[Rev. 11/21/2013 11:50:29 AM--2013]

CHAPTER 453A - MEDICAL USE OF MARIJUANA

GENERAL PROVISIONS

NRS 453A.010        Definitions.

NRS 453A.020        “Administer” defined.

NRS 453A.030        “Attending physician” defined.

NRS 453A.040        “Cachexia” defined.

NRS 453A.050        “Chronic or debilitating medical condition” defined.

NRS 453A.053        “Crime of violence” defined. [Effective April 1, 2014.]

NRS 453A.056        “Cultivation facility” defined. [Effective April 1, 2014.]

NRS 453A.060        “Deliver” and “delivery” defined.

NRS 453A.080        “Designated primary caregiver” defined.

NRS 453A.090        “Division” defined.

NRS 453A.100        “Drug paraphernalia” defined. [Effective through March 31, 2014.]

NRS 453A.101        “Edible marijuana products” defined. [Effective April 1, 2014.]

NRS 453A.102        “Electronic verification system” defined. [Effective April 1, 2014.]

NRS 453A.103        “Enclosed, locked facility” defined. [Effective April 1, 2014.]

NRS 453A.104        “Excluded felony offense” defined. [Effective April 1, 2014.]

NRS 453A.105        “Facility for the production of edible marijuana products or marijuana-infused products” defined. [Effective April 1, 2014.]

NRS 453A.107        “Independent testing laboratory” defined. [Effective April 1, 2014.]

NRS 453A.108        “Inventory control system” defined. [Effective April 1, 2014.]

NRS 453A.110        “Marijuana” defined.

NRS 453A.112        “Marijuana-infused products” defined. [Effective April 1, 2014.]

NRS 453A.115        “Medical marijuana dispensary” defined. [Effective April 1, 2014.]

NRS 453A.116        “Medical marijuana establishment” defined. [Effective April 1, 2014.]

NRS 453A.117        “Medical marijuana establishment agent” defined. [Effective April 1, 2014.]

NRS 453A.118        “Medical marijuana establishment agent registration card” defined. [Effective April 1, 2014.]

NRS 453A.119        “Medical marijuana establishment registration certificate” defined. [Effective April 1, 2014.]

NRS 453A.120        “Medical use of marijuana” defined.

NRS 453A.125        “Paraphernalia” defined. [Effective April 1, 2014.]

NRS 453A.130        “Production” defined.

NRS 453A.140        “Registry identification card” defined.

NRS 453A.150        “State prosecution” defined.

NRS 453A.155        “THC” defined. [Effective April 1, 2014.]

NRS 453A.160        “Usable marijuana” defined.

NRS 453A.170        “Written documentation” defined.

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION CARDS

NRS 453A.200        Holder of valid registry identification card exempt from state prosecution for certain acts involving marijuana and drug paraphernalia; mere presence of person in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense. [Effective through March 31, 2014.]

NRS 453A.200        Holder of valid registry identification card or medical marijuana establishment registration certificate exempt from state prosecution for certain acts involving marijuana and paraphernalia; no crime for mere presence in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense; holder of card prohibited from cultivating, growing or producing marijuana if dispensary opens in county of residence; exceptions. [Effective April 1, 2014, and through March 31, 2016.]

NRS 453A.200        Holder of valid registry identification card or medical marijuana establishment registration certificate exempt from state prosecution for certain acts involving marijuana and paraphernalia; no crime for mere presence in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense; holder of card prohibited from cultivating, growing or producing marijuana if dispensary opens in county of residence; exceptions. [Effective April 1, 2016.]

NRS 453A.210        Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application. [Effective through March 31, 2014.]

NRS 453A.210        Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application. [Effective April 1, 2014.]

NRS 453A.220        Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal. [Effective through March 31, 2014.]

NRS 453A.220        Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal. [Effective April 1, 2014.]

NRS 453A.225        Registry identification cards: Revocation; duties; judicial review; reapplication prohibited for 12 months.

NRS 453A.230        Registry identification card: Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card. [Effective through March 31, 2014.]

NRS 453A.230        Registry identification card: Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card. [Effective April 1, 2014.]

NRS 453A.240        Registry identification cards: Card to be returned to Division following diagnosis of absence of chronic or debilitating medical condition.

NRS 453A.250        Registry identification cards: General requirements concerning designation of primary caregiver; user of medical marijuana not to have more than one designated primary caregiver; timing of issuance of card to caregiver if caregiver designated after initial issuance of card to patient.

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

NRS 453A.300        Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty. [Effective through March 31, 2014.]

NRS 453A.300        Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty. [Effective April 1, 2014.]

NRS 453A.310        Affirmative defenses.

PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA

Registration of Medical Marijuana Establishments and Medical Marijuana Establishment Agents

NRS 453A.320        Purpose of registration; no vested right acquired by holder of registration certificate or registration card. [Effective April 1, 2014.]

NRS 453A.322        Registration of establishments: Requirements; expiration and renewal. [Effective April 1, 2014.]

NRS 453A.324        Registration of establishments: Limitation on total number of certificates that can be issued in each county; limitation on number of days Division may accept applications in calendar year. [Effective April 1, 2014.]

NRS 453A.326        Registration of establishments in larger counties: Limitation on number of medical marijuana dispensaries located in any one governmental jurisdiction within county; limitation on number of certificates issued to any one person; certificates deemed provisional pending compliance with local requirements and issuance of local business license. [Effective April 1, 2014.]

NRS 453A.328        Registration of establishments: Considerations in determining whether to issue registration certificate. [Effective April 1, 2014.]

NRS 453A.332        Agents required to register with Division; requirements for registration; establishment required to notify Division if agent ceases to be employed by or volunteer at establishment; expiration and renewal of registration. [Effective April 1, 2014.]

NRS 453A.334        Registration cards and registration certificates nontransferable. [Effective April 1, 2014.]

NRS 453A.336        Payment of child support: Statement by applicant for registration card or registration certificate; grounds for denial; duties of Division. [Effective April 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 453A.338        Suspension of registration card or registration certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration card or registration certificate. [Effective April 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 453A.340        Grounds for immediate revocation of registration certificate. [Effective April 1, 2014.]

NRS 453A.342        Grounds for immediate revocation of registration card. [Effective April 1, 2014.]

NRS 453A.344        Fees. [Effective April 1, 2014.]

 

Requirements Concerning Operation of Medical Marijuana Establishments

NRS 453A.350        Location, land use, appearance and signage. [Effective April 1, 2014.]

NRS 453A.352        Operating documents; security measures; actions of establishment with respect to marijuana required to be for certain purpose; requirements for cultivation; dispensary and cultivation facility authorized to acquire marijuana from patient; allowing consumption on premises prohibited; inspection. [Effective April 1, 2014.]

NRS 453A.354        Electronic verification system. [Effective April 1, 2014.]

NRS 453A.356        Inventory control system. [Effective April 1, 2014.]

NRS 453A.358        Duties of medical marijuana dispensaries relating to sale of medical marijuana and related products and relating to notice of legal limits on possession of medical marijuana. [Effective April 1, 2014.]

NRS 453A.360        Requirements concerning edible marijuana products and marijuana-infused products. [Effective April 1, 2014.]

NRS 453A.362        Requirements concerning storage and removal of medical marijuana. [Effective April 1, 2014.]

 

Miscellaneous Provisions

NRS 453A.364        Recognition of nonresident cards. [Effective April 1, 2014, and through March 31, 2016.]

NRS 453A.364        Recognition of nonresident cards. [Effective April 1, 2016.]

NRS 453A.366        Designation of medical marijuana dispensary. [Effective April 1, 2014.]

NRS 453A.368        Testing laboratories. [Effective April 1, 2014.]

NRS 453A.370        Regulations. [Effective April 1, 2014.]

SEARCH AND SEIZURE

NRS 453A.400        Possession of registry identification card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged or assisting in medical use of marijuana in accordance with provisions of chapter. [Effective through March 31, 2014.]

NRS 453A.400        Possession of registry identification card, registration certificate or registration card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged in, facilitating or assisting in medical use of marijuana in accordance with provisions of chapter. [Effective April 1, 2014.]

NRS 453A.410        Forfeiture of assets seized. [Effective April 1, 2014.]

ACTIONS OF PROFESSIONAL LICENSING BOARDS

NRS 453A.500        Board of Medical Examiners and State Board of Osteopathic Medicine prohibited from taking disciplinary action against attending physician on basis of physician’s participation in certain activities in accordance with chapter.

NRS 453A.510        Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with chapter.

RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

NRS 453A.600        Program for evaluation and research of medical use of marijuana: Establishment by University of Nevada School of Medicine; federal approval; participants and subjects; quarterly report to Interim Finance Committee.

NRS 453A.610        Program for evaluation and research of medical use of marijuana: Duties of University of Nevada School of Medicine concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

NRS 453A.620        Program for evaluation and research of medical use of marijuana: Authority of Department of Administration of University of Nevada School of Medicine concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

NRS 453A.630        Program for evaluation and research of medical use of marijuana: Deposit, use and disposition of money; Department of Administration of University of Nevada School of Medicine to administer account.

MISCELLANEOUS PROVISIONS

NRS 453A.700        Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

NRS 453A.710        Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations.

NRS 453A.720        Authority of the Administrator of the Division concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

NRS 453A.730        Deposit, use and disposition of money; administration of account.

NRS 453A.740        Regulations; fees. [Effective through March 31, 2014.]

NRS 453A.740        Regulations; fees. [Effective April 1, 2014.]

NRS 453A.800        Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be accommodated in workplace. [Effective through March 31, 2014.]

NRS 453A.800        Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be allowed in workplace; medical needs of employee who engages in medical use of marijuana to be accommodated by employer in certain circumstances. [Effective April 1, 2014.]

NRS 453A.810        State not responsible for deleterious outcomes.

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GENERAL PROVISIONS

      NRS 453A.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 453A.020 to 453A.170, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 3054; A 2013, 3716)

      NRS 453A.020  “Administer” defined.  “Administer” has the meaning ascribed to it in NRS 453.021.

      (Added to NRS by 2001, 3054)

      NRS 453A.030  “Attending physician” defined.  “Attending physician” means a physician who:

      1.  Is licensed to practice:

      (a) Medicine pursuant to the provisions of chapter 630 of NRS; or

      (b) Osteopathic medicine pursuant to the provisions of chapter 633 of NRS; and

      2.  Has responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition.

      (Added to NRS by 2001, 3054; A 2003, 1180, 1430)

      NRS 453A.040  “Cachexia” defined.  “Cachexia” means general physical wasting and malnutrition associated with chronic disease.

      (Added to NRS by 2001, 3054)

      NRS 453A.050  “Chronic or debilitating medical condition” defined.  “Chronic or debilitating medical condition” means:

      1.  Acquired immune deficiency syndrome;

      2.  Cancer;

      3.  Glaucoma;

      4.  A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

      (a) Cachexia;

      (b) Persistent muscle spasms, including, without limitation, spasms caused by multiple sclerosis;

      (c) Seizures, including, without limitation, seizures caused by epilepsy;

      (d) Severe nausea; or

      (e) Severe pain; or

      5.  Any other medical condition or treatment for a medical condition that is:

      (a) Classified as a chronic or debilitating medical condition by regulation of the Division; or

      (b) Approved as a chronic or debilitating medical condition pursuant to a petition submitted in accordance with NRS 453A.710.

      (Added to NRS by 2001, 3054)

      NRS 453A.053  “Crime of violence” defined. [Effective April 1, 2014.]  “Crime of violence” means any felony:

      1.  Involving the use or threatened use of force or violence against the person or property of another; or

      2.  For which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.

      (Added to NRS by 2013, 3700, effective April 1, 2014)

      NRS 453A.056  “Cultivation facility” defined. [Effective April 1, 2014.]  “Cultivation facility” means a business that:

      1.  Is registered with the Division pursuant to NRS 453A.322; and

      2.  Acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells marijuana and related supplies to:

      (a) Medical marijuana dispensaries;

      (b) Facilities for the production of edible marijuana products or marijuana-infused products; or

      (c) Other cultivation facilities.

      (Added to NRS by 2013, 3701, effective April 1, 2014)

      NRS 453A.060  “Deliver” and “delivery” defined.  “Deliver” or “delivery” has the meaning ascribed to it in NRS 453.051.

      (Added to NRS by 2001, 3054)

      NRS 453A.080  “Designated primary caregiver” defined.

      1.  “Designated primary caregiver” means a person who:

      (a) Is 18 years of age or older;

      (b) Has significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition; and

      (c) Is designated as such in the manner required pursuant to NRS 453A.250.

      2.  The term does not include the attending physician of a person diagnosed with a chronic or debilitating medical condition.

      (Added to NRS by 2001, 3054)

      NRS 453A.090  “Division” defined.  “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (Added to NRS by 2001, 3055; A 2013, 3062)

      NRS 453A.100  “Drug paraphernalia” defined. [Effective through March 31, 2014.]  “Drug paraphernalia” has the meaning ascribed to it in NRS 453.554.

      (Added to NRS by 2001, 3055)

      NRS 453A.101  “Edible marijuana products” defined. [Effective April 1, 2014.]  “Edible marijuana products” means products that:

      1.  Contain marijuana or an extract thereof;

      2.  Are intended for human consumption by oral ingestion; and

      3.  Are presented in the form of foodstuffs, extracts, oils, tinctures and other similar products.

      (Added to NRS by 2013, 3701, effective April 1, 2014)

      NRS 453A.102  “Electronic verification system” defined. [Effective April 1, 2014.]  “Electronic verification system” means an electronic database that:

      1.  Keeps track of data in real time; and

      2.  Is accessible by the Division and by registered medical marijuana establishments.

      (Added to NRS by 2013, 3701, effective April 1, 2014)

      NRS 453A.103  “Enclosed, locked facility” defined. [Effective April 1, 2014.]  “Enclosed, locked facility” means a closet, display case, room, greenhouse or other enclosed area that meets the requirements of NRS 453A.362 and is equipped with locks or other security devices which allow access only by a medical marijuana establishment agent and the holder of a valid registry identification card.

      (Added to NRS by 2013, 3701, effective April 1, 2014)

      NRS 453A.104  “Excluded felony offense” defined. [Effective April 1, 2014.]

      1.  “Excluded felony offense” means:

      (a) A crime of violence; or

      (b) A violation of a state or federal law pertaining to controlled substances, if the law was punishable as a felony in the jurisdiction where the person was convicted.

      2.  The term does not include:

      (a) A criminal offense for which the sentence, including any term of probation, incarceration or supervised release, was completed more than 10 years before; or

      (b) An offense involving conduct that would be immune from arrest, prosecution or penalty pursuant to NRS 453A.320 to 453A.370, inclusive, except that the conduct occurred before April 1, 2014, or was prosecuted by an authority other than the State of Nevada.

      (Added to NRS by 2013, 3701, effective April 1, 2014)

      NRS 453A.105  “Facility for the production of edible marijuana products or marijuana-infused products” defined. [Effective April 1, 2014.]  “Facility for the production of edible marijuana products or marijuana-infused products” means a business that:

      1.  Is registered with the Division pursuant to NRS 453A.322; and

      2.  Acquires, possesses, manufactures, delivers, transfers, transports, supplies or sells edible marijuana products or marijuana-infused products to medical marijuana dispensaries.

      (Added to NRS by 2013, 3701, effective April 1, 2014)

      NRS 453A.107  “Independent testing laboratory” defined. [Effective April 1, 2014.]  “Independent testing laboratory” means a facility described in NRS 453A.368.

      (Added to NRS by 2013, 3701, effective April 1, 2014)

      NRS 453A.108  “Inventory control system” defined. [Effective April 1, 2014.]  “Inventory control system” means a process, device or other contrivance that may be used to monitor the chain of custody of marijuana used for medical purposes from the point of cultivation to the end consumer.

      (Added to NRS by 2013, 3702, effective April 1, 2014)

      NRS 453A.110  “Marijuana” defined.  “Marijuana” has the meaning ascribed to it in NRS 453.096.

      (Added to NRS by 2001, 3055)

      NRS 453A.112  “Marijuana-infused products” defined. [Effective April 1, 2014.]

      1.  “Marijuana-infused products” means products that:

      (a) Are infused with marijuana or an extract thereof; and

      (b) Are intended for use or consumption by humans through means other than inhalation or oral ingestion.

      2.  The term includes, without limitation, topical products, ointments, oils and tinctures.

      (Added to NRS by 2013, 3702, effective April 1, 2014)

      NRS 453A.115  “Medical marijuana dispensary” defined. [Effective April 1, 2014.]  “Medical marijuana dispensary” means a business that:

      1.  Is registered with the Division pursuant to NRS 453A.322; and

      2.  Acquires, possesses, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to the holder of a valid registry identification card.

      (Added to NRS by 2013, 3702, effective April 1, 2014)

      NRS 453A.116  “Medical marijuana establishment” defined. [Effective April 1, 2014.]  “Medical marijuana establishment” means:

      1.  An independent testing laboratory;

      2.  A cultivation facility;

      3.  A facility for the production of edible marijuana products or marijuana-infused products;

      4.  A medical marijuana dispensary; or

      5.  A business that has registered with the Division and paid the requisite fees to act as more than one of the types of businesses listed in subsections 2, 3 and 4.

      (Added to NRS by 2013, 3702, effective April 1, 2014)

      NRS 453A.117  “Medical marijuana establishment agent” defined. [Effective April 1, 2014.]  “Medical marijuana establishment agent” means an owner, officer, board member, employee or volunteer of a medical marijuana establishment.

      (Added to NRS by 2013, 3702, effective April 1, 2014)

      NRS 453A.118  “Medical marijuana establishment agent registration card” defined. [Effective April 1, 2014.]  “Medical marijuana establishment agent registration card” means a registration card that is issued by the Division pursuant to NRS 453A.332 to authorize a person to volunteer or work at a medical marijuana establishment.

      (Added to NRS by 2013, 3702, effective April 1, 2014)

      NRS 453A.119  “Medical marijuana establishment registration certificate” defined. [Effective April 1, 2014.]  “Medical marijuana establishment registration certificate” means a registration certificate that is issued by the Division pursuant to NRS 453A.322 to authorize the operation of a medical marijuana establishment.

      (Added to NRS by 2013, 3702, effective April 1, 2014)

      NRS 453A.120  “Medical use of marijuana” defined.  “Medical use of marijuana” means:

      1.  The possession, delivery, production or use of marijuana;

      2.  The possession, delivery or use of paraphernalia used to administer marijuana; or

      3.  Any combination of the acts described in subsections 1 and 2,

Ê as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or her chronic or debilitating medical condition.

      (Added to NRS by 2001, 3055)

      NRS 453A.125  “Paraphernalia” defined. [Effective April 1, 2014.]  “Paraphernalia” means accessories, devices and other equipment that is necessary or useful for a person to engage in the medical use of marijuana.

      (Added to NRS by 2001, 3055; A 2013, 3716, effective April 1, 2014)—(Substituted in revision for NRS 453A.100)

      NRS 453A.130  “Production” defined.  “Production” has the meaning ascribed to it in NRS 453.131.

      (Added to NRS by 2001, 3055)

      NRS 453A.140  “Registry identification card” defined.  “Registry identification card” means a document issued by the Division or its designee that identifies:

      1.  A person who is exempt from state prosecution for engaging in the medical use of marijuana; or

      2.  The designated primary caregiver, if any, of a person described in subsection 1.

      (Added to NRS by 2001, 3055; A 2009, 618)

      NRS 453A.150  “State prosecution” defined.  “State prosecution” means prosecution initiated or maintained by the State of Nevada or an agency or political subdivision of the State of Nevada.

      (Added to NRS by 2001, 3055)

      NRS 453A.155  “THC” defined. [Effective April 1, 2014.]  “THC” means delta-9-tetrahydrocannabinol, which is the primary active ingredient in marijuana.

      (Added to NRS by 2013, 3702, effective April 1, 2014)

      NRS 453A.160  “Usable marijuana” defined.

      1.  “Usable marijuana” means:

      (a) The dried leaves and flowers of a plant of the genus Cannabis, and any mixture or preparation thereof, that are appropriate for the medical use of marijuana; and

      (b) The seeds of a plant of the genus Cannabis.

      2.  The term does not include the stalks and roots of the plant.

      (Added to NRS by 2001, 3055; A 2003, 1430)

      NRS 453A.170  “Written documentation” defined.  “Written documentation” means:

      1.  A statement signed by the attending physician of a person diagnosed with a chronic or debilitating medical condition; or

      2.  Copies of the relevant medical records of a person diagnosed with a chronic or debilitating medical condition.

      (Added to NRS by 2001, 3055)

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION CARDS

      NRS 453A.200  Holder of valid registry identification card exempt from state prosecution for certain acts involving marijuana and drug paraphernalia; mere presence of person in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense. [Effective through March 31, 2014.]

      1.  Except as otherwise provided in this section and NRS 453A.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 453A.220 or 453A.250 is exempt from state prosecution for:

      (a) Possession, delivery or production of marijuana;

      (b) Possession or delivery of drug paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of marijuana;

      (d) Aiding and abetting another in the possession or delivery of drug paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia is an element.

      2.  In addition to the provisions of subsection 1, 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 medical use of marijuana in accordance with the provisions of this chapter.

      3.  The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and the designated primary caregiver, if any, of such a person:

      (a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; and

      (b) Do not, at any one time, collectively possess, deliver or produce more than:

             (1) One ounce of usable marijuana;

             (2) Three mature marijuana plants; and

             (3) Four immature marijuana plants.

      4.  If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:

      (a) Are not exempt from state prosecution for possession, delivery or production of marijuana.

      (b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in NRS 453A.310.

      (Added to NRS by 2001, 3055)

      NRS 453A.200  Holder of valid registry identification card or medical marijuana establishment registration certificate exempt from state prosecution for certain acts involving marijuana and paraphernalia; no crime for mere presence in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense; holder of card prohibited from cultivating, growing or producing marijuana if dispensary opens in county of residence; exceptions. [Effective April 1, 2014, and through March 31, 2016.]

      1.  Except as otherwise provided in this section and NRS 453A.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 453A.220 or 453A.250 is exempt from state prosecution for:

      (a) Possession, delivery or production of marijuana;

      (b) Possession or delivery of paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of marijuana;

      (d) Aiding and abetting another in the possession or delivery of paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.

      2.  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 medical use of marijuana in accordance with the provisions of this chapter.

      3.  The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and the designated primary caregiver, if any, of such a person:

      (a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; and

      (b) Do not, at any one time, collectively possess, deliver or produce more than:

             (1) Two and one-half ounces of usable marijuana in any one 14-day period;

             (2) Twelve marijuana plants, irrespective of whether the marijuana plants are mature or immature; and

             (3) A maximum allowable quantity of edible marijuana products and marijuana-infused products as established by regulation of the Division.

Ê The persons described in this subsection must ensure that the usable marijuana and marijuana plants described in this subsection are safeguarded in an enclosed, secure location.

      4.  If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:

      (a) Are not exempt from state prosecution for possession, delivery or production of marijuana.

      (b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in NRS 453A.310.

      5.  A person who holds a valid medical marijuana establishment registration certificate issued to the person pursuant to NRS 453A.322 or a valid medical marijuana establishment agent registration card issued to the person pursuant to NRS 453A.332, and who confines his or her activities to those authorized by NRS 453A.320 to 453A.370, inclusive, and the regulations adopted by the Division pursuant thereto, is exempt from state prosecution for:

      (a) Possession, delivery or production of marijuana;

      (b) Possession or delivery of paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of marijuana;

      (d) Aiding and abetting another in the possession or delivery of paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.

      6.  Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical marijuana dispensary opens in the county of residence of a person who holds a registry identification card or his or her designated primary caregiver, if any, such persons are not authorized to cultivate, grow or produce marijuana. The provisions of this subsection do not apply if:

      (a) The person who holds the registry identification card or his or her designated primary caregiver, if any, was cultivating, growing or producing marijuana in accordance with this chapter on or before July 1, 2013;

      (b) All the medical marijuana dispensaries in the county of residence of the person who holds the registry identification card or his or her designated primary caregiver, if any, close or are unable to supply the quantity or strain of marijuana necessary for the medical use of the person to treat his or her specific medical condition;

      (c) Because of illness or lack of transportation, the person who holds the registry identification card and his or her designated primary caregiver, if any, are unable reasonably to travel to a medical marijuana dispensary; or

      (d) No medical marijuana dispensary was operating within 25 miles of the residence of the person who holds the registry identification card at the time the person first applied for his or her registry identification card.

      7.  As used in this section, “marijuana” includes, without limitation, edible marijuana products and marijuana-infused products.

      (Added to NRS by 2001, 3055; A 2013, 3716, effective April 1, 2014)

      NRS 453A.200  Holder of valid registry identification card or medical marijuana establishment registration certificate exempt from state prosecution for certain acts involving marijuana and paraphernalia; no crime for mere presence in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense; holder of card prohibited from cultivating, growing or producing marijuana if dispensary opens in county of residence; exceptions. [Effective April 1, 2016.]

      1.  Except as otherwise provided in this section and NRS 453A.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 453A.220 or 453A.250 is exempt from state prosecution for:

      (a) Possession, delivery or production of marijuana;

      (b) Possession or delivery of paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of marijuana;

      (d) Aiding and abetting another in the possession or delivery of paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.

      2.  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 medical use of marijuana in accordance with the provisions of this chapter.

      3.  The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and the designated primary caregiver, if any, of such a person:

      (a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; and

      (b) Do not, at any one time, collectively possess, deliver or produce more than:

             (1) Two and one-half ounces of usable marijuana in any one 14-day period;

             (2) Twelve marijuana plants, irrespective of whether the marijuana plants are mature or immature; and

             (3) A maximum allowable quantity of edible marijuana products and marijuana-infused products as established by regulation of the Division.

Ê The persons described in this subsection must ensure that the usable marijuana and marijuana plants described in this subsection are safeguarded in an enclosed, secure location.

      4.  If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:

      (a) Are not exempt from state prosecution for possession, delivery or production of marijuana.

      (b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in NRS 453A.310.

      5.  A person who holds a valid medical marijuana establishment registration certificate issued to the person pursuant to NRS 453A.322 or a valid medical marijuana establishment agent registration card issued to the person pursuant to NRS 453A.332, and who confines his or her activities to those authorized by NRS 453A.320 to 453A.370, inclusive, and the regulations adopted by the Division pursuant thereto, is exempt from state prosecution for:

      (a) Possession, delivery or production of marijuana;

      (b) Possession or delivery of paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of marijuana;

      (d) Aiding and abetting another in the possession or delivery of paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.

      6.  Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical marijuana dispensary opens in the county of residence of a person who holds a registry identification card or his or her designated primary caregiver, if any, such persons are not authorized to cultivate, grow or produce marijuana. The provisions of this subsection do not apply if:

      (a) All the medical marijuana dispensaries in the county of residence of the person who holds the registry identification card or his or her designated primary caregiver, if any, close or are unable to supply the quantity or strain of marijuana necessary for the medical use of the person to treat his or her specific medical condition;

      (b) Because of illness or lack of transportation, the person who holds the registry identification card and his or her designated primary caregiver, if any, are unable reasonably to travel to a medical marijuana dispensary; or

      (c) No medical marijuana dispensary was operating within 25 miles of the residence of the person who holds the registry identification card at the time the person first applied for his or her registry identification card.

      7.  As used in this section, “marijuana” includes, without limitation, edible marijuana products and marijuana-infused products.

      (Added to NRS by 2001, 3055; A 2013, 3716, 3718, effective April 1, 2016)

      NRS 453A.210  Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application. [Effective through March 31, 2014.]

      1.  The Division shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.

      2.  Except as otherwise provided in subsections 3 and 5 and NRS 453A.225, the Division or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Division accompanied by the following:

      (a) Valid, written documentation from the person’s attending physician stating that:

             (1) The person has been diagnosed with a chronic or debilitating medical condition;

             (2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

             (3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;

      (b) The name, address, telephone number, social security number and date of birth of the person;

      (c) Proof satisfactory to the Division that the person is a resident of this State;

      (d) The name, address and telephone number of the person’s attending physician; and

      (e) If the person elects to designate a primary caregiver at the time of application:

             (1) The name, address, telephone number and social security number of the designated primary caregiver; and

             (2) A written, signed statement from the person’s attending physician in which the attending physician approves of the designation of the primary caregiver.

      3.  The Division or its designee shall issue a registry identification card to a person who is under 18 years of age if:

      (a) The person submits the materials required pursuant to subsection 2; and

      (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:

             (1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

             (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

             (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

             (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.

      4.  The form prescribed by the Division to be used by a person applying for a registry identification card pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the Division shall:

      (a) Record on the application the date on which it was received;

      (b) Retain one copy of the application for the records of the Division; and

      (c) Distribute the other four copies of the application in the following manner:

             (1) One copy to the person who submitted the application;

             (2) One copy to the applicant’s designated primary caregiver, if any;

             (3) One copy to the Central Repository for Nevada Records of Criminal History; and

             (4) One copy to:

                   (I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners; or

                   (II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.

Ê The Central Repository for Nevada Records of Criminal History shall report to the Division its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall report to the Division its findings as to the licensure and standing of the applicant’s attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).

      5.  The Division shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The Division may contact an applicant, the applicant’s attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Division may deny an application only on the following grounds:

      (a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:

             (1) Establish the applicant’s chronic or debilitating medical condition; or

             (2) Document the applicant’s consultation with an attending physician regarding the medical use of marijuana in connection with that condition;

      (b) The applicant failed to comply with regulations adopted by the Division, including, without limitation, the regulations adopted by the Administrator pursuant to NRS 453A.740;

      (c) The Division determines that the information provided by the applicant was falsified;

      (d) The Division determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this State or is not in good standing, as reported by the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable;

      (e) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;

      (f) The Division has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of NRS 453A.300;

      (g) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has had a registry identification card revoked pursuant to NRS 453A.225; or

      (h) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

      6.  The decision of the Division to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Division. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

      7.  A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.

      8.  Except as otherwise provided in this subsection, if a person has applied for a registry identification card pursuant to this section and the Division has not yet approved or denied the application, the person, and the person’s designated primary caregiver, if any, shall be deemed to hold a registry identification card upon the presentation to a law enforcement officer of the copy of the application provided to him or her pursuant to subsection 4. A person may not be deemed to hold a registry identification card for a period of more than 30 days after the date on which the Division received the application.

      9.  As used in this section, “resident” has the meaning ascribed to it in NRS 483.141.

      (Added to NRS by 2001, 3056; A 2003, 1431; 2005, 686; 2009, 618)

      NRS 453A.210  Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application. [Effective April 1, 2014.]

      1.  The Division shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.

      2.  Except as otherwise provided in subsections 3 and 5 and NRS 453A.225, the Division or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Division accompanied by the following:

      (a) Valid, written documentation from the person’s attending physician stating that:

             (1) The person has been diagnosed with a chronic or debilitating medical condition;

             (2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

             (3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;

      (b) The name, address, telephone number, social security number and date of birth of the person;

      (c) Proof satisfactory to the Division that the person is a resident of this State;

      (d) The name, address and telephone number of the person’s attending physician;

      (e) If the person elects to designate a primary caregiver at the time of application:

             (1) The name, address, telephone number and social security number of the designated primary caregiver; and

             (2) A written, signed statement from the person’s attending physician in which the attending physician approves of the designation of the primary caregiver; and

      (f) If the person elects to designate a medical marijuana dispensary at the time of application, the name of the medical marijuana dispensary.

      3.  The Division or its designee shall issue a registry identification card to a person who is under 18 years of age if:

      (a) The person submits the materials required pursuant to subsection 2; and

      (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:

             (1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

             (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

             (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

             (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.

      4.  The form prescribed by the Division to be used by a person applying for a registry identification card pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the Division shall:

      (a) Record on the application the date on which it was received;

      (b) Retain one copy of the application for the records of the Division; and

      (c) Distribute the other four copies of the application in the following manner:

             (1) One copy to the person who submitted the application;

             (2) One copy to the applicant’s designated primary caregiver, if any;

             (3) One copy to the Central Repository for Nevada Records of Criminal History; and

             (4) One copy to:

                   (I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners; or

                   (II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.

Ê The Central Repository for Nevada Records of Criminal History shall report to the Division its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall report to the Division its findings as to the licensure and standing of the applicant’s attending physician within 15 days after receiving a copy of an application pursuant to subparagraph (4) of paragraph (c).

      5.  The Division shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The Division may contact an applicant, the applicant’s attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Division may deny an application only on the following grounds:

      (a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:

             (1) Establish the applicant’s chronic or debilitating medical condition; or

             (2) Document the applicant’s consultation with an attending physician regarding the medical use of marijuana in connection with that condition;

      (b) The applicant failed to comply with regulations adopted by the Division, including, without limitation, the regulations adopted by the Administrator pursuant to NRS 453A.740;

      (c) The Division determines that the information provided by the applicant was falsified;

      (d) The Division determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this State or is not in good standing, as reported by the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable;

      (e) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;

      (f) The Division has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of NRS 453A.300;

      (g) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has had a registry identification card revoked pursuant to NRS 453A.225; or

      (h) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

      6.  The decision of the Division to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Division. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

      7.  A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.

      8.  Except as otherwise provided in this subsection, if a person has applied for a registry identification card pursuant to this section and the Division has not yet approved or denied the application, the person, and the person’s designated primary caregiver, if any, shall be deemed to hold a registry identification card upon the presentation to a law enforcement officer of the copy of the application provided to him or her pursuant to subsection 4.

      9.  As used in this section, “resident” has the meaning ascribed to it in NRS 483.141.

      (Added to NRS by 2001, 3056; A 2003, 1431; 2005, 686; 2009, 618; 2013, 3719, effective April 1, 2014)

      NRS 453A.220  Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal. [Effective through March 31, 2014.]

      1.  If the Division approves an application pursuant to subsection 5 of NRS 453A.210, the Division or its designee shall, as soon as practicable after the Division approves the application:

      (a) Issue a serially numbered registry identification card to the applicant; and

      (b) If the applicant has designated a primary caregiver, issue a serially numbered registry identification card to the designated primary caregiver.

      2.  A registry identification card issued pursuant to paragraph (a) of subsection 1 must set forth:

      (a) The name, address, photograph and date of birth of the applicant;

      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant’s designated primary caregiver, if any; and

      (d) Any other information prescribed by regulation of the Division.

      3.  A registry identification card issued pursuant to paragraph (b) of subsection 1 must set forth:

      (a) The name, address and photograph of the designated primary caregiver;

      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant for whom the person is the designated primary caregiver; and

      (d) Any other information prescribed by regulation of the Division.

      4.  Except as otherwise provided in NRS 453A.225, subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300, a registry identification card issued pursuant to this section is valid for a period of 1 year and may be renewed in accordance with regulations adopted by the Division.

      (Added to NRS by 2001, 3058; A 2005, 688; 2009, 620)

      NRS 453A.220  Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal. [Effective April 1, 2014.]

      1.  If the Division approves an application pursuant to subsection 5 of NRS 453A.210, the Division or its designee shall, as soon as practicable after the Division approves the application:

      (a) Issue a serially numbered registry identification card to the applicant; and

      (b) If the applicant has designated a primary caregiver, issue a serially numbered registry identification card to the designated primary caregiver.

      2.  A registry identification card issued pursuant to paragraph (a) of subsection 1 must set forth:

      (a) The name, address, photograph and date of birth of the applicant;

      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant’s designated primary caregiver, if any;

      (d) The name of the applicant’s designated medical marijuana dispensary, if any;

      (e) Whether the applicant is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200; and

      (f) Any other information prescribed by regulation of the Division.

      3.  A registry identification card issued pursuant to paragraph (b) of subsection 1 must set forth:

      (a) The name, address and photograph of the designated primary caregiver;

      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant for whom the person is the designated primary caregiver;

      (d) The name of the designated primary caregiver’s designated medical marijuana dispensary, if any;

      (e) Whether the designated primary caregiver is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200; and

      (f) Any other information prescribed by regulation of the Division.

      4.  Except as otherwise provided in NRS 453A.225, subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300, a registry identification card issued pursuant to this section is valid for a period of 1 year and may be renewed in accordance with regulations adopted by the Division.

      (Added to NRS by 2001, 3058; A 2005, 688; 2009, 620; 2013, 3722, effective April 1, 2014)

      NRS 453A.225  Registry identification cards: Revocation; duties; judicial review; reapplication prohibited for 12 months.

      1.  If, at any time after the Division or its designee has issued a registry identification card to a person pursuant to paragraph (a) of subsection 1 of NRS 453A.220, the Division determines, on the basis of official documents or records or other credible evidence, that the person:

      (a) Provided falsified information on his or her application to the Division or its designee, as described in paragraph (c) of subsection 5 of NRS 453A.210; or

      (b) Has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210,

Ê the Division shall immediately revoke the registry identification card issued to that person and shall immediately revoke the registry identification card issued to that person’s designated primary caregiver, if any.

      2.  If, at any time after the Division or its designee has issued a registry identification card to a person pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250, the Division determines, on the basis of official documents or records or other credible evidence, that the person has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210, the Division shall immediately revoke the registry identification card issued to that person.

      3.  Upon the revocation of a registry identification card pursuant to this section:

      (a) The Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been revoked, advising the person of the requirements of paragraph (b); and

      (b) The person shall return his or her registry identification card to the Division within 7 days after receiving the notice sent pursuant to paragraph (a).

      4.  The decision of the Division to revoke a registry identification card pursuant to this section is a final decision for the purposes of judicial review.

      5.  A person whose registry identification card has been revoked pursuant to this section may not reapply for a registry identification card pursuant to NRS 453A.210 for 12 months after the date of the revocation, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.

      (Added to NRS by 2005, 685; A 2009, 621)

      NRS 453A.230  Registry identification card: Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card. [Effective through March 31, 2014.]

      1.  A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 shall, in accordance with regulations adopted by the Division:

      (a) Notify the Division of any change in the person’s name, address, telephone number, attending physician or designated primary caregiver, if any; and

      (b) Submit annually to the Division:

             (1) Updated written documentation from the person’s attending physician in which the attending physician sets forth that:

                   (I) The person continues to suffer from a chronic or debilitating medical condition;

                   (II) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

                   (III) The attending physician has explained to the person the possible risks and benefits of the medical use of marijuana; and

             (2) If the person elects to designate a primary caregiver for the subsequent year and the primary caregiver so designated was not the person’s designated primary caregiver during the previous year:

                   (I) The name, address, telephone number and social security number of the designated primary caregiver; and

                   (II) A written, signed statement from the person’s attending physician in which the attending physician approves of the designation of the primary caregiver.

      2.  A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250 shall, in accordance with regulations adopted by the Division, notify the Division of any change in the person’s name, address, telephone number or the identity of the person for whom he or she acts as designated primary caregiver.

      3.  If a person fails to comply with the provisions of subsection 1 or 2, the registry identification card issued to the person shall be deemed expired. If the registry identification card of a person to whom the Division or its designee issued the card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is deemed expired pursuant to this subsection, a registry identification card issued to the person’s designated primary caregiver, if any, shall also be deemed expired. Upon the deemed expiration of a registry identification card pursuant to this subsection:

      (a) The Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been deemed expired, advising the person of the requirements of paragraph (b); and

      (b) The person shall return his or her registry identification card to the Division within 7 days after receiving the notice sent pursuant to paragraph (a).

      (Added to NRS by 2001, 3059; A 2009, 622)

      NRS 453A.230  Registry identification card: Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card. [Effective April 1, 2014.]

      1.  A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 shall, in accordance with regulations adopted by the Division:

      (a) Notify the Division of any change in the person’s name, address, telephone number, designated medical marijuana dispensary, attending physician or designated primary caregiver, if any; and

      (b) Submit annually to the Division:

             (1) Updated written documentation from the person’s attending physician in which the attending physician sets forth that:

                   (I) The person continues to suffer from a chronic or debilitating medical condition;

                   (II) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

                   (III) The attending physician has explained to the person the possible risks and benefits of the medical use of marijuana; and

             (2) If the person elects to designate a primary caregiver for the subsequent year and the primary caregiver so designated was not the person’s designated primary caregiver during the previous year:

                   (I) The name, address, telephone number and social security number of the designated primary caregiver; and

                   (II) A written, signed statement from the person’s attending physician in which the attending physician approves of the designation of the primary caregiver.

      2.  A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250 shall, in accordance with regulations adopted by the Division, notify the Division of any change in the person’s name, address, telephone number, designated medical marijuana dispensary or the identity of the person for whom he or she acts as designated primary caregiver.

      3.  If a person fails to comply with the provisions of subsection 1 or 2, the registry identification card issued to the person shall be deemed expired. If the registry identification card of a person to whom the Division or its designee issued the card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is deemed expired pursuant to this subsection, a registry identification card issued to the person’s designated primary caregiver, if any, shall also be deemed expired. Upon the deemed expiration of a registry identification card pursuant to this subsection:

      (a) The Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card has been deemed expired, advising the person of the requirements of paragraph (b); and

      (b) The person shall return his or her registry identification card to the Division within 7 days after receiving the notice sent pursuant to paragraph (a).

      (Added to NRS by 2001, 3059; A 2009, 622; 2013, 3723, effective April 1, 2014)

      NRS 453A.240  Registry identification cards: Card to be returned to Division following diagnosis of absence of chronic or debilitating medical condition.  If a person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is diagnosed by the person’s attending physician as no longer having a chronic or debilitating medical condition, the person and his or her designated primary caregiver, if any, shall return their registry identification cards to the Division within 7 days after notification of the diagnosis.

      (Added to NRS by 2001, 3060; A 2009, 623)

      NRS 453A.250  Registry identification cards: General requirements concerning designation of primary caregiver; user of medical marijuana not to have more than one designated primary caregiver; timing of issuance of card to caregiver if caregiver designated after initial issuance of card to patient.

      1.  If a person who applies to the Division for a registry identification card or to whom the Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires to designate a primary caregiver, the person must:

      (a) To designate a primary caregiver at the time of application, submit to the Division the information required pursuant to paragraph (e) of subsection 2 of NRS 453A.210; or

      (b) To designate a primary caregiver after the Division or its designee has issued a registry identification card to the person, submit to the Division the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.

      2.  A person may have only one designated primary caregiver at any one time.

      3.  If a person designates a primary caregiver after the time that the person initially applies for a registry identification card, the Division or its designee shall, except as otherwise provided in subsection 5 of NRS 453A.210, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.

      (Added to NRS by 2001, 3060; A 2003, 1433; 2009, 623)

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

      NRS 453A.300  Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty. [Effective through March 31, 2014.]

      1.  A person who holds a registry identification card issued to him or her pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts:

      (a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130.

      (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.

      (d) Possessing marijuana in violation of NRS 453.336 or possessing drug paraphernalia in violation of NRS 453.560 or 453.566, if the possession of the marijuana or drug paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:

             (1) Any public place or in any place open to the public or exposed to public view; or

             (2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders.

      (e) Delivering marijuana to another person who he or she knows does not lawfully hold a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

      (f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

      2.  Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.

      (Added to NRS by 2001, 3060; A 2005, 169, 689; 2009, 623, 1887)

      NRS 453A.300  Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty. [Effective April 1, 2014.]

      1.  A person who holds a registry identification card issued to him or her pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts:

      (a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.

      (b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130.

      (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.

      (d) Possessing marijuana in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566, if the possession of the marijuana or paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:

             (1) Any public place or in any place open to the public or exposed to public view; or

             (2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders.

      (e) Delivering marijuana to another person who he or she knows does not lawfully hold a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

      (f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

      2.  Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.

      (Added to NRS by 2001, 3060; A 2005, 169, 689; 2009, 623, 1887; 2013, 3724, effective April 1, 2014)

      NRS 453A.310  Affirmative defenses.

      1.  Except as otherwise provided in this section and NRS 453A.300, it is an affirmative defense to a criminal charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that the person charged with the offense:

      (a) Is a person who:

             (1) Has been diagnosed with a chronic or debilitating medical condition within the 12-month period preceding his or her arrest and has been advised by his or her attending physician that the medical use of marijuana may mitigate the symptoms or effects of that chronic or debilitating medical condition;

             (2) Is engaged in the medical use of marijuana; and

             (3) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person’s attending physician to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; or

      (b) Is a person who:

             (1) Is assisting a person described in paragraph (a) in the medical use of marijuana; and

             (2) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person’s attending physician to mitigate the symptoms or effects of the assisted person’s chronic or debilitating medical condition.

      2.  A person need not hold a registry identification card issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defense described in this section.

      3.  Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use of marijuana is not precluded from:

      (a) Asserting a defense of medical necessity; or

      (b) Presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition,

Ê if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply substantially with the provisions of this chapter.

      4.  A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of the defendant’s intent to claim the affirmative defense. The written notice must:

      (a) State specifically why the defendant believes he or she is entitled to assert the affirmative defense; and

      (b) Set forth the factual basis for the affirmative defense.

Ê A defendant who fails to provide notice of his or her intent to claim an affirmative defense as required pursuant to this subsection may not assert the affirmative defense at trial unless the court, for good cause shown, orders otherwise.

      (Added to NRS by 2001, 3061; A 2009, 624)

PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA

Registration of Medical Marijuana Establishments and Medical Marijuana Establishment Agents

      NRS 453A.320  Purpose of registration; no vested right acquired by holder of registration certificate or registration card. [Effective April 1, 2014.]  The purpose for registering medical marijuana establishments and medical marijuana establishment agents is to protect the public health and safety and the general welfare of the people of this State. Any medical marijuana establishment registration certificate issued pursuant to NRS 453A.322 and any medical marijuana establishment agent registration card issued pursuant to NRS 453A.332 is a revocable privilege and the holder of such a certificate or card, as applicable, does not acquire thereby any vested right.

      (Added to NRS by 2013, 3710, effective April 1, 2014)

      NRS 453A.322  Registration of establishments: Requirements; expiration and renewal. [Effective April 1, 2014.]

      1.  Each medical marijuana establishment must register with the Division.

      2.  A person who wishes to operate a medical marijuana establishment must submit to the Division an application on a form prescribed by the Division.

      3.  Except as otherwise provided in NRS 453A.324, 453A.326, 453A.328 and 453A.340, not later than 90 days after receiving an application to operate a medical marijuana establishment, the Division shall register the medical marijuana establishment and issue a medical marijuana establishment registration certificate and a random 20-digit alphanumeric identification number if:

      (a) The person who wishes to operate the proposed medical marijuana establishment has submitted to the Division all of the following:

             (1) The application fee, as set forth in NRS 453A.344;

             (2) An application, which must include:

                   (I) The legal name of the proposed medical marijuana establishment;

                   (II) The physical address where the proposed medical marijuana establishment will be located and the physical address of any co-owned additional or otherwise associated medical marijuana establishments, the locations of which may not be 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 marijuana establishment was submitted to the Division, or within 300 feet of a community facility that existed on the date on which the application for the proposed medical marijuana establishment was submitted to the Division;

                   (III) Evidence that the applicant controls not less than $250,000 in liquid assets to cover the initial expenses of opening the proposed medical marijuana establishment and complying with the provisions of NRS 453A.320 to 453A.370, inclusive;

                   (IV) Evidence that the applicant owns the property on which the proposed medical marijuana establishment will be located or has the written permission of the property owner to operate the proposed medical marijuana 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 marijuana establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the Division 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;

                   (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 marijuana establishment; and

                   (VII) The name, address and date of birth of each person who is proposed to be employed by or otherwise provide labor at the proposed medical marijuana establishment as a medical marijuana establishment agent;

             (3) Operating procedures consistent with rules of the Division for oversight of the proposed medical marijuana 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 453A.354 and 453A.356;

             (4) If the proposed medical marijuana establishment will sell or deliver edible marijuana products or marijuana-infused products, proposed operating procedures for handling such products which must be preapproved by the Division;

             (5) If the city, town or county in which the proposed medical marijuana establishment will be located has enacted zoning restrictions, proof of licensure with the applicable local governmental authority or a letter from the applicable local governmental authority certifying that the proposed medical marijuana establishment is in compliance with those restrictions and satisfies all applicable building requirements; and

             (6) Such other information as the Division may require by regulation;

      (b) None of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana 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 marijuana establishment have:

             (1) Served as an owner, officer or board member for a medical marijuana establishment that has had its medical marijuana establishment registration certificate revoked; or

             (2) Previously had a medical marijuana establishment agent registration card revoked; and

      (d) None of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana 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 marijuana establishment, the Division 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, if an application for registration as a medical marijuana establishment satisfies the requirements of this section and the establishment is not disqualified from being registered as a medical marijuana establishment pursuant to this section or other applicable law, the Division shall issue to the establishment a medical marijuana establishment registration certificate. A medical marijuana establishment registration certificate expires 1 year after the date of issuance and may be renewed upon:

      (a) Resubmission of the information set forth in this section; and

      (b) Payment of the renewal fee set forth in NRS 453A.344.

      6.  In determining whether to issue a medical marijuana establishment registration certificate pursuant to this section, the Division shall consider the criteria of merit set forth in NRS 453A.328.

      7.  As used in this section, “community facility” means:

      (a) A facility that provides day care to children.

      (b) A public park.

      (c) A playground.

      (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 2013, 3702, effective April 1, 2014)

      NRS 453A.324  Registration of establishments: Limitation on total number of certificates that can be issued in each county; limitation on number of days Division may accept applications in calendar year. [Effective April 1, 2014.]

      1.  Except as otherwise provided in this section and NRS 453A.326, the Division shall issue medical marijuana establishment registration certificates for medical marijuana dispensaries in the following quantities for applicants who qualify pursuant to NRS 453A.322:

      (a) In a county whose population is 700,000 or more, 40 certificates;

      (b) In a county whose population is 100,000 or more but less than 700,000, ten certificates;

      (c) In a county whose population is 55,000 or more but less than 100,000, two certificates; and

      (d) In each other county, one certificate.

      2.  Notwithstanding the provisions of subsection 1, the Division shall not issue medical marijuana establishment registration certificates for medical marijuana dispensaries in such a quantity as to cause the existence within the applicable county of more than one medical marijuana dispensary for every ten pharmacies that have been licensed in the county pursuant to chapter 639 of NRS. The Division may issue medical marijuana establishment registration certificates for medical marijuana dispensaries in excess of the ratio otherwise allowed pursuant to this subsection if to do so is necessary to ensure that the Division issues at least one medical marijuana establishment registration certificate in each county of this State in which the Division has approved an application for such an establishment to operate.

      3.  With respect to medical marijuana establishments that are not medical marijuana dispensaries, the Division shall determine the appropriate number of such establishments as are necessary to serve and supply the medical marijuana dispensaries to which the Division has granted medical marijuana establishment registration certificates.

      4.  The Division shall not, for more than a total of ten business days in any one calendar year, accept applications to operate medical marijuana establishments.

      (Added to NRS by 2013, 3705, effective April 1, 2014)

      NRS 453A.326  Registration of establishments in larger counties: Limitation on number of medical marijuana dispensaries located in any one governmental jurisdiction within county; limitation on number of certificates issued to any one person; certificates deemed provisional pending compliance with local requirements and issuance of local business license. [Effective April 1, 2014.]

      1.  Except as otherwise provided in this subsection, in a county whose population is 100,000 or more, the Division shall ensure that not more than 25 percent of the total number of medical marijuana dispensaries that may be certified in the county, as set forth in NRS 453A.324, are located in any one local governmental jurisdiction within the county. The board of county commissioners of the county may increase the percentage described in this subsection if it determines that to do so is necessary to ensure that the more populous areas of the county have access to sufficient distribution of marijuana for medical use.

      2.  To prevent monopolistic practices, the Division shall ensure, in a county whose population is 100,000 or more, that it does not issue, to any one person, group of persons or entity, the greater of:

      (a) One medical marijuana establishment registration certificate; or

      (b) More than 10 percent of the medical marijuana establishment registration certificates otherwise allocable in the county.

      3.  In a local governmental jurisdiction that issues business licenses, the issuance by the Division of a medical marijuana establishment registration certificate shall be deemed to be provisional until such time as:

      (a) The establishment is in compliance with all applicable local governmental ordinances or rules; and

      (b) The local government has issued a business license for the operation of the establishment.

      4.  As used in this section, “local governmental jurisdiction” means a city, town, township or unincorporated area within a county.

      (Added to NRS by 2013, 3705, effective April 1, 2014)

      NRS 453A.328  Registration of establishments: Considerations in determining whether to issue registration certificate. [Effective April 1, 2014.]  In determining whether to issue a medical marijuana establishment registration certificate pursuant to NRS 453A.322, the Division shall, in addition to the factors set forth in that section, consider the following criteria of merit:

      1.  The total financial resources of the applicant, both liquid and illiquid;

      2.  The previous experience of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment at operating other businesses or nonprofit organizations;

      3.  The educational achievements of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment;

      4.  Any demonstrated knowledge or expertise on the part of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment with respect to the compassionate use of marijuana to treat medical conditions;

      5.  Whether the proposed location of the proposed medical marijuana establishment would be convenient to serve the needs of persons who are authorized to engage in the medical use of marijuana;

      6.  The likely impact of the proposed medical marijuana establishment on the community in which it is proposed to be located;

      7.  The adequacy of the size of the proposed medical marijuana establishment to serve the needs of persons who are authorized to engage in the medical use of marijuana;

      8.  Whether the applicant has an integrated plan for the care, quality and safekeeping of medical marijuana from seed to sale;

      9.  The amount of taxes paid to, or other beneficial financial contributions made to, the State of Nevada or its political subdivisions by the applicant or the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment; and

      10.  Any other criteria of merit that the Division determines to be relevant.

      (Added to NRS by 2013, 3706, effective April 1, 2014)

      NRS 453A.332  Agents required to register with Division; requirements for registration; establishment required to notify Division if agent ceases to be employed by or volunteer at establishment; expiration and renewal of registration. [Effective April 1, 2014.]

      1.  Except as otherwise provided in this section, a person shall not volunteer or work at a medical marijuana establishment as a medical marijuana establishment agent unless the person is registered with the Division pursuant to this section.

      2.  A medical marijuana establishment that wishes to retain as a volunteer or employ a medical marijuana establishment agent shall submit to the Division an application on a form prescribed by the Division. The application must be accompanied by:

      (a) The name, address and date of birth of the prospective medical marijuana establishment agent;

      (b) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;

      (c) A statement signed by the prospective medical marijuana establishment agent asserting that he or she has not previously had a medical marijuana establishment agent registration card revoked;

      (d) A complete set of the fingerprints and written permission of the prospective medical marijuana establishment agent authorizing the Division 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;

      (e) The application fee, as set forth in NRS 453A.344; and

      (f) Such other information as the Division may require by regulation.

      3.  A medical marijuana establishment shall notify the Division within 10 days after a medical marijuana establishment agent ceases to be employed by or volunteer at the medical marijuana establishment.

      4.  A person who:

      (a) Has been convicted of an excluded felony offense; or

      (b) Is less than 21 years of age,

Ê shall not serve as a medical marijuana establishment agent.

      5.  The Division shall submit the fingerprints of an applicant for registration as a medical marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

      6.  The provisions of this section do not require a person who is an owner, officer or board member of a medical marijuana establishment to resubmit information already furnished to the Division at the time the establishment was registered with the Division.

      7.  If an applicant for registration as a medical marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the Division shall issue to the person a medical marijuana establishment agent registration card. If the Division does not act upon an application for a medical marijuana establishment agent registration card within 30 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the Division acts upon the application. A medical marijuana establishment agent registration card expires 1 year after the date of issuance and may be renewed upon:

      (a) Resubmission of the information set forth in this section; and

      (b) Payment of the renewal fee set forth in NRS 453A.344.

      (Added to NRS by 2013, 3707, effective April 1, 2014)

      NRS 453A.334  Registration cards and registration certificates nontransferable. [Effective April 1, 2014.]  The following are nontransferable:

      1.  A medical marijuana establishment agent registration card.

      2.  A medical marijuana establishment registration certificate.

      (Added to NRS by 2013, 3708, effective April 1, 2014)

      NRS 453A.336  Payment of child support: Statement by applicant for registration card or registration certificate; grounds for denial; duties of Division. [Effective April 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate shall:

      (a) Include the social security number of the applicant in the application submitted to the Division.

      (b) Submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the medical marijuana establishment agent registration card or medical marijuana establishment registration certificate; or

      (b) A separate form prescribed by the Division.

      3.  A medical marijuana establishment agent registration card or medical marijuana establishment registration certificate may not be issued or renewed by the Division if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 2013, 3708, effective April 1, 2014)

      NRS 453A.338  Suspension of registration card or registration certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration card or registration certificate. [Effective April 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate, the Division shall deem the card or certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the card or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the card or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose card or certificate was suspended stating that the person whose card or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 2013, 3709, effective April 1, 2014)

      NRS 453A.340  Grounds for immediate revocation of registration certificate. [Effective April 1, 2014.]  The following acts constitute grounds for immediate revocation of a medical marijuana establishment registration certificate:

      1.  Dispensing, delivering or otherwise transferring marijuana to a person other than a medical marijuana establishment agent, another medical marijuana establishment, a patient who holds a valid registry identification card or the designated primary caregiver of such a patient.

      2.  Acquiring usable marijuana or mature marijuana plants from any person other than a medical marijuana establishment agent, another medical marijuana establishment, a patient who holds a valid registry identification card or the designated primary caregiver of such a patient.

      3.  Violating a regulation of the Division, the violation of which is stated to be grounds for immediate revocation of a medical marijuana establishment registration certificate.

      (Added to NRS by 2013, 3709, effective April 1, 2014)

      NRS 453A.342  Grounds for immediate revocation of registration card. [Effective April 1, 2014.]  The following acts constitute grounds for the immediate revocation of the medical marijuana establishment agent registration card of a medical marijuana establishment agent:

      1.  Having committed or committing any excluded felony offense.

      2.  Dispensing, delivering or otherwise transferring marijuana to a person other than a medical marijuana establishment agent, another medical marijuana establishment, a patient who holds a valid registry identification card or the designated primary caregiver of such a patient.

      3.  Violating a regulation of the Division, the violation of which is stated to be grounds for immediate revocation of a medical marijuana establishment agent registration card.

      (Added to NRS by 2013, 3710, effective April 1, 2014)

      NRS 453A.344  Fees. [Effective April 1, 2014.]

      1.  Except as otherwise provided in subsection 2, the Division shall collect not more than the following maximum fees:

 

For the initial issuance of a medical marijuana establishment registration certificate for a medical marijuana dispensary..................................................................................................................... $30,000

For the renewal of a medical marijuana establishment registration certificate for a medical marijuana dispensary......................................................................................................................... 5,000

For the initial issuance of a medical marijuana establishment registration certificate for a cultivation facility  3,000

For the renewal of a medical marijuana establishment registration certificate for a cultivation facility              1,000

For the initial issuance of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.................. 3,000

For the renewal of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.............................. 1,000

For the initial issuance of a medical marijuana establishment agent registration card             75

For the renewal of a medical marijuana establishment agent registration card 75

For the initial issuance of a medical marijuana establishment registration certificate for an independent testing laboratory.......................................................................................................................... 5,000

For the renewal of a medical marijuana establishment registration certificate for an independent testing laboratory.......................................................................................................................... 3,000

 

      2.  In addition to the fees described in subsection 1, each applicant for a medical marijuana establishment registration certificate must pay to the Division:

      (a) A one-time, nonrefundable application fee of $5,000; and

      (b) The actual costs incurred by the Division in processing the application, including, without limitation, conducting background checks.

      3.  Any revenue generated from the fees imposed pursuant to this section:

      (a) Must be expended first to pay the costs of the Division in carrying out the provisions of NRS 453A.320 to 453A.370, inclusive; and

      (b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund.

      (Added to NRS by 2013, 3706, effective April 1, 2014)

Requirements Concerning Operation of Medical Marijuana Establishments

      NRS 453A.350  Location, land use, appearance and signage. [Effective April 1, 2014.]  Each medical marijuana establishment must:

      1.  Be located in a separate building or facility that is located in a commercial or industrial zone or overlay;

      2.  Comply with all local ordinances and rules pertaining to zoning, land use and signage;

      3.  Have an appearance, both as to the interior and exterior, that is professional, orderly, dignified and consistent with the traditional style of pharmacies and medical offices; and

      4.  Have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.

      (Added to NRS by 2013, 3704, effective April 1, 2014)

      NRS 453A.352  Operating documents; security measures; actions of establishment with respect to marijuana required to be for certain purpose; requirements for cultivation; dispensary and cultivation facility authorized to acquire marijuana from patient; allowing consumption on premises prohibited; inspection. [Effective April 1, 2014.]

      1.  The operating documents of a medical marijuana establishment must include procedures:

      (a) For the oversight of the medical marijuana establishment; and

      (b) To ensure accurate recordkeeping, including, without limitation, the provisions of NRS 453A.354 and 453A.356.

      2.  Except as otherwise provided in this subsection, a medical marijuana establishment:

      (a) That is a medical marijuana dispensary must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.

      (b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.

Ê The provisions of this subsection do not supersede any state or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.

      3.  A medical marijuana establishment is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to:

      (a) Directly or indirectly assist patients who possess valid registry identification cards; and

      (b) Assist patients who possess valid registry identification cards by way of those patients’ designated primary caregivers.

Ê For the purposes of this subsection, a person shall be deemed to be a patient who possesses a valid registry identification card if he or she qualifies for nonresident reciprocity pursuant to NRS 453A.364.

      4.  All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed, locked facility at the physical address provided to the Division during the registration process for the cultivation facility. Such an enclosed, locked facility must be accessible only by medical marijuana establishment agents who are lawfully associated with the 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 medical marijuana establishment agent.

      5.  A medical marijuana dispensary and a cultivation facility may acquire usable marijuana or marijuana plants from a patient who holds a valid registry identification card, or the designated primary caregiver of such a patient. Except as otherwise provided in this subsection, the patient or caregiver, as applicable, must receive no compensation for the marijuana. A patient who holds a valid registry identification card, and the designated primary caregiver of such a patient, may sell usable marijuana to a medical marijuana dispensary one time and may sell marijuana plants to a cultivation facility one time.

      6.  A medical marijuana establishment shall not allow any person to consume marijuana on the property or premises of the establishment.

      7.  Medical marijuana establishments are subject to reasonable inspection by the Division at any time, and a person who holds a medical marijuana establishment registration certificate must make himself or herself, or a designee thereof, available and present for any inspection by the Division of the establishment.

      (Added to NRS by 2013, 3710, effective April 1, 2014)

      NRS 453A.354  Electronic verification system. [Effective April 1, 2014.]

      1.  Each medical marijuana establishment, in consultation with the Division, shall maintain an electronic verification system.

      2.  The electronic verification system required pursuant to subsection 1 must be able to monitor and report information, including, without limitation:

      (a) In the case of a medical marijuana dispensary, for each person who holds a valid registry identification card and who purchased marijuana from the dispensary in the immediately preceding 60-day period:

             (1) The number of the card;

             (2) The date on which the card was issued; and

             (3) The date on which the card will expire.

      (b) For each medical marijuana establishment agent who is employed by or volunteers at the medical marijuana establishment, the number of the person’s medical marijuana establishment agent registration card.

      (c) In the case of a medical marijuana dispensary, such information as may be required by the Division by regulation regarding persons who are not residents of this State and who have purchased marijuana from the dispensary.

      (d) Verification of the identity of a person to whom marijuana, edible marijuana products or marijuana-infused products are sold or otherwise distributed.

      (e) Such other information as the Division may require.

      3.  Nothing in this section prohibits more than one medical marijuana establishment from co-owning an electronic verification system in cooperation with other medical marijuana establishments, or sharing the information obtained therefrom.

      4.  A medical marijuana establishment must exercise reasonable care to ensure that the personal identifying information of persons who hold registry identification cards which is contained in an electronic verification system is encrypted, protected and not divulged for any purpose not specifically authorized by law.

      (Added to NRS by 2013, 3711, effective April 1, 2014)

      NRS 453A.356  Inventory control system. [Effective April 1, 2014.]

      1.  Each medical marijuana establishment, in consultation with the Division, shall maintain an inventory control system.

      2.  The inventory control system required pursuant to subsection 1 must be able to monitor and report information, including, without limitation:

      (a) Insofar as is practicable, the chain of custody and current whereabouts, in real time, of medical marijuana from the point that it is harvested at a cultivation facility until it is sold at a medical marijuana dispensary and, if applicable, if it is processed at a facility for the production of edible marijuana products or marijuana-infused products;

      (b) The name of each person or other medical marijuana establishment, or both, to which the establishment sold marijuana;

      (c) In the case of a medical marijuana dispensary, the date on which it sold marijuana to a person who holds a registry identification card and, if any, the quantity of edible marijuana products or marijuana-infused products sold, measured both by weight and potency; and

      (d) Such other information as the Division may require.

      3.  Nothing in this section prohibits more than one medical marijuana establishment from co-owning an inventory control system in cooperation with other medical marijuana establishments, or sharing the information obtained therefrom.

      4.  A medical marijuana establishment must exercise reasonable care to ensure that the personal identifying information of persons who hold registry identification cards which is contained in an inventory control system is encrypted, protected and not divulged for any purpose not specifically authorized by law.

      (Added to NRS by 2013, 3712, effective April 1, 2014)

      NRS 453A.358  Duties of medical marijuana dispensaries relating to sale of medical marijuana and related products and relating to notice of legal limits on possession of medical marijuana. [Effective April 1, 2014.]  Each medical marijuana dispensary shall ensure all of the following:

      1.  The weight, concentration and content of THC in all marijuana, edible marijuana products and marijuana-infused products that the dispensary sells is clearly and accurately stated on the product sold.

      2.  That the dispensary does not sell to a person, in any one 14-day period, an amount of marijuana for medical purposes that exceeds the limits set forth in NRS 453A.200.

      3.  That, posted clearly and conspicuously within the dispensary, are the legal limits on the possession of marijuana for medical purposes, as set forth in NRS 453A.200.

      4.  That, posted clearly and conspicuously within the dispensary, is a sign stating unambiguously the legal limits on the possession of marijuana for medical purposes, as set forth in NRS 453A.200.

      (Added to NRS by 2013, 3712, effective April 1, 2014)

      NRS 453A.360  Requirements concerning edible marijuana products and marijuana-infused products. [Effective April 1, 2014.]  Each medical marijuana dispensary and facility for the production of edible marijuana products or marijuana-infused products shall, in consultation with the Division, cooperate to ensure that all edible marijuana products and marijuana-infused products offered for sale:

      1.  Are labeled clearly and unambiguously as medical marijuana.

      2.  Are not presented in packaging that is appealing to children.

      3.  Are regulated and sold on the basis of the concentration of THC in the products and not by weight.

      4.  Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.

      (Added to NRS by 2013, 3714, effective April 1, 2014)

      NRS 453A.362  Requirements concerning storage and removal of medical marijuana. [Effective April 1, 2014.]

      1.  At each medical marijuana establishment, medical marijuana must be stored only in an enclosed, locked facility.

      2.  Except as otherwise provided in subsection 3, at each medical marijuana dispensary, medical marijuana must be stored in a secure, locked device, display case, cabinet or room within the enclosed, locked facility. The secure, locked device, display case, cabinet or room must be protected by a lock or locking mechanism that meets at least the security rating established by Underwriters Laboratories for key locks.

      3.  At a medical marijuana dispensary, medical marijuana may be removed from the secure setting described in subsection 2:

      (a) Only for the purpose of dispensing the marijuana;

      (b) Only immediately before the marijuana is dispensed; and

      (c) Only by a medical marijuana establishment agent who is employed by or volunteers at the dispensary.

      (Added to NRS by 2013, 3712, effective April 1, 2014)

Miscellaneous Provisions

      NRS 453A.364  Recognition of nonresident cards. [Effective April 1, 2014, and through March 31, 2016.]

      1.  The State of Nevada and the medical marijuana dispensaries in this State which hold valid medical marijuana establishment registration certificates will recognize a nonresident card only under the following circumstances:

      (a) The state or jurisdiction from which the holder or bearer obtained the nonresident card grants an exemption from criminal prosecution for the medical use of marijuana;

      (b) The state or jurisdiction from which the holder or bearer obtained the nonresident card requires, as a prerequisite to the issuance of such a card, that a physician advise the person that the medical use of marijuana may mitigate the symptoms or effects of the person’s medical condition;

      (c) The nonresident card has an expiration date and has not yet expired;

      (d) The holder or bearer of the nonresident card signs an affidavit in a form prescribed by the Division which sets forth that the holder or bearer is entitled to engage in the medical use of marijuana in his or her state or jurisdiction of residence; and

      (e) The holder or bearer of the nonresident card agrees to abide by, and does abide by, the legal limits on the possession of marijuana for medical purposes in this State, as set forth in NRS 453A.200.

      2.  For the purposes of the reciprocity described in this section:

      (a) The amount of medical marijuana that the holder or bearer of a nonresident card is entitled to possess in his or her state or jurisdiction of residence is not relevant; and

      (b) Under no circumstances, while in this State, may the holder or bearer of a nonresident card possess marijuana for medical purposes in excess of the limits set forth in NRS 453A.200.

      3.  As used in this section, “nonresident card” means a card or other identification that:

      (a) Is issued by a state or jurisdiction other than Nevada; and

      (b) Is the functional equivalent of a registry identification card, as determined by the Division.

      (Added to NRS by 2013, 3713, effective April 1, 2014)

      NRS 453A.364  Recognition of nonresident cards. [Effective April 1, 2016.]

      1.  The State of Nevada and the medical marijuana dispensaries in this State which hold valid medical marijuana establishment registration certificates will recognize a nonresident card only under the following circumstances:

      (a) The state or jurisdiction from which the holder or bearer obtained the nonresident card grants an exemption from criminal prosecution for the medical use of marijuana;

      (b) The state or jurisdiction from which the holder or bearer obtained the nonresident card requires, as a prerequisite to the issuance of such a card, that a physician advise the person that the medical use of marijuana may mitigate the symptoms or effects of the person’s medical condition;

      (c) The nonresident card has an expiration date and has not yet expired;

      (d) The state or jurisdiction from which the holder or bearer obtained the nonresident card maintains a database which preserves such information as may be necessary to verify the authenticity or validity of the nonresident card;

      (e) The state or jurisdiction from which the holder or bearer obtained the nonresident card allows the Division and medical marijuana dispensaries in this State to access the database described in paragraph (d);

      (f) The Division determines that the database described in paragraph (d) is able to provide to medical marijuana dispensaries in this State information that is sufficiently accurate, current and specific as to allow those dispensaries to verify that a person who holds or bears a nonresident card is entitled lawfully to do so; and

      (g) The holder or bearer of the nonresident card agrees to abide by, and does abide by, the legal limits on the possession of marijuana for medical purposes in this State, as set forth in NRS 453A.200.

      2.  For the purposes of the reciprocity described in this section:

      (a) The amount of medical marijuana that the holder or bearer of a nonresident card is entitled to possess in his or her state or jurisdiction of residence is not relevant; and

      (b) Under no circumstances, while in this State, may the holder or bearer of a nonresident card possess marijuana for medical purposes in excess of the limits set forth in NRS 453A.200.

      3.  As used in this section, “nonresident card” means a card or other identification that:

      (a) Is issued by a state or jurisdiction other than Nevada; and

      (b) Is the functional equivalent of a registry identification card, as determined by the Division.

      (Added to NRS by 2013, 3713; A 2013, 3728, effective April 1, 2016)

      NRS 453A.366  Designation of medical marijuana dispensary. [Effective April 1, 2014.]

      1.  A patient who holds a valid registry identification card and his or her designated primary caregiver, if any, may select one medical marijuana dispensary to serve as his or her designated medical marijuana dispensary at any one time.

      2.  A patient who designates a medical marijuana dispensary as described in subsection 1:

      (a) Shall communicate the designation to the Division within the time specified by the Division.

      (b) May change his or her designation not more than once in a 30-day period.

      (Added to NRS by 2013, 3713, effective April 1, 2014)

      NRS 453A.368  Testing laboratories. [Effective April 1, 2014.]

      1.  The Division shall establish standards for and certify one or more private and independent testing laboratories to test marijuana, edible marijuana products and marijuana-infused products that are to be sold in this State.

      2.  Such an independent testing laboratory must be able to determine accurately, with respect to marijuana, edible marijuana products and marijuana-infused products that are sold or will be sold at medical marijuana dispensaries in this State:

      (a) The concentration therein of THC and cannabidiol.

      (b) Whether the tested material is organic or non-organic.

      (c) The presence and identification of molds and fungus.

      (d) The presence and concentration of fertilizers and other nutrients.

      3.  To obtain certification by the Division on behalf of an independent testing laboratory, an applicant must:

      (a) Apply successfully as required pursuant to NRS 453A.322.

      (b) Pay the fees required pursuant to NRS 453A.344.

      (Added to NRS by 2013, 3714, effective April 1, 2014)

      NRS 453A.370  Regulations. [Effective April 1, 2014.]  The Division shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 453A.320 to 453A.370, inclusive. Such regulations are in addition to any requirements set forth in statute and must, without limitation:

      1.  Prescribe the form and any additional required content of registration and renewal applications submitted pursuant to NRS 453A.322 and 453A.332.

      2.  Set forth rules pertaining to the safe and healthful operation of medical marijuana establishments, including, without limitation:

      (a) The manner of protecting against diversion and theft without imposing an undue burden on medical marijuana establishments or compromising the confidentiality of the holders of registry identification cards.

      (b) Minimum requirements for the oversight of medical marijuana establishments.

      (c) Minimum requirements for the keeping of records by medical marijuana establishments.

      (d) Provisions for the security of medical marijuana establishments, including, without limitation, requirements for the protection by a fully operational security alarm system of each medical marijuana establishment.

      (e) Procedures pursuant to which medical marijuana dispensaries must use the services of an independent testing laboratory to ensure that any marijuana, edible marijuana products and marijuana-infused products sold by the dispensaries to end users are tested for content, quality and potency in accordance with standards established by the Division.

      (f) Procedures pursuant to which a medical marijuana dispensary will be notified by the Division if a patient who holds a valid registry identification card has chosen the dispensary as his or her designated medical marijuana dispensary, as described in NRS 453A.366.

      3.  Establish circumstances and procedures pursuant to which the maximum fees set forth in NRS 453A.344 may be reduced over time:

      (a) To ensure that the fees imposed pursuant to NRS 453A.344 are, insofar as may be practicable, revenue neutral; and

      (b) To reflect gifts and grants received by the Division pursuant to NRS 453A.720.

      4.  Set forth the amount of usable marijuana that a medical marijuana dispensary may dispense to a person who holds a valid registry identification card, or the designated primary caregiver of such a person, in any one 14-day period. Such an amount must not exceed the limits set forth in NRS 453A.200.

      5.  As far as possible while maintaining accountability, protect the identity and personal identifying information of each person who receives, facilitates or delivers services in accordance with this chapter.

      6.  In cooperation with the Board of Medical Examiners and the State Board of Osteopathic Medicine, establish a system to:

      (a) Register and track attending physicians who advise their patients that the medical use of marijuana may mitigate the symptoms or effects of the patient’s medical condition;

      (b) Insofar as is possible, track and quantify the number of times an attending physician described in paragraph (a) makes such an advisement; and

      (c) Provide for the progressive discipline of attending physicians who advise the medical use of marijuana at a rate at which the Division and Board determine and agree to be unreasonably high.

      7.  Establish different categories of medical marijuana establishment agent registration cards, including, without limitation, criteria for training and certification, for each of the different types of medical marijuana establishments at which such an agent may be employed or volunteer.

      8.  Provide for the maintenance of a log by the Division of each person who is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200. The Division shall ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.

      9.  Address such other matters as may assist in implementing the program of dispensation contemplated by NRS 453A.320 to 453A.370, inclusive.

      (Added to NRS by 2013, 3714, effective April 1, 2014)

SEARCH AND SEIZURE

      NRS 453A.400  Possession of registry identification card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged or assisting in medical use of marijuana in accordance with provisions of chapter. [Effective through March 31, 2014.]

      1.  The fact that a person possesses a registry identification card issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250 does not, alone:

      (a) Constitute probable cause to search the person or the person’s property; or

      (b) Subject the person or the person’s property to inspection by any governmental agency.

      2.  Except as otherwise provided in this subsection, if officers of a state or local law enforcement agency seize marijuana, drug paraphernalia or other related property from a person engaged or assisting in the medical use of marijuana:

      (a) The law enforcement agency shall ensure that the marijuana, drug paraphernalia or other related property is not destroyed while in the possession of the law enforcement agency.

      (b) Any property interest of the person from whom the marijuana, drug paraphernalia or other related property was seized must not be forfeited pursuant to any provision of law providing for the forfeiture of property, except as part of a sentence imposed after conviction of a criminal offense.

      (c) Upon a determination by the district attorney of the county in which the marijuana, drug paraphernalia or other related property was seized, or the district attorney’s designee, that the person from whom the marijuana, drug paraphernalia or other related property was seized is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter, the law enforcement agency shall immediately return to that person any usable marijuana, marijuana plants, drug paraphernalia or other related property that was seized.

Ê The provisions of this subsection do not require a law enforcement agency to care for live marijuana plants.

      3.  For the purposes of paragraph (c) of subsection 2, the determination of a district attorney or the district attorney’s designee that a person is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter shall be deemed to be evidenced by:

      (a) A decision not to prosecute;

      (b) The dismissal of charges; or

      (c) Acquittal.

      (Added to NRS by 2001, 3062; A 2009, 625)

      NRS 453A.400  Possession of registry identification card, registration certificate or registration card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged in, facilitating or assisting in medical use of marijuana in accordance with provisions of chapter. [Effective April 1, 2014.]

      1.  The fact that a person possesses a registry identification card issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250, a medical marijuana establishment registration certificate issued to the person by the Division or its designee pursuant to NRS 453A.322 or a medical marijuana establishment agent registration card issued to the person by the Division or its designee pursuant to NRS 453A.332 does not, alone:

      (a) Constitute probable cause to search the person or the person’s property; or

      (b) Subject the person or the person’s property to inspection by any governmental agency.

      2.  Except as otherwise provided in this subsection, if officers of a state or local law enforcement agency seize marijuana, paraphernalia or other related property from a person engaged in, facilitating or assisting in the medical use of marijuana:

      (a) The law enforcement agency shall ensure that the marijuana, paraphernalia or other related property is not destroyed while in the possession of the law enforcement agency.

      (b) Any property interest of the person from whom the marijuana, paraphernalia or other related property was seized must not be forfeited pursuant to any provision of law providing for the forfeiture of property, except as part of a sentence imposed after conviction of a criminal offense.

      (c) Upon a determination by the district attorney of the county in which the marijuana, paraphernalia or other related property was seized, or the district attorney’s designee, that the person from whom the marijuana, paraphernalia or other related property was seized is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter, the law enforcement agency shall immediately return to that person any usable marijuana, marijuana plants, paraphernalia or other related property that was seized.

Ê The provisions of this subsection do not require a law enforcement agency to care for live marijuana plants.

      3.  For the purposes of paragraph (c) of subsection 2, the determination of a district attorney or the district attorney’s designee that a person is engaging in or assisting in the medical use of marijuana in accordance with the provisions of this chapter shall be deemed to be evidenced by:

      (a) A decision not to prosecute;

      (b) The dismissal of charges; or

      (c) Acquittal.

      (Added to NRS by 2001, 3062; A 2009, 625; 2013, 3724, effective April 1, 2014)

      NRS 453A.410  Forfeiture of assets seized. [Effective April 1, 2014.]

      1.  If a law enforcement agency legally and justly seizes evidence from a medical marijuana establishment on a basis that, in consideration of due process and viewed in the manner most favorable to the establishment, would lead a reasonable person to believe that a crime has been committed, the relevant provisions of NRS 179.1156 to 179.121, inclusive, apply insofar as they do not conflict with the provisions of this chapter.

      2.  As used in this section, “law enforcement agency” has the meaning ascribed to it in NRS 239C.065.

      (Added to NRS by 2013, 3714, effective April 1, 2014)

ACTIONS OF PROFESSIONAL LICENSING BOARDS

      NRS 453A.500  Board of Medical Examiners and State Board of Osteopathic Medicine prohibited from taking disciplinary action against attending physician on basis of physician’s participation in certain activities in accordance with chapter.  The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall not take any disciplinary action against an attending physician on the basis that the attending physician:

      1.  Advised a person whom the attending physician has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending physician knows has been so diagnosed by another physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS or licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS:

      (a) About the possible risks and benefits of the medical use of marijuana; or

      (b) That the medical use of marijuana may mitigate the symptoms or effects of the person’s chronic or debilitating medical condition,

Ê if the advice is based on the attending physician’s personal assessment of the person’s medical history and current medical condition.

      2.  Provided the written documentation required pursuant to paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a registry identification card or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 453A.230 for the renewal of a registry identification card, if:

      (a) Such documentation is based on the attending physician’s personal assessment of the person’s medical history and current medical condition; and

      (b) The physician has advised the person about the possible risks and benefits of the medical use of marijuana.

      (Added to NRS by 2001, 3063; A 2003, 1180, 1434)

      NRS 453A.510  Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with chapter.  A professional licensing board shall not take any disciplinary action against a person licensed by the board on the basis that:

      1.  The person engages in or has engaged in the medical use of marijuana in accordance with the provisions of this chapter; or

      2.  The person acts as or has acted as the designated primary caregiver of a person who holds a registry identification card issued to him or her pursuant to paragraph (a) of subsection 1 of NRS 453A.220.

      (Added to NRS by 2001, 3063)

RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

      NRS 453A.600  Program for evaluation and research of medical use of marijuana: Establishment by University of Nevada School of Medicine; federal approval; participants and subjects; quarterly report to Interim Finance Committee.

      1.  The University of Nevada School of Medicine shall establish a program for the evaluation and research of the medical use of marijuana in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition.

      2.  Before the School of Medicine establishes a program pursuant to subsection 1, the School of Medicine shall aggressively seek and must receive approval of the program by the Federal Government pursuant to 21 U.S.C. § 823 or other applicable provisions of federal law, to allow the creation of a federally approved research program for the use and distribution of marijuana for medical purposes.

      3.  A research program established pursuant to this section must include residents of this state who volunteer to act as participants and subjects, as determined by the School of Medicine.

      4.  A resident of this state who wishes to serve as a participant and subject in a research program established pursuant to this section may notify the School of Medicine and may apply to participate by submitting an application on a form prescribed by the Department of Administration of the School of Medicine.

      5.  The School of Medicine shall, on a quarterly basis, report to the Interim Finance Committee with respect to:

      (a) The progress made by the School of Medicine in obtaining federal approval for the research program; and

      (b) If the research program receives federal approval, the status of, activities of and information received from the research program.

      (Added to NRS by 2001, 3064)

      NRS 453A.610  Program for evaluation and research of medical use of marijuana: Duties of University of Nevada School of Medicine concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

      1.  Except as otherwise provided in this section and NRS 239.0115, the University of Nevada School of Medicine shall maintain the confidentiality of and shall not disclose:

      (a) The contents of any applications, records or other written materials that the School of Medicine creates or receives pursuant to the research program described in NRS 453A.600; or

      (b) The name or any other identifying information of a person who has applied to or who participates in the research program described in NRS 453A.600.

Ê Except as otherwise provided in NRS 239.0115, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      2.  Notwithstanding the provisions of subsection 1, the School of Medicine may release the name and other identifying information of a person who has applied to or who participates in the research program described in NRS 453A.600 to:

      (a) Authorized employees of the State of Nevada as necessary to perform official duties related to the research program; and

      (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is a lawful participant in the research program.

      (Added to NRS by 2001, 3064; A 2007, 2111)

      NRS 453A.620  Program for evaluation and research of medical use of marijuana: Authority of Department of Administration of University of Nevada School of Medicine concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

      1.  The Department of Administration of the University of Nevada School of Medicine may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 453A.600.

      2.  Any money the Department of Administration receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 453A.630.

      (Added to NRS by 2001, 3065)

      NRS 453A.630  Program for evaluation and research of medical use of marijuana: Deposit, use and disposition of money; Department of Administration of University of Nevada School of Medicine to administer account.

      1.  Any money the Department of Administration of the University of Nevada School of Medicine receives pursuant to NRS 453A.620 or that is appropriated to carry out the provisions of NRS 453A.600:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;

      (b) May only be used to carry out the provisions of NRS 453A.600, including the dissemination of information concerning the provisions of that section and such other information as is determined appropriate by the Department of Administration; and

      (c) Does not revert to the State General Fund at the end of any fiscal year.

      2.  The Department of Administration of the School of Medicine shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      (Added to NRS by 2001, 3065)

MISCELLANEOUS PROVISIONS

      NRS 453A.700  Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

      1.  Except as otherwise provided in this section, NRS 239.0115 and subsection 4 of NRS 453A.210, the Division and any designee of the Division shall maintain the confidentiality of and shall not disclose:

      (a) The contents of any applications, records or other written documentation that the Division or its designee creates or receives pursuant to the provisions of this chapter; or

      (b) The name or any other identifying information of:

             (1) An attending physician; or

             (2) A person who has applied for or to whom the Division or its designee has issued a registry identification card.

Ê Except as otherwise provided in NRS 239.0115, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      2.  Notwithstanding the provisions of subsection 1, the Division or its designee may release the name and other identifying information of a person to whom the Division or its designee has issued a registry identification card to:

      (a) Authorized employees of the Division or its designee as necessary to perform official duties of the Division; and

      (b) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card issued to him or her pursuant to NRS 453A.220 or 453A.250.

      (Added to NRS by 2001, 3063; A 2007, 2112; 2009, 626)

      NRS 453A.710  Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations.

      1.  A person may submit to the Division a petition requesting that a particular disease or condition be included among the diseases and conditions that qualify as chronic or debilitating medical conditions pursuant to NRS 453A.050.

      2.  The Division shall adopt regulations setting forth the manner in which the Division will accept and evaluate petitions submitted pursuant to this section. The regulations must provide, without limitation, that:

      (a) The Division will approve or deny a petition within 180 days after the Division receives the petition; and

      (b) The decision of the Division to deny a petition is a final decision for the purposes of judicial review.

      (Added to NRS by 2001, 3064; A 2009, 626)

      NRS 453A.720  Authority of the Administrator of the Division concerning gifts, grants, donations and contributions; deposit of money in State Treasury.

      1.  The Administrator of the Division may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of this chapter.

      2.  Any money the Administrator receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 453A.730.

      (Added to NRS by 2001, 3065; A 2009, 626)

      NRS 453A.730  Deposit, use and disposition of money; administration of account.

      1.  Any money the Administrator of the Division receives pursuant to NRS 453A.720 or that is appropriated to carry out the provisions of this chapter:

      (a) Must be deposited in the State Treasury and accounted for separately in the State General Fund;

      (b) May only be used to carry out:

             (1) The provisions of this chapter, including the dissemination of information concerning the provisions of this chapter and such other information as determined appropriate by the Administrator; and

             (2) Alcohol and drug abuse programs pursuant to NRS 458.094; and

      (c) Does not revert to the State General Fund at the end of any fiscal year.

      2.  The Administrator of the Division shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

      (Added to NRS by 2001, 3066; A 2009, 627; 2011, 2853; 2013, 3062)

      NRS 453A.740  Regulations; fees. [Effective through March 31, 2014.]  The Administrator of the Division shall adopt such regulations as the Administrator determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:

      1.  Procedures pursuant to which the Division will, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the Division will:

      (a) Issue a registry identification card to a qualified person after the card has been prepared by the Department of Motor Vehicles; or

      (b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if:

             (1) The person presents to the Department of Motor Vehicles valid documentation issued by the Division indicating that the Division has approved the issuance of a registry identification card to the person; and

             (2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the Division has approved the issuance of a registry identification card to the person.

      2.  Criteria for determining whether a marijuana plant is a mature marijuana plant or an immature marijuana plant.

      3.  Fees for:

      (a) Providing to an applicant an application for a registry identification card, which fee must not exceed $50; and

      (b) Processing and issuing a registry identification card, which fee must not exceed $150.

      (Added to NRS by 2001, 3066; A 2003, 1434; 2009, 627)

      NRS 453A.740  Regulations; fees. [Effective April 1, 2014.]  The Administrator of the Division shall adopt such regulations as the Administrator determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:

      1.  Procedures pursuant to which the Division will, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the Division will:

      (a) Issue a registry identification card to a qualified person after the card has been prepared by the Department of Motor Vehicles; or

      (b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if:

             (1) The person presents to the Department of Motor Vehicles valid documentation issued by the Division indicating that the Division has approved the issuance of a registry identification card to the person; and

             (2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the Division has approved the issuance of a registry identification card to the person.

      2.  Fees for:

      (a) Providing to an applicant an application for a registry identification card, which fee must not exceed $25; and

      (b) Processing and issuing a registry identification card, which fee must not exceed $75.

      (Added to NRS by 2001, 3066; A 2003, 1434; 2009, 627; 2013, 3725, effective April 1, 2014)

      NRS 453A.800  Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be accommodated in workplace. [Effective through March 31, 2014.]  The provisions of this chapter do not:

      1.  Require an insurer, organization for managed care or any person or entity who provides coverage for a medical or health care service to pay for or reimburse a person for costs associated with the medical use of marijuana.

      2.  Require any employer to accommodate the medical use of marijuana in the workplace.

      (Added to NRS by 2001, 3065)

      NRS 453A.800  Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be allowed in workplace; medical needs of employee who engages in medical use of marijuana to be accommodated by employer in certain circumstances. [Effective April 1, 2014.]  The provisions of this chapter do not:

      1.  Require an insurer, organization for managed care or any person or entity who provides coverage for a medical or health care service to pay for or reimburse a person for costs associated with the medical use of marijuana.

      2.  Require any employer to allow the medical use of marijuana in the workplace.

      3.  Require an employer to modify the job or working conditions of a person who engages in the medical use of marijuana that are based upon the reasonable business purposes of the employer but the employer must attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not:

      (a) Pose a threat of harm or danger to persons or property or impose an undue hardship on the employer; or

      (b) Prohibit the employee from fulfilling any and all of his or her job responsibilities.

      (Added to NRS by 2001, 3065; A 2013, 3726, effective April 1, 2014)

      NRS 453A.810  State not responsible for deleterious outcomes.  The State must not be held responsible for any deleterious outcomes from the medical use of marijuana by any person.

      (Added to NRS by 2001, 3066)