Nevada Administrative Code

NAC 453D.117 “Proficiency testing provider” defined. (NRS 453D.200) “Proficiency testing provider” means a person accredited to operate a proficiency testing program by an organization which is accredited pursuant to standard ISO/IEC 17011 of the International Organization for St…

NAC 453D.119 “Proficiency testing sample” defined. (NRS 453D.200) “Proficiency testing sample” means a sample, the composition of which is unknown to the marijuana testing facility, provided to a marijuana testing facility to test whether the marijuana testing facility can produc…

NAC 453D.122 “Public transportation” defined. (NRS 453D.200) “Public transportation” means: 1. Buses; 2. Trains; 3. Subways; and 4. Other forms of transportation which charge a fare and are available to the public. (Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)

NAC 453D.126 “Registry identification card” defined. (NRS 453D.200) “Registry identification card” has the meaning ascribed to it in NRS 453A.140. (Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)

NAC 453D.130 “Sampling protocols” defined. (NRS 453D.200) “Sampling protocols” means the procedures specified by the Department which are required to be used to obtain samples of marijuana for quality assurance testing. (Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-201…

NAC 453D.133 “Security equipment” defined. (NRS 453D.200) “Security equipment” means a system of video cameras, monitors, recorders, video printers, motion detectors, exterior lighting, electronic monitoring and other ancillary equipment used for surveillance of a marijuana estab…

NAC 453D.136 “Seed-to-sale tracking system” defined. (NRS 453D.200) “Seed-to-sale tracking system” means an electronic database which is used to monitor in real time the chain of custody of marijuana from the point of acquisition or planting to the end consumer and which is acces…

NAC 453D.138 “Separate operations” defined. (NRS 453D.200) “Separate operations” means any area in which a component marijuana establishment must maintain legal and operational separation from all other component marijuana establishments within a combined marijuana establishment.…

NAC 453D.141 “Single-serving edible marijuana product” defined. (NRS 453D.200) “Single-serving edible marijuana product” means an edible marijuana product which is offered for sale to a consumer and contains not more than 10 milligrams of THC. (Added to NAC by Dep’t of Taxation b…

NAC 453D.144 “Surveillance” defined. (NRS 453D.200) “Surveillance” means the capability to observe and record activities being conducted outside and inside a marijuana establishment. (Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)

NAC 453D.148 “Taxpayer” defined. (NRS 453D.200) “Taxpayer” means a: 1. Marijuana cultivation facility; or 2. Retail marijuana store. (Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)

NAC 453D.151 “THC” defined. (NRS 453D.200) “THC” has the meaning ascribed to it in NRS 453.139. (Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)

NAC 453D.155 “Usable marijuana” defined. (NRS 453D.200) “Usable marijuana” has the meaning ascribed to it in NRS 453A.160. (Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)

NAC 453D.160 “Marijuana” interpreted to exclude industrial hemp. (NRS 453D.200) As used in chapter 453D of NRS, the Department will interpret “marijuana” to exclude industrial hemp, as defined in NRS 557.040, which is grown or cultivated pursuant to chapter 557 of NRS. (Added to …

NAC 453D.165 Establishment of maximum allowable quantity of marijuana for purposes of exemption from state or local prosecution. (NRS 453D.200) For the purposes of subsection 1 of NRS 453D.110, the maximum allowable quantity of marijuana is an amount that is: 1. Equivalent to 1 o…

NAC 453D.175 State employees responsible for implementing or enforcing chapter prohibited from having interest in marijuana establishment or from being employed by or volunteering at establishment. (NRS 453D.200) No employee of this State who is responsible for implementing or en…

NAC 453D.178 Investigative authority of Department relating to violations of chapter, enforcement and adoption of regulations and recommending legislation. (NRS 453D.200) The Department will make appropriate investigations: 1. To determine whether there has been any violation of …

NAC 453D.180 Confidentiality of information received by Department relating to security of marijuana establishment. (NRS 453D.200) Except as otherwise provided in NRS 239.0115 and NAC 453D.185, any information received by the Department related to the security of a marijuana esta…

NAC 453D.185 Confidentiality of name and any other identifying information of persons who facilitate or deliver services pursuant to chapter; exceptions. (NRS 453D.200) 1. Except as otherwise provided in this section and NRS 239.0115, the Department will and any designee of the D…

NAC 453D.190 Applicability of chapter to extent specified in agreement with tribal government. (NRS 453D.200) The provisions of this chapter shall be deemed to apply to the extent specified in any agreement with a tribal government in this State entered into pursuant to NRS 223.2…

NAC 453D.200 Initial issuance of license and renewal; collection of assessment for oversight by Department. (NRS 453D.200, 453D.230) 1. Except as otherwise provided in subsection 1 of NRS 453D.230, the Department will charge and collect the following fees: For the initial issuanc…

NAC 453D.205 Initial licensing fee; revocation of license for failure to pay. (NRS 453D.200, 453D.230) 1. Within 10 days after the issuance of a license pursuant to NAC 453D.272 or 453D.278, the applicant shall pay the initial licensing fee of: (a) For a marijuana cultivation fac…

NAC 453D.210 Department authorized to collect fee for costs of investigating complaint if substantiated; hourly rate. (NRS 453D.200) 1. The Department may charge and collect a fee from any marijuana establishment that is involved in a complaint submitted to the Department by a co…

NAC 453D.230 Provisions governing payment, collection, administration and enforcement of marijuana taxes also applicable to excise tax on marijuana and marijuana cultivation facilities. (NRS 453D.200) The provisions of NRS 372A.200 to 372A.380, inclusive, which apply to: 1. The e…

NAC 453D.233 Marijuana and marijuana products sold at retail marijuana store subject to sales tax; submission of returns and payments. (NRS 453D.200) Marijuana and marijuana products sold pursuant to chapter 453D of NRS are subject to sales tax when sold at a retail marijuana sto…

NAC 453D.239 Annual reimbursement of costs to local governments. (NRS 372A.290, 453D.200) Within 30 days after February 27, 2018, and on November 1 of each year thereafter, the Department will reimburse the costs of each local government of carrying out the provisions of chapters…

NAC 453D.250 Designation of persons responsible for providing information, signing documents and ensuring certain actions are taken. (NRS 453D.200) 1. When a marijuana establishment is required pursuant to this chapter or chapter 453D of NRS to provide information, sign documents…

NAC 453D.255 Applicability of chapter to persons owning 5 percent interest or more in marijuana establishment; exception if public interest will be served. (NRS 453D.200) 1. Except as otherwise required in subsection 2, the requirements of this chapter concerning owners of mariju…

NAC 453D.258 Measurement of distance of proposed marijuana establishment from school or community facility. (NRS 453D.200) For the purposes of paragraph (c) of subsection 5 of NRS 453D.210, the distance must be measured from the front door of the proposed marijuana establishment …

NAC 453D.260 Request for applications to operate establishment: Notice by Department; required provisions; time period for submission of applications. (NRS 453D.200) 1. At least once each year, the Department will determine whether a sufficient number of marijuana establishments …

NAC 453D.265 Submission of application by person who holds medical marijuana establishment registration certificate for marijuana establishment of same type; issuance of license; refund of fee if application not approved. (NRS 453D.200, 453D.230) 1. On or before November 15, 2018…

NAC 453D.268 Submission of application by person who holds medical marijuana establishment registration certificate for marijuana establishment of same type or different type; submission of application by person in response to request for applications. (NRS 453D.200, 453D.230) On…

NAC 453D.272 Ranking of applications for retail marijuana store; proportional allocation of licenses for retail marijuana stores within each county; notification to locality of acceptance of applicants; prevention of monopolistic practices; revision or disqualification of applica…

NAC 453D.274 Request by applicant for ranked application score; request to review scoring information; designation of Department employee to respond to request; maintenance of information in application file. (NRS 453D.200) 1. If an applicant for a license for a retail marijuana …

NAC 453D.278 Issuance of license if Department receives only one application in response to request for applications; notification to locality. (NRS 453D.200) If, within 10 business days after the date on which the Department begins accepting applications in response to a request…

NAC 453D.282 Issuance of license is conditional until certain requirements for approval to begin operations are satisfied. (NRS 453D.200) 1. Except as otherwise provided in subsection 2, the issuance of a license pursuant to NAC 453D.272 or 453D.278 is conditional and not an appr…

NAC 453D.285 Written notice of denial of application. (NRS 453D.200) If the Department does not issue to an applicant a license for a marijuana establishment, the Department must provide written notice to the applicant stating that the Department did not issue a license to the ap…

NAC 453D.288 Inspections. (NRS 453D.200) 1. The Department may, at any time it determines an inspection is needed, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any marijuana establishment and o…

NAC 453D.292 Authority of Department, Tax Commission and Executive Director relating to inspections and investigations, summoning of witnesses and issuance of subpoenas, administration of oaths and administration of provisions of chapter. (NRS 453D.200) 1. Submission of an applic…

NAC 453D.295 Surrender of license if marijuana establishment has not received final inspection; extension of time for final inspection; fee not refundable. (NRS 453D.200) 1. If a marijuana establishment has not received a final inspection within 12 months after the date on which …

NAC 453D.300 Notification to Department if marijuana establishment is closing; immediate surrender of license upon closing. (NRS 453D.200) If a marijuana establishment is closing, the person identified in subsection 1 of NAC 453D.250 for the marijuana establishment must notify th…

NAC 453D.305 Renewal of license: Application and fee; submission of fingerprints; proof of accreditation required for marijuana testing facility. (NRS 453D.200) A person or entity that wishes to renew a license for a marijuana establishment must annually submit to the Department:…

NAC 453D.308 Suspension of license for deficiencies in operation or services; submission of plan of correction; resubmission of plan by marijuana establishment or development of directed plan of correction by Department. (NRS 453D.200) 1. If the Department determines that there a…

NAC 453D.312 Grounds for denial of issuance or renewal of license; grounds for revocation of license; notice; opportunity to correct situation. (NRS 453D.200) 1. The Department will deny an application for the issuance or renewal of a license for a marijuana establishment if: (a)…

NAC 453D.315 Requirements for transfer of all or a portion of ownership interest; reimbursement of costs to Department; notice to Department; disclosure of facts pertaining to representative capacity of certain persons to Department; permission of Department required for register…

NAC 453D.330 Legal status as separate entity; issuance of certificate of approval by Department; shared secured storage area; requirements for buildings and location; inspection and other requirements to commence operations; expansion of operations; powers and duties in operation…

NAC 453D.340 Submission of information by marijuana establishment to obtain or renew registration card for person employed by or contracted with establishment or for volunteer; fingerprinting and application fee; issuance of registration card; temporary registration; registration…