Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 678B.210 - Licensing of medical cannabis establishments: Requirements; expiration and renewal1. A person shall not engage in the business of a medical cannabis establishment unless the person holds a medical cannabis establishment license issued by the Board pursuant to this section.2. A person who wishes to engage in the business of a medical cannabis establishment must submit to the Board an application on a form prescribed by the Board.3. Except as otherwise provided in NRS 678B.215 to 678B.240, inclusive, not later than 90 days after receiving an application to engage in the business of a medical cannabis establishment, the Board shall register the medical cannabis establishment and issue a medical cannabis establishment license and a random 20-digit alphanumeric identification number if: (a) The person who wishes to operate the proposed medical cannabis establishment has submitted to the Board all of the following: (1) The application fee, as set forth in NRS 678B.390;(2) An application, which must include: (I) The legal name of the proposed medical cannabis establishment;(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;(III) Evidence that the applicant controls not less than $250,000 in liquid assets to cover the initial expenses of opening the proposed medical cannabis establishment and complying with the provisions of this title;(IV) Evidence that the applicant owns the property on which the proposed medical cannabis establishment will be located or has the written permission of the property owner to operate the proposed medical cannabis establishment on that property;(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; 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 medical cannabis establishment;(3) Operating procedures consistent with rules of the Board for oversight of the proposed medical cannabis establishment, including, without limitation: (I) Procedures to ensure the use of adequate security measures; and(II) The use of an electronic verification system and an inventory control system pursuant to NRS 678C.420 and 678C.430;(4) If the proposed medical cannabis establishment will sell or deliver medical cannabis products, proposed operating procedures for handling such products which must be preapproved by the Board;(5) If the city or county in which the proposed medical cannabis establishment will be located has enacted zoning restrictions, proof that the proposed location is in compliance with those restrictions and satisfies all applicable building requirements; and(6) Such other information as the Board may require by regulation;(b) Except as otherwise provided in NRS 678B.633, none of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have been convicted of an excluded felony offense;(c) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have: (1) Served as an owner, officer or board member for a cannabis establishment that has had its medical cannabis establishment license or adult-use cannabis establishment license revoked; (2) Previously had a cannabis establishment agent registration card revoked;(3) Previously had a cannabis establishment agent registration card for a cannabis executive revoked; or(4) Previously had a cannabis establishment agent registration card for a cannabis receiver revoked; and(d) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment are under 21 years of age.4. For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed 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.5. Except as otherwise provided in subsection 6 and NRS 678B.215, if an application for registration as a medical cannabis establishment satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and the establishment is not disqualified from being registered as a medical cannabis establishment pursuant to this section or other applicable law, the Board shall issue to the establishment a medical cannabis establishment license. A medical cannabis establishment license expires 1 year after the date of issuance and may be renewed upon:(a) Submission of the information required by the Board by regulation; and(b) Payment of the renewal fee set forth in NRS 678B.390.6. In determining whether to issue a medical cannabis establishment license pursuant to this section, the Board shall consider the criteria of merit set forth in NRS 678B.240.7. For the purposes of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the front door of the proposed medical cannabis establishment to the closest point of the property line of a school, community facility or gaming establishment.8. As used in this section, "community facility" means:(a) A facility that provides day care to children.(d) A public swimming pool.(e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.(f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.Added to NRS by 2019, 3790; A 2021, 2143, 2360; 2023, 2558Amended by 2023, Ch. 423,§5, eff. 1/1/2024.Amended by 2021, Ch. 387,§13.5, eff. 10/1/2021.Amended by 2021, Ch. 359,§1.76, eff. 7/1/2021.Added by 2019, Ch. 595,§91, eff. 7/1/2020.