1. The operating documents of a medical marijuana establishment must include procedures:
(a) For the oversight of the medical marijuana establishment; and
(b) To ensure accurate recordkeeping, including, without limitation, the provisions of NRS 453A.354 and 453A.356.
2. Except as otherwise provided in this subsection, a medical marijuana establishment:
(a) That is a medical marijuana dispensary must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
(b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
The provisions of this subsection do not supersede any state or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.
3. A medical marijuana establishment is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana 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 marijuana, edible marijuana products or marijuana-infused products to the medical marijuana establishment from which the marijuana, edible marijuana products or marijuana-infused products were acquired.
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 453A.364.
4. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed, locked facility at the physical address provided to the Department during the registration process for the cultivation facility. Such an enclosed, locked facility must be accessible only by medical marijuana establishment agents who are lawfully associated with the cultivation facility, except that limited access by persons necessary to perform construction or repairs or provide other labor is permissible if such persons are supervised by a medical marijuana establishment agent.
5. A medical marijuana dispensary and a cultivation facility may acquire usable marijuana or marijuana 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 marijuana. 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 marijuana to a medical marijuana dispensary one time and may sell marijuana plants to a cultivation facility one time.
6. A medical marijuana establishment shall not allow any person to consume marijuana on the property or premises of the establishment.
7. Medical marijuana establishments are subject to reasonable inspection by the Department at any time, and a person who holds a medical marijuana establishment registration certificate must make himself or herself, or a designee thereof, available and present for any inspection by the Department of the establishment.
8. A dual licensee, as defined in NRS 453D.030:
(a) Shall comply with the regulations adopted by the Department pursuant to paragraph (k) of subsection 1 of NRS 453D.200 with respect to the medical marijuana establishment operated by the dual licensee; and
(b) May, to the extent authorized by such regulations, combine the location or operations of the medical marijuana establishment operated by the dual licensee with the marijuana establishment, as defined in NRS 453D.030, operated by the dual licensee.
9. Each medical marijuana establishment shall install a video monitoring system which must, at a minimum:
(a) Allow for the transmission and storage, by digital or analog means, of a video feed which displays the interior and exterior of the medical marijuana establishment; and
(b) Be capable of being accessed remotely by a law enforcement agency in real-time upon request.
10. A medical marijuana establishment shall not dispense or otherwise sell marijuana, edible marijuana products or marijuana-infused products from a vending machine or allow such a vending machine to be installed at the interior or exterior of the premises of the medical marijuana establishment.
11. If a medical marijuana establishment is operated by a dual licensee, as defined in NRS 453D.030, any provision of this section which is determined by the Department to be unreasonably impracticable pursuant to subsection 9 of NRS 453A.370 does not apply to the medical marijuana establishment.
12. A facility for the production of edible marijuana products or marijuana-infused products and a medical marijuana 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 facility for the production of edible marijuana products or marijuana-infused products may use hemp or a commodity or product made using such hemp to manufacture edible marijuana products and marijuana-infused products. A medical marijuana dispensary may dispense hemp or a commodity or product made using such hemp and edible marijuana products and marijuana-infused products manufactured using hemp or a commodity or product made using such hemp.
(Added to NRS by 2013, 3710; A 2015, 3103; 2017, 1348, 3701, 3756; 2019, 2356, 2590; R 2019, 3896, effective July 1, 2020)