed temporary cannabis event, which must not exceed 3 consecutive days;
(4) The number of persons reasonably expected to attend the proposed temporary cannabis event, which must be not less than 750 persons, and evidence to support this expectation;
(5) A diagram of the physical layout of the proposed temporary cannabis event, which clearly sets forth each:
- *AB253_R2* – 31 – (I) Entrance and exit to the proposed temporary cannabis event that will be used by participants during the event;
(II) Area within the proposed temporary cannabis event designated for the sale of cannabis or cannabis products;
and (III) Area within the proposed temporary cannabis event designated for the consumption of cannabis or cannabis products;
(6) An attestation by the applicant that he or she understands and agrees to comply with the requirements described in paragraph (e);
and (7) Such other information as the board of county commissioners may require.
(b) Require:
(1) The issuance of a permit to be deemed conditional until the person issued the permit submits to the board of county commissioners evidence that a cannabis concierge has been issued a cannabis concierge sales permit by the Cannabis Compliance Board pursuant to section 14 of this act to sell cannabis and cannabis products at the event;
and (2) The surrender of a conditional permit if the person issued the permit does not satisfy the requirements of subparagraph (1) within a period of time determined by the board of county commissioners.
(c) Require each permit issued by the board of county commissioners to set forth the location and date or dates of the temporary cannabis event for which the permit is issued.
(d) Require all consumption of usable cannabis by means of smoking at the temporary cannabis event to be conducted in an enclosed structure that meets any standards for air quality or other standards established by the board of county commissioners, unless the board of county commissioners determines this requirement not to be appropriate for a particular temporary cannabis event based on the attributes of the event.
(e) Establish requirements for the operation of temporary cannabis events.
Such requirements must require the person who obtained the permit to ensure that:
(1) Only persons who are 21 years of age or older are allowed to access areas within the temporary cannabis event designated for the sale or consumption of cannabis or cannabis products;
and (2) Firearms and other weapons are prohibited at the temporary cannabis event.
4.
If a board of county commissioners adopts an ordinance pursuant to subsection 2, the board of county commissioners may:
(a) Establish and collect a fee for the issuance of a permit.
(b) Grant or deny applications for the issuance of a permit.
- *AB253_R2* – 32 – (c) Impose conditions, limitations and restrictions upon a permit.
(d) Establish any other requirements necessary to carry out the ordinance, including, without limitation, the imposition of a penalty for a violation of the ordinance.
(e) Adopt, amend and repeal regulations relating to the ordinance.
5.
For the purposes of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the main entrance of the proposed temporary cannabis event to the closest point of the property line of a school, community facility or gaming establishment.
6.
As used in this section:
(a) “Cannabis” has the meaning ascribed to it in NRS 678A.085.
(b) “Cannabis concierge” has the meaning ascribed to it in section 4 of this act.
(c) “Cannabis product” has the meaning ascribed to it in NRS 678A.120.
(d) “Community facility” has the meaning ascribed to it in NRS 678B.210.
(e) “Smoking” means inhaling, exhaling, burning or carrying of a lighted cigarette, cigar, pipe or any other matter or substance that contains usable cannabis.
(f) “Temporary cannabis event” has the meaning ascribed to it in section 6 of this act.
(g) “Usable cannabis” has the meaning ascribed to it in NRS 678C.100.
Sec.
35.6.
Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
A person shall not hold a temporary cannabis event in an incorporated city in this State unless the governing body of the incorporated city has adopted an ordinance pursuant to this section providing for the permitting of such events and the person has obtained such a permit.
2.
The governing body of the incorporated city may, by ordinance, provide for the issuance of a permit authorizing the holder of the permit to hold a temporary cannabis event.
3.
An ordinance adopted pursuant to subsection 2 must:
(a) Require each applicant for a permit to hold a temporary cannabis event to submit an application to the governing body on a form prescribed by the governing body, which much include:
(1) The name, address, telephone number and electronic mail address of the applicant;
- *AB253_R2* – 33 – (2) The physical address of the location at which the proposed temporary cannabis event will be held, the location 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 permit was submitted to the governing body, within 300 feet of a community facility that existed on the date on which the application for the permit was submitted to the governing body or, if the temporary cannabis event 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 permit was submitted to the governing body;
(3) The date or dates of the proposed temporary cannabis event, which must not exceed 3 consecutive days;
(4) The number of persons reasonably expected to attend the proposed temporary cannabis event, which must be not less than 750 persons, and evidence to support this expectation;
(5) A diagram of the physical layout of the proposed temporary cannabis event, which clearly sets forth each:
(I) Entrance and exit to the proposed temporary cannabis event that will be used by participants during the event;
(II) Area within the proposed temporary cannabis event designated for the sale of cannabis or cannabis products;
and (III) Area within the proposed temporary cannabis event designated for the consumption of cannabis or cannabis products;
(6) An attestation by the applicant that he or she understands and agrees to comply with the requirements described in paragraph (e);
and (7) Such other information as the governing body may require.
(b) Require:
(1) The issuance of a permit to be deemed conditional until the person issued the permit submits to the governing body evidence that a cannabis concierge has been issued a cannabis concierge sales permit by the Cannabis Compliance Board pursuant to section 14 of this act to sell cannabis and cannabis products at the event;
and (2) The surrender of a conditional permit if the person issued the permit does not satisfy the requirements of subparagraph (1) within a period of time determined by the governing body.
- *AB253_R2* – 34 – (c) Require each permit issued by the governing body to set forth the location and date or dates of the temporary cannabis event for which the permit is issued.
(d) Require all consumption of usable cannabis by means of smoking at a temporary cannabis event to be conducted in an enclosed structure that meets any standards for air quality or other standards established by the governing body, unless the governing body determines this requirement not to be appropriate for a particular temporary cannabis event based on the attributes of the event.
(e) Establish requirements for the operation of temporary cannabis events.
Such requirements must require the person who obtained the permit to ensure that:
(1) Only persons who are 21 years of age or older are allowed to access areas within the temporary cannabis event designated for the sale or consumption of cannabis or cannabis products;
and (2) Firearms and other weapons are prohibited at the temporary cannabis event.
4.
If a governing body of an incorporated city adopts an ordinance pursuant to subsection 2, the governing body may:
(a) Establish and collect a fee for the issuance of a permit.
(b) Grant or deny applications for the issuance of a permit.
(c) Impose conditions, limitations and restrictions upon a permit.
(d) Establish any other requirements necessary to carry out the ordinance, including, without limitation, the imposition of a penalty for a violation of the ordinance.
(e) Adopt, amend and repeal regulations relating to the ordinance.
5.
For the purposes of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the main entrance of the proposed temporary cannabis event to the closest point of the property line of a school, community facility or gaming establishment.
6.
As used in this section:
(a) “Cannabis” has the meaning ascribed to it in NRS 678A.085.
(b) “Cannabis concierge” has the meaning ascribed to it in section 4 of this act.
(c) “Cannabis product” has the meaning ascribed to it in NRS 678A.120.
(d) “Community facility” has the meaning ascribed to it in NRS 678B.210.
- *AB253_R2* – 35 – (e) “Smoking” means inhaling, exhaling, burning or carrying of a lighted cigarette, cigar, pipe or any other matter or substance that contains usable cannabis.
(f) “Temporary cannabis event” has the meaning ascribed to it in section 6 of this act.
(g) “Usable cannabis” has the meaning ascribed to it in NRS 678C.100.
Sec.
“Cannabis“Portable concierge”cannabis vendor” has the meaning ascribed to it in section 4 of this act.
CannabisPortable concierge.cannabis vendor.
An excise tax is hereby imposed on each retail sale in this State of cannabis or cannabis products by an adult-use cannabis retail store , [or] cannabis consumption lounge or portable cannabis conciergevendor at the rate of 10 percent of the sales price of the cannabis or - *AB253_R1* – 31 – cannabis products.
- *AB253_R2* – 36 – (b) Is separate from and in addition to any general state and local sales and use taxes that apply to retail sales of tangible personal property.
- *AB253_R1* – 32 – (d) “Medical cannabis cultivation facility” has the meaning ascribed to it in NRS 678A.170.
- *AB253_R2* – 37 – (f) “Wholesale sale” means a sale or transfer of cannabis by a cannabis cultivation facility to another cannabis establishment.
(DeletedNRS by387.1212 amendment.)is Sec.hereby amended to read as follows:
387.1212 1.
The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the public schools in this State.
The interest and income earned on the money in the Fund, excluding the direct legislative appropriation from the State General Fund required by subsection 3, must, after deducting any applicable charges, be credited to the Fund.
2.
Money which must be deposited for credit to the State Education Fund includes, without limitation:
(a) All money derived from interest on the State Permanent School Fund, as provided in NRS 387.030;
(b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;
(c) The proceeds of the tax imposed pursuant to subsection 1 of NRS 387.195;
(d) The money identified in subsection 8 of NRS 120A.610;
(e) The portion of the money in each special account created pursuant to subsection 1 of NRS 179.1187 which is identified in paragraph (d) of subsection 2 of NRS 179.1187;
(f) The money identified in paragraph (d) of subsection 6 of NRS 278C.250;
(g) The money identified in subsection 1 of NRS 328.450;
(h) The money identified in subsection 1 of NRS 328.460;
(i) The money identified in paragraph (a) of subsection 2 of NRS 360.850;
(j) The money identified in paragraph (a) of subsection 2 of NRS 360.855;
(k) The money required to be transferred to the State Education Fund pursuant to NRS 362.100;
(l) The money required to be paid over to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 4 of NRS 362.170;
- *AB253_R1* – 33 – (m) The portion of the proceeds of the tax imposed pursuant to subsection 1 of NRS 372A.290 identified in paragraph (b) of subsection 4 of NRS 372A.290;
(n) The proceeds of the tax imposed pursuant to subsection 3 of NRS 372A.290;
(o) The proceeds of the fees, taxes, interest and penalties imposed pursuant to chapter 374 of NRS, as transferred pursuant to subsection 3 of NRS 374.785;
(p) The money identified in subsection 5 of NRS 445B.640;
(q) The money identified in paragraph (b) of subsection [4] 5 of NRS 678B.390;
(r) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;
(s) The money required to be distributed to the State Education Fund pursuant to subsection 3 of NRS 482.181;
(t) The portion of the proceeds of the fee imposed pursuant to NRS 488.075 identified in subsection 2 of NRS 488.075;
(u) The portion of the net profits of the grantee of a franchise, right or privilege identified in NRS 709.110;
(v) The portion of the net profits of the grantee of a franchise identified in NRS 709.230;
(w) The portion of the net profits of the grantee of a franchise identified in NRS 709.270;
(x) The money required to be distributed to the State Education Fund pursuant to NRS 363D.290;
and (y) The direct legislative appropriation from the State General Fund required by subsection 3.
3.
In addition to money from any other source provided by law, support for the State Education Fund must be provided by direct legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium.
Money in the State Education Fund does not revert to the State General Fund at the end of a fiscal year, and the balance in the State Education Fund must be carried forward to the next fiscal year.
4.
Money in the Fund must be paid out on claims as other claims against the State are paid.
Sec.
- *AB253_R1* – 34 – 2.
(c) A personportable who holds a temporary cannabis event,vendor, as defined in section 64 of this act, forthat whichholds a permittemporary hascannabis beenevent, issuedas bydefined thein board of county commissioners of a county pursuant to section 35.36 of this act or the governing body of an incorporated city pursuant to section 35.6 of this act, as applicable, and whose activities are confined to those authorized byin thetitle board56 of countyNRS. commissioners or governing body, as applicable, by ordinance.
[(c)] (d) AAny cannabisperson concierge,who asopens definedor maintains any public place in sectionwhich 4a ofperson thisis act,authorized thatto sellsconsume cannabiscannabis, oras cannabisdefined productsin atNRS a678A.085, temporaryor cannabis event,products, as defined in sectionNRS 6678A.120, ofpursuant thisto act,regulations adopted by the Cannabis Compliance Board pursuant to NRS 678B.645, and whose activities are confined to those authorized inby titlesuch 56regulations. of NRS.
(e) Any person who opens or maintains any public place in which a person is authorized to consume cannabis, as defined in NRS 678A.085, or cannabis products, as defined in NRS 678A.120, pursuant to regulations adopted by the Cannabis Compliance Board pursuant to NRS 678B.645, and whose activities are confined to those authorized by such regulations.
- *AB253_R2* – 38 – Sec.
41.3.
1.
There is hereby appropriated from the State General Fund to the Department of Taxation for payments under the cost allocation plan for services of the Attorney General and for personnel, travel, operating, equipment and information services expenses associated with implementing the provisions of this act the following sums:
For the Fiscal Year 2023-2024..................................$106,333 For the Fiscal Year 2024-2025..................................$118,021 2.
Any balance of the sums appropriated by subsection 1 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
41.5.
For the purposes of subsection 2 of section 22 of this act, a person who has been issued one of the first five cannabis concierge licenses pursuant to subsection 1 of section 21 of this act shall be deemed to hold a cannabis concierge license 2 years after the date on which the cannabis concierge license was issued to the person.
Sec.
SectionSections 41.31 to 41, inclusive, of this act becomesbecome effectiveeffective: on July 1, 2023.
3.(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
Sections 1 to 41, inclusive, and 41.5(b) ofOn this act become effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2024,2024 for all other purposes.
H - *AB253_R2**AB253_R1*
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(No further action taken.)
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From printer. To reengrossment. Reengrossed. Second reprint. To Chief Clerk's desk. Taken from Chief Clerk's desk. Placed on General File. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 30, Nays: 12.) To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 865.) Placed on Chief Clerk's desk. To printer.
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From printer. To engrossment. Engrossed. First reprint. To committee.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 393.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Judiciary. To printer.
Sponsors
- Brittney M. Miller · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Miller, Brittney M. Democratic
Co-sponsors (0)
None.
Not signed on (66)
66 members have not signed on to this bill.
Show all 66 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 253?
- AB 253 is sponsored by Miller, Brittney M. (Democratic).
- What is the current status of AB 253?
- This bill died with 2023 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 253?
- Track AB 253 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 2 months ago · updated continuously
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