[Rev. 12/21/2019 2:34:51 PM--2019]

CHAPTER 557 - HEMP

GROWING AND CULTIVATION OF INDUSTRIAL HEMP FOR AGRICULTURAL OR ACADEMIC RESEARCH

NRS 557.010           Definitions. [Repealed.]

NRS 557.020           “Agricultural pilot program” defined. [Repealed.]

NRS 557.030           “Department” defined. [Repealed.]

NRS 557.040           “Industrial hemp” defined. [Repealed.]

NRS 557.050           “Institution of higher education” defined. [Repealed.]

NRS 557.060           “THC” defined. [Repealed.]

NRS 557.070           Growing and cultivation of industrial hemp for certain purposes; certification and registration of site. [Repealed.]

NRS 557.080           Regulations. [Repealed.]

GROWERS, HANDLERS AND PRODUCERS OF HEMP

NRS 557.100           Definitions.

NRS 557.110           “Agricultural hemp seed” defined.

NRS 557.120           “Crop” defined.

NRS 557.130           “Department” defined.

NRS 557.140           “Grower” defined.

NRS 557.150           “Handler” defined.

NRS 557.160           “Hemp” defined.

NRS 557.170           “Producer” defined.

NRS 557.180           “THC” defined. [Effective through June 30, 2020.]

NRS 557.180           “THC” defined. [Effective July 1, 2020.]

NRS 557.190           Applicability.

NRS 557.200           Registration as grower, handler or producer; submission of application; establishment of provisions for transfer of registration and fees by regulation.

NRS 557.205           Registration of site used for growing, handling or producing hemp.

NRS 557.210           Payment of child support: Statement by applicant for registration or renewal of registration; grounds for denial. [Effective 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 557.220           Suspension of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [Effective 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 557.225           Petition to review criminal history to obtain license; requirements; fee; report.

NRS 557.230           Renewal of registration: Additional requirements.

NRS 557.240           Retention of records by grower or handler; inspection of records; inspection and analysis of growing crop; plan for disposal of crop; land and crop management practices.

NRS 557.250           Grower to provide legal description of property on which crop is to be located; authorized methods for production of hemp; retention of hemp seed for certain purposes.

NRS 557.260           Regulations; compliance by producer with certain requirements; requirements for agricultural hemp seed.

NRS 557.270           Requirements for submission of hemp for testing; adoption of regulations relating to testing; failing testing; retesting. [Effective through June 30, 2020.]

NRS 557.270           Requirements for submission of hemp for testing; adoption of regulations relating to testing; failing testing; retesting. [Effective July 1, 2020.]

NRS 557.280           Authorized actions by Department for certain violations of law, regulations or orders.

NRS 557.290           Penalties for failure to register.

_________

GROWING AND CULTIVATION OF INDUSTRIAL HEMP FOR AGRICULTURAL OR ACADEMIC RESEARCH

      NRS 557.010  Definitions.  Repealed. (See chapter 414, Statutes of Nevada 2019, at page 2593.)

 

      NRS 557.020  “Agricultural pilot program” defined.  Repealed. (See chapter 414, Statutes of Nevada 2019, at page 2593.)

 

      NRS 557.030  “Department” defined.  Repealed. (See chapter 414, Statutes of Nevada 2019, at page 2593.)

 

      NRS 557.040  “Industrial hemp” defined.  Repealed. (See chapter 414, Statutes of Nevada 2019, at page 2593.)

 

      NRS 557.050  “Institution of higher education” defined.  Repealed. (See chapter 414, Statutes of Nevada 2019, at page 2593.)

 

      NRS 557.060  “THC” defined.  Repealed. (See chapter 414, Statutes of Nevada 2019, at page 2593.)

 

      NRS 557.070  Growing and cultivation of industrial hemp for certain purposes; certification and registration of site.  Repealed. (See chapter 414, Statutes of Nevada 2019, at page 2593.)

 

      NRS 557.080  Regulations.  Repealed. (See chapter 414, Statutes of Nevada 2019, at page 2593.)

 

GROWERS, HANDLERS AND PRODUCERS OF HEMP

      NRS 557.100  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 557.110 to 557.180, inclusive, have the meanings ascribed to them in those sections.

      (Add to NRS by 2017, 1343; A 2019, 2583, 2949)

      NRS 557.110  “Agricultural hemp seed” defined.  “Agricultural hemp seed” means the seed of any plant of the genus Cannabis that:

      1.  Is sold to or intended to be sold to a grower for planting; or

      2.  Remains in an unprocessed or partially processed condition that is capable of germination.

      (Added to NRS by 2017, 1343)

      NRS 557.120  “Crop” defined.  “Crop” means all hemp grown by a grower.

      (Added to NRS by 2017, 1343; A 2019, 2352, 2583)

      NRS 557.130  “Department” defined.  “Department” means the State Department of Agriculture.

      (Added to NRS by 2017, 1344)

      NRS 557.140  “Grower” defined.  “Grower” means a person who is registered by the Department and produces hemp.

      (Added to NRS by 2017, 1344; A 2019, 2352, 2583)

      NRS 557.150  “Handler” defined.  “Handler” means a person who is registered by the Department pursuant to this chapter and handles hemp for processing into commodities, products or agricultural hemp seed.

      (Added to NRS by 2017, 1344; A 2019, 2352, 2583)

      NRS 557.160  “Hemp” defined.

      1.  “Hemp” means any plant of the genus Cannabis sativa L. and any part of such a plant, including, without limitation, the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp.

      2.  “Hemp” does not include any commodity or product made using hemp.

      (Added to NRS by 2017, 1344; A 2019, 2352, 2583)

      NRS 557.170  “Producer” defined.  “Producer” means a person who is registered by the Department pursuant to this chapter and produces agricultural hemp seed.

      (Added to NRS by 2017, 1344; A 2019, 2583)

      NRS 557.180  “THC” defined. [Effective through June 30, 2020.]  “THC” has the meaning ascribed to it in NRS 453A.155.

      (Added to NRS by 2017, 1344)

      NRS 557.180  “THC” defined. [Effective July 1, 2020.]  “THC” has the meaning ascribed to it in NRS 453.139.

      (Added to NRS by 2017, 1344; A 2019, 3883, effective July 1, 2020)

      NRS 557.190  Applicability.  The provisions of this chapter do not apply to:

      1.  A person who purchases, for the purpose of resale, hemp or a commodity or product made using hemp which was not grown or processed by the person; or

      2.  A person who transports hemp or a commodity or product made using hemp which was not grown or processed by the person,

Ê if such a person reasonably believes the hemp or commodity or product made using hemp was grown or processed in compliance with the provisions of this chapter.

      (Added to NRS by 2017, 1344; A 2019, 2583, 2949)

      NRS 557.200  Registration as grower, handler or producer; submission of application; establishment of provisions for transfer of registration and fees by regulation.

      1.  A person shall not grow or handle hemp or produce agricultural hemp seed unless the person is registered with the Department as a grower, handler or producer, as applicable.

      2.  A person who wishes to grow or handle hemp must register with the Department as a grower or handler, as applicable.

      3.  A person who wishes to produce agricultural hemp seed must register with the Department as a producer unless the person is:

      (a) A grower registered pursuant to subsection 2 who retains agricultural hemp seed solely pursuant to subsection 3 of NRS 557.250; or

      (b) A grower or handler registered pursuant to subsection 2 who processes seeds of any plant of the genus Cannabis which are incapable of germination into commodities or products.

Ê A person may not register as a producer unless the person is also registered as a grower or handler.

      4.  A person who wishes to register with the Department as a grower, handler or producer must submit to the Department the fee established pursuant to subsection 8 and an application, on a form prescribed by the Department, which includes:

      (a) The name and address of the applicant;

      (b) The name and address of the applicant’s business in which hemp or agricultural hemp seed will be grown, handled or produced, if different than that of the applicant;

      (c) Information concerning the land and crop management practices of the applicant; and

      (d) Such other information as the Department may require by regulation.

      5.  Registration as a grower, handler or producer expires on December 31 of each year and may be renewed upon submission of an application for renewal containing:

      (a) Proof satisfactory to the Department that the applicant complied with the provisions of this chapter and the regulations adopted pursuant thereto relating to testing of hemp;

      (b) Proof satisfactory to the Department that the land and crop management practices of the applicant are adequate, consistent with any previous information submitted to the Department and do not negatively affect natural resources; and

      (c) Such other information as the Department may require by regulation.

      6.  A grower, handler or producer who intends to surrender or not renew a registration must notify the Department not less than 30 days before the registration is surrendered or expires and submit to the Department a plan for the effective disposal or eradication of any existing live plants, viable seed or harvested crop.

      7.  The Department shall adopt regulations that authorize the transfer of a registration as a grower, handler or producer and establish conditions for such a transfer. The regulations must include, without limitation, provisions which allow a grower, handler or producer which changes its business name or the ownership of the grower, handler or producer to transfer its registration to the new entity.

      8.  The Department shall establish by regulation fees for the issuance and renewal of registration as a grower, handler or producer and for any other service performed by the Department in an amount necessary to cover the costs of carrying out this chapter.

      (Added to NRS by 2017, 1344; A 2019, 2352, 2584)

      NRS 557.205  Registration of site used for growing, handling or producing hemp.  Each site used for growing, handling or producing hemp in this State must be certified by and registered with the Department before growing, handling or producing hemp.

      (Added to NRS by 2019, 2583)

      NRS 557.210  Payment of child support: Statement by applicant for registration or renewal of registration; grounds for denial. [Effective 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 registration or the renewal of a registration as a grower, handler or producer shall:

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

      (b) Submit to the Department 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 Department 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 registration; or

      (b) A separate form prescribed by the Department.

      3.  Registration as a grower, handler or producer may not be issued or renewed by the Department 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 Department 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 2017, 1345; A 2019, 2585)

      NRS 557.220  Suspension of registration for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration. [Effective 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 Department 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 registered as a grower, handler or producer, the Department shall deem the registration 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 Department receives a letter issued to the registrant by the district attorney or other public agency pursuant to NRS 425.550 stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Department shall reinstate the registration of a grower, handler or producer that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 2017, 1345)

      NRS 557.225  Petition to review criminal history to obtain license; requirements; fee; report.

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from registering as a grower, handler or producer pursuant to NRS 557.200.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from registration. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to register with the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      (Added to NRS by 2019, 2948)

      NRS 557.230  Renewal of registration: Additional requirements.

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of a registration as a grower, handler or producer must indicate in the application submitted to the Department whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Registration as a grower, handler or producer may not be renewed by the Department if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Department pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      (Added to NRS by 2017, 1346; A 2019, 2585)

      NRS 557.240  Retention of records by grower or handler; inspection of records; inspection and analysis of growing crop; plan for disposal of crop; land and crop management practices.

      1.  A grower or handler shall keep and maintain for a period of not less than 3 years such records as the Department may prescribe by regulation and, upon 3 days’ notice, make such records available to the Department for inspection during normal business hours. The Department may inspect records pursuant to this subsection to determine whether a person has complied with the provisions of this chapter, the regulations adopted pursuant thereto and any lawful order of the Department.

      2.  The Department may inspect any growing crop of a grower and take a representative sample for analysis in the field. If the testing of such a sample in the field determines that the crop contains a THC concentration that exceeds the maximum THC concentration established by federal law for hemp:

      (a) The Department may detain, seize or embargo the crop; and

      (b) The grower shall submit a plan for the effective disposal of the crop to the Department for its approval.

      3.  If a grower fails to submit an approved plan to the Department pursuant to paragraph (b) of subsection 2 or fails to follow the provisions of such a plan, the Department may:

      (a) Impose any additional requirement it determines necessary upon the grower;

      (b) Suspend or revoke the registration of the grower;

      (c) Impose an administrative fine pursuant to NRS 557.280 on the grower;

      (d) Report the grower to the appropriate local law enforcement agency for investigation of a violation of the provisions of chapter 453 of NRS.

      4.  If the Department determines that the land or crop management practices of a grower, handler or producer are inadequate, inconsistent with the information concerning such practices submitted to the Department pursuant to NRS 557.200 or negatively affect natural resources, the Department may impose an administrative fine pursuant to NRS 557.280.

      (Added to NRS by 2017, 1346; A 2019, 2586)

      NRS 557.250  Grower to provide legal description of property on which crop is to be located; authorized methods for production of hemp; retention of hemp seed for certain purposes.

      1.  Each grower shall provide the Department with a legal description of and additional information to identify the property on which the crop of the grower is or will be located. Such additional information must be in a manner prescribed by the Department and include, without limitation, global positioning system coordinates.

      2.  A grower may use any method for the propagation of hemp to produce hemp, including, without limitation, planting seeds or starts, using clones or cuttings or cultivating hemp in a greenhouse.

      3.  A grower may retain agricultural hemp seed for the purpose of propagating hemp in future years.

      (Added to NRS by 2017, 1346; A 2019, 2353, 2586)

      NRS 557.260  Regulations; compliance by producer with certain requirements; requirements for agricultural hemp seed.

      1.  The Department may adopt regulations necessary to:

      (a)  Establish quality standards and requirements for the packaging and labeling of agricultural hemp seed;

      (b) Provide for the certification and registration of sites used for growing, producing or handling hemp; and

      (c) Comply with any requirement imposed by the United States Department of Agriculture, including, without limitation, any requirement related to reporting information regarding growers, handlers and producers.

      2.  A producer shall comply with:

      (a) Any regulation adopted by the Department pursuant to subsection 1; and

      (b) The provisions of NRS 587.015 to 587.123, inclusive, and any regulations adopted pursuant thereto.

      3.  Any agricultural hemp seed which is obtained by a grower and was produced:

      (a) In this State must be produced by a producer; and

      (b) In another state must be produced by a person who is registered and approved to produce and sell agricultural hemp seed pursuant to the laws of that state.

      4.  The Department shall provide adequate information to growers to identify producers from which a grower may purchase agricultural hemp seed.

      5.  A handler may only obtain hemp from a grower and agricultural hemp seed for cleaning and future propagation from a producer.

      (Added to NRS by 2017, 1347; A 2019, 2587)

      NRS 557.270  Requirements for submission of hemp for testing; adoption of regulations relating to testing; failing testing; retesting. [Effective through June 30, 2020.]

      1.  A grower, handler or producer may submit hemp or a commodity or product made using hemp, other than a commodity or product which is intended for human consumption, to an independent testing laboratory for testing pursuant to this section and an independent testing laboratory may perform such testing.

      2.  A grower or producer shall, before harvesting, submit a sample of each crop to the Department or an independent testing laboratory approved by the Department to determine whether the crop has a THC concentration that exceeds the maximum THC concentration established by federal law for hemp. The Department may adopt regulations relating to such testing which include, without limitation:

      (a) Protocols and procedures for the testing of a crop, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing; and

      (b) A requirement that a laboratory provide the results of the testing directly to the Department in a manner prescribed by the Department.

      3.  A crop which is harvested before the testing required by subsection 2 is completed shall be deemed to have failed the testing and may be detained, seized or embargoed by the Department. The Department shall not renew the registration of a grower or producer who harvests a crop before the testing required by subsection 2 is completed.

      4.  Except as otherwise provided in subsection 3 and by federal law, a grower or producer whose crop fails a test prescribed by the Department pursuant to this section may submit that same crop for retesting. The Department shall adopt regulations establishing protocols and procedures for such retesting.

      5.  As used in this section, “independent testing laboratory” means a facility certified as an independent testing laboratory pursuant to NRS 453A.368.

      (Added to NRS by 2017, 1347; A 2019, 2353, 2587)

      NRS 557.270  Requirements for submission of hemp for testing; adoption of regulations relating to testing; failing testing; retesting. [Effective July 1, 2020.]

      1.  A grower, handler or producer may submit hemp or a commodity or product made using hemp, other than a commodity or product described in subsection 1 of NRS 439.532, to a cannabis independent testing laboratory for testing pursuant to this section and a cannabis independent testing laboratory may perform such testing.

      2.  A grower or producer shall, before harvesting, submit a sample of each crop to the Department or a cannabis independent testing laboratory approved by the Department to determine whether the crop has a THC concentration that exceeds the maximum THC concentration established by federal law for hemp. The Department may adopt regulations relating to such testing which include, without limitation:

      (a) Protocols and procedures for the testing of a crop, including, without limitation, determining appropriate standards for sampling and for the size of batches for testing; and

      (b) A requirement that a cannabis independent testing laboratory provide the results of the testing directly to the Department in a manner prescribed by the Department.

      3.  A crop which is harvested before the testing required by subsection 2 is completed shall be deemed to have failed the testing and may be detained, seized or embargoed by the Department. The Department shall not renew the registration of a grower or producer who harvests a crop before the testing required by subsection 2 is completed.

      4.  Except as otherwise provided in subsection 3 and by federal law, a grower or producer whose crop fails a test prescribed by the Department pursuant to this section may submit that same crop for retesting. The Department shall adopt regulations establishing protocols and procedures for such retesting.

      5.  As used in this section, “cannabis independent testing laboratory” has the meaning ascribed to it in NRS 678A.115.

      (Added to NRS by 2017, 1347; A 2019, 2353, 2587, 3883, effective July 1, 2020)

      NRS 557.280  Authorized actions by Department for certain violations of law, regulations or orders.

      1.  The Department may refuse to issue or renew, suspend or revoke the registration of a grower, handler or producer for a violation of any provision of this chapter, the regulations adopted pursuant thereto or any lawful order of the Department.

      2.  The Department shall impose an administrative fine in an amount not to exceed $2,500 on any person who fails to comply with the provisions of subsection 6 of NRS 557.200.

      3.  Except as otherwise provided in subsection 2 and in addition to any other penalty provided by law, the Department may impose an administrative fine on any person who violates any of the provisions of this chapter, the regulations adopted pursuant thereto or any lawful order of the Department in an amount not to exceed $2,500.

      4.  All fines collected by the Department pursuant to subsections 2 and 3 must be deposited with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 2017, 1348; A 2019, 2588, 2949)

      NRS 557.290  Penalties for failure to register.  If a person grows or handles hemp or produces agricultural hemp seed without being registered with the Department pursuant to NRS 557.200, the Department shall:

      1.  Impose an administrative fine pursuant to NRS 557.280 on the person; and

      2.  Report the person to the appropriate local law enforcement agency for investigation of a violation of the provisions of chapter 453 of NRS.

      (Added to NRS by 2017, 1348; A 2019, 2354, 2588)