5 Nevada Cannabis Laws You Must Know

Nevada's medical marijuana sales began in 2015 and legal Adult Use followed when the Regulation and Taxation of Marijuana Act, or Question 2, was approved by voters in November 2016.

This post outlines some important Nevada rules and regulations for cannabis dispensaries.

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Law #1: Establishment Agents

Law: NCCR 7.015 Duties of cannabis establishment agent before sale to consumer. Before a cannabis establishment agent sells cannabis or cannabis products to a consumer, the cannabis establishment agent shall:

1. Verify the age of the consumer by checking a government-issued identification card containing a photograph of the consumer using an identification scanner approved by the appropriate Board Agent to determine the validity of any government-issued identification card; 2. Offer any appropriate consumer education or support materials; and

3. Enter the following information into the inventory control system: (a) The amount of cannabis or cannabis product sold; (b) The date and time at which the cannabis or cannabis product was sold; (c) The number of the cannabis establishment agent registration card of the cannabis establishment agent; and (d) The number of the license for the cannabis establishment.

Explained:

Budtenders in Nevada are required to verify age of the consumer using a scanner approved by the Cannabis Compliance Board.

Budtenders are also required to offer any appropriate consumer education materials throughout the transaction.

Budtenders must carefully enter the following into the inventory control system:

• The amount of cannabis or cannabis product sold.

• The date and time at which the cannabis or cannabis product was sold.

• The number of the cannabis establishment agent registration card of the person who sold the cannabis.

• The cannabis establishment license number.

Law #2: Required Disclosures and Warnings

Law: NCCR 12.010 – 12.065 outline the packaging and labeling requirements in detail. This section specifically addresses NCCR 12.050, which outlines the required disclosures and warnings that must accompany the sale of cannabis products. Please note that the requirements differ for medical products.

NCCR 12.050 Cannabis sales facility: Required disclosures and warnings. 1. A cannabis sales facility must provide with all usable cannabis sold at retail accompanying material that discloses any pesticides applied to the cannabis plants and growing medium during production and processing. 2. A cannabis sales facility must provide with all usable cannabis and cannabis products sold at retail a written notification which contains the following warnings: (a) That cannabis and cannabis products must be kept out of the reach of children; (b) That cannabis and cannabis products can cause severe illness in children; (c) That allowing children to ingest cannabis or cannabis products or storing cannabis or cannabis products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect; (d) “THE INTOXICATING EFFECTS OF CANNABIS MAY BE DELAYED BY 2 HOURS OR MORE AND USERS OF CANNABIS PRODUCTS SHOULD INITIALLY INGEST A SMALL AMOUNT OF THE PRODUCT CONTAINING NO MORE THAN 10 MILLIGRAMS OF THC, THEN WAIT AT LEAST 2 HOURS BEFORE INGESTING ANY ADDITIONAL AMOUNT OF THE PRODUCT”; (e) “This product may have intoxicating effects and may be habit forming. Smoking is hazardous to your health”; (f) “Ingesting cannabis or cannabis products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and a person should consult with a physician before doing so”; (g) “There may be health risks associated with consumption of this product”; (h) “Pregnant women should consult with a physician before ingesting cannabis or cannabis products”; (i) “Cannabis or cannabis products can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of cannabis or cannabis products”; and (j) “Ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.” 3. The text used on all accompanying material and warnings must be printed in at least 12-point font and may not be in italics.

Explained:

Cannabis sales facilities must provide the following disclosures and warnings along with each sale of cannabis products:

• “THE INTOXICATING EFFECTS OF CANNABIS MAY BE DELAYED BY 2 HOURS OR MORE AND USERS OF CANNABIS PRODUCTS SHOULD INITIALLY INGEST A SMALL AMOUNT OF THE PRODUCT CONTAINING NO MORE THAN 10 MILLIGRAMS OF THC, THEN WAIT AT LEAST 2 HOURS BEFORE INGESTING ANY ADDITIONAL AMOUNT OF THE PRODUCT.”

• “This product may have intoxicating effects and may be habit forming. Smoking is hazardous to your health.”

• “Ingesting cannabis or cannabis products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and a person should consult with a physician before doing so.”

• “There may be health risks associated with consumption of this product.”

• “Pregnant women should consult with a physician before ingesting cannabis or cannabis products.”

• “Cannabis or cannabis products can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of cannabis or cannabis products”.

• “Ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.”

• There are detailed requirements for packaging and labeling of cannabis products as it pertains to labeling of cannabinoid concentration, additional warning statements, attractiveness to minors, and other considerations. Consult with your legal counsel for additional information.

Law #3: Advertising

Law: NCCR 6.120 Restrictions on advertising; required posting of signs in cannabis sales facility. 1. A 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 what appears to be cannabis or cannabis products; or (4) Depicts a child or other person who appears to be 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; (3) At a sports or entertainment event to which persons who are less than 21 years of age are allowed entry; (4) On or inside of a motor vehicle used by a cannabis establishment for private transportation; (5) On signs carried by a natural person, including, without limitation, handbills, pamphlets, cards or other types of advertisements that are distributed to the general public, but excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media; and (6) Where prohibited by local ordinance. (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 cannabis establishment contains such warnings as may be prescribed by the Board, which must be visible, legible, and 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.”

NCCR 7.030 Products required to be offered for sale; restrictions on sale of other products; restrictions on advertising. 1. A cannabis sales facility shall only offer for sale cannabis, cannabis products, cannabis paraphernalia, cannabis-related accessories, products containing CBD and products containing industrial hemp which are related to cannabis. 2. Each cannabis sales facility shall offer for sale containers for the storage of cannabis and cannabis products which lock and are designed to prohibit children from unlocking and opening the container. 3. A cannabis sales facility shall not sell any food, beverage or personal care item that does not contain cannabis. 4. A cannabis sales facility shall not sell any product that contains nicotine. 5. A cannabis sales facility shall not sell any product that contains alcohol if the product would require the cannabis sales facility to hold a license issued pursuant to chapter 369 of NRS. 6. A cannabis sales facility 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 license for a cannabis sales facility in this State. 7. A cannabis sales facility shall not contract with a third party or intermediary business to advertise delivery to consumers. This section applies to advertising only and not delivery services. 8. A cannabis sales facility shall not recommend products to women that are pregnant or breastfeeding.

Please also see the Cannabis Compliance Board’s Cannabis Advertising Guide for more details.

Explained:

• Advertising must include the following warnings: "Keep Out of Reach of Children" and "For Use Only by Adults 21 Years of Age or Older."

• Advertising is not permitted within 1,000 feet of the property line of public and private schools, daycares, playgrounds, parks, community centers, and libraries. This includes vehicle wraps and mobile billboards.

• Sporting Events: Advertising is not permitted at sporting events in which persons who are under 21 years of age are allowed entry.

• Entertainment Events: Advertising is allowed if it is reasonable estimated that less than 30% of the persons in attendance are under 21 years of age.

• Media: Advertising is not permitted on television, radio, or other publications where the projected audience under 21 years of age is more than 30%.

• A cannabis establishment must maintain documentation for at least five years, if advertising to an audience and determining the percentage of persons under 21 years of age. The cannabis establishment must be able to demonstrate the manner in which it determined the reasonably expected age of the audience for that advertisement.

• Advertising is not permitted on or in vehicles for public transportation including any shelter for public transportation.

• Advertising may not be handed out (i.e. pamphlets, handbills, etc.).

• Advertising on social media and business-to-business advertisements must follow the same guidelines.

Advertising may not:

• Contain false or misleading statements or illustrations.

• Depict the consumption of cannabis products i.e. smoking, eating, vaping, dabbing, or using a topical.

• Promote the overconsumption of cannabis products.

• Depict persons under 21 years of age consuming cannabis products; any indication of a child’s presence; resemblance to brands targeted at children, toys, candy, fruit, cartoon characters, or any other depiction designed in a manner that is appealing to children, or encourages consumption of cannabis to persons under 21 years of age.

• Offer cannabis for free or donated without purchase.

• If advertising takes place at an event where demographic research is necessary to confirm at least 70% of the audience is 21+, documentation of the demographic research must be kept for at least 5 years after the date the advertisement runs.

Law #4: Medical marijuana and recreational marijuana-related fees

Law: 1. Except as otherwise provided in subsection 2, the Board shall collect not more than the following maximum fees: For the initial issuance of a medical cannabis establishment license for a medical cannabis dispensary $30,000 For the renewal of a medical cannabis establishment license for a medical cannabis dispensary 5,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis cultivation facility 3,000 For the renewal of a medical cannabis establishment license for a medical cannabis cultivation facility 1,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis production facility 3,000 For the renewal of a medical cannabis establishment license for a medical cannabis production facility 1,000 For the initial issuance of a medical cannabis establishment license for a medical cannabis independent testing laboratory 5,000 For the renewal of a medical cannabis establishment license for a medical cannabis independent testing laboratory 3,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis retail store 20,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis retail store 6,600 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility 30,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility 10,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis production facility 10,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis production facility 3,300 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory 15,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory 5,000 For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis distributor 15,000 For the renewal of an adult-use cannabis establishment license for an adult-use cannabis distributor 5,000 For each person identified in an application for the initial issuance of a cannabis establishment agent registration card 150 For each person identified in an application for the renewal of a cannabis establishment agent registration card 150 2. In addition to the fees described in subsection 1, each applicant for a medical cannabis establishment license or adult-use cannabis establishment license must pay to the Board: (a) A one-time, non-refundable application fee of $5,000; and (b) The actual costs incurred by the Board in processing the application, including, without limitation, conducting background checks. 3.  Any revenue generated from the fees imposed pursuant to this section: (a) Must be expended first to pay the costs of the Board in carrying out the provisions of this title; and (b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the State Education Fund.

Explained:

• Initial issuance of a medical cannabis establishment license for a medical cannabis dispensary: $30,000.

• Renewal of a medical cannabis establishment license for a medical cannabis dispensary: $5,000.

• Initial issuance of a medical cannabis establishment license for a medical cannabis cultivation facility: $3,000.

• Renewal of a medical cannabis establishment license for a medical cannabis cultivation facility: $1,000.

• For the initial issuance of a medical cannabis establishment license for a medical cannabis production facility: $3,000.

• Renewal of a medical cannabis establishment license for a medical cannabis production facility: $1,000.

• Initial issuance of a medical cannabis establishment license for a medical cannabis independent testing laboratory: $5,000.

• Renewal of a medical cannabis establishment license for a medical cannabis independent testing laboratory: $3,000.

• Initial issuance of an adult-use cannabis establishment license for an adult-use cannabis retail store: $20,000.

• Renewal of an adult-use cannabis establishment license for an adult-use cannabis retail store: $6,600.

• Initial issuance of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility: $30,000.

• Renewal of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility: $10,000.

• Initial issuance of an adult-use cannabis establishment license for an adult-use cannabis production facility: $10,000.

• Renewal of an adult-use cannabis establishment license for an adult-use cannabis production facility: $3,300.

• Initial issuance of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory: $15,000.

• Renewal of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory: $5,000.

• Initial issuance of an adult-use cannabis establishment license for an adult-use cannabis distributor: $15,000.

• Renewal of an adult-use cannabis establishment license for an adult-use cannabis distributor: $5,000.

• For each person identified in an application for the initial issuance of a cannabis establishment agent registration card: $150.

• For each person identified in an application for the renewal of a cannabis establishment agent registration card: $150.

Law #5: Purchase limits

Explained:

• Adults 21 years and older in Nevada can legally possess and purchase 2.5 ounces of cannabis flower or 7 grams of cannabis concentrates.

Disclaimer: The material contained on this website and any attached or referenced pages has been compiled by Flowhub for informational purposes only. It is not intended to be and is not considered to be legal advice. This post is current as of 11/22/2021. Cannabis regulations are rapidly changing, and legal advice of any nature should be sought from legal counsel.