[Rev. 12/21/2019 3:13:19 PM--2019]

CHAPTER 678C - MEDICAL USE OF CANNABIS

GENERAL PROVISIONS

NRS 678C.005        Definitions. [Effective July 1, 2020.]

NRS 678C.010        “Attending provider of health care” defined. [Effective July 1, 2020.]

NRS 678C.020        “Cachexia” defined. [Effective July 1, 2020.]

NRS 678C.030        “Chronic or debilitating medical condition” defined. [Effective July 1, 2020.]

NRS 678C.040        “Designated primary caregiver” defined. [Effective July 1, 2020.]

NRS 678C.050        “Division” defined. [Effective July 1, 2020.]

NRS 678C.060        “Inventory control system” defined. [Effective July 1, 2020.]

NRS 678C.070        “Letter of approval” defined. [Effective July 1, 2020.]

NRS 678C.080        “Registry identification card” defined. [Effective July 1, 2020.]

NRS 678C.090        “State prosecution” defined. [Effective July 1, 2020.]

NRS 678C.100        “Usable cannabis” defined. [Effective July 1, 2020.]

NRS 678C.110        “Written documentation” defined. [Effective July 1, 2020.]

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

NRS 678C.200        Holder of valid registry identification card or medical cannabis establishment license exempt from state prosecution for certain acts involving cannabis. [Effective July 1, 2020.]

NRS 678C.210        Holder of valid letter of approval exempt from state prosecution for certain acts involving cannabis. [Effective July 1, 2020.]

NRS 678C.220        Registry identification cards and letters of approval: Program for issuance; application. [Effective July 1, 2020.]

NRS 678C.230        Registry identification cards and letters of approval: Issuance to applicant; issuance of card to designated primary caregiver; required contents; duration; renewal. [Effective July 1, 2020.]

NRS 678C.240        Registry identification cards and letters of approval: Revocation; duties; judicial review; reapplication prohibited for 12 months. [Effective July 1, 2020.]

NRS 678C.250        Registry identification cards and letters of approval: Holder to notify Division of certain changes in information. [Effective July 1, 2020.]

NRS 678C.260        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. [Effective July 1, 2020.]

NRS 678C.270        Registry identification cards and letters of approval: Requirements concerning designation of primary caregiver. [Effective July 1, 2020.]

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

NRS 678C.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. [Effective July 1, 2020.]

NRS 678C.310        Affirmative defenses. [Effective July 1, 2020.]

PRODUCTION AND DISTRIBUTION OF MEDICAL CANNABIS

NRS 678C.400        Location, land use and signage for medical cannabis establishment; certain provisions inapplicable to dual licenses. [Effective July 1, 2020.]

NRS 678C.410        Actions with respect to cannabis required to be for certain purpose; medical cannabis establishment authorized to acquire cannabis from patient; certain provisions inapplicable to dual licensees. [Effective July 1, 2020.]

NRS 678C.420        Electronic verification system. [Effective July 1, 2020.]

NRS 678C.430        Inventory control system. [Effective July 1, 2020.]

NRS 678C.440        Duties of medical cannabis dispensaries relating to sale of cannabis and cannabis products and relating to legal limits on possession of cannabis for medical use. [Effective July 1, 2020.]

NRS 678C.450        Requirements concerning delivery of cannabis or cannabis products. [Effective July 1, 2020.]

NRS 678C.460        Requirements concerning storage, removal and transportation of cannabis for medical use. [Effective July 1, 2020.]

NRS 678C.470        Medical cannabis dispensary authorized to dispense cannabis to nonresidents of this State under certain circumstances. [Effective July 1, 2020.]

NRS 678C.480        Designation of medical cannabis dispensary. [Effective July 1, 2020.]

NRS 678C.490        Regulations. [Effective July 1, 2020.]

NRS 678C.500        Recommendation to Legislature. [Effective July 1, 2020.]

SEARCH AND SEIZURE

NRS 678C.600        Possession of registry identification card, letter of approval, license or registration card not permissible grounds for search or inspection; care and return of seized property. [Effective July 1, 2020.]

NRS 678C.610        Forfeiture of assets seized. [Effective July 1, 2020.]

ACTIONS OF PROFESSIONAL LICENSING BOARDS

NRS 678C.650        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 this chapter. [Effective July 1, 2020.]

NRS 678C.660        Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with this chapter. [Effective July 1, 2020.]

RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

NRS 678C.700        Program for evaluation and research of medical use of cannabis: Establishment by University of Nevada, Reno, School of Medicine; federal approval; participants and subjects; quarterly report. [Effective July 1, 2020.]

NRS 678C.710        Program for evaluation and research of medical use of cannabis: Duties of University of Nevada, Reno, School of Medicine concerning confidentiality. [Effective July 1, 2020.]

NRS 678C.720        Program for evaluation and research of medical use of cannabis: Authority of University of Nevada, Reno, School of Medicine concerning gifts, grants, donations or contributions for research program. [Effective July 1, 2020.]

NRS 678C.730        Program for evaluation and research of medical use of cannabis: Deposit, use and disposition of money; Department of Administration of University of Nevada, Reno, School of Medicine to administer account. [Effective July 1, 2020.]

MISCELLANEOUS PROVISIONS

NRS 678C.800        Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection. [Effective July 1, 2020.]

NRS 678C.810        Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations. [Effective July 1, 2020.]

NRS 678C.820        Authority of Board concerning gifts, grants, donations or contributions; deposit of money in State Treasury. [Effective July 1, 2020.]

NRS 678C.830        Deposit, use and disposition of money; administration of account. [Effective July 1, 2020.]

NRS 678C.840        Regulations; fees. [Effective July 1, 2020.]

NRS 678C.850        Effect of chapter. [Effective July 1, 2020.]

NRS 678C.860        State not responsible for deleterious outcomes from medical use of cannabis. [Effective July 1, 2020.]

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GENERAL PROVISIONS

      NRS 678C.005  Definitions. [Effective July 1, 2020.]  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 678C.010 to 678C.110, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2019, 3812, effective July 1, 2020)

      NRS 678C.010  “Attending provider of health care” defined. [Effective July 1, 2020.]  “Attending provider of health care” means a provider of health care, as defined in NRS 629.031, who:

      1.  Is licensed or certified to practice a profession which authorizes the person to write a prescription for a medication to treat a chronic or debilitating medical condition; and

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

      (Added to NRS by 2019, 3812, effective July 1, 2020)

      NRS 678C.020  “Cachexia” defined. [Effective July 1, 2020.]  “Cachexia” means general physical wasting and malnutrition associated with chronic disease.

      (Added to NRS by 2019, 3812, effective July 1, 2020)

      NRS 678C.030  “Chronic or debilitating medical condition” defined. [Effective July 1, 2020.]  “Chronic or debilitating medical condition” means:

      1.  Acquired immune deficiency syndrome;

      2.  An anxiety disorder;

      3.  An autism spectrum disorder;

      4.  An autoimmune disease;

      5.  Anorexia nervosa;

      6.  Cancer;

      7.  Dependence upon or addiction to opioids;

      8.  Glaucoma;

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

      (a) Cachexia;

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

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

      (d) Nausea; or

      (e) Severe or chronic pain;

      10.  A medical condition related to the human immunodeficiency virus;

      11.  A neuropathic condition, whether or not such condition causes seizures; or

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

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

      (b) Approved as a chronic or debilitating medical condition pursuant to a petition submitted in accordance with NRS 678C.810.

      (Added to NRS by 2019, 3812, effective July 1, 2020)

      NRS 678C.040  “Designated primary caregiver” defined. [Effective July 1, 2020.]

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

      (a) Is 18 years of age or older;

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

      (c) Is designated as such in the manner required pursuant to NRS 678C.270.

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

      (Added to NRS by 2019, 3813, effective July 1, 2020)

      NRS 678C.050  “Division” defined. [Effective July 1, 2020.]  “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (Added to NRS by 2019, 3813, effective July 1, 2020)

      NRS 678C.060  “Inventory control system” defined. [Effective July 1, 2020.]  “Inventory control system” means a process, device or other contrivance that may be used to monitor the chain of custody of cannabis from the point of cultivation to the end consumer.

      (Added to NRS by 2019, 3813, effective July 1, 2020)

      NRS 678C.070  “Letter of approval” defined. [Effective July 1, 2020.]  “Letter of approval” means a document issued by the Division to an applicant who is under 10 years of age pursuant to NRS 678C.230 which provides that the applicant is exempt from state prosecution for engaging in the medical use of cannabis.

      (Added to NRS by 2019, 3813, effective July 1, 2020)

      NRS 678C.080  “Registry identification card” defined. [Effective July 1, 2020.]  “Registry identification card” means a document issued by the Division or its designee that identifies:

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

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

      (Added to NRS by 2019, 3813, effective July 1, 2020)

      NRS 678C.090  “State prosecution” defined. [Effective July 1, 2020.]  “State prosecution” means prosecution initiated or maintained by the State of Nevada or an agency or political subdivision of the State of Nevada.

      (Added to NRS by 2019, 3813, effective July 1, 2020)

      NRS 678C.100  “Usable cannabis” defined. [Effective July 1, 2020.]

      1.  “Usable cannabis” means:

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

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

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

      (Added to NRS by 2019, 3813, effective July 1, 2020)

      NRS 678C.110  “Written documentation” defined. [Effective July 1, 2020.]  “Written documentation” means:

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

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

      (Added to NRS by 2019, 3813, effective July 1, 2020)

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

      NRS 678C.200  Holder of valid registry identification card or medical cannabis establishment license exempt from state prosecution for certain acts involving cannabis. [Effective July 1, 2020.]

      1.  Except as otherwise provided in this section and NRS 678C.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 678C.230 or 678C.270 is exempt from state prosecution for:

      (a) The possession, delivery or production of cannabis;

      (b) The possession or delivery of paraphernalia;

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

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

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

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

      2.  In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of cannabis in accordance with the provisions of this title.

      3.  The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 678C.230 and the designated primary caregiver, if any, of such a person:

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

      (b) Do not, at any one time, collectively possess with another who is authorized to possess, deliver or produce more than:

             (1) Two and one-half ounces of usable cannabis;

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

             (3) A maximum allowable quantity of cannabis products as established by regulation of the Board.

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

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

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

      (b) May establish an affirmative defense to charges of the possession, delivery or production of cannabis, or any combination of those acts, in the manner set forth in NRS 678C.310.

      5.  A person who holds a valid medical cannabis establishment license issued to the person pursuant to NRS 678B.210 or a valid cannabis establishment agent registration card issued to the person pursuant to NRS 678B.340 or a valid cannabis establishment agent registration card for a cannabis executive issued pursuant to NRS 678B.350 and who confines his or her activities to those authorized by this title, and the regulations adopted by the Board pursuant thereto, is exempt from state prosecution for:

      (a) The possession, delivery or production of cannabis;

      (b) The possession or delivery of paraphernalia;

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

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

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

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

      6.  Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical cannabis dispensary opens in the county of residence of a person who holds a registry identification card, including, without limitation, a designated primary caregiver, such a person is not authorized to cultivate, grow or produce cannabis. The provisions of this subsection do not apply if:

      (a) The person who holds the registry identification card was cultivating, growing or producing cannabis in accordance with state law on or before July 1, 2013;

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

      (c) Because of illness or lack of transportation, the person who holds the registry identification card is unable reasonably to travel to a medical cannabis dispensary; or

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

      7.  As used in this section, “cannabis” includes, without limitation, cannabis products.

      (Added to NRS by 2019, 3814, effective July 1, 2020)

      NRS 678C.210  Holder of valid letter of approval exempt from state prosecution for certain acts involving cannabis. [Effective July 1, 2020.]

      1.  Except as otherwise provided in this section and NRS 678C.300, a person who holds a valid letter of approval issued pursuant to NRS 678C.230 is exempt from state prosecution for:

      (a) The possession of cannabis;

      (b) The possession of paraphernalia;

      (c) Any combination of the acts described in paragraphs (a) and (b); and

      (d) Any other criminal offense in which the possession of cannabis or paraphernalia is an element.

      2.  The exemption from state prosecution set forth in subsection 1 applies only to the extent that the person who holds a letter of approval:

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

      (b) Does not, at any one time, collectively possess with his or her designated primary caregiver an amount of cannabis for medical purposes that exceeds the limits set forth in NRS 678C.200.

      3.  As used in this section, “cannabis” includes, without limitation, cannabis products.

      (Added to NRS by 2019, 3815, effective July 1, 2020)

      NRS 678C.220  Registry identification cards and letters of approval: Program for issuance; application. [Effective July 1, 2020.]

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

      2.  Except as otherwise provided in subsections 3 and 5 and NRS 678C.240, the Division or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Division accompanied by the following:

      (a) A signature from the person’s attending provider of health care affirming that:

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

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

             (3) The attending provider of health care has explained the possible risks and benefits of the medical use of cannabis; and

             (4) The attending provider of health care will keep, in the files maintained by the attending provider of health care for the person, valid, written documentation and make such written documentation available to the Division upon request;

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

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

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

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

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

             (2) A signature from the person’s attending provider of health care affirming that the attending provider of health care approves of the designation of the primary caregiver; and

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

      3.  The Division or its designee shall issue a registry identification card to a person who is at least 10 years of age but less than 18 years of age or a letter of approval to a person who is less than 10 years of age if:

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

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

             (1) The attending provider of health care of the person under 18 years of age is a physician licensed pursuant to chapter 630 or 633 of NRS and has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of cannabis;

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

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

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

      4.  Upon receipt of an application that is completed and submitted pursuant to this section, the Division shall:

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

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

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

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

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

             (3) One copy to the professional licensing board that has issued a license or certification to the attending provider of health care.

Ê The applicable professional licensing board shall report to the Division its findings as to the licensure or certification, as applicable, and standing of the applicant’s attending provider of health care within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c).

      5.  The Division shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within the period of time specified by the Division by regulation. The Division may contact an applicant, the applicant’s attending provider of health care and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Division may deny an application only on the following grounds:

      (a) The applicant failed to provide the information required pursuant to subsections 2 and 3, if applicable;

      (b) The applicant failed to comply with regulations adopted by the Division;

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

      (d) The Division determines that the attending provider of health care of the applicant is not licensed or certified in this State or is not in good standing, as reported by the applicable professional licensing board;

      (e) The Division has prohibited the applicant from obtaining or using a registry identification card or letter of approval pursuant to subsection 2 of NRS 678C.300;

      (f) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has had a registry identification card or letter of approval revoked pursuant to NRS 678C.240; or

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

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

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

      8.  Except as otherwise provided in this subsection, if a person has applied for a registry identification card or letter of approval pursuant to this section and the Division has not yet approved or denied the application, the person, and the person’s designated primary caregiver, if any, shall be deemed to hold a registry identification card or letter of approval and may present a copy of the application provided to him or her pursuant to subsection 4 as proof that the person is deemed to hold a registry identification card of letter of approval to any person, including, without limitation, a law enforcement officer or a cannabis establishment agent at a medical cannabis dispensary.

      9.  An attending provider of health care who signs an application pursuant to subsection 2 for a patient shall maintain valid, written documentation in the file the attending provider of health care maintains for the patient and make such written documentation available to the Division upon request.

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

      (Added to NRS by 2019, 3816, effective July 1, 2020)

      NRS 678C.230  Registry identification cards and letters of approval: Issuance to applicant; issuance of card to designated primary caregiver; required contents; duration; renewal. [Effective July 1, 2020.]

      1.  If the Division approves an application pursuant to subsection 5 of NRS 678C.220, the Division or its designee shall, as soon as practicable after the Division approves the application:

      (a) Issue a letter of approval or serially numbered registry identification card, as applicable, to the applicant; and

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

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

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

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

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

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

      (e) Whether the applicant is authorized to cultivate, grow or produce cannabis pursuant to subsection 6 of NRS 678C.200; and

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

      3.  A letter of approval issued pursuant to paragraph (a) of subsection 1 must set forth:

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

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

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

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

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

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

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

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

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

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

      (e) Whether the designated primary caregiver is authorized to cultivate, grow or produce cannabis pursuant to subsection 6 of NRS 678C.200; and

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

      5.  Except as otherwise provided in NRS 678C.240, subsection 3 of NRS 678C.250 and subsection 2 of NRS 678C.300, a registry identification card or letter of approval issued pursuant to this section is valid for a period of either 1 year or 2 years, as specified by the attending provider of health care on the application for the issuance or renewal of the registry identification card or letter of approval, and may be renewed in accordance with regulations adopted by the Division.

      (Added to NRS by 2019, 3818, effective July 1, 2020)

      NRS 678C.240  Registry identification cards and letters of approval: Revocation; duties; judicial review; reapplication prohibited for 12 months. [Effective July 1, 2020.]

      1.  If, at any time after the Division or its designee has issued a registry identification card or letter of approval to a person pursuant to paragraph (a) of subsection 1 of NRS 678C.230, the Division determines, on the basis of official documents or records or other credible evidence, that the person provided falsified information on his or her application to the Division or its designee, as described in paragraph (c) of subsection 5 of NRS 678C.220, the Division shall immediately revoke the registry identification card or letter of approval issued to that person and shall immediately revoke the registry identification card issued to that person’s designated primary caregiver, if any.

      2.  Upon the revocation of a registry identification card or letter of approval pursuant to this section:

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

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

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

      4.  A person whose registry identification card or letter of approval has been revoked pursuant to this section may not reapply for a registry identification card or letter of approval pursuant to NRS 678C.220 for 12 months after the date of the revocation, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.

      (Added to NRS by 2019, 3819, effective July 1, 2020)

      NRS 678C.250  Registry identification cards and letters of approval: Holder to notify Division of certain changes in information. [Effective July 1, 2020.]

      1.  A person to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 678C.230 shall, in accordance with regulations adopted by the Division:

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

      (b) Submit to the Division, on a form prescribed by the Division:

             (1) On or before the date specified by the attending provider of health care on the application for the issuance or renewal of the registry identification card or letter of approval pursuant to subsection 5 of NRS 678C.230, a signature from the person’s attending provider of health care affirming that:

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

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

                   (III) The attending provider of health care has explained to the person the possible risks and benefits of the medical use of cannabis; and

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

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

                   (II) A signature from the person’s attending provider of health care affirming that the attending provider of health care approves of the designation of the primary caregiver.

      2.  A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 678C.230 or pursuant to NRS 678C.270 shall, in accordance with regulations adopted by the Division, notify the Division of any change in the person’s name, address, telephone number, designated medical cannabis dispensary, if any, or the identity of the person for whom he or she acts as designated primary caregiver.

      3.  If a person fails to comply with the provisions of subsection 1 or 2, the registry identification card or letter of approval issued to the person shall be deemed expired. If the registry identification card or letter of approval of a person to whom the Division or its designee issued the card or letter pursuant to paragraph (a) of subsection 1 of NRS 678C.230 is deemed expired pursuant to this subsection, the registry identification card issued to the person’s designated primary caregiver, if any, shall also be deemed expired. Upon the deemed expiration of a registry identification card or letter of approval pursuant to this subsection:

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

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

      (Added to NRS by 2019, 3820, effective July 1, 2020)

      NRS 678C.260  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. [Effective July 1, 2020.]  If a person to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 678C.230 is diagnosed by the person’s attending provider of health care as no longer having a chronic or debilitating medical condition, the person shall return his or her registry identification card or letter of approval and his or her designated primary caregiver, if any, shall return his or her registry identification card to the Division within 7 days after notification of the diagnosis.

      (Added to NRS by 2019, 3821, effective July 1, 2020)

      NRS 678C.270  Registry identification cards and letters of approval: Requirements concerning designation of primary caregiver. [Effective July 1, 2020.]

      1.  If a person who applies to the Division for a registry identification card or letter of approval or to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 678C.230 desires or is required to designate a primary caregiver, the person must:

      (a) To designate a primary caregiver at the time of application, submit to the Division, on a form prescribed by the Division, the information required pursuant to paragraph (e) of subsection 2 of NRS 678C.220; or

      (b) To designate a primary caregiver after the Division or its designee has issued a registry identification card or letter of approval to the person, submit to the Division, on a form prescribed by the Division, the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 678C.250.

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

      3.  If a person designates a primary caregiver after the time that the person initially applies for a registry identification card or letter of approval, the Division or its designee shall, except as otherwise provided in subsection 5 of NRS 678C.220, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.

      4.  A person who is the parent or legal guardian of one or more children who are listed in the medical cannabis registry may be the designated primary caregiver for each such child regardless of whether the person is also listed in the medical cannabis registry as a patient.

      (Added to NRS by 2019, 3821, effective July 1, 2020)

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

      NRS 678C.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. [Effective July 1, 2020.]

      1.  A person who holds a registry identification card or letter of approval issued to him or her pursuant to NRS 678C.230 or 678C.270 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts:

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

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

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

      (d) Possessing cannabis in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566:

             (1) If the possession of the cannabis or paraphernalia is discovered because the person engaged or assisted in the medical use of cannabis in:

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

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

             (2) If the possession of the cannabis or paraphernalia occurs on school property.

      (e) Delivering cannabis to another person who he or she knows does not lawfully hold a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 678C.230 or 678C.270.

      (f) Delivering cannabis for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 678C.230 or 678C.270.

      2.  Except as otherwise provided in NRS 678C.240 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card or letter of approval for a period of up to 6 months.

      3.  Nothing in the provisions of this chapter shall be construed as in any manner affecting the provisions of chapter 678D of NRS relating to the adult use of cannabis.

      4.  As used in this section, “school property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

      (Added to NRS by 2019, 3821, effective July 1, 2020)

      NRS 678C.310  Affirmative defenses. [Effective July 1, 2020.]

      1.  Except as otherwise provided in this section and NRS 678C.300, it is an affirmative defense to a criminal charge of possession, delivery or production of cannabis, or any other criminal offense in which possession, delivery or production of cannabis is an element, that the person charged with the offense:

      (a) Is a person who:

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

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

             (3) Possesses, delivers or produces cannabis only in the amount described in paragraph (b) of subsection 3 of NRS 678C.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person’s attending provider of health care to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; or

      (b) Is a person who:

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

             (2) Possesses, delivers or produces cannabis only in the amount described in paragraph (b) of subsection 3 of NRS 678C.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person’s attending provider of health care to mitigate the symptoms or effects of the assisted person’s chronic or debilitating medical condition.

      2.  A person need not hold a registry identification card or letter of approval issued to the person by the Division or its designee pursuant to NRS 678C.230 or 678C.270 to assert an affirmative defense described in this section.

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

      (a) Asserting a defense of medical necessity; or

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

Ê if the amount of cannabis at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 678C.200 and the person has taken steps to comply substantially with the provisions of this chapter.

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

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

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

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

      (Added to NRS by 2019, 3822, effective July 1, 2020)

PRODUCTION AND DISTRIBUTION OF MEDICAL CANNABIS

      NRS 678C.400  Location, land use and signage for medical cannabis establishment; certain provisions inapplicable to dual licenses. [Effective July 1, 2020.]

      1.  Each medical cannabis establishment must:

      (a) Be located in a separate building or facility that is located in a commercial or industrial zone or overlay;

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

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

      2.  If a medical cannabis establishment is operated by a dual licensee, any provision of this section which is determined by the Board to be unreasonably impracticable pursuant to subsection 8 of NRS 678B.650 does not apply to the medical cannabis establishment.

      (Added to NRS by 2019, 3823, effective July 1, 2020)

      NRS 678C.410  Actions with respect to cannabis required to be for certain purpose; medical cannabis establishment authorized to acquire cannabis from patient; certain provisions inapplicable to dual licensees. [Effective July 1, 2020.]

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

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

      (b) Assist patients who possess valid registry identification cards or letters of approval by way of those patients’ designated primary caregivers; and

      (c) Return for a refund cannabis, medical edible cannabis products or medical cannabis-infused products to the medical cannabis establishment from which the cannabis, medical edible cannabis products or medical cannabis-infused products were acquired.

Ê For the purposes of this subsection, a person shall be deemed to be a patient who possesses a valid registry identification card or letter of approval if he or she qualifies for nonresident reciprocity pursuant to NRS 678C.470.

      2.  A medical cannabis dispensary and a medical cultivation facility may acquire usable cannabis or cannabis plants from a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver. Except as otherwise provided in this subsection, the patient or caregiver, as applicable, must receive no compensation for the cannabis. A patient who holds a valid registry identification card, and the designated primary caregiver of such a patient, or the designated primary caregiver of a person who holds a letter of approval may sell usable cannabis to a medical cannabis dispensary one time and may sell cannabis plants to a cultivation facility one time.

      3.  A medical cannabis production facility and a medical cannabis dispensary may acquire hemp, as defined in NRS 557.160, or a commodity or product made using such hemp from a grower or handler registered by the State Department of Agriculture pursuant to chapter 557 of NRS. A medical cannabis production facility may use hemp or a commodity or product made using such hemp to manufacture medical cannabis products. A medical cannabis dispensary may dispense hemp or a commodity or product made using such hemp and medical edible cannabis products and medical cannabis-infused products manufactured using hemp or a commodity or product made using such hemp.

      4.  A dual licensee:

      (a) Shall comply with the regulations adopted by the Board pursuant to subsection 7 of NRS 678B.650 with respect to the medical cannabis establishment operated by the dual licensee; and

      (b) May, to the extent authorized by such regulations, combine the location or operations of the medical cannabis establishment operated by the dual licensee with the adult-use cannabis establishment operated by the dual licensee.

      5.  If a medical cannabis establishment is operated by a dual licensee, any provision of this section which is determined by the Board to be unreasonably impracticable pursuant to subsection 8 of NRS 678B.650 does not apply to the medical cannabis establishment.

      (Added to NRS by 2019, 3824, effective July 1, 2020)

      NRS 678C.420  Electronic verification system. [Effective July 1, 2020.]

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

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

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

             (1) The number of the card;

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

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

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

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

      (d) Verification of the identity of a person to whom cannabis or medical cannabis products are sold or otherwise distributed.

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

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

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

      (Added to NRS by 2019, 3824, effective July 1, 2020)

      NRS 678C.430  Inventory control system. [Effective July 1, 2020.]

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

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

      (a) Insofar as is practicable, the chain of custody and current whereabouts, in real time, of cannabis from the point that it is harvested at a cannabis cultivation facility until it is sold at a medical cannabis dispensary and, if applicable, medical cannabis production facility;

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

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

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

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

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

      5.  If a medical cannabis establishment is operated by a dual licensee, the medical cannabis establishment may:

      (a) For the purpose of tracking cannabis for medical use, maintain a combined inventory with an adult-use cannabis establishment operated by the dual licensee; and

      (b) For the purpose of reporting on the inventory of the medical cannabis establishment operated by the dual licensee, maintain a combined inventory with an adult-use cannabis establishment operated by the dual licensee and report the combined inventory under a single medical cannabis establishment license or adult-use cannabis establishment license.

      6.  If a medical cannabis establishment is operated by a dual licensee, the medical cannabis establishment shall:

      (a) For the purpose of reporting on the sales of any medical cannabis establishment or adult-use cannabis establishment operated by the dual licensee, designate each sale as a sale pursuant to the provisions of this chapter or chapter 678D of NRS in its inventory control system at the point of sale; and

      (b) Verify that each person who purchases cannabis or cannabis products in a sale designated as a sale pursuant to the provisions of this chapter holds a valid registry identification card.

      (Added to NRS by 2019, 3825, effective July 1, 2020)

      NRS 678C.440  Duties of medical cannabis dispensaries relating to sale of cannabis and cannabis products and relating to legal limits on possession of cannabis for medical use. [Effective July 1, 2020.]

      1.  Each medical cannabis dispensary shall ensure all of the following:

      (a) The weight, concentration and content of THC in all cannabis and cannabis products that the dispensary sells is clearly and accurately stated on the product sold.

      (b) That the dispensary does not sell to a person, in any one transaction, more than 1 ounce of cannabis.

      (c) That, posted clearly and conspicuously within the dispensary, are the legal limits on the possession of cannabis for medical purposes, as set forth in NRS 678C.200.

      (d) That, posted clearly and conspicuously within the dispensary, is a sign stating unambiguously the legal limits on the possession of cannabis for medical purposes, as set forth in NRS 678C.200.

      (e) That only persons who are at least 21 years of age or hold a registry identification card or letter of approval are allowed to enter the premises of the medical cannabis dispensary.

      2.  A medical cannabis dispensary may, but is not required to, track the purchases of cannabis for medical purposes by any person to ensure that the person does not exceed the legal limits on the possession of cannabis for medical purposes, as set forth in NRS 678C.200. The Board shall not adopt a regulation or in any other way require a medical cannabis dispensary to track the purchases of a person or determine whether the person has exceeded the legal limits on the possession of cannabis for medical purposes, as set forth in NRS 678C.200.

      3.  A medical cannabis dispensary which is a dual licensee may, to the extent authorized by the regulations adopted by the Board pursuant to subsection 7 of NRS 678B.650, allow any person who is at least 21 years of age to enter the premises of the medical cannabis dispensary, regardless of whether such a person holds a valid registry identification card or letter of approval.

      4.  A medical cannabis dispensary shall not sell cannabis or cannabis products to a consumer through the use of, or accept a sale of cannabis or cannabis products from, a third party, intermediary business, broker or any other business that does not hold a medical cannabis establishment license for a medical cannabis dispensary.

      5.  A medical cannabis dispensary may contract with a third party or intermediary business to deliver cannabis or medical cannabis products to consumers only if:

      (a) Every sale of cannabis or cannabis products which is delivered by the third party or intermediary business is made directly from the medical cannabis dispensary or an Internet website, digital network or software application service of the medical cannabis dispensary;

      (b) The third party or intermediary business does not advertise that it sells, offers to sell or appears to sell cannabis or cannabis products or allows the submission of an order for cannabis or cannabis products; and

      (c) The delivery complies with the requirements of NRS 678C.450.

      (Added to NRS by 2019, 3826, effective July 1, 2020)

      NRS 678C.450  Requirements concerning delivery of cannabis or cannabis products. [Effective July 1, 2020.]

      1.  A medical cannabis dispensary may deliver cannabis or cannabis products to a person who holds a valid registry identification card or letter of approval if the delivery is made by a cannabis establishment agent who is authorized to make the delivery by the medical cannabis dispensary which sold the cannabis or cannabis product.

      2.  The Board may adopt regulations prescribing procedures and protocols for deliveries conducted pursuant to subsection 1.

      (Added to NRS by 2019, 3827, effective July 1, 2020)

      NRS 678C.460  Requirements concerning storage, removal and transportation of cannabis for medical use. [Effective July 1, 2020.]

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

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

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

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

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

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

      4.  A medical cannabis establishment may:

      (a) Transport medical cannabis to another medical cannabis establishment or between the buildings of the medical cannabis establishment; and

      (b) Enter into a contract with a third party to transport cannabis to another medical cannabis establishment or between the buildings of the medical cannabis establishment.

      (Added to NRS by 2019, 3827, effective July 1, 2020)

      NRS 678C.470  Medical cannabis dispensary authorized to dispense cannabis to nonresidents of this State under certain circumstances. [Effective July 1, 2020.]

      1.  A person who is not a resident of this State, but who is authorized to engage in the medical use of cannabis under the laws of his or her state or jurisdiction of residence, is deemed to hold a valid registry identification card for the purpose of the exemption from state prosecution described in subsection 1 of NRS 678C.200 if the person abides by the legal limits on the possession, delivery and production of cannabis for medical purposes in this State, as set forth in NRS 678C.200.

      2.  A medical cannabis dispensary may dispense cannabis to a person described in subsection 1 if the person presents to the medical cannabis dispensary any document which is valid to prove the authorization of the person to engage in the medical use of cannabis under the laws of his or her state or jurisdiction of residence. Such documentation may include, without limitation, written documentation from a physician or other provider of health care if, under the laws of the person’s state or jurisdiction of residence, written documentation from a physician or other provider of health care is sufficient to exempt the person from prosecution for engaging in the medical use of cannabis.

      (Added to NRS by 2019, 3827, effective July 1, 2020)

      NRS 678C.480  Designation of medical cannabis dispensary. [Effective July 1, 2020.]

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

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

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

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

      (Added to NRS by 2019, 3828, effective July 1, 2020)

      NRS 678C.490  Regulations. [Effective July 1, 2020.]  The Board shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of this chapter. Such regulations are in addition to any requirements set forth in statute and must, without limitation:

      1.  Establish procedures pursuant to which a medical cannabis dispensary will be notified by the Board if a patient who holds a valid registry identification card or letter of approval has chosen the dispensary as his or her designated medical cannabis dispensary, as described in NRS 678C.480.

      2.  Establish minimum requirements for hemp, as defined in NRS 557.160, which is used by a medical cannabis production facility or dispensed by a medical cannabis dispensary.

      3.  Set forth the amount of usable cannabis that a medical cannabis dispensary may dispense to a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver. Such an amount must not exceed the limits set forth in NRS 678C.200.

      4.  In cooperation with the applicable professional licensing boards, establish a system to:

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

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

      (c) Provide for the progressive discipline of attending providers of health care who advise the medical use of cannabis at a rate at which the Board, in consultation with the Division, and the applicable board, determine and agree to be unreasonably high.

      5.  Provide for the maintenance of a log by the Board, in consultation with the Division, of each person who is authorized to cultivate, grow or produce cannabis pursuant to subsection 6 of NRS 678C.200. The Board shall ensure that the contents of the log are available for verification by law enforcement personnel 24 hours a day.

      (Added to NRS by 2019, 3828, effective July 1, 2020)

      NRS 678C.500  Recommendation to Legislature. [Effective July 1, 2020.]  The Board may recommend to the Legislature any change to the quantity of usable cannabis that a medical cannabis dispensary may sell to a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver, that the Board determines to be appropriate.

      (Added to NRS by 2019, 3829, effective July 1, 2020)

SEARCH AND SEIZURE

      NRS 678C.600  Possession of registry identification card, letter of approval, license or registration card not permissible grounds for search or inspection; care and return of seized property. [Effective July 1, 2020.]

      1.  The fact that a person possesses a registry identification card or letter of approval issued to the person by the Division or its designee pursuant to NRS 678C.230 or 678C.270, a medical cannabis establishment license issued to the person by the Board or its designee pursuant to NRS 678B.210, a cannabis establishment agent registration card issued to the person by the Board or its designee pursuant to NRS 678B.340 or a cannabis establishment agent registration card for a cannabis executive issued to the person by the Board or its designee pursuant to NRS 678B.350 does not, alone:

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

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

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

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

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

      (c) Upon:

             (1) A decision not to prosecute;

             (2) The dismissal of charges; or

             (3) Acquittal,

Ê the law enforcement agency shall, to the extent permitted by law, return to that person any usable cannabis, cannabis plants, paraphernalia or other related property that was seized. The provisions of this subsection do not require a law enforcement agency to care for live cannabis plants.

      (Added to NRS by 2019, 3829, effective July 1, 2020)

      NRS 678C.610  Forfeiture of assets seized. [Effective July 1, 2020.]

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

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

      (Added to NRS by 2019, 3829, effective July 1, 2020)

ACTIONS OF PROFESSIONAL LICENSING BOARDS

      NRS 678C.650  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 this chapter. [Effective July 1, 2020.]  The applicable professional licensing boards shall not take any disciplinary action against an attending provider of health care on the basis that the attending provider of health care:

      1.  Regardless of whether the person is a resident of this State, advised a person whom the attending provider of health care has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending provider of health care knows has been so diagnosed by another provider of health care licensed or certified pursuant to the law of this State:

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

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

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

      2.  Provided or maintained the written documentation or signature, as applicable, required pursuant to paragraph (a) of subsection 2 of NRS 678C.220 for the issuance of a registry identification card or letter of approval or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 678C.250 for the renewal of a registry identification card or letter of approval, or any similar documentation required for the person to be authorized to engage in the medical use of cannabis pursuant to the laws of another state or jurisdiction, if:

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

      (b) The attending provider of health care has advised the person about the possible risks and benefits of the medical use of cannabis.

      (Added to NRS by 2019, 3829, effective July 1, 2020)

      NRS 678C.660  Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with this chapter. [Effective July 1, 2020.]  A professional licensing board shall not take any disciplinary action against a person licensed by the board on the basis that:

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

      2.  The person acts as or has acted as the designated primary caregiver of a person who holds a registry identification card or letter of approval issued to him or her pursuant to paragraph (a) of subsection 1 of NRS 678C.230.

      (Added to NRS by 2019, 3830, effective July 1, 2020)

RESEARCH; APPROVAL OF FEDERAL GOVERNMENT

      NRS 678C.700  Program for evaluation and research of medical use of cannabis: Establishment by University of Nevada, Reno, School of Medicine; federal approval; participants and subjects; quarterly report. [Effective July 1, 2020.]

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

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

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

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

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

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

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

      (Added to NRS by 2019, 3830, effective July 1, 2020)

      NRS 678C.710  Program for evaluation and research of medical use of cannabis: Duties of University of Nevada, Reno, School of Medicine concerning confidentiality. [Effective July 1, 2020.]

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

      (a) The contents of any applications, records or other written materials that the School of Medicine creates or receives pursuant to the research program described in NRS 678C.700; or

      (b) The name or any other identifying information of a person who has applied to or who participates in the research program described in NRS 678C.700.

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

      2.  Notwithstanding the provisions of subsection 1, the School of Medicine may release the name and other identifying information of a person who has applied to or who participates in the research program described in NRS 678C.700 to:

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

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

      (Added to NRS by 2019, 3831, effective July 1, 2020)

      NRS 678C.720  Program for evaluation and research of medical use of cannabis: Authority of University of Nevada, Reno, School of Medicine concerning gifts, grants, donations or contributions for research program. [Effective July 1, 2020.]

      1.  The Department of Administration of the University of Nevada, Reno, School of Medicine may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of NRS 678C.700.

      2.  Any money the Department of Administration receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 678C.730.

      (Added to NRS by 2019, 3831, effective July 1, 2020)

      NRS 678C.730  Program for evaluation and research of medical use of cannabis: Deposit, use and disposition of money; Department of Administration of University of Nevada, Reno, School of Medicine to administer account. [Effective July 1, 2020.]

      1.  Any money the Department of Administration of the University of Nevada, Reno, School of Medicine receives pursuant to NRS 678C.720 or that is appropriated to carry out the provisions of NRS 678C.700:

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

      (b) May only be used to carry out the provisions of NRS 678C.700, including the dissemination of information concerning the provisions of that section and such other information as is determined appropriate by the Department of Administration; and

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

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

      (Added to NRS by 2019, 3831, effective July 1, 2020)

MISCELLANEOUS PROVISIONS

      NRS 678C.800  Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection. [Effective July 1, 2020.]

      1.  Except as otherwise provided in this section, NRS 239.0155 and 360.255 and subsection 4 of NRS 678C.220, the Division shall not disclose the name or other identifying information of:

      (a) An attending provider of health care; or

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

Ê Except as otherwise provided in NRS 239.0115 and 360.255, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      2.  Notwithstanding the provisions of subsection 1, the Division or its designee:

      (a) Shall release the name and other identifying information of a person who has applied for a registry identification card to authorized employees of the Division of Parole and Probation of the Department of Public Safety, if notified by the Division of Parole and Probation that the applicant is on parole or probation.

      (b) May release the name and other identifying information of a person to whom the Division or its designee has issued a registry identification card or letter of approval to:

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

             (2) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card or letter of approval issued to him or her pursuant to NRS 678C.230 or 678C.270.

      (Added to NRS by 2019, 3832, effective July 1, 2020)

      NRS 678C.810  Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations. [Effective July 1, 2020.]

      1.  A person may submit to the Division a petition requesting that a particular disease or condition be included among the diseases and conditions that qualify as chronic or debilitating medical conditions pursuant to NRS 678C.030.

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

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

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

      (Added to NRS by 2019, 3832, effective July 1, 2020)

      NRS 678C.820  Authority of Board concerning gifts, grants, donations or contributions; deposit of money in State Treasury. [Effective July 1, 2020.]

      1.  The Administrator of the Division or his or her designee may apply for or accept any gifts, grants, donations or contributions from any source to carry out the provisions of this chapter governing the issuance of registry identification cards and letters of approval and the regulation of the holders of such cards and letters.

      2.  Any money the Administrator or his or her designee receives pursuant to subsection 1 must be deposited in the State Treasury pursuant to NRS 678C.830.

      (Added to NRS by 2019, 3832, effective July 1, 2020)

      NRS 678C.830  Deposit, use and disposition of money; administration of account. [Effective July 1, 2020.]

      1.  Any money the Division receives pursuant to NRS 678C.820 or that is appropriated to carry out the provisions of this chapter governing the issuance of registry identification cards and letters of approval and the regulation of the holders of such cards and letters:

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

      (b) May only be used to carry out:

             (1) The provisions of this chapter governing the issuance of registry identification cards and letters of approval and the regulation of the holders of such cards and letters, including the dissemination of information concerning those provisions and such other information as determined appropriate by the Division;

             (2) Programs for alcohol or substance use disorders pursuant to NRS 458.094; and

             (3) Research performed by an institution of the Nevada System of Higher Education on services relating to alcohol and other substance use disorders; and

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

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

      (Added to NRS by 2019, 3832, effective July 1, 2020)

      NRS 678C.840  Regulations; fees. [Effective July 1, 2020.]  The Administrator of the Division shall adopt such regulations as the Administrator determines are necessary to carry out the provisions of this chapter governing the issuance of registry identification cards and letters of approval and the regulation of the holders of such cards and letters. The regulations must set forth, without limitation:

      1.  Procedures pursuant to which the Division will issue a registry identification card or letter of approval or cause a registry identification card to be prepared and issued to a qualified person.

      2.  Fees for processing and issuing a registry identification card or letter of approval, which must not exceed:

      (a) For a registry identification card or letter of approval which is valid for 1 year, $50.

      (b) For a registry identification card or letter of approval which is valid for 2 years, $100.

      (Added to NRS by 2019, 3833, effective July 1, 2020)

      NRS 678C.850  Effect of chapter. [Effective July 1, 2020.]  The provisions of this chapter do not:

      1.  Require an insurer, organization for managed care or any person or entity who provides coverage for a medical or health care service to pay for or reimburse a person for costs associated with the medical use of cannabis.

      2.  Require any employer to allow the medical use of cannabis in the workplace.

      3.  Except as otherwise provided in subsection 4, require an employer to modify the job or working conditions of a person who engages in the medical use of cannabis that are based upon the reasonable business purposes of the employer but the employer must attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of cannabis if the employee holds a valid registry identification card, provided that such reasonable accommodation would not:

      (a) Pose a threat of harm or danger to persons or property or impose an undue hardship on the employer; or

      (b) Prohibit the employee from fulfilling any and all of his or her job responsibilities.

      4.  Prohibit a law enforcement agency from adopting policies and procedures that preclude an employee from engaging in the medical use of cannabis.

      5.  As used in this section, “law enforcement agency” means:

      (a) The Office of the Attorney General, the office of a district attorney within this State or the Nevada Gaming Control Board and any attorney, investigator, special investigator or employee who is acting in his or her professional or occupational capacity for such an office or the Nevada Gaming Control Board; or

      (b) Any other law enforcement agency within this State and any peace officer or employee who is acting in his or her professional or occupational capacity for such an agency.

      (Added to NRS by 2019, 3833, effective July 1, 2020)

      NRS 678C.860  State not responsible for deleterious outcomes from medical use of cannabis. [Effective July 1, 2020.]  The State must not be held responsible for any deleterious outcomes from the medical use of cannabis by any person.

      (Added to NRS by 2019, 3834, effective July 1, 2020)