"Medical Marijuana Establishments - FAQs

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Advertising Guidelines

What are the guidelines for names, logos, signs and advertisements for MMEs?

Names, logos, signs, packaging, and advertising campaigns must be approved by the Department before it is used by the ME.

 

Please refer to the Packaging and Label Adopted Regulations at the following link:

 

And the Advertising Policy found at the following link:

 

Names, logos, signs, packaging, and advertising campaigns must be approved by the Department before it is used by the ME.

 

Please refer to the Packaging and Label Adopted Regulations at the following link: 

https://tax.nv.gov/uploadedFiles/taxnvgov/Content/FAQs/Final draft LCB File No. T002-17 Marijuana Temp. Regs. 05082017 v7.pdf

 

And the Advertising Policy found at the following link:

http://tax.nv.gov/uploadedFiles/dpbh.nv.gov/content/Reg/MedMarijuana/dta/Policies/AdGuidelines.pdf

 

Ensure that all advertising by the marijuana establishment contains prescribed warnings by the Department, which must include, without limitation, the following words: "Keep out of reach of children"; and "For use only by adults 21 years of age and older.

Avoid:
Engaging on false or misleading advertising statements/ illustrations;

 

Promoting over consumption of marijuana or marijuana products;

 

Depicting actual consumption of marijuana or marijuana products and/or a child or other person who is less than 21 years of age consuming marijuana or marijuana products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, mascot, action figure, balloon or contain any other depiction which is designed in any manner to be appealing to or encourage consumption of marijuana or marijuana products by a person who is less than 21 years of age;

 

Advertising in any publication, radio, television or any other medium if 30 percent or more of the audience is reasonably expected to be less than 21 years of age and any sponsorship of youth sports and entertainment events, including advertising on team uniforms.

 

Placing an advertisement within 1,000 feet of a public or private school, playground, public park or library, but may maintain 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;

 

Placing an advertisement on or inside of a public transportation motor vehicle or any shelter for public transportation;

 

Placing an advertisement at a sports or entertainment event to which persons who are less than 21 years of age are allowed entry;

 

Placing an advertisement where prohibited by ordinance of the locality;

 

Advertising or offering any marijuana or marijuana product as "free" or "donated" without a purchase;

 

Making unfounded claims or promises or using the word "cure";

 

Marijuana slang such as high, bud, pot, weed, grass, joint, doobie, 420;

*Cartoon, defined: a sketch or drawing, usually humorous, as in a newspaper or periodical, symbolizing, satirizing, or caricaturing some action, subject or person of popular interest. (dictionary.com)

 

In what format should designs be submitted?

It is most efficient when files are submitted electronically, such as in jpg, pdf or png.  Submissions should be sent to MJadvertising@tax.state.nv.us, accompanied with the completed Marijuana Advertisement Form.

How long does it take to get an approval?

Please allow 30 days to process your request.

Applications for new MMEs

How do I apply for a license to operate a medical marijuana dispensary, cultivation facility, production facility or independent testing laboratory?

It is unknown at this time when the next filing period will take place.

What happened after the applications were turned in?

After the applications were turned in, the Department had 90 days during to score and rank them, and to notify the applicants. Applications deemed acceptable received provisional certifications. Provisional certificates remain provisional while owners prepare the establishment buildings and get clearance from the local jurisdiction in terms of permits, licenses, zoning approvals, inspections, etc. When all is complete at the local level, the establishment must successfully undergo final state inspections, at which time they are issued a final certificate to become fully operational and open for business.

 

Ilegal Delivery Services

What, if anything, is being done about the medical marijuana delivery services that are operating in Nevada?

The Department is aware of illegal medical marijuana delivery services, and law enforcement works hard to close them down. Patients should beware of illegitimate dispensaries.

Beware of Illegal Marijuana Delivery!

As of early 2016, only a fraction of the eventual 66 certified medical marijuana dispensaries are operating in northern and southern Nevada. They are storefront, walk-in facilities, and are listed on our Establishment and Patient Cardholder websites. Delivery-only businesses currently selling and delivering medical marijuana are not legal, regulated, certified by the state, or in any way endorsed or supported by the Department of Taxation. Patients are urged to purchase their medicine from state certified medical marijuana dispensaries to be in compliance with the law and so that the purchased medicine is tested and safe.

Which are legit, which are not?

 Certified dispensaries are walk-in storefronts with clear signage and a distinct medical/pharmaceutical appearance.

 By law, certified dispensaries are required to conspicuously post their State of Nevada medical marijuana establishment registration certificate and their business license. Look for them!

 Certified medical marijuana dispensaries must use the services of an independent testing laboratory to ensure that all marijuana, edible marijuana products and marijuana-infused products sold by the dispensaries are tested for content, quality and potency in accordance with standards established by the Department. Labels on the packages will disclose laboratory findings.

 Packages of usable marijuana products (dried leaves and flowers) in legal dispensaries will bear labels that disclose:

(a) The business or trade name and the medical marijuana establishment registration certificate number of the cultivation facility that cultivated and sold the usable marijuana.

(b) The lot number.

(c) The date and quantity dispensed, including the net weight measured in ounces and grams or by volume, as appropriate.

(d) The name and registry identification card number of the patient and, if applicable, the name of his or her designated primary caregiver.
(e) The name and address of the medical marijuana dispensary.

(f) The cannabinoid profile and potency levels and terpenoid profile as determined by the independent testing laboratory.

(g) A warning that states: “This product may have intoxicating effects and may be habit forming.”


h) The statement: “This product may be unlawful outside of the State of Nevada.”

(i) The date on which the marijuana was harvested.


 Labels on packages containing usable marijuana will also have warnings:

(a) “Warning: This product may have intoxicating effects and may be habit forming. Smoking is hazardous to your health.”

(b) “There may be health risks associated with consumption of this product.”

(c) “Should not be used by women who are pregnant or breast feeding.”

(d) “For use only by the person named on the label of the dispensed product. Keep out of the reach of children.”

(e) “Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug.”


 Labels on edible marijuana or marijuana-infused products must disclose:

(a) The business or trade name and the medical marijuana establishment registration certificate number of the facility for the production of edible marijuana products or marijuana-infused products that manufactured and sold the product.

(b) The lot numbers of all marijuana used to create the product.

(c) The batch number of the product.

(d) The date and quantity dispensed, including the net weight in ounces and grams or by volume, as appropriate.

(e) The name and registry identification card number of the patient and, if applicable, the name of his or her designated caregiver.

(f) The name and address of the medical marijuana dispensary.

(g) The date on which the product was manufactured.

(h) If the product is perishable, a suggested use-by date.

(i) The total milligrams of active cannabinoids and terpenoids in the product, as provided
by the independent testing laboratory that tested the product.

(j) A list of all ingredients and all major food allergens as identified in 21 U.S.C. §§ 343.

(k) A warning that states: “Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by 2 or more hours.”

(l) If a marijuana extract was added to the product, a disclosure of the type of extraction process and any solvent, gas or other chemical used in the extraction process, or any other compound added to the extract.

(m) A warning that states: “This product may have intoxicating effects and may be habit forming.”

(n) A statement that: “This product may be unlawful outside of the State of Nevada.”

 The edible marijuana or marijuana-infused product labels will also include the following warnings:

(a) “There may be health risks associated with consumption of this product.”

(b) “This product contains or is infused with marijuana or active compounds of marijuana.”

(c) “Should not be used by women who are pregnant or breast feeding.”

(d) “For use only by the person named on the label of the dispensed product. Keep out of the reach of children.”

(e) “Products containing marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug.”

(f) “Caution: When eaten or swallowed, the intoxicating effects of this drug may be delayed by two or more hours.”

If you are still in doubt, call the Department Medical Marijuana Program at 866/962-3707.

Laboratory Testing

Are marijuana independent testing laboratories limited to testing product from registered marijuana cultivators and producers only?

Nothing in the marijuana law codified in NRS 453A and NAC 453A prohibits registered independent laboratories from engaging in laboratory analysis of other products besides medical marijuana, but the Department of Taxation notes that laboratories may be subject other licensing, inspection, review, and other administrative procedures from local, state and federal authorities other than the Department of Taxation.

How are labs supposed to obtain patient samples to test equipment and perform method development?

NRS 453A.200 limits possession by a medical marijuana cardholder to 2.5 ounces of usable marijuana in any 14-day period, or 12 marijuana plants. NRS 453A.352 (5) permits registered dispensaries and cultivators to obtain usable marijuana or marijuana plants from registered cardholders. The plants obtained by dispensaries and cultivators are subject to the possession limits in NRS 453A.200, and those plants and/or usable marijuana must be sent to a registered independent laboratory for testing (NRS 453A.368-370 and NAC 453A.404 and NAC 453A.658). The Department of Taxation suggests that dispensaries and cultivators should work with the laboratories to obtain the required tests for the usable marijuana and/or marijuana plants obtained from patients holding valid registry cards.

How will samples intended to be sent to the Department of Agriculture be transported from the laboratories ot the Department of Agriculture laboratory in Sparks?

The Department of Taxation suggests that agents working as independent contractors are able to transport the samples from southern Nevada establishments to the Department of Agriculture in Sparks.

For which cannabinoids and terpenoids are the independent laboratories required to test?

CANNABINOIDS: THC, THCA, CBD, CBN

TERPENOIDS:

Alpha-Bisabolol

Alpha-Humulene

Alpha-Pinene

Alpha-Terpinolene

Beta-Caryophyllene

Beta-Myrcene

Beta-Pinene

Caryophyllene Oxide

Limonene

Linalool

Medical Marijuana Establishments (MMEs)

What kinds of medical marijuana facilities operate in Nevada?

There are four kinds of medical marijuana establishment definitions in Nevada:
Dispensary: As per NRS 453A.115, a business that is registered with the department and acquires, possesses, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to the holder of a valid registry identification card.

Cultivation Facility: As per NRS 453A.056, a business that is registered with the department, and acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells marijuana and related supplies to a medical marijuana dispensaries; facilities for the production of edible marijuana products or marijuana-infused products; or other cultivation facilities.

Production of Edible Marijuana or Marijuana Infused Products: As per NRS 453A.105, a business that is registered with the department pursuant to NRS 453A.322, and acquires, possesses, manufactures, delivers, transfers, transports, supplies, or sells edible marijuana products or marijuana infused products to medical marijuana dispensaries.

Independent Testing Laboratory: As per NRS 453A.107, a business that is registered with the department to test marijuana, edible marijuana products and marijuana- infused products. Such an independent testing laboratory must be able to determine accurately, with respect to marijuana, edible marijuana products and marijuana-infused products, the concentration therein of THC and cannabidiol, the presence and identification of molds and fungus, and the presence and concentration of fertilizers and other nutrients.

Can Nevada medical marijuana cultivation take place in a greenhouse?
Medical marijuana must take place in an enclosed locked facility, which is defined in NRS 453A.103 thusly:  “Enclosed, locked facility” means a closet, display case, room, greenhouse or other enclosed area that meets the requirements of NRS 453A.362 and is equipped with locks or other security devices which allow access only by a medical marijuana establishment agent and the holder of a valid registry identification card.

Nevada medical marijuana cultivation in a greenhouse is acceptable if the greenhouse…
• is an “enclosed, locked facility…” (NRS 453A.352)
• has adequate lighting in all areas (NAC 453A.608)
• if dim lighting is required, the MME has a written policy explaining the reason (NAC 453A.608)
• has adequate ventilation and equipment to control air pressure, , microorganisms, dust, humidity and temperature when appropriate for the manufacture, processing, packaging or holding of marijuana or marijuana products (NAC 453A.608)
• is maintained in a state of good repair (NAC 453A.616)
• has restricted access, is enclosed and locked, with access to agents only (NAC 453A.472)
• is such that the marijuana growing at the facility cannot be observed from outside the facility (NAC 453A.472)
• does not emit an odor that is detectable from outside the facility (NAC 453A.472)

 

Nonresident Medical Marijuana Sales

How do dispensaries handle sales to nonresident medical marijuana patients?

The Department policy, Procedures for Selling Medical Marijuana to Nonresident Patients is linked from the Establishment homepage under General Information, Policies. http://tax.nv.gov/MME/MME_-_Home/

Can a nonresident MM cardholder use any government-issued photo ID, whether it's from the state that issued the MM card or not?

Yes.

Can a Nevada resident with an unexpired California MM card purchase in a Nevada dispensary with their California card?

They can, but only if their second government-issued photo ID is NOT a Nevada-issued DL or ID.

True or False: a Nevada resident with a California MM card can purchase in a Nevada dispensary if they use their Passport as the second ID.

True.

U.S. Passports indicate state of birth, not residence. Are they an acceptable government-isssued photo ID?

Yes.

May nonresident patients with unexpired MM cards and Passports purchase in Nevada dispensaries?

Yes.

Paraphernalia

Are MMEs allowed to sell non-marijuana products such as pipes or vapor pens?

Yes. NAC 453A.416 references paraphernalia, defined in NRS as “accessories, devices and other equipment that is necessary or useful for a person to engage in the medical use of marijuana.”

Provisional Certificates

Concerning the 18-month deadline, how will the Department handle provisional certificates for MMEs that are not ready to open by May 3, 2016?

The Department expects that all MMEs will be fully operational by May 3, 2016. However, if an MME submitted the renewal form on time and continues to make significant progress toward opening, the Department intends to take no action on the MME’s certificate at the 18-month, May 3, 2016 deadline. However, if the MME does not make an effort to become operational, is unresponsive, or submits misleading or incorrect renewal information, the Department reserves the right to investigate and potentially revoke the MME’s registration.

Which establishments have to file a Provisional Renewal Form?

All MME provisional certificates which have not been replaced with a final certificate must be renewed with the form.  That is, if your MME has not been cleared with the State of Nevada Department of Taxation to open for business, the renewal form must be completed for it.

Is it necessary to complete a separate Renewal Application Form for each MME?

A separate Renewal Application Form must be completed for each MME.

If our provisional certificate has been replaced with a final certificate and our MME is open, do we still have to renew? When?

The provisional renewal form is for provisional certificates only. Final certificates expire one year after the date of issuance. Final certificate renewal fees are set forth in NRS 453A.344 as follows:
Dispensaries: $5,000.00
Cultivation Facilities: $1,000.00
Facilities for the Production of edible marijuana products of marijuana-infused products: $1,000.00
Laboratories: $3,000.00

What happens if an MME is not "fully operational" within 18 months of the November 3, 2014 issuance date?

According to NAC 453A.324, the Department may revoke the certificate, and revocation means the MME must wait at least 12 months from the revocation before reapplying.

Does the Division consider the Provisional Renewal Form to be an application for an extension?

No. The Renewal Form is just that: a renewal form for MME provisional certificates as outlined in NRS 453A.322(5).

Where do we find the 20-digit identification number for our MMEs?

Each MME’s 20-digit number can be found on its provisional letter, along with the application ID, i.e., D001, C050, etc.

 

Can we fax or email the Provisional Renewal Form to the Department?

The form indicates that when completed, it should be mailed to the address provided. As with the initial applications, there is a precise deadline for renewals (“…received at the Department or postmarked by December 15, 2015…”). Hence, USPS, UPS or FedEx is advised.

So there are two reasons provisonal certificates can be revoked: failure to renew and failure to open within 18 months, correct?

Correct.

Where can we find the Provisional Renewal letter, policy and form?

These items are available by clicking Forms under General Information on the Establishment homepage.

http://tax.nv.gov/MME/dta/Forms/Medical_Marijuana_Establishments_(MME)_-_Forms/