Marijuana Establishment - FAQs

Please click on the questions to expand the answers.

Cannabis Customer Portal

What if I get an error message, e-mail address is already in the system?

a. This may be the result of your email address already beign registered with an Accela system in another community or jurisdiction. You have two options:

 

  1. Use another e-mail address.
  2. Use the e-mail address and password that is already registered. Your records for other jurisdictions will be linked to the account.

 

Adding others with permissions (Delegate)

  1. To add a Delegate, the Delegate must be registered.
  2. Go to Account Management in the upper right hand side of the screen.
  3. Scroll down to the bottom and select Add Delegate on the right-hand side. 

Who do I contact if I encounter issues with the portal?

a. The preferred browser is Google Chrome. If you are not using Google Chrome, please download it and if you continue to experience issues, continue to section "b" below. 

b. Prior to contacting the call center or e-mailing the Marijuana Enforcement Division, please review all FAQs. 

    i. Technical Problems - Marijuana@tax.state.nv.gov

    ii. Agent Cards - MJAgentCard@tax.state.nv.us

    iii. Complaints - MarijuanaInvestigations@tax.state.nv.us

    iv. Current Cannabis Licensee Inspections/Audits - Inspector@tax.state.nv.us

    v. Changes of Ownership, Point of Contact, Location, Packaging & Advertising - MJChange@tax.state.nv.us

c. For verbal assistance, contact the Nevada Department of Taxation Call Center at (866) 962-3707. 

 

Once I have created an account, what do I do?

a. After you have created an account and logged in, start with the "Home" button at the top, left-hand side of the screen. Then, at the bottom of that screen, all licensees and individual users will select "Create and Application." All options for individuals and cannabis licensees are located under this section. After the user has created records, you can find them under "My Records."

What if I don't upload all of the required documents in an appliacation?

a. Your application will be considered incomplete and will not be processed until you have supplied the required information. 

How do I cancel or withdraw an amendment/application?

Please send an e-mail to marijuana@tax.state.nv.us, include the application ID and request that the application be withdrawn.

How do I file a complaint?

a. You do not need to register for an account. Simply select "+NEW" and then "complaint" in the drop-down menu.

How do I apply to sell, grow, produce or deliver cannabis in Nevada?

A. There are currently no anticipated open application periods. Prospective applicants may sign up to be notified of open application periods on the Department's website:  https://tax.nv.gov/MME/dta/List/Medical_Marijuana_Establishments_(MME)_-_Listserv/

How do I prepare for a licening period, when an application period opens?

a. Applications are not available until the application period opens and the Cannabis Compliance Board may alter application requirements. However, you may review NRS 453D and requirements for previous application periods here: https://tax.nv.gov/FAQs/Marijuana_License_Application_Information_-_NEW/

Do I have to be a US citizen or a resident of Nevada to apply for a license or agent card?

a. No.

What is a license amendment?

a. Holders of Cannabis Licenses were issued licenses based on certain operational criteria, such as, location, ownership, and equipment. Amendments include changes to any operational activities including packaging, equipment, location, tranfers of interest (ownership), etc.

What documents are required for each License Amendment Request? Incomplete applications may lead to delays and/or denial of your application.

a. Packaging & Advertising Submittal Request: Uploads of the proposed packaging or advertising; latitude and longitude of billboards; audience demographics. 

b. Change of Location Request: Please upload documentation from a public meeting in the local jurisdiction approving the location change, meeting agenda & minutes; professional survey demonstrating that the location meets the statutorily-required distance from schools and community facilities; written and signed attestation that the new address meets or exceeds the merits of the previous location; Nevada Business Registration form; proof that all Agent Cards for all owners, officers and board members are current. The Transfer of Ownership Application Checklist is available here. 

c. Distributor Temporary Storage Notice: No required uploads.

d. Equipment Request: Please upload equipment specification sheets and lay-out of facility indicating location of equipment. 

e. Facility Modification Request: Please upload the floor plan with highlighted changes. For cultivation facilities, include your current square footage and final square footage for cultivation after modification. 

f. Menu Request: Include a copy of the menu, standard operating procedure and/or ingredient list. 

g. Request for Extraction: Please upload all related laboratory testing results (COAs)

h. Request for Laboratory Retesting: Please upload all related laboratory testing results (COAs)

i. Request to Dispense Edible Cannabis Products: No required attachments.

j. Request to Perform Research and Development: No required attachments

k. Request to Review Stamp or Mold: Images demonstrating the attempt to stamp or mold the product are required to be uploaded. 

l. Transfer of Interest: 13 documents may be required to complete Transfer of Interest. Please review the checklist, available here

 

What is an MME ID?

a. This is a four-digit code issued to your establishment by the Department (Example: C199). Ask a manager at the licensed facility for the MME ID. 

 

I received an e-mail asking for additional information regarding my application. What do I do?

a. Log on to your account. Find the application you submitted and add the requested additional information.

What is Cannabis Business Entity Registration and why do I need to do it?

a. All Cannabis Businesses and Prospective Cannabis Businesses must register. Registration allows you to apply for licenses, renew licenses, transfer ownership, etc. All regular license amendments such as facility modification, requests for extraction, etc., require submission for the specific license, not the Cannabis Business Entity registration. Cannabis Businesses that were licensed prior to October 2019 do not need to register.

Marijuana Sales

If a marijuana establishment holds both a retail marijuana store and dispensary license, can they sell their existing inventory on July 1, 2017 as either medical or adult-use marijuana?

Yes, as long as what is sold to adult-use customers meets the packaging, labeling, and potency requirements in the emergency regulation adopted June 26, 2017.

What are the possession limits?

Adult-use consumer limits are one ounce of marijuana other than concentrated marijuana, or one-eighth of an ounce of concentrated marijuana. One-eighth of an ounce of concentrate is not to exceed 1,750 mg of THC.

What are purchasing limits for adult-use marijuana?

Patients and retail customers can purchase 1 ounce per transaction.

What does an adult-use customer need to enter the store or make a purchase?

A customer must provide identification to prove that they are 21 years of age or older, just as is required to purchase alcohol.

Agent Cards

Can a registered agent of one dispensary use that same registered agent card to access or work in other dispensaries?

Yes, as of July 1, each registered agent needs only one card per establishment type (i.e., dispensary/retail marijuana store, cultivation facility, product manufacturing facility, testing facility, and distributor.)  If an agent is registered at one establishment, they can enter and work at the same type of establishment for which they already have a registered agent card.

What does a registered agent need to provide to an establishment to begin work?

An applicant will need to show an establishment a letter or other document showing proof they have submitted their application to the Department of Taxation or for applications submitted to the Division of Public and Behavioral Health (DPBH) prior to July 1, the applicant can use the document showing proof they submitted their application to DPBH. 

How long is the temporary approval valid?

After July 1, 2017, up to 30 days if the person’s approval has not been revoked.

Delivery/Distribution

Do I have to use a licensed distributor?

A licensed distributor is required to transport marijuana to a retail marijuana store.

Can a retail marijuana store deliver to an adult-use customer?

Yes, the retail marijuana store must follow the transportation rules under the temporary regulations.

Can a marijuana cultivation facility transport to a marijuana production facility without a licensed distributor?

Yes, a licensed distributor is only required when delivering adult-use marijuana to a retail store. 

Is there a requirement to designate marijuana or marijuana products delivered to a dual licensed retail establishment as medical or adult-use?

If delivery is made to a dual licensed retail establishment without a licensed distributor, it can only be sold as medical marijuana to patient cardholders.  The licensed dispensary should keep records that upon inspection or audit would show that the delivered marijuana or products were sold only to cardholders. 

If a licensed distributor is used for the delivery, there is no requirement to designate marijuana or marijuana products as medical or adult-use except at the point of sale.

Can a dual license cultivation or production facility transport to a dual license dispensary without using a distributor?

Yes, if they are transporting medical-only product that complies with the rules in the answer above.

What if there are not any licensed distributors?

Until there are licensed distributors, there is no legal way to move adult-use marijuana to a retail store.

What if I designate my entire inventory as medical marijuana in order to transport it to a retail store and then sell it as retail marijuana?

The ONLY legal way to transport adult-use marijuana to a retail store is through a licensed distributor.  If you transport marijuana by any other means, you will be subject to enforcement action by the Department up to and including revocation of your license.

Transactions with Medical Only Certificate Holders

How does a medical only cultivator or product manufacturer sell its products to a dual licensed establishment?

A cultivator or product manufacturer that only has a medical marijuana registration certificate can only sell marijuana or marijuana products to a dual licensed marijuana establishment if there is an agreement between the establishments acknowledging that the marijuana or product can only be sold to a medical patient cardholder.

How will the Department enforce this?

The licensed dispensary should keep records that upon inspection or audit would show that the delivered marijuana or products were sold only to cardholders.  If the Department finds establishments in violation of the requirements for medical only inventory tracking, they will be subject to enforcement action.

When can marijuana that is purchased from a medical only cultivator or product manufacturer be sold as adult-use marijuana?

With the exception of the inventory a dispensary has on hand July 1, 2017, marijuana that’s purchased from a medical only cultivator or product manufacturer can never be sold as adult-use.

Taxes

What are the taxes on marijuana?

Starting July 1, 2017, marijuana will be taxed in the following way:

  • 15% excise tax on the first wholesale sale (calculated on the Fair Market Value); and 
  • Sales tax; and 
  • 10% retail excise tax on the sale price when sold for adult-use and not to a patient cardholder.  Marijuana or products sold to a patient cardholder are not subject to this 10% excise tax. 

Is the retail excise tax imposed on the original price or discounted price?

The tax is imposed on the sales price.  The sales price does not include cash discounts allowed and taken on sales.

Is the retail sales tax imposed upon the original price or the price plus the retail excise tax?

The retail sales tax is applied on the sales price, not including the retail excise tax.

Is the retail excise tax imposed on the original price or the price plus the sales tax?

The retail excise tax is applied on the sales price, not including the sales tax.

For products that were already sold from the cultivator prior to July 1, 2017, will there be an additional wholesale tax imposed based on the new tax structure?

No, any items that were sold from the cultivator prior to July 1, 2017, whether in the inventory of the producer/manufacturer or the retail store or dispensary will only be subject to the retail excise tax and/or sales tax when it is sold as adult-use or to a patient cardholder.

Is there anything else I need to know about the tax changes?

Under the new tax structure, only cultivators and retail stores will file and pay marijuana taxes. The Department will automatically convert cultivators’ tax accounts from Medical Marijuana Tax (MMT) to Wholesale Marijuana Tax (WMT). A cultivator will need to file a WMT return monthly, even if filing a “zero” return (i.e. even if there is no tax liability). 

The Department will establish Retail Marijuana Tax (RMT) accounts for retail stores, who will also need to file and pay a RMT return monthly. 

All other licensees will have their MMT accounts removed, and will not be required to file and pay marijuana taxes.

The establishments must also file a monthly sales tax return that includes both the sales for adult-use and the sales to patient cardholders.   

Establishments that do not file each of the required returns – even if they do not owe tax – will receive delinquency notices from the Department.

Packaging and Labeling

What are the requirements for packaging, labeling, advertising and potency of adult-use marijuana?

 The Department adopted an  emergency regulation addressing these requirements and restrictions.  All establishments should familiarize themselves with the regulation.

 

How do I address the differences in the packaging and labeling requirements for medical versus adult-use marijuana in my dual-license store?

All products for sale must meet the stricter requirements and restrictions in the Department’s regulation.

When do the labeling and packaging requirements that were passed in the 2017 legislative session become effective for medical marijuana?

October 1, 2017.

When do the labeling and packing requirements that in the Department’s regulation for adult-use become effective?

July 1, 2017.

Licensing

I received a conditional approval letter from the Department. It says the conditional approval expires June 30, but I will not have my local zoning approval until after that date. What do I do?

When you obtain your approval from the locality, submit it to the Department. When the Department confirms that your application is complete, your application should be ready for approval.   

Keep in mind that you cannot begin operating under adult-use until the Department issues your unconditional license.

Monthly Establishment Reports

What format do the reports have to be submitted on?

 

 

Reports will only be accepted on the required excel format templates provided by the Division at https://tax.nv.gov/Forms/MMT/, under "Required Marijuana Establishment Reporting."  Failure to provide the report on the required template will result in the report being rejected and may result in disciplinary action including but not limited to civil penalties and/or license suspension.  

 

When are the Monthly Reports due?

The Mandatory Monthly Reports (Cultivation, Production, Dispensary) are due to the Department 30 days after quarter end beginning April 1, 2019.  If you did not have any sales or activity, indicate this on the reporting month worksheet and file it by the deadline.  For example: April, May and June data is due by July 30.  Failure to comply may result in disciplinary action including but not limited to civil penalties and/or license suspension.  For example:  April, May and June data is due by July 30.

What should be the file name on my reports when I submit them?

Establishment ID, months, year, MONTHLY.  At a glance, this will inform the Division what your report contains.

                For Example: C999 April May June 19 MONTHLY

Failure to file the report with the correct file name and template will result in the report being rejected and may result in disciplinary action including but not limited to civil penalties and/or license suspension.

When I submit the Monthly Reports, what should be the subject of the email?

The subject should include the Establishment ID’s for each establishment attachment included in the email, months, year, MONTHLY.

For Example: D999 April May June 19 MONTHLY  

Failure to submit the report with the correct email subject line,  file name and template will result in the report being rejected and may result in disciplinary action including but not limited to civil penalties and/or license suspension.

Where do I submit the Monthly Reports?

Email all monthly reports by the designated due date to MetrcPM@tax.state.nv.us on the required excel templates.  

How many reports do I need to submit each month?

One report must be submitted for each license.  For example, if you have a medical cultivation license and a recreational cultivation license, you are required to submit 2 reports.

What if there was no activity on a license during a reporting month?

A report must be submitted every month for every license.  If there was no activity during the reporting month, indicate this on the report you submit for that license.

Do I have to submit information for Infused Pre-rolls and Pre-rolled Cigs/Joints by each?

Yes, these categories must be reported by each on these reports. 

What is an Establishment ID?

For a medical license, it will begin with a C, P or D and is followed by 3 numbers.  For a recreational license, it will begin with RC, RP or RD and is followed by 3 numbers.

What is a License Number?

The license number is your marijuana establishment license/certificate number and it is 20 digits.

What if I did not turn in my report on time?

You are still required to submit the required Monthly Reports and you may be subject to disciplinary action and/or civil penalties.

Cultivation Facilities: What about the months of October, November and December for FMV determination?

A FMV ListServ request was distributed on April 17, 2019 with a submission deadline of May 15, 2019.  

What about Monthly Reports for the months of January, February and March 2019?

During the months of January, February and March 2019, the reports were required to be submitted by the 15th of the month following the reporting month.   

Who do I contact if I have a question about the Monthly Reports?

Email all Monthly Report questions to MetrcPM@tax.state.nv.us.

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/