Existing law provides for the licensure and regulation of persons and establishments involved in the cannabis industry in this State by the Cannabis Compliance Board. (Title 56 of NRS) This bill provides for the permitting and regulation by the board of county commissioners of a county and the governing body of an incorporated city of events at which the sale of cannabis or cannabis products and the consumption of cannabis or cannabis products by persons 21 years of age or older is allowed. Section 6 of this bill designates such events as “temporary cannabis events.” This bill also provides for the licensure and regulation by the Cannabis Compliance Board of persons who sell cannabis and cannabis products at temporary cannabis events. Section 4 of this bill designates such a person a “cannabis concierge.”
Section 35.3 of this bill authorizes the board of county commissioners of a county to adopt an ordinance providing for the issuance of a permit to authorize a person to hold a temporary cannabis event in an unincorporated area of the county. Section 35.3 prohibits a person from holding a temporary cannabis event in an unincorporated area of a county unless the board of county commissioners has adopted such an ordinance and issued the person a permit. Section 35.3 also: (1) sets forth various requirements for the contents of such an ordinance, including, without limitation, requirements concerning the process by which a person may obtain a permit to hold a temporary cannabis event and requirements concerning the operation of such an event; and (2) authorizes a board of county commissioners that adopts such an ordinance to charge a fee for the issuance of a permit and engage in certain other activities. Section 35.6 of this bill establishes similar provisions for the governing body of an incorporated city for temporary cannabis events held in the incorporated city. Section 14 of this bill prohibits a person from selling cannabis or cannabis products at a temporary cannabis event unless: (1) the person has been licensed by the Cannabis Compliance Board as a cannabis concierge; and (2) the Board has issued the person a cannabis concierge sales permit for the temporary cannabis event. Section 18 of this bill establishes requirements for licensure as a cannabis concierge. Section 14 sets forth certain requirements for a cannabis concierge to obtain a cannabis concierge sales permit. Sections 15 and 16 of this bill set forth certain requirements for sales of cannabis and cannabis products by a cannabis concierge at a temporary cannabis event.
Section 19 of this bill requires a cannabis concierge who sells cannabis and cannabis products at a temporary cannabis event to purchase all cannabis or cannabis products for resale at the temporary cannabis event from an adult-use cannabis retail store.
Existing law defines “social equity applicant” to mean, in general, an applicant for the issuance or renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge who has been adversely affected by previous laws which criminalized activity relating to cannabis. (NRS 678B.065) Existing law requires the Board to adopt regulations establishing criteria for determining whether an applicant qualifies as a social equity applicant. (NRS 678B.323) Section 24 of this bill expands the definition of “social equity applicant” to include an applicant for the issuance or renewal of a cannabis concierge license who has been adversely affected by previous laws which criminalized activity relating to cannabis. Section 27 of this bill requires the Board to adopt regulations establishing criteria for determining whether such an applicant qualifies as a social equity applicant. Section 21 of this bill imposes certain requirements and restrictions on the Board concerning the manner in which cannabis concierge licenses must be issued.
Section 22 of this bill sets forth certain requirements for the issuance of a cannabis concierge license under circumstances in which more than one qualified applicant has applied for a license. Section 22 requires the Board to revoke the license of a cannabis concierge who has held a cannabis concierge license for at least 18 months and has not been issued a cannabis concierge sales permit for a temporary cannabis event in the immediately preceding 18 months and provides for the reissuance of such a revoked license. Section 41.5 of this bill provides that a person who is issued one of the first five cannabis concierge licenses is deemed not to hold a license for the purposes of those requirements until 2 years after the date on which the license was issued. As such, under sections 22 and 41.5, the license of a such a person is not subject to revocation for failing to be issued a cannabis concierge sales permit until at least 42 months after the issuance of the license.
Existing law imposes an excise tax on each retail sale of cannabis or cannabis products by an adult-use cannabis retail store or cannabis consumption lounge. (NRS 372A.290) Section 39 of this bill applies this excise tax to retail sales of cannabis or cannabis products by a cannabis concierge. Sections 36 and 38 of this bill make conforming changes to reflect the imposition of the excise tax on retail sales of cannabis or cannabis products by a cannabis concierge.
Section 29 of this bill establishes certain fees associated with a cannabis concierge license and a cannabis concierge sales permit.
Section 9 of this bill includes a cannabis concierge within the definition of “cannabis establishment” provided in existing law, thereby subjecting such businesses to the requirements of existing law applicable to cannabis establishments. (NRS 678A.095) Similarly, section 10 of this bill includes a cannabis concierge sales permit and a cannabis concierge license within the definition of “license” provided in existing law, thereby subjecting the holders of such licenses to the provisions of existing law applicable to holders of other licenses issued by the Board. (NRS 678A.160) Section 11 of this bill authorizes the Board to adopt regulations providing policies and procedures under which the Board is authorized to waive any requirement applicable to a cannabis establishment that the Board determines is not appropriate for a cannabis concierge. Section 31 of this bill requires the Board to adopt regulations concerning the safe and healthful conduct of sales of cannabis and cannabis products by a cannabis concierge at a temporary cannabis event.
Section 23 of this bill provides that a cannabis concierge license or cannabis concierge sales permit issued by the Board pursuant to the provisions of this bill is a revocable privilege. Sections 25 and 26 of this bill prohibit the issuance of a medical cannabis establishment license or an adult-use cannabis establishment license, respectively, if any of the persons proposed to be owners, officers or board members of the establishment have previously served in such a position for a cannabis establishment that has had a cannabis concierge license or cannabis concierge sales permit issued by the Board revoked.
Existing law requires the Board to adopt regulations setting forth procedures and requirements for the transfer of a license. (NRS 678B.380) Section 28 of this bill requires such regulations to set forth certain specified authorizations and requirements for the transfer of a cannabis concierge license.
Section 30 of this bill revises provisions of existing law that prohibit a person from selling or advertising the sale of cannabis or cannabis products for the purpose of authorizing the holder of a cannabis concierge license to engage in such activities. (NRS 678B.530) Existing law exempts, in general, persons who hold certain licenses issued by the Board from state prosecution for certain offenses relating to cannabis. (NRS 678D.200) Section 33 of this bill expands this exemption to include the holder of a cannabis concierge license.
Existing law prohibits, with certain exceptions, the consumption of cannabis or cannabis products in a public place. (NRS 678C.300, 678D.300, 678D.310) Sections 32, 34 and 35 of this bill revise these provisions for the purposes of authorizing a person to consume cannabis or cannabis products in an area designated for that activity at a temporary cannabis event.
Existing law prohibits a person from opening or maintaining a place for the purpose of unlawfully selling, giving away or using any controlled substance. (NRS 453.316) Section 41 of this bill exempts from the application of this provision: (1) a person who has been issued a permit by the board of county commissioners of a county or the governing body of an incorporated city to hold a temporary cannabis event and whose activities are confined to those authorized under the provisions of the ordinance adopted by the board of county commissioners or governing body, as applicable; and (2) a cannabis concierge who sells cannabis and cannabis products at a temporary cannabis event and whose activities are confined to those authorized by the provisions of this bill.
Section 41.3 of this bill makes an appropriation to the Department of Taxation for payments under the cost allocation plan for services of the Attorney General and for personnel, travel, operating, equipment and information services expenses associated with implementing the provisions of this bill.
Sections 4-7 of this bill define words and terms applicable to the provisions of this bill. Sections 8 and 37 of this bill make conforming changes to indicate the proper placement of new provisions in the Nevada Revised Statutes. Section 40 of this bill makes a conforming change to reflect the addition of the provisions of section 29.
Statutes affected: As Introduced: 678A.010, 678A.095, 678A.160, 678A.450, 678B.010, 678B.065, 678B.210, 678B.250, 678B.323, 678B.380, 678B.390, 678B.530, 678B.650, 678C.300, 678D.200, 678D.300, 678D.310, 372A.200, 372A.250, 372A.290, 387.1212, 453.316
Reprint 1: 678A.010, 678A.095, 678A.160, 678A.450, 678B.010, 678B.065, 678B.210, 678B.250, 678B.323, 678B.380, 678B.390, 678B.530, 678B.650, 678C.300, 678D.200, 678D.300, 678D.310, 372A.200, 372A.250, 372A.290, 387.1212, 453.316
Reprint 2: 678A.010, 678A.095, 678A.160, 678A.450, 678B.010, 678B.065, 678B.210, 678B.250, 678B.323, 678B.380, 678B.390, 678B.530, 678B.650, 678C.300, 678D.200, 678D.300, 678D.310, 372A.200, 372A.250, 372A.290, 453.316
BDR: 678A.010, 678A.095, 678A.160, 678A.450, 678B.010, 678B.065, 678B.210, 678B.250, 678B.323, 678B.380, 678B.390, 678B.530, 678B.650, 678C.300, 678D.200, 678D.300, 678D.310, 372A.200, 372A.250, 372A.290, 387.1212, 453.316