[Rev. 12/21/2019 3:13:33 PM--2019]

CHAPTER 678D - ADULT USE OF CANNABIS

GENERAL PROVISIONS

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

NRS 678D.010        “Concentrated cannabis” defined. [Effective July 1, 2020.]

NRS 678D.020        “Enclosed, locked facility” defined. [Effective July 1, 2020.]

NRS 678D.030        “State prosecution” defined. [Effective July 1, 2020.]

NRS 678D.040        “Usable cannabis” defined. [Effective July 1, 2020.]

LIMITED EXEMPTION FROM STATE PROSECUTION

NRS 678D.200        Person 21 years of age or older or holder of adult-use cannabis establishment license exempt from state prosecution for certain acts involving cannabis. [Effective July 1, 2020.]

PROHIBITED ACTS

NRS 678D.300        Acts for which person 21 years of age or older or holder of adult-use cannabis establishment license not exempt from state prosecution. [Effective July 1, 2020.]

NRS 678D.310        Violations and penalties. [Effective July 1, 2020.]

PRODUCTION AND DISTRIBUTION OF ADULT-USE CANNABIS

NRS 678D.400        Adult-use cannabis cultivation facility authorized to cultivate outdoors if sufficiently hidden and adequately isolated; regulations. [Effective July 1, 2020.]

NRS 678D.410        License required for transportation of cannabis for adult use and adult-use cannabis products; exceptions. [Effective July 1, 2020.]

NRS 678D.420        Requirements and restrictions concerning packaging and labeling of adult-use cannabis products. [Effective July 1, 2020.]

NRS 678D.430        Requirements and restrictions concerning advertising by adult-use cannabis establishment; local government not prohibited from adopting more restrictive regulations concerning advertising. [Effective July 1, 2020.]

NRS 678D.440        Requirements for transportation of cannabis intended for adult use and adult-use cannabis products; regulations. [Effective July 1, 2020.]

NRS 678D.450        Grounds for immediate revocation of registration card. [Effective July 1, 2020.]

MISCELLANEOUS PROVISIONS

NRS 678D.500        Regulations; information about consumers. [Effective July 1, 2020.]

NRS 678D.510        Effect of chapter. [Effective July 1, 2020.]

_________

GENERAL PROVISIONS

      NRS 678D.005  Definitions. [Effective July 1, 2020.]  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 678D.010 to 678D.040, inclusive, have the meanings ascribed to them in those sections.

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

      NRS 678D.010  “Concentrated cannabis” defined. [Effective July 1, 2020.]  “Concentrated cannabis” has the meaning ascribed to it in NRS 453.042.

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

      NRS 678D.020  “Enclosed, locked facility” defined. [Effective July 1, 2020.]  “Enclosed, locked facility” has the meaning ascribed to it in NRS 678B.040.

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

      NRS 678D.030  “State prosecution” defined. [Effective July 1, 2020.]  “State prosecution” has the meaning ascribed to it in NRS 678C.090.

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

      NRS 678D.040  “Usable cannabis” defined. [Effective July 1, 2020.]  “Usable cannabis” has the meaning ascribed to it in NRS 678C.100.

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

LIMITED EXEMPTION FROM STATE PROSECUTION

      NRS 678D.200  Person 21 years of age or older or holder of adult-use cannabis establishment license exempt from state prosecution for certain acts involving cannabis. [Effective July 1, 2020.]

      1.  Except as otherwise provided in NRS 678D.300, a person who is 21 years of age or older 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 adult 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:

      (a) Is 21 years of age or older;

      (b) Is not employed by any agency or political subdivision of this State in a position which requires the person to be certified by the Peace Officers’ Standards and Training Commission;

      (c) Engages in the adult use of cannabis in accordance with the provisions of this title;

      (d) Does not, at any one time, possess, deliver or produce more than:

             (1) One ounce of usable cannabis;

             (2) One-eighth of an ounce of concentrated cannabis;

             (3) Six cannabis plants, irrespective of whether the cannabis plants are mature or immature; and

             (4) A maximum allowable quantity of adult-use cannabis products as established by regulation of the Board;

      (e) Cultivates, grows or produces not more than six cannabis plants:

             (1) Within an enclosed area that is not exposed to public view that is equipped with locks or other security devices which allow access only by an authorized person; and

             (2) At a residence or upon the grounds of a residence in which not more than 12 cannabis plants are cultivated, grown or produced;

      (f) Delivers 1 ounce or less of usable cannabis or one-eighth of an ounce or less of concentrated cannabis without remuneration to a person who is 21 years of age or older so long as such delivery is not advertised or promoted to the public; and

      (g) Assists another person who is 21 years of age or older in carrying out any of the acts described in paragraphs (a) to (f), inclusive.

      4.  If a person possesses, uses or produces cannabis in an amount which exceeds the amount set forth in paragraph (d) of subsection 3 or in any manner other than that set forth in subsection 3, the person is not exempt from state prosecution for the possession, delivery or production of cannabis.

      5.  A person who holds an adult-use cannabis establishment license issued to the person pursuant to NRS 678B.210, a cannabis establishment agent registration card issued to the person pursuant to NRS 678B.340 or a cannabis establishment agent registration card for a cannabis executive issued to the person pursuant to NRS 678B.350, and 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.  The commission of any act by a person for which the person is exempt from state prosecution pursuant to this section must not be used as the basis for the seizure or forfeiture of any property of the person or for the imposition of a civil penalty.

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

PROHIBITED ACTS

      NRS 678D.300  Acts for which person 21 years of age or older or holder of adult-use cannabis establishment license not exempt from state prosecution. [Effective July 1, 2020.]

      1.  A person is not exempt from state prosecution for 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 in the adult 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) Knowingly delivering cannabis to another person who is not 21 years of age or older unless:

             (1) The recipient holds a valid registry identification card or letter of approval issued to the person by the Board or its designee pursuant to NRS 678C.230 or 678C.270.

             (2) The person demanded and was shown bona fide documentary evidence of the age and identity of the recipient issued by a federal, state, county or municipal government, or subdivision or agency thereof.

      2.  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, 3835, effective July 1, 2020)

      NRS 678D.310  Violations and penalties. [Effective July 1, 2020.]

      1.  Except as otherwise provided in chapter 678C of NRS, any person shall not:

      (a) Cultivate cannabis within 25 miles of an adult-use cannabis retail store licensed pursuant to chapter 678B of NRS, unless the person is an adult-use cannabis cultivation facility or is a cannabis establishment agent volunteering at, employed by or providing labor to an adult-use cannabis cultivation facility;

      (b) Cultivate cannabis plants where they are visible from a public place by normal unaided vision; or

      (c) Cultivate cannabis on property not in the cultivator’s lawful possession or without the consent of the person in lawful physical possession of the property.

      2.  A person who violates the provisions of subsection 1 is guilty of:

      (a) For a first violation, a misdemeanor punished by a fine of not more than $600.

      (b) For a second violation, a misdemeanor punished by a fine of not more than $1,000.

      (c) For a third violation, a gross misdemeanor.

      (d) For a fourth or subsequent violation, a category E felony.

      3.  A person who smokes or otherwise consumes cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle is guilty of a misdemeanor punished by a fine of not more than $600.

      4.  A person under 21 years of age who falsely represents himself or herself to be 21 years of age or older to obtain cannabis is guilty of a misdemeanor.

      5.  A person under 21 years of age who knowingly enters, loiters or remains on the premises of an adult-use cannabis establishment shall be punished by a fine of not more than $500 unless the person is authorized to possess cannabis pursuant to chapter 678C of NRS and the adult-use cannabis establishment is a dual licensee.

      6.  A person who manufactures cannabis by chemical extraction or chemical synthesis, unless done pursuant to an adult-use cannabis establishment license for an adult-use cannabis production facility issued by the Board or authorized by this title, is guilty of a category E felony.

      7.  A person who knowingly gives cannabis or a cannabis product to any person under 21 years of age or who knowingly leaves or deposits any cannabis or cannabis product in any place with the intent that it will be procured by any person under 21 years of age is guilty of a misdemeanor.

      8.  A person who knowingly gives cannabis to any person under 18 years of age or who knowingly leaves or deposits any cannabis in any place with the intent that it will be procured by any person under 18 years of age is guilty of a gross misdemeanor.

      (Added to NRS by 2019, 3836, effective July 1, 2020)

PRODUCTION AND DISTRIBUTION OF ADULT-USE CANNABIS

      NRS 678D.400  Adult-use cannabis cultivation facility authorized to cultivate outdoors if sufficiently hidden and adequately isolated; regulations. [Effective July 1, 2020.]  An adult-use cultivation facility may cultivate cannabis outdoors if the outdoor cultivation is sufficiently hidden from public view and adequately isolated. The Board shall adopt regulations establishing requirements for the outdoor cultivation of cannabis.

      (Added to NRS by 2019, 3837, effective July 1, 2020)

      NRS 678D.410  License required for transportation of cannabis for adult use and adult-use cannabis products; exceptions. [Effective July 1, 2020.]  An adult-use cannabis establishment shall not transport cannabis or adult-use edible cannabis products or adult-use cannabis-infused products to an adult-use cannabis retail store unless the adult-use cannabis establishment:

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

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

      3.  Is an adult-use cannabis independent testing laboratory transporting samples for testing; or

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

      (Added to NRS by 2019, 3837, effective July 1, 2020)

      NRS 678D.420  Requirements and restrictions concerning packaging and labeling of adult-use cannabis products. [Effective July 1, 2020.]

      1.  An adult-use edible cannabis product or an adult-use cannabis-infused product must be labeled in a manner which indicates the number of servings of THC in the product, measured in servings of a maximum of 10 milligrams per serving.

      2.  An adult-use cannabis product must be sold in a single package. A single package must not contain:

      (a) More than 1 ounce of usable cannabis or one-eighth of an ounce of concentrated cannabis.

      (b) For an adult-use cannabis product sold as a capsule, more than 100 milligrams of THC per capsule or more than 800 milligrams of THC per package.

      (c) For an adult-use cannabis product sold as a tincture, more than 800 milligrams of THC.

      (d) For an adult-use edible cannabis product, more than 100 milligrams of THC.

      (e) For an adult-use cannabis product sold as a topical product, a concentration of more than 6 percent THC or more than 800 milligrams of THC per package.

      (f) For an adult-use cannabis product sold as a suppository or transdermal patch, more than 100 milligrams of THC per suppository or transdermal patch or more than 800 milligrams of THC per package.

      (g) For any other adult-use cannabis product, more than 800 milligrams of THC.

      (Added to NRS by 2019, 3838, effective July 1, 2020)

      NRS 678D.430  Requirements and restrictions concerning advertising by adult-use cannabis establishment; local government not prohibited from adopting more restrictive regulations concerning advertising. [Effective July 1, 2020.]

      1.  An adult-use cannabis establishment:

      (a) Shall not engage in advertising which contains any statement or illustration that:

             (1) Is false or misleading;

             (2) Promotes overconsumption of cannabis or cannabis products;

             (3) Depicts the actual consumption of cannabis or cannabis products; or

             (4) Depicts a child or other person who is less than 21 years of age consuming cannabis or cannabis products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of cannabis or cannabis products by a person who is less than 21 years of age.

      (b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.

      (c) Shall not place an advertisement:

             (1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;

             (2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation; or

             (3) At a sports or entertainment event to which persons who are less than 21 years of age are allowed entry.

      (d) Shall not advertise or offer any cannabis or cannabis product as “free” or “donated” without a purchase.

      (e) Shall ensure that all advertising by the adult-use cannabis establishment contains such warnings as may be prescribed by the Board, which must include, without limitation, the following words:

             (1) “Keep out of reach of children”; and

             (2) “For use only by adults 21 years of age and older.”

      2.  Nothing in subsection 1 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to cannabis which is more restrictive than the provisions of subsection 1 relating to:

      (a) The number, location and size of signs, including, without limitation, any signs carried or displayed by a natural person;

      (b) Handbills, pamphlets, cards or other types of advertisements that are distributed, excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media; and

      (c) Any stationary or moving display that is located on or near the premises of an adult-use cannabis establishment.

      3.  If an adult-use cannabis establishment is operated by a dual licensee, the adult-use cannabis establishment may:

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

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

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

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

      (b) Verify that each person who purchases cannabis or cannabis products in a sale designated as a sale pursuant to the provisions of chapter 678C of NRS holds a valid registry identification card.

      5.  An adult-use cannabis retail store shall not sell cannabis or cannabis products 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 an adult-use cannabis establishment license.

      6.  An adult-use cannabis retail store may contract with a third party or intermediary business to deliver cannabis or cannabis products 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 adult-use cannabis retail store or an Internet website, digital network or software application service of the adult-use cannabis retail store;

      (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;

      (c) In addition to any other requirements imposed by the Board by regulation, the name of the adult-use cannabis retail store and all independent contractors who perform deliveries on behalf of the adult-use cannabis retail store has been published on the Internet website of the Board; and

      (d) The delivery is made by a cannabis establishment agent who is authorized to make the delivery by the adult-use cannabis retail store by which he or she is employed.

      7.  As used in this section, “motor vehicle used for public transportation” does not include a taxicab, as defined in NRS 706.124.

      (Added to NRS by 2019, 3838, effective July 1, 2020)

      NRS 678D.440  Requirements for transportation of cannabis intended for adult use and adult-use cannabis products; regulations. [Effective July 1, 2020.]

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

      2.  An adult-use cannabis establishment shall not transport cannabis or cannabis products to an adult-use cannabis retail store unless the adult-use cannabis establishment holds an adult-use cannabis establishment license for an adult-use cannabis distributor.

      3.  An adult-use cannabis distributor shall not purchase or sell cannabis or cannabis products unless the adult-use cannabis distributor also holds an adult-use cannabis establishment license for a type of adult-use cannabis establishment authorized by law to purchase or sell cannabis or cannabis products.

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

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

      6.  The Board may adopt regulations establishing additional requirements for the operations of an adult-use cannabis distributor.

      (Added to NRS by 2019, 3840, effective July 1, 2020)

      NRS 678D.450  Grounds for immediate revocation of registration card. [Effective July 1, 2020.]  The following acts constitute grounds for the immediate revocation of the cannabis establishment agent registration card of a cannabis establishment agent:

      1.  Having committed or committing any excluded felony offense.

      2.  Dispensing, delivering or otherwise transferring cannabis to a person who is not authorized by law to possess cannabis in accordance with the provisions of this title.

      3.  Having been electronically recorded by a video monitoring system stealing cannabis or cannabis products.

      4.  Having been convicted of any crime involving the theft of cannabis or cannabis products.

      5.  Having been electronically recorded by a video monitoring system smoking or otherwise consuming cannabis on the premises of a cannabis establishment.

      6.  Intentionally submitting to the Board or a local government any document required under the provisions of this title which is false or contains any material misstatement of fact.

      7.  Violating a regulation of the Board, the violation of which is stated to be grounds for immediate revocation of a cannabis establishment agent registration card.

      (Added to NRS by 2019, 2339, effective July 1, 2020) — (Substituted in revision for NRS 453D.228)

MISCELLANEOUS PROVISIONS

      NRS 678D.500  Regulations; information about consumers. [Effective July 1, 2020.]  The Board may adopt regulations necessary or convenient to carry out the provisions of this chapter. Such regulations must not require a consumer to provide an adult-use cannabis retail store with personally identifiable information other than government-issued identification to determine the age of the consumer.

      (Added to NRS by 2019, 3840, effective July 1, 2020)

      NRS 678D.510  Effect of chapter. [Effective July 1, 2020.]

      1.  The provisions of this chapter do not prohibit:

      (a) A public or private employer from maintaining, enacting and enforcing a workplace policy prohibiting or restricting actions or conduct otherwise permitted under this chapter;

      (b) A state or local governmental agency that occupies, owns or controls a building from prohibiting or otherwise restricting the consumption, cultivation, processing, manufacture, sale, delivery or transfer of cannabis in that building;

      (c) A person who occupies, owns or controls a privately owned property from prohibiting or otherwise restricting the smoking, cultivation, processing, manufacture, sale, delivery or transfer of cannabis on that property; or

      (d) A local government from adopting and enforcing local cannabis control measures pertaining to zoning and land use for adult-use cannabis establishments.

      2.  Nothing in the provisions of this chapter shall be construed as in any manner affecting the provisions of chapter 678C of NRS relating to the medical use of cannabis.

      (Added to NRS by 2019, 3836, effective July 1, 2020)