NRS: CHAPTER 453A - MEDICAL USE OF MARIJUANA

[Rev. 5/1/2022 9:52:28 PM--2021]

CHAPTER 453A - MEDICAL USE OF MARIJUANA

GENERAL PROVISIONS

NRS 453A.010 Definitions. [Repealed.]

NRS 453A.020 “Administer” defined. [Repealed.]

NRS 453A.030 “Attending provider of health care” defined. [Repealed.]

NRS 453A.040 “Cachexia” defined. [Repealed.]

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 [Repealed.]

NRS 453A.053 “Crime of violence” defined. [Repealed.]

NRS 453A.056 “Cultivation facility” defined. [Repealed.]

NRS 453A.060 “Deliver” and “delivery” defined. [Repealed.]

NRS 453A.075 “Department” defined. [Repealed.]

NRS 453A.080 “Designated primary caregiver” defined. [Repealed.]

NRS 453A.090 “Division” defined. [Repealed.]

NRS 453A.101 “Edible marijuana products” defined. [Repealed.]

NRS 453A.102 “Electronic verification system” defined. [Repealed.]

NRS 453A.103 “Enclosed, locked facility” defined. [Repealed.]

NRS 453A.104 “Excluded felony offense” defined. [Repealed.]

NRS 453A.105 “Facility for the production of edible marijuana products or marijuana-infused products” defined. [Repealed.]

NRS 453A.107 “Independent testing laboratory” defined. [Repealed.]

NRS 453A.108 “Inventory control system” defined. [Repealed.]

NRS 453A.109 “Letter of approval” defined. [Repealed.]

NRS 453A.110 “Marijuana” defined. [Repealed.]

NRS 453A.112 “Marijuana-infused products” defined. [Repealed.]

NRS 453A.115 “Medical marijuana dispensary” defined. [Repealed.]

NRS 453A.116 “Medical marijuana establishment” defined. [Repealed.]

NRS 453A.117 “Medical marijuana establishment agent” defined. [Repealed.]

NRS 453A.118 “Medical marijuana establishment agent registration card” defined. [Repealed.]

NRS 453A.119 “Medical marijuana establishment registration certificate” defined. [Repealed.]

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 [Repealed.]

NRS 453A.125 “Paraphernalia” defined. [Repealed.]

NRS 453A.130 “Production” defined. [Repealed.]

NRS 453A.140 “Registry identification card” defined. [Repealed.]

NRS 453A.150 “State prosecution” defined. [Repealed.]

NRS 453A.155 “THC” defined. [Repealed.]

NRS 453A.160 “Usable marijuana” defined. [Repealed.]

NRS 453A.170 “Written documentation” defined. [Repealed.]

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION CARDS AND LETTERS OF APPROVAL

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. [Repealed.]

NRS 453A.205 Holder of valid letter of approval exempt from state prosecution for certain acts involving marijuana and paraphernalia; limitation on exemption. [Repealed.]

NRS 453A.208 Employee of State Department of Agriculture exempt from state prosecution for certain acts involving marijuana; no person subject to prosecution for being in presence or vicinity of medical use of marijuana. [Repealed.]

NRS 453A.210 Registry identification cards and letters of approval: 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 or letter pending approval or denial of application; provider of health care required to maintain documentation of application. [Repealed.]

NRS 453A.220 Registry identification cards and letters of approval: Issuance to applicant; issuance of card to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal. [Repealed.]

NRS 453A.225 Registry identification cards and letters of approval: Revocation; duties; judicial review; reapplication prohibited for 12 months. [Repealed.]

NRS 453A.230 Registry identification cards and letters of approval: Holder to notify Division of certain changes in information; required update of documentation from attending provider of health care; designation of primary caregiver after initial issuance of card; card or letter deemed expired for failure to comply with provisions. [Repealed.]

NRS 453A.240 Registry identification cards and letters of approval: Card or letter to be returned to Division following diagnosis of absence of chronic or debilitating medical condition. [Repealed.]

NRS 453A.250 Registry identification cards and letters of approval: General requirements concerning designation of primary caregiver; only one designated primary caregiver allowed; timing of issuance of card or letter to caregiver if caregiver designated after initial issuance of card or letter to patient; parent or guardian who is also patient may be designated caregiver for child. [Repealed.]

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

NRS 453A.300 Acts for which holder of registry identification card or letter of approval is not exempt from state prosecution and may not raise affirmative defense; additional penalty. [Repealed.]

NRS 453A.310 Affirmative defenses. [Repealed.]

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. [Repealed.]

NRS 453A.322 Registration of establishments: Requirements; expiration and renewal. [Repealed.]

NRS 453A.324 Registration of establishments: Limitation on total number of certificates that can be issued in each jurisdiction; reallocation of certificates if county has no qualified applicants; acceptance of applications. [Repealed.]

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. [Repealed.]

NRS 453A.328 Registration of establishments: Considerations in determining whether to issue registration certificate. [Repealed.]

NRS 453A.330 Records concerning oversight of medical marijuana establishment to be maintained by agency of local government; provision of records to establishment; fees paid by establishment; use of fees; appeal of fee. [Repealed.]

NRS 453A.332 Agents required to register with Department; requirements for registration; establishment required to notify Department if agent ceases to be employed by, volunteer at or provide labor at establishment; expiration and renewal of registration; authorized activities of registrant; applicant deemed temporarily registered. [Repealed.]

NRS 453A.334 Registration cards and registration certificates nontransferable unless ownership of establishment is transferred; requirements for transfer of registration card or registration certificate if ownership is transferred. [Repealed.]

NRS 453A.336 Payment of child support: Statement by applicant for registration card or registration certificate; grounds for denial; duties of Department. [Repealed.]

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. [Repealed.]

NRS 453A.340 Grounds for immediate revocation of registration certificate. [Repealed.]

NRS 453A.342 Grounds for immediate revocation of registration card. [Repealed.]

NRS 453A.344 Fees. [Repealed.]

Requirements Concerning Operation of Medical Marijuana Establishments

NRS 453A.350 Location, land use, appearance and signage; change of location; certain provisions inapplicable to dual licensee. [Repealed.]

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 and dispensing of marijuana from vending machine prohibited; inspection; certain provisions inapplicable to dual licensee; installation of video monitoring system required; certain establishments authorized to acquire and use hemp or product made from hemp. [Repealed.]

NRS 453A.354 Electronic verification system. [Repealed.]

NRS 453A.356 Inventory control system. [Repealed.]

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; Department prohibited from requiring tracking of purchases; dual licensee authorized to allow any person who is at least 21 years of age on premises. [Repealed.]

NRS 453A.360 Requirements concerning edible marijuana products and marijuana-infused products; additional duties of medical marijuana dispensary and facility for production of edible marijuana products or marijuana-infused products; prohibited advertising; civil penalties. [Repealed.]

NRS 453A.362 Requirements concerning storage and removal of medical marijuana; transport of medical marijuana to another establishment or between buildings of establishment. [Repealed.]

Miscellaneous Provisions

NRS 453A.364 Medical marijuana dispensary authorized to dispense marijuana to nonresidents of this State under certain circumstances. [Repealed.]

NRS 453A.365 Training of medical marijuana establishment agents by independent contractor; issuance of medical marijuana establishment agent registration card to independent contractor. [Replaced in revision by NRS 678B.620.]

NRS 453A.366 Designation of medical marijuana dispensary. [Repealed.]

NRS 453A.367 Petition to determine if criminal history will disqualify person from obtaining registration card or certificate; fee; posting of requirements for card or certificate and list of disqualifying crimes on Internet; report. [Replaced in revision by NRS 678B.630.]

NRS 453A.368 Testing laboratories. [Repealed.]

NRS 453A.369 Interlocal agreements. [Repealed.]

NRS 453A.370 Regulations. [Repealed.]

SEARCH AND SEIZURE

NRS 453A.400 Possession of registry identification card, letter of approval, registration certificate or registration card not permissible grounds for search or inspection; care and return of seized property. [Repealed.]

NRS 453A.410 Forfeiture of assets seized. [Repealed.]

ACTIONS OF PROFESSIONAL LICENSING BOARDS

NRS 453A.500 Professional licensing board prohibited from taking disciplinary action against attending provider of health care on basis of provider’s participation in certain activities in accordance with chapter. [Repealed.]

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. [Repealed.]

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. [Repealed.]

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. [Repealed.]

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. [Repealed.]

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. [Repealed.]

MISCELLANEOUS PROVISIONS

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

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

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

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

NRS 453A.740 Regulations; fees. [Repealed.]

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, other than law enforcement agency, in certain circumstances. [Repealed.]

NRS 453A.810 State not responsible for deleterious outcomes. [Repealed.]

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GENERAL PROVISIONS

NRS 453A.010 Definitions. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.020 “Administer” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.030 “Attending provider of health care” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.040 “Cachexia” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.050 “Chronic or debilitating medical condition” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.053 “Crime of violence” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.056 “Cultivation facility” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.060 “Deliver” and “delivery” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.075 “Department” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.080 “Designated primary caregiver” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.090 “Division” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.101 “Edible marijuana products” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.102 “Electronic verification system” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.103 “Enclosed, locked facility” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.104 “Excluded felony offense” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.105 “Facility for the production of edible marijuana products or marijuana-infused products” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.107 “Independent testing laboratory” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.108 “Inventory control system” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.109 “Letter of approval” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.110 “Marijuana” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.112 “Marijuana-infused products” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.115 “Medical marijuana dispensary” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.116 “Medical marijuana establishment” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.117 “Medical marijuana establishment agent” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.118 “Medical marijuana establishment agent registration card” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.119 “Medical marijuana establishment registration certificate” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.120 “Medical use of marijuana” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.125 “Paraphernalia” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.130 “Production” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.140 “Registry identification card” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.150 “State prosecution” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.155 “THC” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.160 “Usable marijuana” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.170 “Written documentation” defined. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION CARDS AND LETTERS OF APPROVAL

NRS 453A.205 Holder of valid letter of approval exempt from state prosecution for certain acts involving marijuana and paraphernalia; limitation on exemption. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.225 Registry identification cards and letters of approval: Revocation; duties; judicial review; reapplication prohibited for 12 months. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.240 Registry identification cards and letters of approval: Card or letter to be returned to Division following diagnosis of absence of chronic or debilitating medical condition. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

NRS 453A.300 Acts for which holder of registry identification card or letter of approval is not exempt from state prosecution and may not raise affirmative defense; additional penalty. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.310 Affirmative defenses. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

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. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.322 Registration of establishments: Requirements; expiration and renewal. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.328 Registration of establishments: Considerations in determining whether to issue registration certificate. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.336 Payment of child support: Statement by applicant for registration card or registration certificate; grounds for denial; duties of Department. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.340 Grounds for immediate revocation of registration certificate. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.342 Grounds for immediate revocation of registration card. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.344 Fees. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

Requirements Concerning Operation of Medical Marijuana Establishments

NRS 453A.350 Location, land use, appearance and signage; change of location; certain provisions inapplicable to dual licensee. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.354 Electronic verification system. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.356 Inventory control system. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.362 Requirements concerning storage and removal of medical marijuana; transport of medical marijuana to another establishment or between buildings of establishment. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

Miscellaneous Provisions

NRS 453A.364 Medical marijuana dispensary authorized to dispense marijuana to nonresidents of this State under certain circumstances. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.366 Designation of medical marijuana dispensary. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.368 Testing laboratories. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.369 Interlocal agreements. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.370 Regulations. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

SEARCH AND SEIZURE

NRS 453A.410 Forfeiture of assets seized. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

ACTIONS OF PROFESSIONAL LICENSING BOARDS

RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

MISCELLANEOUS PROVISIONS

NRS 453A.700 Duties of Division and Department concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.710 Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.720 Authority of the Administrator of the Division or designee concerning gifts, grants, donations and contributions; deposit of money in State Treasury. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.730 Deposit, use and disposition of money; administration of account. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.740 Regulations; fees. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)

NRS 453A.810 State not responsible for deleterious outcomes. Repealed. (See chapter 595, Statutes of Nevada 2019, at page 3896.)