1. Not later than January 1, 2018, the Department shall adopt all regulations necessary or convenient to carry out the provisions of this chapter. The regulations must not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable. The regulations shall include:
(a) Procedures for the issuance, renewal, suspension, and revocation of a license to operate a marijuana establishment;
(b) Qualifications for licensure that are directly and demonstrably related to the operation of a marijuana establishment;
(c) Requirements for the security of marijuana establishments;
(d) Requirements to prevent the sale or diversion of marijuana and marijuana products to persons under 21 years of age;
(e) Requirements for the packaging of marijuana and marijuana products, including requirements for child-resistant packaging;
(f) Requirements for the testing and labeling of marijuana and marijuana products sold by marijuana establishments including a numerical indication of potency based on the ratio of THC to the weight of a product intended for oral consumption;
(g) Requirements for record keeping by marijuana establishments;
(h) Reasonable restrictions on signage, marketing, display, and advertising;
(i) Procedures for the collection of taxes, fees, and penalties imposed by this chapter;
(j) Procedures and requirements to enable the transfer of a license for a marijuana establishment to another qualified person and to enable a licensee to move the location of its establishment to another suitable location;
(k) Procedures and requirements to enable a dual licensee to operate medical marijuana establishments and marijuana establishments at the same location;
(l) Procedures to establish the fair market value at wholesale of marijuana; and
(m) Civil penalties for the failure to comply with any regulation adopted pursuant to this section or for any violation of the provisions of NRS 453D.300.
2. The Department shall approve or deny applications for licenses pursuant to NRS 453D.210.
3. The Department may by motion or on complaint, after investigation, notice of the specific violation, and an opportunity for a hearing, pursuant to the provisions of chapter 233B of NRS, suspend, revoke, or fine a licensee for the violation of this chapter or for a violation of a regulation adopted by the Department pursuant to this section.
4. The Department may immediately suspend the license of any marijuana establishment if the marijuana establishment knowingly sells, delivers, or otherwise transfers marijuana in violation of this chapter or knowingly purchases marijuana from any person not licensed pursuant to this chapter or to chapter 453A of NRS. The Department must provide an opportunity for a hearing pursuant to the provisions of NRS 233B.121 within a reasonable time from a suspension pursuant to this subsection.
5. To ensure that individual privacy is protected:
(a) The Department shall not require a consumer to provide a retail marijuana store with identifying information other than government-issued identification to determine the consumer’s age; and
(b) A retail marijuana store must not be required to acquire and record personal information about consumers other than information typically acquired in a financial transaction conducted at a retail liquor store.
6. The Department shall conduct a background check of each prospective owner, officer, and board member of a marijuana establishment license applicant.
7. The Department shall inspect marijuana establishments as necessary to enforce this chapter or the regulations adopted pursuant to this section.
(Added to NRS by 2016 initiative petition, Ballot Question No. 2; R 2019, 3896, effective July 1, 2020)