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What is Cannabis Legality Status in Nevada?

In Nevada, cannabis is allowed for both medical and recreational use.

When Marijuana was Legalized in Nevada?

2000: Medical Marijuana was legalized as the Nevada Medical Marijuana Act was approved during the election ballot.
2015: Medical marijuana dispensaries began opening throughout the state.
2016: In November, voters approved recreational marijuana use for those 21 years and older.
2019: Nevada Cannabis Compliance Board (CCB) was established with Assembly Bill 533. CCB regulates the cannabis industry in Nevada.

Why is it important to know the law?

If you want to start a cannabis business and manage it legally, you must follow Nevada’s cannabis laws. Being aware of its requirements will help evade law enforcement’s unnecessary attention, license revoking, and any penalties. 

Let’s explore the main requirements you shall follow. 

How to Obtain a Cannabis Facility License in Nevada?

The Cannabis Compliance Board regulates the cannabis industry in Nevada. A person must obtain a license or a registration card from it. During the license application approval process, the Board will explore a person’s character and whether their actions do not threaten the public or cannabis control and regulations. 

Medical cannabis establishment

If you want to start a medical cannabis business, do the following:

  • Submit an application and pay the application fee.
  • An application must include: the legal name of future establishment; its physical address; an approval that an applicant has no less than $250,000 to cover initial expenses; an approval that an applicant has a place where an establishment will be located or written permission of an owner to set up a cannabis business on their property; a set of fingerprints of the applicants; each person’s (owners, officers or board members) name, address, and birth date.  
  • Operating procedures include providing security, usage of the electronic verification system and system to control inventory.
  • No one among those related to business running must have any criminal offense. These people also must not previously work in a cannabis establishment whose license or registration card was revoked. They also must not have their registration cards revoked.
  • People trying to open a cannabis business shall be, at least, 21 years of age. 
  • A license lasts one year. Then you can renew it. 

Adult-use cannabis establishments

Adult-use cannabis establishments have the same requirements as medical cannabis establishments, but they shall also use a digital verification system.

What Design is Required for Dispensaries in Nevada?

  • A cannabis retail facility shall have a secure entrance for customers and must prevent all possibilities of someone getting into a cannabis storage place. 
  • Cannabis establishments shall not have a vending machine in their area.  

Medical cannabis establishments design has some peculiarities. They shall be:

  • Designed traditionally in the style of pharmacies as well as signage. 
  • Located in a building in a commercial or industrial area.
  • Equipped with the digital verification system and inventory control system. They shall be able to track and report information. 

What Are the Operational Hours for Cannabis Sales Facilities in Nevada?

Nevada cannabis sales facilities shall work within established hours. Local authorities regulate the operation hours. 

What are Cannabis Transaction Requirements in Nevada?

In Nevada, before selling goods to a consumer, a dispensary employee must check a customer’s ID card for age verification. The ID card must contain a photo and the birth date. 

Having dealt with a customer, an employee shall put the information about them in the inventory control system. The amount of cannabis product sold, the date and time the transaction is made, the ID card number, and the cannabis establishment license number must be input. 

Medical cannabis dispensaries 

  • To enter a dispensary, a person must be at least 21 years of age or have a registry ID card or an approval letter.
  • Dual licensed dispensaries can serve people of 21 years who might not have a registry ID card or an approval letter. 

Recreational cannabis dispensaries

  • A person shall be aged 21 years and older.
  • The amount of marijuana shall not exceed 1 ounce in any one transaction.

Dual license dispensaries in Nevada can sell to a person less than 21 years old if the sale is compliant with the provisions of Title 56 of NRS and NCCR. 

Nonresidents of the Nevada State can purchase in medical cannabis dispensaries. They must show a document proving that they can buy cannabis products following laws of their State. 

What are the Purchase Limits for Nevada Cannabis Establishments?

Adult-use cannabis dispensaries can sell no more than 1 ounce of cannabis plants, equal to ⅛ of an ounce of concentrated cannabis, or usable and concentrated cannabis combined that shall not be more than the legal limit. A person aged 21 or older can purchase.

Medical cannabis dispensaries

  • A person of 18 years or older or a caregiver with a medical cannabis card cannot buy more than 2.5 ounces of usable cannabis in 14 days.
  • The medical cannabis card can be issued by another State. 

Remember that you cannot sell cannabis products that the Board Agent disapproves. 

What Are the Label Requirements for Cannabis Items in Nevada?

What concerns labeling, keep in mind that:

  • Packaging must not have the image of cartoon characters, toys, balloons, etc., unless the cannabis product logo has it.
  • A cannabis product must not have a candy mark on it. 
  • When advertising, you shall not use a person under 21 years of age to show cannabis consumption. You cannot advertise on mediums where at least 30% of the audience is under 21. 
  • Cannabis products must not have an “organic” label unless they are produced in accordance with organic standards. 

Make sure that a usable cannabis item label includes: 

  • The name of a business or trade; 
  • The medical registration certificate number of the cultivation establishment, if it is a dual licensee;
  • The batch and lot numbers;
  • The date and sold amount as well as the net weight in ounces and grams or the volume;
  • The cannabis sales company name and address;
  • The profiles of cannabinoid and terpenoid, potency levels;
  • Harvesting date;
  • The statement “This product may have intoxicating effects and may be habit forming;”
  • The statement “This product may be unlawful outside the State of Nevada;”
  • “Keep out of reach of children” statement;
  • The statements “THIS IS A MEDICAL CANNABIS PRODUCT” or “THIS IS A CANNABIS PRODUCT” written in bold.

A cannabis products label must include:

  • The business or trade name;
  • Cannabis production facility license number;
  • The medical cannabis registration certificate number of a production facility, if a manufacturing facility is a dual licensee;
  • The number of production run;
  • Cannabis sales company name and address;
  • The date of cannabis extracting or product manufacturing;
  • The date of packaging;
  • For perishable products must be suggested an expiration date;
  • The profiles of cannabinoid and terpenoid, potency levels;
  • The total amount of THC in each portion of the product;
  • A notification that the actual amount of THC can be within 15% of the stated amount;
  • Lists of ingredients and allergens;
  • THC concentration in milligrams;
  • The net weight;
  • In case the concentrated cannabis was used to produce a product, the extraction process type and any chemicals shall be described;
  • A warning statement “Caution: When eaten or swallowed, the intoxicating effects of this product may be delayed by 2 or more hours”;
  • A warning statement “This product may have intoxicating effects and may be habit forming”;
  • A“Keep out of reach of children” statement;
  • A statement “This product may be unlawful outside the State of Nevada”;
  • A warning statement “THIS IS A CANNABIS PRODUCT.”

You shall put the following disclosures and warning requirements:

  • If pesticides and nutrient medium were used;
  • Cannabis items shall be kept in a way children cannot reach them;
  • Cannabis items may be the reason children falling ill;
  • If children use cannabis, the children welfare agency may start an investigation;
  • A “This product may have intoxicating effects and may be habit forming. Smoking is hazardous to your health.” statement;
  • A warning “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.”;
  • A “There may be health risks associated with consumption of this product.” statement;
  • A “Pregnant women should consult with a physician before ingesting cannabis or cannabis products” statement;
  • A “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.” statement;
  • An “Ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.” statement.

The texts shall be written in 12-point font and shall not be in italics.

What concerns adult-use cannabis products labeling:

  • A label must show the amount of THC the products contain. Ten milligrams per portion is the maximum. 
  • Adult-use products must be packaged separately. There shall not be more than 1 ounce of usable cannabis or ⅛ ounces of concentrated cannabis per one package. 

What Are the Requirements for Delivery in Nevada?

In Nevada, medical cannabis is allowed for delivery. Recreational cannabis is delivered as an exception during the coronavirus pandemic. There is no information if the delivery of recreational cannabis will continue after the pandemic ends. 

Before delivery, there are rules to follow:

  • The delivery agent has all necessary documents, verifications, is pursuant to law, and delivers only cannabis-related products (merchandise, packaging, promotions related to the cannabis industry are allowed).
  • The delivery happens within hours a cannabis sales facility is opened.
  • The agent delivers items only within Nevada’s borders.
  • The delivery agent’s route is documented and reported to the Board.
  • Information related to delivered products is input into the seed-to-sale tracking system.
  • If a company uses a third-party platform to conduct delivery, this platform shall be verified by the Board.
  • Licensed dispensaries may have a third-party delivery, but the Board must approve it. 
  • Only licensed distributors may deliver adult-use cannabis to dispensaries.
  • The delivery manifest includes delivery time and date; the seller’s name, location, address, and license number; consumers’ name, location, and address; name and amount of each product; the model, make, license number, identification card number of the vehicle; name, registration card number of cannabis company and signature of each company connected to the delivery. The copy must be maintained.
  • During one trip, more than 5 ounces of cannabis to any number of consumers shall not be delivered.
  • A medical cannabis vendor must not deliver more than 10 ounces of cannabis products to one person who holds a registry card or is a caregiver.
  • A cannabis vendor cannot deliver more than 1 ounce per day to a client in a private residence.
  • You cannot deliver cannabis products to places holding a gaming license. 
  • If a delivery person cannot give products directly to a person who made an order, or the product is damaged, or a customer refuses to get it, the products must be returned to the cannabis sales facility. 
  • Cannabis products shall be delivered in lockboxes, stored in packages or containers. They shall be invisible from outside the vehicle.
  • The vehicle used for delivery must be approved by the Board. It shall have an alarming system and not have any markings about cannabis.
  • Each delivery must be compliant with NCCR 6.075 & 6.078 requirements.

What is the State Approved Reporting System?

In Nevada state, all licensed medical and recreational cannabis establishments must use Metrc to report all data to authorities. This concerns cultivating, manufacturing, lab testing, distributing, and retailing facilities.