NAC: CHAPTER 678D - ADULT-USE CANNABIS DISTRIBUTORS AND CANNABIS CONSUMPTION LOUNGES

[Rev. 6/3/2026 1:49:29 PM]

CHAPTER 678D - ADULT-USE CANNABIS DISTRIBUTORS AND CANNABIS CONSUMPTION LOUNGES

[NAC-678D Revised Date: 4-26]

ADULT-USE CANNABIS DISTRIBUTORS

678D.010 Authorized and prohibited activities; requirements for transportation of cannabis and cannabis products.

678D.020 Duties of adult-use cannabis distributor delivering cannabis or cannabis products; transportation manifest; duties of originating cannabis establishment and receiving cannabis establishment; maintenance of records.

678D.030 Storage area for cannabis and cannabis products; documentation of stored cannabis or cannabis products in seed-to-sale tracking system; verification of inventory; inspection by Board.

678D.040 Amount of cannabis or cannabis products that may be transported by distributor; transportation by cannabis establishment agent; requirements and restrictions on transportation by vehicle.

678D.050 Transportation between cannabis establishments owned by adult-use cannabis distributor; use of motor vehicles for transportation of cannabis or cannabis products by distributor or cannabis independent testing laboratory; adequate care for perishable cannabis products.

678D.060 Transportation between multiple cannabis establishments; requirements for drivers used by adult-use cannabis distributor; hours and locations of transportation; reporting of irregularities, motor vehicle crash or break down of motor vehicle; use of seed-to-sale tracking system.

678D.070 Transportation by cannabis cultivation facility, cannabis production facility, cannabis independent testing laboratory or cannabis sales facility; applicability of provisions relating to distributors.

678D.080 Transportation by cannabis establishment to cannabis sales facility.

CANNABIS CONSUMPTION LOUNGES

678D.200 Operation during designated hours required; posting of hours of operation; prohibition on conducting sales one half hour before closing.

678D.210 Duties of cannabis establishment agent before allowing access to lounge or sale to consumer.

678D.220 Valid proof of identification of age of consumer required.

678D.230 Prohibition on a single sale that exceeds certain amounts.

678D.240 Products required to be offered for sale; restrictions on sale of other products; prohibition on removal of cannabis products from lounge; communication with consumer; prohibition on recommending products to persons who are pregnant or breastfeeding.

678D.250 Prohibition on use or sale of alcohol, tobacco and nicotine products.

678D.260 Storage and location of products; disclosure of cannabis independent testing laboratory performing quality assurance tests upon request of consumer; approved sources of products for sale; maintenance and availability of certificate of analysis.

678D.270 Compliance with laws and regulations relating to food preparation; certification of certain employees; maintenance of logs concerning illnesses; reporting of communicable illnesses.

678D.280 Requirements for preparation and sale of ready-to-consume cannabis products.

678D.290 Sanitation and cleaning frequency of surfaces, utensils and devices.

678D.300 Reporting of medical incidents.

678D.310 Required training of employees; creation of plans to address certain scenarios.

678D.320 Development of plan to mitigate risk of impaired driving; adoption of certain practices as part of plan; updating of plan.

678D.330 Ventilation plan required; requirements for plan; waiver by submission of alternative ventilation plan.

678D.340 Indoor smoking or inhalation required to be confined to separate room; creation of protocols and standards to minimize exposure to secondhand smoke.

678D.350 Requirements concerning visibility of consumption; conditions for outdoor consumption area.

678D.360 Required notices, warnings and signs.

678D.370 Unconsumed cannabis and cannabis products: Removal from premises by consumer prohibited; destruction required; submission of plan by retail cannabis consumption lounge.

678D.380 Water required to be provided to consumers.

678D.390 State and local public health regulatory agencies may require permits or conduct inspections.

678D.400 Temporary closure of lounge by Board or head of local law enforcement agency.

ADULT-USE CANNABIS DISTRIBUTORS

NAC 678D.010 Authorized and prohibited activities; requirements for transportation of cannabis and cannabis products. (NRS 678A.450, 678B.650, 678D.440, 678D.500)

1. An adult-use cannabis distributor may transport cannabis and cannabis products between a cannabis establishment and another cannabis establishment or between the buildings of a cannabis establishment.

2. A cannabis establishment shall not transport cannabis or cannabis products to a cannabis sales facility and an independent cannabis consumption lounge unless the cannabis establishment holds a license for an adult-use cannabis distributor.

3. An adult-use cannabis distributor shall not purchase or sell cannabis or cannabis products, or deliver cannabis or cannabis products to a consumer under their distribution license.

4. An adult-use cannabis distributor may enter into an agreement or contract with a cannabis establishment for the transport of cannabis or cannabis products. Such an agreement or contract may include, without limitation, provisions relating to insurance coverage, climate control and theft by a third party or an employee.

5. An adult-use cannabis distributor, and each cannabis establishment agent employed by the adult-use cannabis distributor who is involved in the transportation, is responsible for cannabis and cannabis products once the adult-use cannabis distributor takes control of the cannabis or cannabis products and leaves the premises of a cannabis establishment.

6. An adult-use cannabis distributor shall not allow a cannabis establishment agent to transport cannabis or cannabis products unless:

(a) The cannabis establishment agent carries a copy, for the duration of the transportation, of the transportation manifest generated using the seed-to-sale tracking system pursuant to NAC 678D.020 for the transportation;

(b) Each cannabis establishment agent involved in the transportation has, in his or her immediate possession, his or her cannabis establishment agent registration card or verification of temporary authorization;

(c) The cannabis or cannabis products are stored in a sanitary and secure manner in a lockbox or locked cargo area within the vehicle being used for delivery and not visible from outside the vehicle;

(d) The vehicle being used for delivery has no advertising, signage or other markings relating to cannabis; and

(e) The cannabis establishment agent transporting cannabis or cannabis products for the adult-use cannabis distributor on behalf of a cannabis establishment has a means of communicating with the cannabis establishment.

7. Each cannabis establishment agent transporting cannabis or cannabis products for an adult-use cannabis distributor must:

(a) Report to a person designated by the adult-use cannabis distributor to receive such reports and to the Board any motor vehicle crash that occurs during the transportation within 2 hours after the crash occurs;

(b) Report to the Board any unauthorized stop; and

(c) Report to a person designated by the adult-use cannabis distributor to receive such reports any loss or theft of cannabis or cannabis products that occurs during the transportation immediately after the cannabis establishment agent becomes aware of the loss or theft. An adult-use cannabis distributor that receives a report of loss or theft pursuant to this paragraph must immediately report the loss or theft to the appropriate law enforcement agency and to the Board.

8. Each adult-use cannabis distributor shall maintain a log of all reports received pursuant to subsection 7 for review by the Board or Board agents upon request.

9. Any cannabis or cannabis product which is damaged or refused by the receiving cannabis establishment must be transported back to the originating cannabis establishment.

[Cannabis Compliance Bd., §13.010, eff. 8-5-2020; A 7-14-2022]

REVISER’S NOTE.

The provisions of this section were derived in part from former NAC 453D.860, which had the following regulatory history:

“(Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)”

NAC 678D.020 Duties of adult-use cannabis distributor delivering cannabis or cannabis products; transportation manifest; duties of originating cannabis establishment and receiving cannabis establishment; maintenance of records. (NRS 678A.450, 678B.650, 678D.440, 678D.500)

1. Before transporting cannabis or cannabis products pursuant to NAC 678D.010, an adult-use cannabis distributor shall:

(a) Ensure that all cannabis and cannabis products are secured at all times during delivery; and

(b) Maintain a physical or electronic copy of a transportation manifest generated by the cannabis establishment using the seed-to-sale tracking system that contains all the information required by this section in a format approved by the Board.

2. An adult-use cannabis distributor may deliver cannabis or cannabis products to more than one cannabis establishment in a single trip, if the transportation manifest correctly reflects the specific inventory destined for each specific cannabis establishment and location.

3. Before transferring cannabis or cannabis products to an adult-use cannabis distributor, the originating cannabis establishment shall enter the information required to indicate that the cannabis or cannabis products will be transported to the receiving cannabis establishment into the seed-to-sale tracking system. A cannabis establishment shall not list an adult-use cannabis distributor as the receiving cannabis establishment.

4. An adult-use cannabis distributor shall not alter the information which has been entered into the seed-to-sale tracking system pursuant to subsection 3.

5. If an adult-use cannabis distributor is not able to deliver cannabis or cannabis products directly to the receiving cannabis establishment due to normal business operations, the adult-use cannabis distributor shall notify the Board and the originating cannabis establishment of the premises where the cannabis or cannabis products will be stored and the anticipated date and time of delivery.

6. An adult-use cannabis distributor shall provide a copy of the transportation manifest generated using the seed-to-sale tracking system to the cannabis establishment receiving cannabis or cannabis products. The copy of a transportation manifest provided to a cannabis establishment pursuant to this subsection must be generated separately for each cannabis establishment and must not contain the information of any other cannabis establishment.

7. The transportation manifest generated using the seed-to-sale tracking system must include, without limitation:

(a) The date and approximate time of the departure;

(b) The name, location, address and license number of the originating cannabis establishment;

(d) The name, location, address and license number of the adult-use cannabis distributor;

(e) The name and quantity, by weight and unit, of each product to be delivered to each cannabis establishment;

(f) The estimated date and time of arrival;

(g) The make, model, license plate number and number of the identification card issued pursuant to NAC 678D.050 of the vehicle used for delivery; and

(h) The name, number of the cannabis establishment agent registration card and signature of each cannabis establishment agent performing or accompanying the transportation of the cannabis or cannabis products.

8. In addition to the requirements of this section, the originating and the receiving cannabis establishment shall each ensure that each delivery satisfies the requirements of NAC 678B.214 and 678B.217.

9. Before cannabis or cannabis products leave the originating cannabis establishment, the originating cannabis establishment shall adjust its records to reflect the removal of the cannabis or cannabis products in a manner that reflects the information included in the transportation manifest generated using the seed-to-sale tracking system and that can be easily reconciled, by the name and quantity of the cannabis or cannabis products, with the transportation manifest.

10. After receipt of cannabis or cannabis products, the receiving cannabis establishment shall:

(a) Confirm that the cannabis or cannabis products are as described in the transportation manifest;

(b) Adjust its records to reflect the receipt of the cannabis or cannabis products in a manner that reflects the information included in the transportation manifest generated using the seed-to-sale tracking system and that can be easily reconciled, by the name and quantity of the cannabis or cannabis products, with the transportation manifest; and

(c) Separately document, in the seed-to-sale tracking system and any other relevant business records, any differences between the quantity of cannabis or cannabis products specified in the transportation manifest and the quantities actually received.

11. After transferring cannabis or cannabis products to the receiving cannabis establishment, the adult-use cannabis distributor shall enter the end time of the trip in the trip plan and ensure that the trip plan, including any changes to the trip plan made pursuant to subsection 5, is accurate.

12. Each cannabis sales facility and adult-use cannabis distributor shall maintain all documents required by this section and provide a copy of any such document to the Board or Board agents for review upon request.

[Cannabis Compliance Bd., §13.015, eff. 8-5-2020]

REVISER’S NOTE.

The provisions of this section were derived from former NAC 453D.864, which had the following regulatory history:

“(Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)”

NAC 678D.030 Storage area for cannabis and cannabis products; documentation of stored cannabis or cannabis products in seed-to-sale tracking system; verification of inventory; inspection by Board. (NRS 678A.450, 678B.650, 678D.440, 678D.500)

1. Each adult-use cannabis distributor shall maintain a storage area for cannabis and cannabis products which includes at least one area which is temperature controlled. The area which is temperature controlled shall be maintained in a commercial food grade unit which is kept at a temperature of less than 41°F (5°C) while storing potentially hazardous cannabis products.

2. The storage area for cannabis and cannabis products maintained pursuant to subsection 1 must be a separate, enclosed, locked facility. Products unrelated to the business of the adult-use cannabis distributor, including, without limitation, products containing alcohol, must not be stored with cannabis or cannabis products. Within the storage area, cannabis or cannabis products may only be stored in a secure, locked device, cabinet, room or motor vehicle within the storage area which is protected by a lock or locking mechanism that meets at least the security rating established by Underwriters Laboratories for key locks.

3. An adult-use cannabis distributor may utilize its storage area as needed for the purposes of sorting cannabis or cannabis products from various originating cannabis establishments into consolidated outbound delivery routes to receiving cannabis establishments.

4. All cannabis or cannabis products stored at a licensed adult-use cannabis distributor must be properly documented in the seed-to-sale tracking system.

5. An adult-use cannabis distributor shall not store cannabis or cannabis products for more than 72 hours without written consent from the appropriate Board agent.

6. An adult-use cannabis distributor shall verify and keep record of the inventory of a motor vehicle after the inventory is off-loaded into storage and before the inventory is on-loaded onto a motor vehicle from storage.

7. An adult-use cannabis distributor shall make its vehicles and premises, including, without limitation, its storage area, promptly available to the Board or Board agents for inspection during normal business hours without notice or promptly upon request from the Board or Board agents.

[Cannabis Compliance Bd., §13.020, eff. 8-5-2020; A 8-13-2021]

REVISER’S NOTE.

The provisions of this section were derived in part from former NAC 453D.868, which had the following regulatory history:

“(Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)”

NAC 678D.040 Amount of cannabis or cannabis products that may be transported by distributor; transportation by cannabis establishment agent; requirements and restrictions on transportation by vehicle. (NRS 678A.450, 678B.650, 678D.440, 678D.500)

1. An adult-use cannabis distributor may transport any amount of cannabis or cannabis products that does not violate the laws or regulations of this State or the limits established by the insurer who provides coverage for the adult-use cannabis distributor.

2. An adult-use cannabis distributor shall not allow a cannabis establishment agent to transport cannabis or cannabis products unless the cannabis or cannabis products are:

(a) Except as otherwise provided in subsection 3, stored in a lockbox or locked cargo area within the vehicle being used for delivery;

(b) Not visible from outside the vehicle;

(d) Tagged for the purpose of inventory tracking with a unique identifying seed-to-sale tracking system label prescribed by the Board for the duration of transport.

Ê For the purpose of this subsection, the trunk of a vehicle is not considered to be a lockbox or locked cargo area unless the trunk cannot be accessed from within the vehicle and can only be accessed using a key which is different from the key used to access and operate the vehicle.

3. An adult-use cannabis distributor may allow a cannabis establishment agent to transport live cannabis plants in a fully enclosed, windowless, locked trailer or in a secured area inside the body of a locked van or truck if the plants are not visible from the outside.

4. A person shall not be present within any vehicle while it is being used for the transportation of cannabis or cannabis products unless the person is a cannabis establishment agent for the adult-use cannabis distributor providing transportation of the cannabis or cannabis products.

5. If the value of the cannabis and cannabis products being transported by an adult-use cannabis distributor in a vehicle, as reported on the transportation manifest as the insured fair market wholesale value, exceeds $75,000, and the distance traveled between cannabis establishments is greater than 100 miles, the adult-use cannabis distributor shall ensure not fewer than two cannabis establishment agents of the adult-use cannabis distributor accompany the vehicle.

6. Each cannabis establishment agent who loads or unloads a vehicle for the transportation of cannabis or cannabis products shall perform the loading or unloading within view of the video surveillance system of a cannabis establishment.

[Cannabis Compliance Bd., §13.025, eff. 8-5-2020; A 8-13-2021]

REVISER’S NOTE.

The provisions of this section were derived in part from former NAC 453D.870, which had the following regulatory history:

“(Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)”

NAC 678D.050 Transportation between cannabis establishments owned by adult-use cannabis distributor; use of motor vehicles for transportation of cannabis or cannabis products by distributor or cannabis independent testing laboratory; adequate care for perishable cannabis products. (NRS 678A.450, 678B.650, 678D.440, 678D.500)

1. An adult-use cannabis distributor that also holds a license for a cannabis establishment of another type and that is transporting cannabis or cannabis products between its own cannabis establishments located within the same building, within contiguous buildings, or between buildings located within 500 feet of each other, is not required to use a vehicle to perform the transportation.

2. An adult-use cannabis distributor may use any motor vehicle, except those with 2 wheels, that can legally be operated on the highways of this State and that meets the requirements of this section to transport cannabis and cannabis products.

3. Before using a motor vehicle to transport cannabis or cannabis products, an adult-use cannabis distributor must obtain the approval of the appropriate Board agent for the use of the motor vehicle. Upon approving a motor vehicle for use to transport cannabis or cannabis products, the Board will issue an identification card containing such information as the Board agent determines to be necessary which must be kept inside the motor vehicle at all times.

4. An adult-use cannabis distributor shall ensure that each motor vehicle used to transport cannabis or cannabis products:

(a) Has no advertising, signage or other markings relating to cannabis; and

(b) Is equipped with an audible car alarm.

5. An adult-use cannabis distributor shall provide adequate care for perishable cannabis products including, without limitation, refrigeration during transportation, if required. Any method for temperature control used during transportation must be approved by the appropriate Board agent before use. If a potentially hazardous cannabis product is being transported, the potentially hazardous cannabis product must be maintained at a temperature of less than 41°F (5°C) throughout transportation.

6. Each adult-use cannabis distributor shall maintain at least one motor vehicle using a method approved by the appropriate Board agent for temperature control during transportation.

7. A Board agent may inspect each motor vehicle used for transportation of cannabis or cannabis products by an adult-use cannabis distributor pursuant to NAC 678B.101.

8. Before using a motor vehicle to transport cannabis or cannabis products, a cannabis independent testing laboratory must obtain the approval of the appropriate Board agent for the use of the motor vehicle. Upon approving a motor vehicle for use to transport cannabis or cannabis products, the Board will issue an identification card containing such information as the Board agent determines to be necessary which must be kept inside the motor vehicle at all times.

[Cannabis Compliance Bd., §13.030, eff. 8-5-2020]

REVISER’S NOTE.

The provisions of this section were derived in part from former NAC 453D.874, which had the following regulatory history:

“(Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)”

NAC 678D.060 Transportation between multiple cannabis establishments; requirements for drivers used by adult-use cannabis distributor; hours and locations of transportation; reporting of irregularities, motor vehicle crash or break down of motor vehicle; use of seed-to-sale tracking system. (NRS 678A.450, 678B.650, 678D.440, 678D.500)

1. An adult-use cannabis distributor may transport cannabis or cannabis products between multiple cannabis establishments, but shall not simultaneously transport any other item unless the item is cannabis paraphernalia or merchandise, packaging or a promotional item directly related to the cannabis or cannabis product.

2. An adult-use cannabis distributor shall not transport cannabis or cannabis products unless:

(a) During the transportation of cannabis or cannabis products, the driver of a motor vehicle for an adult-use cannabis distributor carries in the motor vehicle:

(1) Proof of valid insurance coverage in an amount required by the laws of this State;

(2) A copy of the license of the adult-use cannabis distributor;

(3) The cannabis establishment agent registration card or verification of temporary authorization of the driver;

(4) The valid driver’s license of the driver; and

(5) The valid registration for the motor vehicle.

(b) All drivers used by the adult-use cannabis distributor are bonded in an amount sufficient to cover any claim that could be brought against the driver or the adult-use cannabis distributor discloses to all parties that such drivers are not bonded.

(c) The hours in which the adult-use cannabis distributor provides transportation are reasonable to allow for the delivery of cannabis and cannabis products to cannabis establishments during the operating hours of the cannabis establishments.

(d) The transportation is conducted only within the borders of this State.

(e) The cannabis establishment agent who transports cannabis or cannabis products only travels to and from cannabis establishments and does not make any unnecessary stops that are not disclosed in the trip plan and transportation manifest. The cannabis establishment agent may make a stop for fuel as necessary and keep a list of designated fuel stops along the route for submission to the Board or Board agents upon request.

3. An adult-use cannabis distributor shall notify the Board using means determined by the Board if a motor vehicle being used for the transportation of cannabis or cannabis products by the adult-use cannabis distributor is stopped at a location other than a cannabis establishment or designated fuel stop, is involved in a motor vehicle crash or breaks down, resulting in scheduled travel being interrupted.

4. An adult-use cannabis distributor shall use the seed-to-sale tracking system approved by the Board for any transportation of cannabis or cannabis products between cannabis establishments that are not co-located.

[Cannabis Compliance Bd., §13.035, eff. 8-5-2020]

REVISER’S NOTE.

The provisions of this section were derived in part from former NAC 453D.876, which had the following regulatory history:

“(Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)”

NAC 678D.070 Transportation by cannabis cultivation facility, cannabis production facility, cannabis independent testing laboratory or cannabis sales facility; applicability of provisions relating to distributors. (NRS 678A.450, 678B.650, 678C.490, 678D.500)

1. A cannabis cultivation facility or a cannabis production facility may transport cannabis or cannabis products to or from a cannabis cultivation facility, a cannabis production facility or a cannabis independent testing laboratory.

2. A cannabis independent testing laboratory or a cannabis sales facility may transport cannabis or cannabis products to or from a cannabis independent testing laboratory for testing.

3. A cannabis sales facility may transport single-use cannabis and cannabis products when delivering exclusively to an attached or adjacent cannabis consumption lounge, however, pursuant to subsection 3 of NAC 678B.080, an adult-use cannabis distributor may be required to conduct the transfer. A cannabis sales facility may not transport to an independent cannabis consumption lounge unless that sales facility holds a license for an adult-use cannabis distributor.

4. The requirements of NAC 678D.010 for an adult-use cannabis distributor apply to a cannabis establishment that transports cannabis or cannabis products pursuant to this section without using an adult-use cannabis distributor.

[Cannabis Compliance Bd., §13.040, eff. 8-5-2020; A 7-14-2022]

REVISER’S NOTE.

The provisions of this section were derived in part from former NAC 453D.878, which had the following regulatory history:

“(Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)”

NAC 678D.080 Transportation by cannabis establishment to cannabis sales facility. (NRS 678A.450, 678B.650, 678C.490, 678D.500) A cannabis establishment shall not transport cannabis or cannabis products to a cannabis sales facility unless the cannabis establishment:

1. Holds a license for an adult-use cannabis distributor;

2. Holds a medical cannabis establishment license and is only transporting cannabis or cannabis products for the medical use of cannabis;

3. Is a cannabis independent testing laboratory transporting samples for testing; or

4. Is a dual licensee and is only transporting cannabis or cannabis products for the medical use of cannabis to a medical cannabis dispensary or a dual licensee.

[Cannabis Compliance Bd., §13.045, eff. 8-5-2020]

REVISER’S NOTE.

The provisions of this section were derived from former NAC 453D.880, which had the following regulatory history:

“(Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)”

CANNABIS CONSUMPTION LOUNGES

NAC 678D.200 Operation during designated hours required; posting of hours of operation; prohibition on conducting sales one half hour before closing. (NRS 678A.450, 678B.650, 678D.480, 678D.500) Each cannabis consumption lounge shall:

1. Ensure that the cannabis consumption lounge is operating and available to sell single-use cannabis products or ready-to-consume cannabis products to consumers during, and only during, the designated hours of operation of the cannabis consumption lounge as provided to the Board by the cannabis consumption lounge and the hours authorized by the local jurisdiction in which the lounge is located;

2. Post, in a place that can be viewed by persons entering the cannabis consumption lounge, the hours of operation during which the lounge will sell single-use cannabis products or ready-to-consume cannabis products; and

3. Not conduct sales one half hour before closing unless the cannabis consumption lounge operates 24 hours per day.

[Cannabis Compliance Bd., §15.010, eff. 7-14-2022]

NAC 678D.210 Duties of cannabis establishment agent before allowing access to lounge or sale to consumer. (NRS 678A.450, 678B.650, 678D.480, 678D.500) Before a cannabis establishment agent allows access into the facility and before selling single-use cannabis products or ready-to-consume cannabis products to a consumer, the cannabis establishment agent shall:

1. Verify the age of the consumer by checking and authenticating a government-issued identification card containing a photograph of the consumer using an identification scanner approved by the appropriate Board agent to determine the validity and authenticity of any government-issued identification card as well as visually inspect the birthdate on the form of identification presented;

2. Not permit the use or consumption of cannabis by any person displaying any visible signs of overconsumption of any intoxicant;

3. Offer any appropriate consumer education or support materials; and

4. At the time of sale, enter the following information into the inventory control system:

(a) The amount of single-use cannabis products or ready-to-consume cannabis products sold;

(b) The date and time at which the single-use cannabis products or ready-to-consume cannabis products were sold;

(d) The number of the license for the cannabis consumption lounge.

[Cannabis Compliance Bd., §15.015, eff. 7-14-2022]

NAC 678D.220 Valid proof of identification of age of consumer required. (NRS 678A.450, 678B.650, 687D.480, 678D.500)

1. A cannabis consumption lounge shall not allow entry to and shall refuse to sell single-use cannabis products or ready-to-consume cannabis products to any person unless the person produces a form of valid identification showing that the person is 21 years of age or older.

2. Identification presented to satisfy subsection 1 must contain a photograph and the date of birth of the person.

3. Identification presented to satisfy subsection 1 must be a valid and unexpired:

(a) Driver’s license or instruction permit issued by this State or any other state or territory of the United States;

(b) Identification card issued by this State or any other state or territory of the United States for the purpose of proof of age of the holder of the card;

(d) Merchant Mariner Credential or other similar document issued by the United States Coast Guard;

(e) Passport issued by, or recognized by, the United States Government or a permanent resident card issued by the United States Citizenship and Immigration Services of the United States Department of Homeland Security; or

(f) Tribal identification card issued by a tribal government, as defined in NRS 239C.105, which requires proof of the age of the holder of the card for issuance.

[Cannabis Compliance Bd., §15.020, eff. 7-14-2022]

NAC 678D.230 Prohibition on a single sale that exceeds certain amounts. (NRS 678A.450, 678B.650, 678D.480, 678D.500)

1. A cannabis consumption lounge shall not sell to any consumer at one time an amount of single-use cannabis products or ready-to-consume cannabis products which exceeds:

(a) Three and one-half grams of usable cannabis. If the single-use cannabis product contains more than 1 gram of usable cannabis, it must include a written warning: “Caution- This product is very potent and is not recommended for inexperienced users.”

(b) Three hundred milligrams of THC for inhalable extracted cannabis products. All single-use cannabis products sold as inhalable extracted cannabis products must include a warning: “Caution- This product is very potent and is not recommended for inexperienced users.”

(d) One hundred milligrams of THC for transdermal patches or other adult-use cannabis products not mentioned in this section. If the single-use cannabis product contains more than 10 milligrams of THC, it must include a written warning: “Caution- This product is very potent and is not recommended for inexperienced users.”

(e) Ten milligrams of THC for an edible, capsule or tincture.

2. For the purposes of this section, a single sale occurs when a consumer orders cannabis or cannabis products. If a cannabis consumption lounge allows multiple orders, the lounge may process the orders as a single final transaction. The final transaction must be recorded in a manner which details the date, time and quantity of cannabis or cannabis products transferred to a consumer in each order.

[Cannabis Compliance Bd., §15.025, eff. 7-14-2022]

NAC 678D.240 Products required to be offered for sale; restrictions on sale of other products; prohibition on removal of cannabis products from lounge; communication with consumer; prohibition on recommending products to persons who are pregnant or breastfeeding. (NRS 678A.450, 678B.650, 678D.480, 678D.500)

1. Relative to cannabis, CBD and cannabis-related products, a cannabis consumption lounge shall only offer for sale single-use cannabis products, ready-to-consume cannabis products, cannabis paraphernalia, cannabis-related accessories, products containing CBD and products containing hemp which are related to cannabis.

2. Hemp and hemp-derived products must be accompanied by a certificate of analysis from a cannabis independent testing laboratory or the appropriate Nevada state testing laboratory, and a copy of the hemp grower’s certificate. Such products must be labeled with the amount of THC and state “This product does not contain cannabis.” in at least 8-point font.

3. Each cannabis consumption lounge must offer low dose options of cannabis products containing not more than 2 milligrams of THC in a cannabis product or 0.5 grams of usable cannabis.

4. Each cannabis consumption lounge shall not allow any single-use cannabis products or ready-to-consume cannabis products to be removed from the lounge and shall inform the consumer that removing such products from the lounge is illegal.

5. A cannabis consumption lounge shall not sell any product that contains tobacco, nicotine, or vape liquid that is not produced by a licensed cannabis production facility.

6. A cannabis consumption lounge shall not sell any product that contains alcohol if the product would require the cannabis consumption lounge to hold a license to sell alcohol issued pursuant to chapter 369 of NRS or any local jurisdiction.

7. A cannabis consumption lounge shall not sell single-use cannabis products or ready-to-consume cannabis products without first communicating with the end-use consumer. Employees of the lounge must inquire about and assess a consumer’s usage and needs.

8. A cannabis consumption lounge shall not knowingly recommend products to persons who are pregnant or breastfeeding.

[Cannabis Compliance Bd., §15.030, eff. 7-14-2022]

NAC 678D.250 Prohibition on use or sale of alcohol, tobacco and nicotine products. (NRS 678A.450, 678B.650, 678D.500) All alcohol, tobacco and nicotine products are not permitted for use or sale in a cannabis consumption lounge.

[Cannabis Compliance Bd., §15.065, eff. 7-14-2022]

NAC 678D.260 Storage and location of products; disclosure of cannabis independent testing laboratory performing quality assurance tests upon request of consumer; approved sources of products for sale; maintenance and availability of certificate of analysis. (NRS 678A.450, 678B.650, 678D.480, 678D.500)

1. A cannabis consumption lounge must store all single-use cannabis products and ready-to-consume cannabis products behind a counter or other barrier to ensure a consumer does not have direct access to the products. Such products must be stored in a manner that prevents physical, biological or chemical contamination.

2. Upon the request of a consumer, a cannabis consumption lounge must disclose the name of the cannabis independent testing laboratory which performed the required quality assurance tests and the corresponding certificate of analysis.

3. A cannabis consumption lounge may only sell single-use cannabis products obtained from an adult-use cannabis retail store in this State.

4. A cannabis consumption lounge may procure multi-serving edible cannabis products from adult-use cannabis retail stores in this State and resell individual servings to consumers.

5. A cannabis consumption lounge may only use cannabis, concentrated cannabis and cannabis products which have been obtained from an adult-use cannabis retail store in this State.

6. A cannabis consumption lounge may not sell a product other than single-use cannabis products or ready-to-consume cannabis products which contain any level of THC or CBD without the approval of the appropriate Board agent. Each cannabis consumption lounge shall maintain a file which contains a certificate of analysis for any such approved product at the cannabis consumption lounge and shall make the file available for review upon request.

[Cannabis Compliance Bd., §15.035, eff. 7-14-2022]

NAC 678D.270 Compliance with laws and regulations relating to food preparation; certification of certain employees; maintenance of logs concerning illnesses; reporting of communicable illnesses. (NRS 678A.450, 678B.650, 678D.480, 678D.500)

1. The cannabis consumption lounge shall comply with any federal, state and local applicable laws or regulations related to on-site food preparation.

2. If the cannabis consumption lounge serves food, including edible cannabis products, it is required that:

(a) A Certified Food Protection Manager, as certified by an American National Standards Institute accredited program, be employed by the lounge and be onsite during all hours of operation in which food is being prepared or served; and

(b) All employees who handle food obtain a food handler card from the local health department. If the local health department does not offer this service, employees must obtain a food handler certification from an American National Standards Institute (ANSI) accredited organization.

3. The following logs must be maintained for a minimum of 2 years:

(a) Consumer illness log for illnesses reported after consumption or overconsumption, which must include name, date and time of consumption, type of food or cannabis consumed, date and time of illness onset, illness description and contact information.

(b) Employee illness log, which must include, at a minimum, name, dates called out due to illness, symptoms and diagnosis.

4. Communicable illnesses must be reported in accordance with NAC 678B.226 and chapter 441A of NRS.

[Cannabis Compliance Bd., §15.040, eff. 7-14-2022]

NAC 678D.280 Requirements for preparation and sale of ready-to-consume cannabis products. (NRS 678A.450, 678B.650, 678D.480, 678D.500)

1. Preparation of all ready-to-consume cannabis products must comply with the United States Food and Drug Administration Food Code and any other local health code as enforced by locality, with the exception that cannabis is not considered an adulterant.

2. All ready-to-consume cannabis products, ingredients and procedures to prepare such products must be approved by the appropriate Board agent before preparation and sale to a consumer.

3. All ready-to-consume cannabis products must be individually dosed to ensure accuracy and homogeneity. Infusion of bulk ingredients for multiple servings is prohibited.

4. Cannabis consumption lounges:

(a) May separate premeasured single-dose concentrated cannabis procured from a cannabis sales facility for the purpose of individually dosing each ready-to-consume cannabis product in its final state.

(b) Shall clearly mark ready-to-consume cannabis products with the cannabis dose in the dish when being served to consumers.

(d) Shall include allergen information on the menu.

(e) Shall not encourage sharing of ready-to-consume cannabis products.

[Cannabis Compliance Bd., §15.105, eff. 7-14-2022]

NAC 678D.290 Sanitation and cleaning frequency of surfaces, utensils and devices. (NRS 678A.450, 678B.650, 678D.480, 678D.500) Each cannabis consumption lounge shall ensure that:

1. The surfaces, utensils and reusable devices that have direct contact with cannabis products are adequately washed, rinsed and sanitized.

2. After being cleaned, surfaces of equipment, utensils and reusable devices that have direct contact with cannabis products are sanitized in:

(a) Hot water manual operations by immersion for at least 30 seconds with a temperature of 170°F (77°C) or above;

(b) Hot water mechanical operations by being cycled through equipment that is set up and achieving a utensil surface temperature of 160°F (71°C) as measured by an irreversible registering temperature indicator; or

(c) Chemical manual or mechanical operations, including, without limitation, the application of sanitizing chemicals by immersion, manual swabbing, brushing or pressure spraying methods using a solution as specified on the manufacturer’s label use instructions that are approved by the United States Environmental Protection Agency, by providing an exposure time of at least 30 seconds unless the manufacturer’s label use instructions provide otherwise.

3. If the surfaces of utensils or equipment come into contact with potentially hazardous cannabis products and ingredients, the surfaces and utensils are cleaned throughout the day at least once every 4 hours.

4. The surfaces of utensils and equipment that have direct contact with cannabis products and ingredients that are not potentially hazardous are cleaned:

(a) At any time when contamination may have occurred; and

(b) In equipment, including, without limitation, ice bins and beverage dispensing nozzles, and enclosed components of equipment, such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders and water vending equipment:

(1) At a frequency specified by the manufacturer; or

(2) If the manufacturer does not specify a frequency, at a frequency necessary to prevent the accumulation of soil or mold.

[Cannabis Compliance Bd., §15.110, eff. 7-14-2022]

NAC 678D.300 Reporting of medical incidents. (NRS 678A.450, 678B.650, 678D.500) Each cannabis consumption lounge shall, within 24 hours of becoming aware, report to the Board any medical incident stemming from a consumer’s consumption of cannabis or food that necessitated medical treatment.

[Cannabis Compliance Bd., §15.070, eff. 7-14-2022]

NAC 678D.310 Required training of employees; creation of plans to address certain scenarios. (NRS 678A.450, 678B.650, 678D.455, 678D.500)

1. Cannabis consumption lounges shall train their employees about the various products the lounge sells, including the potency of the products, absorption time, and effects of the products, to include at a minimum all of the topics found in NAC 678B.208.

2. Cannabis consumption lounges shall create written plans with instructions on how to address the following scenarios:

(a) Health policy that must also be posted in a clearly visible location to employees;

(b) Overconsumption;

(d) Impaired driver risk mitigation plan.

3. The employee training program shall include at a minimum of 8 hours of compensated instruction time for initial training and 4 hours of compensated supplemental instruction time each year thereafter.

[Cannabis Compliance Bd., §15.045, eff. 7-14-2022]

NAC 678D.320 Development of plan to mitigate risk of impaired driving; adoption of certain practices as part of plan; updating of plan. (NRS 678A.450, 678B.650, 678D.455, 678D.500) Each cannabis consumption lounge shall develop a plan to mitigate the risk of impaired driving, to include making information readily available to the consumer about transportation options. As part of this plan, each cannabis consumption lounge shall adopt practices that discourage impaired driving, with consideration of examples, including, without limitation, such as a 24-hour no-tow policy or a potential partnership with ride share to offer discounted rides both to and from the premises to consumers. If the Board learns of an increase in impaired driving stemming from the location of a particular licensee, the Board shall require the licensee to update the cannabis consumption lounge’s impaired driver risk mitigation plan.

[Cannabis Compliance Bd., §15.080, eff. 7-14-2022]

NAC 678D.330 Ventilation plan required; requirements for plan; waiver by submission of alternative ventilation plan. (NRS 678A.450, 678B.650, 678D.455, 678D.500)

1. A ventilation plan must be submitted, approved, with changes as necessary, and fully implemented before issuance of a final license. At a minimum, the ventilation plan must include:

(a) A separate ventilation system within any designated smoking room capable of 20 complete air changes per hour at a minimum. Excess air required to create negative pressure volume must be directly exhausted to the outdoors.

(b) A separate system within the rest of the cannabis consumption lounge capable of 6 complete air changes per hour at a minimum. Excess air required to create negative pressure volume must be directly exhausted to the outdoors.

(d) A minimum efficiency reporting value (MERV) 14 or higher filtration system, or equivalent system, capable of handling the entire volume of air within any separate room of the lounge.

(e) An odor mitigation plan that identifies, at a minimum, the following:

(1) The specific odor control equipment to be installed and operated to mitigate odor emissions before leaving the building;

(2) An engineering assessment approved by a certified professional engineer ensuring the odor control equipment installed and operated will mitigate odor emissions before leaving the building; and

(3) An operation and maintenance plan showing the monitoring frequency for preventative maintenance, the timely responses to equipment malfunctions and the record keeping and employee training in place to ensure the odor control equipment to be installed and operating is maintained per manufacturer’s specifications.

Ê Any deviations from the odor mitigation plan or malfunction of equipment must be documented on a log that shall be provided to the Board upon request.

(f) If the cannabis consumption lounge plans to use or has an outdoor smoking area, the applicant must submit a request to the local jurisdiction and comply with any requirements the local jurisdiction may have regarding an outdoor smoking area.

(g) Atmospheric monitoring of the non-smoking room of the cannabis consumption lounge focusing, at a minimum, on an 8 hour average and 15-minute peak CO₂ and PM_2.5 concentrations which must include an audible and visual notification system, alerting the facility to any failures.

(h) Any local jurisdiction requirements. Local jurisdiction requirements may be more restrictive than the requirements set forth in this chapter and chapters 678A and 678B of NAC.

2. As an alternative to paragraphs (a) to (d), inclusive, of subsection 1, a cannabis consumption lounge may use an odor containment and elimination device that achieves or exceeds the air quality of the systems outlined in paragraphs (a) to (d), inclusive, of subsection 1 and includes:

(a) A chamber that contains the combustion material and associated smoke and achieves at least 20 complete air changes per hour;

(b) A release point configured for inhalation of the smoke air by a user;

(d) A MERV 14 or higher filter that filters the smoke from the chamber and smoke exhaled by the user into the pressurized pathway.

3. Cannabis consumption lounges utilizing the alternative described in subsection 2 shall submit a yearly report demonstrating that the lounge remains at or below average and peak PPM concentrations for systems outlined in paragraphs (a) to (d), inclusive, of subsection 1.

4. A cannabis consumption lounge may request a waiver to all or a portion of the requirements in paragraphs (a) to (d), inclusive, of subsection 1 by submitting an alternative ventilation plan that is approved by a certified professional engineer and details how the plan will protect the agents working in the lounge as well as the customers of the lounge. The waiver and alternative ventilation plan is subject to receiving approval from the Board at a properly noticed public meeting.

[Cannabis Compliance Bd., §15.055, eff. 7-14-2022; A 7-17-2023, 8-16-2023]

NAC 678D.340 Indoor smoking or inhalation required to be confined to separate room; creation of protocols and standards to minimize exposure to secondhand smoke. (NRS 678A.450, 678B.650, 678D.489, 678D.500)

1. All indoor cannabis smoking or inhalation must be confined to a designated smoking room. The room must be completely separated from the rest of the cannabis consumption lounge by solid partitions or glass without openings other than doors or pass-through service windows. All smoking-room doors and service windows must be self-closing and installed with a gasket to provide a seal where the door meets the stop.

2. The cannabis consumption lounge must:

(a) Create and mandate work protocols and indoor or outdoor air quality standards that minimize employees’ secondhand smoke exposure, including training to employees on the proper use of personal protective equipment (PPE).

(b) Minimize the need for employees to enter the smoking room, while still being able to monitor activities within the smoking room.

(c) Provide employees with adequate PPE such as N95/KN95 masks or respirators to minimize secondhand smoke exposure while in the smoking room.

[Cannabis Compliance Bd., §15.050, eff. 7-14-2022]

NAC 678D.350 Requirements concerning visibility of consumption; conditions for outdoor consumption area. (NRS 678A.450, 678B.650, 678D.480, 678D.500)

1. A cannabis consumption lounge shall ensure that the display and consumption of any cannabis is not visible from outside of its premises.

2. A cannabis consumption lounge may have a consumption area outdoors under the following conditions:

(a) The cannabis consumption lounge shall ensure that all cannabis is kept out of plain sight and is not visible from a public place without the use of optical aids, such as telescopes, binoculars or aircraft; and

(b) Either:

(1) The cannabis consumption lounge shall ensure that the consumption area is surrounded by a sight-obscuring wall, fence or other opaque or translucent barrier that also prevents cannabis products from being transferred to anyone outside the consumption area; or

(2) The height of the consumption area is higher than the surrounding area and obscures view of consumption.

[Cannabis Compliance Bd., §15.090, eff. 7-14-2022]

NAC 678D.360 Required notices, warnings and signs. (NRS 678A.450, 678B.650, 678D.500)

1. The following notices must be posted within the cannabis consumption lounge in a conspicuous location:

(a) “HEALTH WARNING: Pregnant or breastfeeding people should not use cannabis or cannabis products. Using cannabis during pregnancy or while breastfeeding may be harmful to your baby’s development.” This health warning must be conspicuously posted in a minimum of 40-point font at the entrance and in every restroom of a cannabis consumption lounge.

(b) “HEALTH WARNING: This is a smoking lounge. Occupants will be exposed to secondhand smoke. Secondhand smoke is hazardous to your health.” This health warning must be conspicuously posted in a minimum of 72-point font at the consumer entry point to a cannabis consumption lounge and separate smoking room within a cannabis consumption lounge if smoking of cannabis is permitted.

(c) “Consumption Area – No One Under 21 Years of Age Allowed.” This notice must be conspicuously posted in a minimum of 40-point font on every entry point to a cannabis consumption lounge.

2. Cannabis consumption lounges must post, at all times and in a prominent place inside the consumption lounge, a warning that is at a minimum of 40-point font that reads as follows:

(a) “Must be 21 or older to enter”;

(b) “Cannabis may only be consumed in designated areas out of public view”;

(d) “We reserve the right to refuse entry or service for any reason including visible intoxication”;

(e) “It is against the law to drive while impaired by cannabis”; and

(f) “Firearms are prohibited.”

3. A cannabis consumption lounge shall post one or more signs outside of the licensed premises that indicate loitering is prohibited and consumption of cannabis is only permitted in designated areas out of public view.

[Cannabis Compliance Bd., §15.060, eff. 7-14-2022]

NAC 678D.370 Unconsumed cannabis and cannabis products: Removal from premises by consumer prohibited; destruction required; submission of plan by retail cannabis consumption lounge. (NRS 678A.450, 678B.650, 678D.455, 678D.500)

1. A cannabis consumption lounge shall not allow a consumer to leave the licensed premises with any unconsumed cannabis in accordance with the requirements of Nevada law.

2. All sold and unconsumed cannabis and cannabis products must be destroyed in accordance with subsection 3 of NAC 678B.475.

3. Retail cannabis consumption lounges shall create and submit a written plan to the Board for approval that either prohibits or provides a way to store and return any cannabis or cannabis products purchased by a consumer from the adult-use cannabis retail store while the consumer is in the retail cannabis consumption lounge.

[Cannabis Compliance Bd., §15.075, eff. 7-14-2022]

NAC 678D.380 Water required to be provided to consumers. (NRS 678A.450, 678B.650, 678D.500) Water must be provided without request and free of charge to all consumers.

[Cannabis Compliance Bd., §15.095, eff. 7-14-2022]

NAC 678D.390 State and local public health regulatory agencies may require permits or conduct inspections. (NRS 678A.450, 678B.650, 678D.500) State and local public health regulatory agencies may require permits or conduct inspections related to the services offered at the cannabis consumption lounge.

[Cannabis Compliance Bd., §15.115, eff. 7-14-2022]

NAC 678D.400 Temporary closure of lounge by Board or head of local law enforcement agency. (NRS 678A.450, 678B.650, 678D.500) The Board or the head of the local law enforcement agency with jurisdiction over the licensee or authorized designee in an emergency, for cause, or upon code violation of a specific act which endangers the public welfare, and finding that such closure is necessary for the immediate preservation of the public peace, health, safety, morals, good order or public welfare, may temporarily close any cannabis consumption lounge for a period not to exceed 72 consecutive hours.

[Cannabis Compliance Bd., §15.085, eff. 7-14-2022]