Nevada 2023 Regular Session Status: Enacted 3 D cosponsors

SB 277 — Revises provisions relating to cannabis. (BDR 56-193)

Last action — Chapter 423.

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

This bill has been enacted into law. Introduced March 14, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 14, 2023.

Prognosis

Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1573 added · 1651 removed

1573 line(s) added, 1651 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE EXEMPT (§§ 3, 10, 17) (Reprinted with amendments adopted on May 31, 2023) FIRST REPRINT S.B.
Senate Bill No.
277 SENATE B ILLN O.
277–Senators D.
277–S ENATORS D.
Harris;
HARRIS ;
Flores, Neal and Nguyen CHAPTER..........
FLORES , NEAL AND NGUYEN M ARCH 14, 2023 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to cannabis.
(BDR 56-193) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
increasing certain fees for the issuance and renewal of an adult-use cannabis establishment license;
decreasing certain fees for the issuance and renewal of an adult-use cannabis establishment license;
- *SB277_R1* – 2 – LegExisting law provides for the licensure and regulation of persons and establishments involved in the cannabis industry in this State by the Cannabis Compliance Board.
Legislative Counsel’s Digest:
(Title 56 of NRS) Existing law sets forth the method by which the Board may adopt, amend or repeal regulations.
Existing law provides for the licensure and regulation of persons and establishments involved in the cannabis industry in this State by the Cannabis Compliance Board.
(NRS 678A.460) Section 1.5 of this bill requires the Board, before adopting, amending or repealing any regulation, to consider whether the proposed action is likely to have an adverse effect on the environment and, if so, whether there are any methods to reduce or eliminate that adverse effect which would not impose an economic burden on holders of an adult- useExisting law establishes different requirements for the cultivation, production and sale of cannabis and cannabis products depending upon whether the cannabis establishment engaging in such activities is an adult-use cannabis establishment or a medical cannabis establishment.
(Title 56 of NRS) Existing law sets forth the method by which this bill requires the Board, before adopting, amending or repealing any regulation, to consider whether the proposed action is likely to have an adverse effect on the environment and, if so, whether there are any methods to reduce or eliminate that adverse effect which would not impose an economic burden on holders of an adult- use cannabis establishment license or medical cannabis establishment license.
(Chapters 678C and 678D of NRS) Under existing law, a person who holds both an adult-use cannabis establishment license and a medical cannabis establishment license of the same type is a “dual licensee” and is, in general, authorized to combine the operations of the adult-use cannabis establishment and medical cannabis establishment, subject to various requirements.
and sale of cannabis and cannabis products depending upon whether the cannabistion establishment engaging in such activities is an adult-use cannabis establishment or a medical cannabis establishment.
(NRS 678A.145, 678C.410, 678C.430, 678D.430) Section 13 of this bill deems establishment to engage in activities relating to the medical use of cannabis to the same extent as if the adult-use cannabis establishment held a medical cannabis establishment license of the same type.
(Chapters 678C and 678D of NRS) Under existing law, a person who holds both an adult-use cannabis establishment license and a medical cannabis establishment license of the same type is a “dual licensee” establishment and medical cannabis establishment, subject to various requirements.
Section 15 of this bill exempts from the excise tax imposed on retail sales of cannabis or cannabis products by an adult-use cannabis retail store any sale of cannabis for the medical use of cannabis or a medical cannabis product to the holder of a registry identification card or letter of approval by an adult-use cannabis retail store deemed to be a dual licensee pursuant to section 13.
- 82nd Session (2023) – 2 – (NRS 678A.145, 678C.410, 678C.430, 678D.430) Section 13 of this bill deems each adult-use cannabis establishment to be a dual licensee and authorizes the establishment to engage in activities relating to the medical use of cannabis to the same extent as if the adult-use cannabis establishment held a medical cannabis establishment license of the same type.
Sections 3, 5 and 6 of this bill prohibit the Board from issuing or renewing a medical cannabis establishment is located in a local governmental jurisdiction that is a “covered jurisdiction,” which section 3 defines to mean a local governmental jurisdiction that has adopted local cannabis control measures which prohibit the operation of adult-use cannabis establishments.
Section 15 of this bill exempts from the excise tax imposed on retail sales of cannabis or cannabis products by an adult-use medical cannabis product to the holder of a registry identification card or letter of approval by an adult-use cannabis retail store deemed to be a dual licensee pursuant to section 13.
Sections 3, 5 and 6 of this bill prohibit the Board from issuing or renewing a medical cannabis establishment license on or after January 1, 2024, unless the medical cannabis establishment is located in a local governmental jurisdiction that is a “covered jurisdiction,” which section 3 defines to mean a local governmental jurisdiction that has adopted local cannabis control measures which prohibit the operation of adult-use cannabis establishments.
Section 3 sets forth a similar process to allow a person who holds a medical cannabis establishment license for a medical issued an adult-use cannabis establishment license of the same type if the locald be governmental jurisdiction in which the establishment is located ceases to be a covered jurisdiction.
Section 3 sets forth a similar process to allow a person who holds a medical cannabis establishment license for a medical cannabis establishment that is located in a covered jurisdiction to apply for and be issued an adult-use cannabis establishment license of the same type if the local covered jurisdiction.tion in which the establishment is located ceases to be a Existing law imposes limits on the number of:
Existing law imposes limits on the number of:
and (2) medical cannabis establishment licenses and adult-use cannabis establishment licenses that a single person, group of persons or entity is authorized to hold in a county whose population is 100,000 or 678B.260, 678B.270) Sections 3 and 17 deem an adult-use cannabis establishment license issued pursuant to those sections to be a medical cannabis establishment license for the purpose of those limitations, thereby exempting such a license from the limitations applicable to adult-use cannabis establishment licenses while - *SB277_R1* – 3 – establishment licenses.uch licenses to the limitations applicable to medical cannabis Section 10 of this bill increases the maximum amount of the fees that the Board is authorized to charge for the issuance or renewal of an adult-use cannabis establishment license.
and (2) medical cannabis establishment licenses and adult-use cannabis establishment licenses that a single person, group of persons or entity is authorized to hold in a county whose population is 100,000 or more (currently Clark and Washoe Counties).
(NRS 678B.220, 678B.230, 678B.260, 678B.270) Sections 3 and 17 deem an adult-use cannabis establishment license issued pursuant to those sections to be a medical cannabis establishment license for the purpose of those limitations, thereby exempting such a license from the limitations applicable to adult-use cannabis establishment licenses while continuing to subject such licenses to the limitations applicable to medical cannabis establishment licenses.
Section 10 of this bill decreases the maximum amount of the fees that the Board is authorized to charge for the issuance or renewal of an adult-use cannabis establishment license, other than the fee for the initial issuance of an adult-use that is equal to the amount set forth under existing law for the issuance or renewal, as applicable, of a medical cannabis establishment license of the same type.
(NRS 678B.510) Section 11 of this bill authorizes any cannabis establishment to have more than one entrance so long as eacExisting law provides an exemption from state prosecution for the possession, delivery and production of cannabis for:
(NRS 678B.510) Section 11 of this bill authorizes any cannabis establishment to have more than one entrance so long as each entrance is secure.
Existing law provides an exemption from state prosecution for the possession, delivery and production of cannabis for:
(NRS 678C.200, 678D.200) However, under existing law, that exemption is subject to certain limitations.
(NRS 678C.200, 678D.200) However, under existing law, that exemption is - 82nd Session (2023) – 3 – subject to certain limitations.
and (4) a maximum allowable quantity of adult-use cannabis products established by amount of usable cannabis, from 1 ounce to 2.5 ounces, and the amount ofs the concentrated cannabis, from one-eighth of an ounce to one-fourth of an ounce, that a person who is 21 years of age or older is authorized to possess, deliver or produce at any one time and remain subject to the exemption from state prosecution for the possession, delivery and production of cannabis.
and (4) a maximum allowable quantity of adult-use cannabis products established by regulation of the Board.
(NRS 678D.200) Section 14 of this bill increases the concentrated cannabis, from one-eighth of an ounce to one-fourth of an ounce, that a person who is 21 years of age or older is authorized to possess, deliver or produce at any one time and remain subject to the exemption from state prosecution for the possession, delivery and production of cannabis.
(1) one cannabis products containing not more than 3,543 milligrams of THC;
(1) one ounce of usable cannabis;
or (3) as or combination of usable and concentrated cannabis not to exceed the legal limit.
(2) one-eighth of an ounce of concentrated cannabis or cannabis products containing not more than 3,543 milligrams of THC;
or (3) a combination of usable and concentrated cannabis not to exceed the legal limit.
Section 4 of this bill instead prohibits any cannabis sales facility from selling to a person in any one transaction more than 2.5 ounces of usable cannabis or one-fourth of an ounce of concentrated cannabis.
Section 4 of this bill instead prohibits any cannabis sales facility from selling to a person in any one transaction more than 2.5 ounces of usable cannabis or one-fourth of an ounce of concentrated cannExisting law prohibits the Board from issuing a:
Existing law prohibits the Board from issuing a:
(1) medical cannabis establishment license or adult-use cannabis establishment license if any of the persons proposed to be owners, officers or board members of the proposed medical or adult-use cannabis establishment have been convicted of an excluded felony offense;
(1) medical cannabis persons proposed to be owners, officers or board members of the proposed medical or adult-use cannabis establishment have been convicted of an excluded felony offense;
(1) grant the exemption only if the Board determines that doing so would not pose a threat to the public impose any conditions and limitations on the granting of an exemption that the (2) Board determines necessary to preserve the public health and safety or mitigate the impact of granting the exemption on the cannabis industry in this State.
(1) grant the exemption only if the Board determines that doing so would not pose a threat to the public health or safety or negatively impact the cannabis industry in this State;
and (2) impose any conditions and limitations on the granting of an exemption that the Board determines necessary to preserve the public health and safety or mitigate the impact of granting the exemption on the cannabis industry in this State.
Sections 5, 7 and 8 of this bill revise provisions setting forth the prohibitions - *SB277_R1* – 4 – concerning excluded felony offenses to reflect the authorization provided in section 4.5 for the Board to grant an exemption from those prohibitions.
Sections 5, 7 and 8 of this bill revise provisions setting forth the prohibitions 4.5 for the Board to grant an exemption from those prohibitions.
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Existing law requires a person who holds an ownership interest of less than 5 percent in a cannabis establishment to register with the Board as a cannabis establishment agent and obtain a cannabis establishment agent registration card.
provided in section Existing law requires a person who holds an ownership interest of less than 5 percent in a cannabis establishment to register with the Board as a cannabis establishment agent and obtain a cannabis establishment agent registration card.
bill eliminates provisions authorizing the Board to adopt regulations establishingis policies and procedures pursuant to which the Board may waive the requirement for a person who holds an ownership interest in a cannabis establishment of less than 5 percent to reflect the elimination of that requirement in section 8.
(NRS 678B.340) Section 8 of this bill eliminates that requirement.
Existing law authorizes the board of county commissioners of a county and the governing body of an incorporated city to fix, impose and collect a license tax on cannabis establishments.
Section 1 of this bill eliminates provisions authorizing the Board to adopt regulations establishing policies and procedures pursuant to which the Board may waive the requirement for a person who holds an ownership interest in a cannabis establishment of less than 5 percent to reflect the elimination of that requirement in section 8.
(NRS 244.35253, 268.0977) Sections 14.3 and 14.6 of body of an incorporated city to use any portion of any money collected from thating license tax to educate the public on safely purchasing cannabis and cannabis products from licensed cannabis establishments and the safe consumption of cannabis products.
Existing law authorizes the board of county commissioners of a county and the governing body of an incorporated city to fix, impose and collect a license tax on - 82nd Session (2023) – 4 – cannabis establishments.
Existing law defines “marijuana” for the purposes of the regulation of controlled substances.
(NRS 244.35253, 268.0977) Sections 14.3 and 14.6 of this bill authorize the board of county commissioners of a county and the governing body of an incorporated city to use any portion of any money collected from that license tax to educate the public on safely purchasing cannabis and cannabis cannabis products.nsed cannabis establishments and the safe consumption of Existing law defines “marijuana” for the purposes of the regulation of controlled substances.
(1) root balls which have been fully separated from the plant.
(1) root balls which have been fully separated from the stalks of the plant of the genus Cannabis after harvest;
of the plant of the genus Cannabis after harvest;
and (2) the seeds of that plant.
and (2) the seeds of that Under the federal Controlled Substances Act, cannabis, referred to as “marihuana,” is included in the list of controlled substances in schedule I.
“marihuana,” is included in the list of controlled substances in schedule I.
§ 812) Similarly, existing regulations adopted by the State Board of Pharmacy pursuant to the provisions of the state Uniform Controlled Substances Act include cannabis, referred to as “marijuana,” in the list of controlled substances requires the Cannabis Advisory Commission to conduct a study concerning the potential effects of the removal of cannabis from the list of controlled substances included in schedule I pursuant to the federal Controlled Substances Act or the state Uniform Controlled Substances Act on the cannabis industry in this State.
§ 812) Similarly, existing regulations adopted by the State Board of Pharmacy pursuant to the provisions of the state Uniform Controlled Substances Act include cannabis, referred to as “marijuana,” in the list of controlled substances in schedule I.
(NRS 453.011-453.348;
NAC 453.510) Section 16 of this bill requires the Cannabis Advisory Commission to conduct a study concerning the included in schedule I pursuant to the federal Controlled Substances Act or the state Uniform Controlled Substances Act on the cannabis industry in this State.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB277_R1* – 5 – (d) Policies and procedures to ensure that the cannabis industry in this State is economically competitive, inclusive of racial minorities, women and persons and communities that have been adversely affected by cannabis prohibition and accessible to persons of low-income seeking to start a business.
(d) Policies and procedures to ensure that the cannabis industry in this State is economically competitive, inclusive of racial minorities, women and persons and communities that have been adversely affected by cannabis prohibition and accessible to persons of low-income seeking to start a business.
(e) [Policies and procedures governing the circumstances under which the Board may waive the requirement to obtain a registration card pursuant to this title for any person who holds an ownership interest of less than 5 percent in any one cannabis establishment or an ownership interest in more than one cannabis establishment of the same type that, when added together, is less than 5 percent.
(e) [Policies and procedures governing the circumstances under which the Board may waive the requirement to obtain a registration card pursuant to this title for any person who holds an ownership - 82nd Session (2023) – 5 – interest of less than 5 percent in any one cannabis establishment or an ownership interest in more than one cannabis establishment of the same type that, when added together, is less than 5 percent.
(f)] Reasonable restrictions on the signage, marketing, display and advertising of cannabis establishments.
(f)] Reasonable restrictions on the signage, marketing, display not require a cannabis establishment to obtain the approval of thet Board before using a logo, sign or advertisement.
Such a restriction must not require a cannabis establishment to obtain the approval of the Board before using a logo, sign or advertisement.
(a) Is in existence, operational and operated for a profit;
- *SB277_R1* – 6 – (a) At least 30 days before a meeting of the Board at which the adoption, amendment or repeal of a regulation is considered, notice of the proposed action must be:
(a) At least 30 days before a meeting of the Board at which the adoption, amendment or repeal of a regulation is considered, notice of the proposed action must be:
and (3) When the Board deems advisable, mailed to any person whom the Board believes would be interested in the proposed action, and published in such additional form and manner as the Board prescribes.
and (3) When the Board deems advisable, mailed to any person whom the Board believes would be interested in the proposed - 82nd Session (2023) – 6 – Board prescribes.shed in such additional form and manner as the (b) The notice of proposed adoption, amendment or repeal must include:
(b) The notice of proposed adoption, amendment or repeal must include:
[The Board shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.] (d) Before adopting, amending or repealing any regulation, the Board shall consider:
[The Board shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.] the Board shall consider:mending or repealing any regulation, (1) Whether the proposed action is likely to have an adverse effect on the environment and, if so, whether there are any methods to reduce or eliminate that adverse effect which would not impose an economic burden upon licensees;
(1) Whether the proposed action is likely to have an adverse effect on the environment and, if so, whether there are any methods to reduce or eliminate that adverse effect which would not impose an economic burden upon licensees;
Upon receipt of the petition, the Board shall within 45 days deny the request in writing or schedule the matter for action pursuant to this subsection.
Upon receipt of the petition, the Board shall within 45 days deny this subsection.riting or schedule the matter for action pursuant to 2.
2.
- *SB277_R1* – 7 – (a) The Board submits to the Governor:
(a) The Board submits to the Governor:
(b) The Governor endorses the written finding and written statement described in paragraph (a) by written endorsement at the end of the full text of the written statement and written finding;
- 82nd Session (2023) – 7 – (b) The Governor endorses the written finding and written statement described in paragraph (a) by written endorsement at the end of the full text of the written statement and written finding;
and (c) The Board files the written statement and written finding endorsed by the Governor at the same time it adopts, amends or repeals the regulation.
and (c) The Board files the written statement and written finding repeals the regulation.r at the same time it adopts, amends or 3.
3.
Upon the request of a Legislator, the Legislative Commission may examine a regulation adopted, amended or repealed by the Board that is not yet effective pursuant to subsection 4 to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority.
Upon the request of a Legislator, the Legislative Commission may examine a regulation adopted, amended or repealed by the Board that is not yet effective pursuant to subsection to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority.
(a) Review the regulation at its next regularly scheduled meeting if the request for examination of the regulation is received more than 10 working days before the meeting;
if the request for examination of the regulation is received more than working days before the meeting;
Upon receipt of such a notice, the Legislative Counsel - *SB277_R1* – 8 – shall refer the regulation for review by the Subcommittee to Review Regulations as soon as practicable.
Upon receipt of such a notice, the Legislative Counsel shall refer the regulation for review by the Subcommittee to Review Regulations as soon as practicable.
If the Legislative Commission, or the Subcommittee to Review Regulations if the regulation was referred to the Subcommittee, approves the regulation, the Legislative Counsel shall notify the Board that the Board may file the regulation with the Secretary of State.
If the Legislative Commission, or the Subcommittee to Review Regulations if the regulation was referred to the - 82nd Session (2023) – 8 – shall notify the Board that the Board may file the regulation with the Secretary of State.
Upon receipt of the revised regulation, the Legislative Counsel shall resubmit the regulation to the Legislative Commission or the Subcommittee for review.
Upon receipt of regulation to the Legislative Commission or the Subcommittee forhe review.
Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 4.5 of this act.
Chapter 678B of NRS is hereby amended by adding theSec.
Sec.
Except as otherwise provided in this section, the Board shall not, on or after January 1, 2024, issue any additional medical cannabis establishment licenses or renew a medical cannabis establishment license pursuant to NRS 678B.210.
Except as otherwise provided in this section, theis act.
Board shall not, on or after January 1, 2024, issue any additional medical cannabis establishment licenses or renew a medical cannabis establishment license pursuant to NRS 678B.210.
(a) Issue a medical cannabis establishment license to an applicant pursuant to NRS 678B.210 if the proposed medical - *SB277_R1* – 9 – cannabis establishment will be located in a local governmental jurisdiction that is a covered jurisdiction.
(a) Issue a medical cannabis establishment license to an applicant pursuant to NRS 678B.210 if the proposed medical cannabis establishment will be located in a local governmental jurisdiction that is a covered jurisdiction.
(b) Renew the medical cannabis establishment license of a medical cannabis establishment pursuant to NRS 678B.210 so long as the local governmental jurisdiction in which the medical cannabis establishment is located is a covered jurisdiction.
- 82nd Session (2023) – 9 – (b) Renew the medical cannabis establishment license of a medical cannabis establishment pursuant to NRS 678B.210 so long as the local governmental jurisdiction in which the medical cannabis establishment is located is a covered jurisdiction.
3.
jurisdiction ceases to be a covered jurisdiction, a person who holds a medical cannabis establishment license for a medical cannabis establishment located in the local governmental jurisdiction may, upon expiration of the license, submit an application to the Board for the issuance of an adult-use cannabis establishment license of the same type.
If a local governmental jurisdiction that is a covered jurisdiction ceases to be a covered jurisdiction, a person who holds a medical cannabis establishment license for a medical cannabis establishment located in the local governmental jurisdiction may, upon expiration of the license, submit an application to the Board for the issuance of an adult-use cannabis establishment license of the same type.
Except as otherwise provided in subsection 7, an adult-use cannabis establishment license issued by the Board pursuant to this section shall be deemed to be an adult-use cannabis establishment license issued by the Board pursuant to NRS 678B.250.
Except as otherwise provided in subsection 7, an adult-use cannabis establishment license issued by the Board pursuant to this section shall be deemed to be an adult-use cannabis establishment license issued by the Board pursuant to NRS7.78An adult-use cannabis establishment license issued by the Board pursuant to this section shall be deemed to be medical cannabis establishment license of the same type for the purposes of NRS 678B.220, 678B.230, 678B.260 and 678B.270.
7.
An adult-use cannabis establishment license issued by the Board pursuant to this section shall be deemed to be medical cannabis establishment license of the same type for the purposes of NRS 678B.220, 678B.230, 678B.260 and 678B.270.
- *SB277_R1* – 10 – Sec.
- 82nd Session (2023) – 10 – Sec.
(a) Paragraph (b) of subsection 3 of NRS 678B.210.
The Board shall adopt regulations to carry out the provisions of this section.
The Board shall adopt regulations to carry out the proSec.
Sec.
NRS 678B.210 is hereby amended to read as follows:
ofNRS 678B.210 is hereby amended to read as follows:
- *SB277_R1* – 11 – (a) The person who wishes to operate the proposed medical cannabis establishment has submitted to the Board all of the following:
- 82nd Session (2023) – 11 – cannabis establishment has submitted to the Board all of the following:
(II) The physical address where the proposed medical cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated medical cannabis establishments, the locations of which may not be on the property of an airport, within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board or, if the proposed medical cannabis establishment will be located in a county whose population is 100,000 or more, within 1,500 feet of an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177 and that existed on the date on 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 proposed medical cannabis establishment will be located in a countye 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 medical cannabis establishment was submitted to the Board;
(V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(V) For the applicant and each person who is proposed to cannabis establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(3) Operating procedures consistent with rules of the Board for oversight of the proposed medical cannabis establishment, including, without limitation:
- 82nd Session (2023) – 12 – (3) Operating procedures consistent with rules of the Board for oversight of the proposed medical cannabis establishment, including, without limitation:
- *SB277_R1* – 12 – (I) Procedures to ensure the use of adequate security measures;
(I) Procedures to ensure the use of adequate security measures;(II) The use of an electronic verification system and an inventory control system pursuant to NRS 678C.420 and 678C.430;
and (II) The use of an electronic verification system and an inventory control system pursuant to NRS 678C.420 and 678C.430;
(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;
(1) Served as an owner, officer or board member for a cannabis establishment that has had its medical cannabis revoked;hment license or adult-use cannabis establishment license (2) Previously had a cannabis establishment agent registration card revoked;
(2) Previously had a cannabis establishment agent registration card 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 Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.
For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed medical cannabis establishment, the Board shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission - 82nd Session (2023) – 13 – to the Federal Bureau of Investigation to determine the criminal history of that person.
Except as otherwise provided in subsection 6 [,] and section 3 of this act, if an application for registration as a medical cannabis establishment satisfies the requirements of this section, is qualified - *SB277_R1* – 13 – 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.
Except as otherwise provided in subsection 6 [,] and section of this act, if an application for registration as a medical cannabis in the determination of the Board pursuant to NRS 678B.200 andualified 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.
(d) A public swimming pool.
(c) In a county whose population is 55,000 or more but less than 100,000, two licenses;
- 82nd Session (2023) – 14 – 100,000, two licenses;se population is 55,000 or more but less than (d) In each other county, one license;
(d) In each other county, one license;
- *SB277_R1* – 14 – (a) Shall not issue medical cannabis establishment licenses for medical cannabis dispensaries in such a quantity as to cause the existence within the applicable county of more than one medical cannabis dispensary for every 10 pharmacies that have been licensed in the county pursuant to chapter 639 of NRS.
(a) Shall not issue medical cannabis establishment licenses for medical cannabis dispensaries in such a quantity as to cause the existence within the applicable county of more than one medical cannabis dispensary for every 10 pharmacies that have been licensed in the county pursuant to chapter 639 of NRS.
The Board may issue medical cannabis establishment licenses for medical cannabis dispensaries in excess of the ratio otherwise allowed pursuant to this paragraph if doing so is necessary to ensure that the Board issues at least one medical cannabis establishment license in each county of this State and, pursuant to paragraph (e) of subsection 1, each incorporated city of this State in which the Board has approved an application for such an establishment to operate.
The Board may issue medical cannabis establishment licenses for medical cannabis dispensaries in excess of the ratio otherwise allowed pursuant to this paragraph if doing so is necessary to ensure that the Board issues at least one medical cannabis establishment license in each county of this State and, pursuant to paragraph (e) of subsection 1, each incorporated city of this State in which the Board has approved an app(b) Shall, for any county for which no applicants qualify pursuant to NRS 678B.210, within 2 months after the end of the period during which the Board accepts applications pursuant to NRS 678B.300, reallocate the licenses provided for that county pursuant to subsection 1 to the other counties specified in subsection 1 in the same proportion as provided in subsection 1.
(b) Shall, for any county for which no applicants qualify pursuant to NRS 678B.210, within 2 months after the end of the period during which the Board accepts applications pursuant to NRS 678B.300, reallocate the licenses provided for that county pursuant to subsection 1 to the other counties specified in subsection 1 in the same proportion as provided in subsection 1.
and (b) Determine the appropriate number of additional such establishments in each county as are necessary to serve and supply the medical cannabis dispensaries to which the Board has granted medical cannabis establishment licenses and issue such a number of medical cannabis establishment licenses for such establishments in each county.
and (b) Determine the appropriate number of additional such establishments in each county as are necessary to serve and supply the medical cannabis dispensaries to which the Board has granted medical cannabis establishment licenses and issue such a number of each county.abis establishment licenses for such establishments in Sec.
Sec.
3.
- 82nd Session (2023) – 15 – 678B.280, 678B.322 and 678B.324 to 678B.328, inclusive, the270, Board shall issue an adult-use cannabis establishment license to an applicant if:
Except as otherwise provided in NRS 678B.260, 678B.270, 678B.280, 678B.322 and 678B.324 to 678B.328, inclusive, the Board shall issue an adult-use cannabis establishment license to an applicant if:
- *SB277_R1* – 15 – (I) The legal name of the proposed adult-use cannabis establishment;
(I) The legal name of the proposed adult-use cannabis establishment;
(II) The physical address where the proposed adult-use cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated adult-use cannabis establishments, the locations of which may not be on the property of an airport, within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board or, if the proposed adult-use cannabis establishment will be located in a county whose population is 100,000 or more, within 1,500 feet of an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177 and that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board;
(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 the application for the proposed adult-use cannabis establishmentch 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;
(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;
(IV) Evidence that the applicant owns the property on or has the written permission of the property owner to operate thed proposed adult-use cannabis establishment on that property;
and (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 adult-use cannabis establishment;
and - 82nd Session (2023) – 16 – (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 adult-use cannabis establishment;
(3) Operating procedures consistent with rules of the Board for oversight of the proposed adult-use cannabis establishment, including, without limitation:
(3) Operating procedures consistent with rules of the Board including, without limitation:adult-use cannabis establishment, (I) Procedures to ensure the use of adequate security measures;
(I) Procedures to ensure the use of adequate security measures;
(4) If the proposed adult-use cannabis establishment will sell or deliver adult-use cannabis products, proposed operating - *SB277_R1* – 16 – procedures for handling such products which must be preapproved by the Board;
(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;
(2) Previously had a cannabis establishment agent registration card revoked;
(2) Previously had a cannabis establishment agent regist(3) Previouslyvokehad a cannabis establishment agent registration card for a cannabis executive revoked;
(3) Previously had a cannabis establishment agent registration card for a cannabis executive revoked;
5.
- 82nd Session (2023) – 17 – 5.
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 Board shall issue to the applicant an adult-use cannabisble law, the establishment license.
In determining whether to issue an adult-use cannabis license pursuant to this section, the Board shall consider the criteria - *SB277_R1* – 17 – of merit and scoring guidelines set forth in NRS 678B.280 or 678B.324, as applicable.
In determining whether to issue an adult-use cannabis license pursuant to this section, the Board shall consider the criteria of merit and scoring guidelines set forth in NRS 678B.280 or 678B.324, as applicable.
(e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.
(e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or ado(f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.
(f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.
(a) The name, address and date of birth of the prospective cannabis establishment agent;
- 82nd Session (2023) – 18 – (a) The name, address and date of birth of the prospective cannabis establishment agent;
(b) A statement signed by the prospective cannabis establishment agent pledging not to dispense or otherwise divert cannabis to any person who is not authorized to possess cannabis in accordance with the provisions of this title;
(b) A statement signed by the prospective cannabis establishment agent pledging not to dispense or otherwise divert accordance with the provisions of this title;to possess cannabis in (c) A statement signed by the prospective cannabis establishment agent asserting that he or she has not previously had a cannabis establishment agent registration card revoked;
(c) A statement signed by the prospective cannabis establishment agent asserting that he or she has not previously had a cannabis establishment agent registration card revoked;
A person who wishes to contract to provide labor to or be employed by an independent contractor to provide labor to a cannabis establishment shall submit to the Board an application on a form prescribed by the Board for the registration of the independent - *SB277_R1* – 18 – contractor and each employee of the independent contractor who will provide labor as a cannabis establishment agent.
A person who wishes to contract to provide labor to or be employed by an independent contractor to provide labor to a cannabis establishment shall submit to the Board an application on a form prescribed by the Board for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a cannabis establishment agent.
(c) A statement signed by the prospective cannabis establishment agent pledging not to dispense or otherwise divert cannabis to, or allow any of its employees to dispense or otherwise divert cannabis to, any person who is not authorized to possess cannabis in accordance with the provisions of this title;
(c) A statement signed by the prospective cannabis cannabis to, or allow any of its employees to dispense or otherwise divert cannabis to, any person who is not authorized to possess cannabis in accordance with the provisions of this title;
[Except as otherwise provided in any policies and procedures adopted by the Board pursuant to paragraph (e) of subsection 1 of NRS 678A.450, a person who wishes to hold an ownership interest in a cannabis establishment of less than 5 percent shall submit to the Board an application on a form prescribed by the Board.
[Except as otherwise provided in any policies and procedures adopted by the Board pursuant to paragraph (e) of subsection 1 of NRS 678A.450, a person who wishes to hold an - 82nd Session (2023) – 19 – ownership interest in a cannabis establishment of less than 5 percent shall submit to the Board an application on a form prescribed by the Board.
(a) The name, address and date of birth of the prospective cannabis establishment agent;
(a) The name, address and date of birth of the prospective can(b) A eststatementt asigned by the prospective cannabis establishment agent pledging not to dispense or otherwise divert cannabis to any person who is not authorized to possess cannabis in accordance with the provisions of this title;
(b) A statement signed by the prospective cannabis establishment agent pledging not to dispense or otherwise divert cannabis to any person who is not authorized to possess cannabis in accordance with the provisions of this title;
and - *SB277_R1* – 19 – (f) Such other information as the Board may require by regulation.
and (f) Such other information as the Board may require by regulation.
(a) Conduct or accept any background check the Board determines to be reliable and expedient to determine the criminal history of the prospective cannabis establishment agent or the employee;
(a) Conduct or accept any background check the Board history of the prospective cannabis establishment agent or thenal employee;
and (c) If the Board imposes the requirement described in paragraph (b), submit the fingerprints of the prospective cannabis establishment agent and each employee of the prospective cannabis establishment agent who will provide labor as a cannabis establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
and (c) If the Board imposes the requirement described in paragraph (b), submit the fingerprints of the prospective cannabis establishment agent and each employee of the prospective cannabis establishment agent who will provide labor as a cannabis establishment agent to the Central Repository for Nevada Records - 82nd Session (2023) – 20 – of Criminal History for submission to the Federal Bureau of Investigation for its report.
A cannabis establishment shall notify the Board within 10 business days after a cannabis establishment agent ceases to [hold an ownership interest in the cannabis establishment of less than 5 percent,] be employed by, volunteer at or provide labor as a cannabis establishment agent to the cannabis establishment.
A cannabis establishment shall notify the Board within business days after a cannabis establishment agent ceases to than 5 percent,] be employed by, volunteer at or provide labor as a cannabis establishment agent to the cannabis establishment.
- *SB277_R1* – 20 – [9.] 8.
[9.] 8.
If an applicant for registration as a cannabis establishment agent satisfies the requirements of this section, is found to be qualified by the Board pursuant to NRS 678B.200 and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Board shall issue to the person and, for an independent contractor, to each person identified in the independent contractor’s application for registration as an employee who will provide labor as a cannabis establishment agent, a cannabis establishment agent registration card.
If an applicant for registration as a cannabis establishment agent satisfies the requirements of this section, is found to be qualified by the Board pursuant to NRS 678B.200 and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Board shall issue to the person and, for an independent contractor, to each person identified in the independent contractor’s application for registration as an employee who will provide labor as a cannabis establishment agent, not act upon an application for a cannabis establishment agent does registration card within 45 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Board acts upon the application.
If the Board does not act upon an application for a cannabis establishment agent registration card within 45 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Board acts upon the application.
A cannabis establishment agent registration card expires years after the date of issuance and may be renewed upon:
A cannabis establishment agent registration card expires 2 years after the date of issuance and may be renewed upon:
[11.] 10.
- 82nd Session (2023) – 21 – issued pursuant to this section to an independent contractor or an employee of an independent contractor authorizes the independent contractor or employee to provide labor to any cannabis establishment in this State.
A cannabis establishment agent registration card issued pursuant to this section to an independent contractor or an employee of an independent contractor authorizes the independent contractor or employee to provide labor to any cannabis establishment in this State.
A temporary registration as a cannabis establishment agent expires 45 days after the date upon which the application is received.
A temporary registration as a cannabis establishment received.ires 45 days after the date upon which the application is 13.
13.
A person who holds an ownership interest of less than 5 percent in a cannabis establishment is not required to obtain a cannabis establishment agent registration card pursuant to this section.
A person who holds an ownership interest of less than 5 percent in a cannabis establishment is not required to obtain a - *SB277_R1* – 21 – cannabis establishment agent registration card pursuant to this section.
For the initial issuance of a medical cannabis establishment license for a medical cannabis dispensary..................................$30,000 For the renewal of a medical cannabis establishment license for a medical cannabis dispensary....................................................5,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis cultivation facility..........................3,000 For the renewal of a medical cannabis establishment license for a medical cannabis cultivation facility .......................................1,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis production facility..........................3,000 For the renewal of a medical cannabis establishment license for a medical cannabis production facility.......................................1,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis independent testing laboratory...................................................................5,000 For the renewal of a medical cannabis establishment license for a medical cannabis independent testing laboratory...................................................................3,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis retail store....................[20,000] 50,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis retail store........................................[6,600] 9,215 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility........[30,000] 33,000 - *SB277_R1* – 22 – For the renewal of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility ...................[$10,000] $11,054 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis production facility........[10,000] 13,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis production facility...........................[3,300] 4,414 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory...................................................[15,000] 20,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory.......................................................[5,000] 8,000 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 For each person identified in an application for the renewal of a cannabis establishment agent registration card.............................................................150 - *SB277_R1* – 23 – 2.
For the initial issuance of a medical cannabis establishment license for a For the renewal of a medical cannabis...........................$30,000 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 - 82nd Session (2023) – 22 – 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 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] 5,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility..........[30,000] 3,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility..........................[10,000] 1,000 For the initial issuance of an adult-use adult-use cannabis production facility..........[10,000] 3,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis production facility...........................[3,300] 1,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory .....................................................[15,000] 5,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory .......................................................[5,000] 3,000 For the initial issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge.........................10,000 - 82nd Session (2023) – 23 – 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 independenttabcannabis liconsumptionn 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 For each person identified in an application for the renewal of a cannabis establishment agent registration card.............................................................150 2.
(a) The initial issuance and renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge;
(a) The initial issuance and renewal of an adult-use cannabis lounge;
and (b) The application fee set forth in subsection 3, for a social equity applicant.
andnt license for an independent cannabis consumption (b) The application fee set forth in subsection 3, for a social equity applicant.
(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;
- 82nd Session (2023) – 24 – (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;
(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;
(c) For an application for an adult-use cannabis establishment time, nonrefundable application fee of $10,000;
and (d) The actual costs incurred by the Board in processing the application, including, without limitation, conducting background checks.
andnge, a one- (d) The actual costs incurred by the Board in processing the application, including, without limitation, conducting background checks.
(a) That is a cannabis sales facility must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis.
(a) That is a cannabis sales facility must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of cannabis and una(b) That is not a cannabis sales facility must] may have [a single secure] more than one entrance so long as each entrance is secure and shall implement strict security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis.
- *SB277_R1* – 24 – (b) That is not a cannabis sales facility must] may have [a single secure] more than one entrance so long as each entrance is secure and shall implement strict security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis.
Such an enclosed, locked facility must be accessible only by cannabis establishment agents who are lawfully associated with the cannabis cultivation facility, except that limited access by persons necessary to perform construction or repairs or provide other labor is permissible if such persons are supervised by a cannabis establishment agent.
Such an enclosed, locked facility must be accessible only by cannabis establishment agents who are lawfully associated with the - 82nd Session (2023) – 25 – cannabis cultivation facility, except that limited access by persons necessary to perform construction or repairs or provide other labor is permissible if such persons are supervised by a cannabis establishment agent.
4.
lounge shall not allow any person to consume cannabis on theumption property or premises of the establishment.
A cannabis establishment that is not a cannabis consumption lounge shall not allow any person to consume cannabis on the property or premises of the establishment.
(a) The weight, concentration and content of THC in all cannabis and cannabis products that the dispensary sells is clearly and accurately stated on the product sold.
cannabis and cannabis products that the dispensary sells is clearly and accurately stated on the product sold.
- *SB277_R1* – 25 – (b) [That the dispensary does not sell to a person, in any one transaction, more than 1 ounce of cannabis.
(b) [That the dispensary does not sell to a person, in any one transaction, more than 1 ounce of cannabis.
2.
- 82nd Session (2023) – 26 – 2.
A medical cannabis dispensary may, but is not required to, track the purchases of cannabis for medical purposes by any person to ensure that the person does not exceed the legal limits on the possession of cannabis for medical purposes, as set forth in NRS 678C.200.
A medical cannabis dispensary may, but is not required to, track the purchases of cannabis for medical purposes by any person to ensure that the person does not exceed the legal limits on the possession of cannabis for medical purposes, as set forth in NRS way require a medical cannabis dispensary to track the purchases of a person or determine whether the person has exceeded the legal limits on the possession of cannabis for medical purposes, as set forth in NRS 678C.200.
The Board shall not adopt a regulation or in any other way require a medical cannabis dispensary to track the purchases of a person or determine whether the person has exceeded the legal limits on the possession of cannabis for medical purposes, as set forth in NRS 678C.200.
(a) Every sale of cannabis or cannabis products which is delivered by the third party or intermediary business is made directly from the medical cannabis dispensary or an Internet website, digital network or software application service of the medical cannabis dispensary;
(a) Every sale of cannabis or cannabis products which is delivered by the third party or intermediary business is made directly from the medical cannabis dispensary or an Internet website, digital network or software application service of the med(b) The third party or intermediary business does not advertise that it sells, offers to sell or appears to sell cannabis or cannabis products or allows the submission of an order for cannabis or cannabis products;
(b) The third party or intermediary business does not advertise that it sells, offers to sell or appears to sell cannabis or cannabis products or allows the submission of an order for cannabis or cannabis products;
and (c) The delivery complies with the requirements of NRS 678C.450.
and - *SB277_R1* – 26 – (c) The delivery complies with the requirements of NRS 678C.450.
2.
- 82nd Session (2023) – 27 – 2.
An adult-use cannabis establishment that engages in activities involving the medical use of cannabis pursuant to this section shall comply with all provisions of this title and the regulations adopted pursuant thereto applicable to a dual licensee, including, without limitation, any provisions governing the specific activity relating to the medical use of cannabis in which the establishment is engaged.
An adult-use cannabis establishment that engages in activities involving the medical use of cannabis pursuant to this section shall comply with all provisions of this title and the regulations adopted pursuant thereto applicable to a dual licensee, specific activity relating to the medical use of cannabis in which the establishment is engaged.
In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the adult use of cannabis in accordance with the provisions of this title.
In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being with the provisions of this title.
3.
adult use of cannabis in accordance 3.
The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person:
The exemption from state prosecution set forth in subsection applies only to the extent that a person:
- *SB277_R1* – 27 – (b) Is not employed by any agency or political subdivision of this State in a position which requires the person to be certified by the Peace Officers’ Standards and Training Commission;
(b) Is not employed by any agency or political subdivision of this State in a position which requires the person to be certified by the Peace Officers’ Standards and Training Commission;
(3) Six cannabis plants, irrespective of whether the cannabis plants are mature or immature;
- 82nd Session (2023) – 28 – plants are mature or immature;
and (4) A maximum allowable quantity of adult-use cannabis products as established by regulation of the Board;
andrespective of whether the cannabis (4) A maximum allowable quantity of adult-use cannabis products as established by regulation of the Board;
and (g) Assists another person who is 21 years of age or older in carrying out any of the acts described in paragraphs (a) to (f), inclusive.
and carrying out any of the acts described in paragraphs (a) to (f), inclusive.
A person who holds an adult-use cannabis establishment license issued to the person pursuant to NRS 678B.250, 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 - *SB277_R1* – 28 – the regulations adopted by the Board pursuant thereto, is exempt from state prosecution for:
A person who holds an adult-use cannabis establishment license issued to the person pursuant to NRS 678B.250, 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 from state prosecution for:the Board pursuant thereto, is exempt (a) The possession, delivery or production of cannabis;
(a) The possession, delivery or production of cannabis;
and (f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.
and - 82nd Session (2023) – 29 – (f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.
The commission of any act by a person for which the person is exempt from state prosecution pursuant to this section must not be used as the basis for the seizure or forfeiture of any property of the person or for the imposition of a civil penalty.
The commission of any act by a person for which the person used as the basis for the seizure or forfeiture of any property of the person or for the imposition of a civil penalty.
The total amount of a license tax imposed on a cannabis establishment pursuant to subsection 2, regardless of whether the license tax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the cannabis establishment, as applicable.
The total amount of a license tax imposed on a cannabis establishment pursuant to subsection 2, regardless of whether the license tax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of 4.e cA board of county commissioners may use any portion of any money collected as a license tax pursuant to subsection 2 to educate the public, using any method of public outreach or medium of communication, on safely purchasing cannabis and cannabis products from licensed cannabis establishments and the safe consumption of cannabis and cannabis products.
4.
5.
A board of county commissioners may use any portion of any money collected as a license tax pursuant to subsection 2 to educate the public, using any method of public outreach or medium of communication, on safely purchasing cannabis and cannabis products from licensed cannabis establishments and the safe consumption of cannabis and cannabis products.
- *SB277_R1* – 29 – 5.
and (c) A licensing tax for a business activity engaged in by a cannabis establishment located in the county outside of the limits of incorporated cities for which licensing pursuant to chapter 678B of NRS is not required only if:
and - 82nd Session (2023) – 30 – (c) A licensing tax for a business activity engaged in by a cannabis establishment located in the county outside of the limits of incorporated cities for which licensing pursuant to chapter 678B of NRS is not required only if:
(1) The board of county commissioners is granted the authority to require such a license by some other provision of law;
authority to require such a license by some other provision of law;
(h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of cannabis establishments or holders of a registry identification card or letter of approval;
obtain and track information relating to customers of cannabisem to establishments or holders of a registry identification card or letter of approval;
A person who obtains a business license described in this section is subject to all other licensing and permitting - *SB277_R1* – 30 – requirements of the State and any other counties and cities in which the person does business.
A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business.
[(b)] (c) “Cannabis establishment agent” has the meaning ascribed to it in NRS 678A.100.
- 82nd Session (2023) – 31 – [(b)] (c) “Cannabis establishment agent” has the meaning ascribed to it in NRS 678A.100.
[(d)] (e) “Letter of approval” has the meaning ascribed to it in NRS 678C.070.
NRS 678C.070.“Letter of approval” has the meaning ascribed to it in [(e)] (f) “Registry identification card” has the meaning ascribed to it in NRS 678C.080.
[(e)] (f) “Registry identification card” has the meaning ascribed to it in NRS 678C.080.
3.
establishment pursuant to subsection 2, regardless of whether the license tax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the cannabis establishment, as applicable.
The total amount of a license tax imposed on a cannabis establishment pursuant to subsection 2, regardless of whether the license tax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the cannabis establishment, as applicable.
The governing body of an incorporated city, whether organized under general law or special charter, may use any portion of any money collected as a license tax pursuant to subsection 2 to educate the public, using any method of public outreach or medium of communication, on safely purchasing cannabis and cannabis products from licensed cannabis - *SB277_R1* – 31 – establishments and the safe consumption of cannabis and cannabis products.
The governing body of an incorporated city, whether organized under general law or special charter, may use any portion of any money collected as a license tax pursuant to subsection 2 to educate the public, using any method of public outreach or medium of communication, on safely purchasing cannabis and cannabis products from licensed cannabis establishments and the safe consumption of cannabis and cannabis products.
In addition to any amount of money collected as a license tax pursuant to subsection 2, the governing body of an incorporated city, whether organized under general law or special charter, may fix, impose and collect:
In addition to any amount of money collected as a license tax pursuant to subsection 2, the governing body of an incorporated - 82nd Session (2023) – 32 – fix, impose and collect:under general law or special charter, may (a) Any fees required pursuant to chapter 278 of NRS;
(a) Any fees required pursuant to chapter 278 of NRS;
The governing body of an incorporated city, whether organized under general law or special charter, shall not enact or enforce any ordinance which is more restrictive than or conflicts with a law or regulation of this State relating to:
The governing body of an incorporated city, whether organized under general law or special charter, shall not enact or with a law or regulation of this State relating to:n or conflicts (a) The packaging, labeling, testing, dosage or potency of cannabis or cannabis products;
(a) The packaging, labeling, testing, dosage or potency of cannabis or cannabis products;
or (h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of cannabis establishments or holders of a registry identification card or letter of approval;
or obtain and track information relating to customers of cannabisem to establishments or holders of a registry identification card or letter of approval;
- *SB277_R1* – 32 – [6.] 7.
[6.] 7.
A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business.
A person who obtains a business license described in this section is subject to all other licensing and permitting - 82nd Session (2023) – 33 – requirements of the State and any other counties and cities in which the person does business.
(a) “Cannabis” has the meaning ascribed to it in NRS 678A.085.
(a) “Cannabis” has the meaning ascribed to it in NRS(b) “Cannabis establishment” has the meaning ascribed to it in NRS 678A.095.
(b) “Cannabis establishment” has the meaning ascribed to it in NRS 678A.095.
An excise tax is hereby imposed on each wholesale sale in this State of cannabis by a medical cannabis cultivation facility to another cannabis establishment at the rate of 15 percent of the fair market value at wholesale of the cannabis.
An excise tax is hereby imposed on each wholesale sale in this State of cannabis by a medical cannabis cultivation facility to another cannabis establishment at the rate of percent of the fair market value at wholesale of the cannabis.
An excise tax is hereby imposed on each wholesale sale in this State of cannabis by an adult-use cannabis cultivation facility to another cannabis establishment at the rate of 15 percent of the fair market value at wholesale of the cannabis.
An excise tax is hereby imposed on each wholesale sale in this State of cannabis by an adult-use cannabis cultivation facility to another cannabis establishment at the rate of 15 percent of the fair pursuant to this subsection is the obligation of the adult-usesed cannabis cultivation facility.
The excise tax imposed pursuant to this subsection is the obligation of the adult-use cannabis cultivation facility.
- *SB277_R1* – 33 – (a) To the Cannabis Compliance Board and to local governments in an amount determined to be necessary by the Board to pay the costs of the Board and local governments in carrying out the provisions of chapter 678C of NRS;
- 82nd Session (2023) – 34 – (a) To the Cannabis Compliance Board and to local governments in an amount determined to be necessary by the Board to pay the costs of the Board and local governments in carrying out the provisions of chapter 678C of NRS;
and (b) If any money remains after the revenues are distributed pursuant to paragraph (a), to the State Treasurer to be deposited to the credit of the State Education Fund.
and pursuant to paragraph (a), to the State Treasurer to be deposited to the credit of the State Education Fund.
The revenues collected from the excise tax imposed pursuant to subsection 3 must be paid over as collected to the State Treasurer to be deposited to the credit of the State Education Fund.
The revenues collected from the excise tax imposed pursuant to subsection 3 must be paid over as collected to the State Treasurer to 8.
8.
deThe excise tax imposed pursuant to subsection 3 does not apply to a sale of cannabis for the medical use of cannabis or a medical cannabis product to the holder of a registry identification card or letter of approval by an adult-use cannabis retail store that has been deemed to be a dual licensee pursuant to section 13 of this act.
The excise tax imposed pursuant to subsection 3 does not apply to a sale of cannabis for the medical use of cannabis or a medical cannabis product to the holder of a registry identification card or letter of approval by an adult-use cannabis retail store that has been deemed to be a dual licensee pursuant to section 13 of this act.
[(d)] (e) “Medical cannabis cultivation facility” has the meaning ascribed to it in NRS 678A.170.
- 82nd Session (2023) – 35 – [(d)] (e) “Medical cannabis cultivation facility” has the meaning ascribed to it in NRS 678A.170.
- *SB277_R1* – 34 – [(e)] (f) “Medical cannabis establishment” has the meaning ascribed to it in NRS 678A.180.
[(e)] (f) “Medical cannabis establishment” has the meaning ascribed to it in NRS 678A.180.
[(f)] (g) Medical cannabis product” has the meaning ascribed to it in NRS 678A.200.
to it in NRS 678A.200.annabis product” has the meaning ascribed (h) “Medical use of cannabis” has the meaning ascribed to it in NRS 678A.215.
(h) “Medical use of cannabis” has the meaning ascribed to it in NRS 678A.215.
and [(f)] (e) Any product or commodity made from hemp which is manufactured or sold by a cannabis establishment which violates any regulation adopted by the Cannabis Compliance Board pursuant to paragraph [(g)] (f) of subsection 1 of NRS 678A.450 relating to THC concentration.
and manufactured or sold by a cannabis establishment which violates any regulation adopted by the Cannabis Compliance Board pursuant to paragraph [(g)] (f) of subsection 1 of NRS 678A.450 relating to THC concentration.
[, or the sterilized seed of the plant which is incapable of germination;] or (c) Any commodity or product made using hemp, as defined in NRS 557.160, which does not exceed the maximum THC concentration established by the State Department of Agriculture for hemp.
[, or the sterilized seed of the plant which is incapable of germination;] or - 82nd Session (2023) – 36 – (c) Any commodity or product made using hemp, as defined in NRS 557.160, which does not exceed the maximum THC concentration established by the State Department of Agriculture for hemp.
- *SB277_R1* – 35 – Sec.
NRS 678A.300 shall conduct a study concerning the potential effects on the cannabis industry in this State if cannabis were to be removed from the list of controlled substances included in schedule I pursuant to the Uniform Controlled Substances Act or the federal Controlled Substances Act.
16.
1.
The Cannabis Advisory Commission created by NRS 678A.300 shall conduct a study concerning the potential effects on the cannabis industry in this State if cannabis were to be removed from the list of controlled substances included in schedule I pursuant to the Uniform Controlled Substances Act or the federal Controlled Substances Act.
and (b) The Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Nevada Legislature.
and (b) The Director of the Legislative Counsel Bureau for tra3.mitAs used in this section:of the Nevada Legislature.
3.
As used in this section:
and (b) Be accompanied by a fee in an amount that is equal to the fee for the renewal of an adult-use cannabis establishment license of the same type as that of the medical cannabis establishment license which has expired, as set forth in NRS 678B.390, as amended by section 10 of this act.
and - 82nd Session (2023) – 37 – (b) Be accompanied by a fee in an amount that is equal to the fee for the renewal of an adult-use cannabis establishment license of the same type as that of the medical cannabis establishment license which has expired, as set forth in NRS 678B.390, as amended by sec3.on If the Board determines that the applicant would have been eligible to renew the medical cannabis establishment license which has expired, the Board shall issue to the applicant an adult-use cannabis establishment license of the same type.
- *SB277_R1* – 36 – 3.
If the Board determines that the applicant would have been eligible to renew the medical cannabis establishment license which has expired, the Board shall issue to the applicant an adult-use cannabis establishment license of the same type.
A person who, on January 1, 2024, holds both an adult-use cannabis establishment license and a medical cannabis establishment license of the same type may not, pursuant to this section, apply for and be issued an additional adult-use cannabis establishment license upon the expiration of the medical cannabis establishment license of the person.
A person who, on January 1, 2024, holds both an adult-use establishment license of the same type may not, pursuant to thisbis section, apply for and be issued an additional adult-use cannabis establishment license upon the expiration of the medical cannabis establishment license of the person.
and (2) Issuing the person an adult-use cannabis establishment license would be against the public interest.
and - 82nd Session (2023) – 38 – (2) Issuing the person an adult-use cannabis establishment license would be against the public interest.
(a) “Adult-use cannabis establishment license” has the meaning ascribed to it in NRS 678A.040.
(a) “Adult-use cannabis establishment license” has the meaning asc(b) “Board” means the Cannabis Compliance Board.
(b) “Board” means the Cannabis Compliance Board.
- *SB277_R1* – 37 – (d) “Medical cannabis establishment license” has the meaning ascribed to it in NRS 678A.185.
(d) “Medical cannabis establishment license” has the meaning ascribed to it in NRS 678A.185.
H - *SB277_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Chapter 423.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. From committee: Do pass, as amended. Placed on General File. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 28, Nays: 14.) To Senate. In Senate. Assembly Amendment No. 948 concurred in. To enrollment.

  5. Read third time. Amended. (Amend. No. 948.) Rereferred to Committee on Ways and Means. To printer. From printer. To reengrossment. Reengrossed. Second reprint. To committee.

  6. Taken from General File. Placed on General File for next legislative day.

  7. From committee: Do pass. Placed on Second Reading File. Read second time.

  8. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  9. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 755.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 14, Nays: 6, Not voting: 1.) To printer. From printer. To engrossment. Engrossed. First reprint. To Assembly.

  10. Notice of eligibility for exemption. Read second time. Taken from General File. Re-referred to Committee on Finance. Exemption effective. To committee.

  11. From committee: Do pass.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 63 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (63)

63 members have not signed on to this bill.

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

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Subjects

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Frequently asked questions

Who sponsors SB 277?
SB 277 is sponsored by Flores, Edgar (Democratic), Neal, Dina (Democratic), Nguyen, Rochelle T. (Democratic), and Harris, Dallas.
What is the current status of SB 277?
This bill has been enacted into law. Introduced March 14, 2023. Enacted.
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