Nevada Cannabis License Guidelines

Nevada Cannabis Compliance Board

Licensing and Enforcement Criteria

The Nevada Cannabis Compliance Board governs Nevada’s cannabis industry through strict regulation of all areas of its licensing and operations.

The board issued a set of specific licensing criteria:

  • Applicant must control $250,000.00 in liquid assets
  • Members or owners of the proposed establishment must not have prior convictions for certain felonies or for distribution of a controlled substance (subject to certain exceptions)
  • Applicants must have submitted all relevant fees (described below)
  • Physical address must be located 1,000 feet from any school and 300 feet from any community facility such as religious institutions
  • Applicants must own the proposed property where the establishment will be located, or have written notarized permission from the landlord to operate a marijuana establishment on the premises
  • Applicants must submit the name, address, date of birth and a complete set of fingerprints for each person who is proposed to be an owner or officer of the establishment and the name, address and date of birth of every proposed employee of volunteer of the establishment
  • Each marijuana establishment must be located in a separate building or facility located in a commercial or industrial zone or overlay
  • Each marijuana establishment must comply with all state and local ordinances and rules pertaining to zoning, land use and signage (these rules vary from one jurisdiction to another, so check with the local governing authority and your lawyer before committing to any location)
  • Each marijuana establishment shall have discreet signage consistent with traditional medical offices and pharmacies
  • Each marijuana establishment shall have a professional interior in the traditional style of medical offices and pharmacies
  • Each marijuana establishment must have one secure entrance, notwithstanding relevant fire codes

Nevada Cannabis Law & Compliance

Several laws and ordinances regulate the Nevada commercial cannabis industry, as well as the many different steps in the supply chain. These laws range over dispositions for cultivators, manufacturers, distributors and retail dispensaries. The most recent news can be found on these websites:

FAQs

What document do you need to work in a Nevada medical marijuana dispensary?

Each marijuana establishment owner, officer, board member, employee, volunteer, and contractor must obtain an agent registration card by applying through the Nevada Department of Taxation. The application fee is $75, and the card is valid for one year from the date of issue.

Where can a cannabis dispensary be located?

Marijuana establishments may not be located within 1,000 feet of a public or private school for grades pre-K through 12 or within 300 feet of a community facility. Additionally, marijuana establishments must be located in a separate building or facility within a commercial or industrial zone, and must comply with all local zoning, land use, and signage ordinances and rules.

What are the laws regarding cannabis advertising and promotion in Nevada?

Marijuana establishments in Nevada may not:

  • Engage in false or misleading advertising statements or illustrations
  • Promote overconsumption of marijuana
  • Depict actual consumption of marijuana and/or a child or anyone under the age of 21 consuming marijuana
  • Depict any objects suggesting the presence of a child, including toys, characters, cartoons, mascots, action figures, balloons, or any other depictions designed to be appealing to or encourage marijuana consumption to children or anyone under the age of 21
  • Advertise in any publication, radio, television, or any other medium if 30 percent or more of the audience is reasonably expected to be under the age of 21
  • Sponsor any youth sports and entertainment events, including advertising on team uniforms
  • Place an advertisement on or inside of a public transportation vehicle or shelter
  • Place an advertisement at a sports entertainment event to which minors under the age of 21 are allowed
  • Place an advertisement anywhere that is prohibited by local ordinance
  • Advertise or offer any marijuana product as “free” or “donated” without a purchase
  • Additionally, all advertising must contain “Keep out of reach of children” and “For use only by adults 21 years of age and older” warnings.

What taxes are collected on retail cannabis in Nevada?

Nevada imposes a 10 percent retail excise tax on recreational cannabis, along with the regular state sales tax of 4.6 percent. Additionally, there is a county sales tax that varies across the state.

For medical marijuana sales, the 10 percent excise tax does not apply; medical patients only pay the standard sales tax (state plus county).

Nevada Cannabis License Types

There are many different license types for cannabis in Nevada. We are here to help you understand which one is the best for you and your business.

Medical Marijuana Dispensary

A marijuana dispensary certificate allows the holder to purchase marijuana from state licensed marijuana cultivation facilities and state licensed edible facilities. Dispensaries cannot purchase marijuana or marijuana infused products from any unauthorized sources, including out of state facilities regardless of whether or not those facilities are licensed in their jurisdiction (i.e. no importing from other states).

A marijuana dispensary is the ONLY facility permitted to make sales to individual patients and customers. The number of dispensary licenses are held to a specific number by state law, meaning once they are all taken no more will be issued by the state unless the law were to be amended.

Medical Marijuana Cultivation Facility

A marijuana cultivation certificate allows the holder to cultivate marijuana. Marijuana cultivation facilities may acquire their initial plants from those patients authorized to possess marijuana plants. Marijuana cultivation facilities may sell the marijuana they cultivate to marijuana production facilities and dispensaries after such products have passed Nevada’s rigorous testing processes. Marijuana cultivation facilities, like all marijuana establishments in Nevada, are subject to very strict regulations regarding safety, security and cleanliness.

Medical Marijuana Production Facility

A marijuana production certificate allows the holder to produce marijuana infused products, including edibles and extracts. A marijuana production facility may only purchase marijuana cultivated at a Nevada licensed facility. A marijuana production facility may only sell its products to a Nevada licensed dispensary or another production facility. Like all marijuana establishments, marijuana production facilities are strictly regulated by the state for the safety and security of their products.

Independent Testing Laboratory

A marijuana independent testing laboratory certificate allows the holder to test marijuana grown at a state licensed facility, or products produced at a state licensed production facility, to test for the presence of banned or unsafe substances. Independent testing laboratories must remain truly independent. If you own any part of one of the other three types of marijuana licenses in the state of Nevada you may not own any part of an independent testing laboratory. The reason for this separation of ownership is to ensure that the labs remain objective in their analysis of the products.

Retail Marijuana Store

A marijuana dispensary certificate allows the holder to purchase marijuana from state licensed marijuana cultivation facilities and state licensed edible facilities. Dispensaries cannot purchase marijuana or marijuana infused products from any unauthorized sources, including out of state facilities regardless of whether or not those facilities are licensed in their jurisdiction (i.e. no importing from other states). A marijuana dispensary is the ONLY facility permitted to make sales to individual patients and customers. The number of dispensary licenses are held to a specific number by state law, meaning once they are all taken no more will be issued by the state unless the law were to be amended.

Retail Marijuana Cultivation Facility

A marijuana cultivation certificate allows the holder to cultivate marijuana. Marijuana cultivation facilities may acquire their initial plants from those patients authorized to possess marijuana plants. Marijuana cultivation facilities may sell the marijuana they cultivate to marijuana production facilities and dispensaries after such products have passed Nevada’s rigorous testing processes. Marijuana cultivation facilities, like all marijuana establishments in Nevada, are subject to very strict regulations regarding safety, security and cleanliness.

Retail Marijuana Production Facility

A marijuana production certificate allows the holder to produce marijuana infused products, including edibles and extracts. A marijuana production facility may only purchase marijuana cultivated at a Nevada licensed facility. A marijuana production facility may only sell its products to a Nevada licensed dispensary or another production facility. Like all marijuana establishments, marijuana production facilities are strictly regulated by the state for the safety and security of their products.

Independent Testing Laboratory

A marijuana independent testing laboratory certificate allows the holder to test marijuana grown at a state licensed facility, or products produced at a state licensed production facility, to test for the presence of banned or unsafe substances. Independent testing laboratories must remain truly independent. If you own any part of one of the other three types of marijuana licenses in the state of Nevada you may not own any part of an independent testing laboratory. The reason for this separation of ownership is to ensure that the labs remain objective in their analysis of the products.

Marijuana Distributor License

A marijuana distribution license can be thought of as a fifth type of marijuana establishment certificate. The law regarding adult use or recreational marijuana in Nevada required that recreational marijuana be regulated like alcohol. Therefore, the system is modeled on Nevada’s three-tiered alcohol distribution system. Accordingly, any marijuana designated for adult use must be transported by an state licensed marijuana distributor. This system has created some confusion in the state and a lot of litigation due to the perceived availability of individuals eligible to apply for distributor licenses and their ability or lack thereof to service the needs of the marijuana industry. Medical-only marijuana may still be delivered to other marijuana facilities by the medical marijuana licensees.

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