Existing law requires the Cannabis Compliance Board to adopt regulations setting forth procedures and requirements for the issuance of a hold order for cannabis or a cannabis product. Under existing law, the regulations must authorize an agent of the Board to issue a hold order only under circumstances in which cannabis or a cannabis product fails to satisfy a requirement set forth in the provisions of existing law governing cannabis or the regulations adopted pursuant thereto and constitutes a substantial hazard to the public health. (NRS 678A.455) Section 1 of this bill instead requires the regulations to authorize the issuance of a hold order only under circumstances in which cannabis or a cannabis product fails to satisfy a requirement set forth in any statute or regulation and constitutes a substantial hazard to the public health or public safety.
Existing law additionally requires the regulations governing hold orders to require a hold order to be automatically terminated not later than 30 days after its issuance unless the Board extends the duration of the hold order after notice and a hearing and for good cause shown. (NRS 678A.455) Section 1 revises that requirement to require a hearing to be held before the extension of the duration of a hold order only if the cannabis establishment to which notice of the extension was provided requests the hearing.
Existing law sets forth procedures by which an agent of the Board who finds a condition in the operation of a cannabis establishment which constitutes a substantial hazard to the public health may issue an order that may require the immediate suspension of the license and discontinuance of the operations of the cannabis establishment. (NRS 678B.3875) Existing law requires the Board to adopt certain regulations concerning substantial hazards to the public health which may exist at a cannabis establishment. Existing law defines “substantial hazard to the public health” for the purpose of those provisions to include certain specified conditions. (NRS 678B.387) Sections 2 and 3 of this bill: (1) expand the scope of those provisions to apply to substantial hazards to the public health or public safety, rather than only substantial hazards to the public health; and (2) define “substantial hazard to the public health or public safety” to include the conditions set forth under existing law concerning substantial hazards to the public health and also additional conditions relating to public safety.
Existing law prohibits a cannabis establishment from using, among other images, an image of fruit in advertising by the establishment. (NRS 678B.520) Section 4 of this bill removes that prohibition. Section 5 of this bill, effective July 1, 2028, prohibits a cannabis product from being presented in packaging that contains an image of fruit, except that such an image is authorized to be used in the logo of the cannabis production facility which produced the product.
Existing law sets forth the items that a cannabis sales facility may sell. (NRS 678B.520) Existing law authorizes a food safety authority to exempt a food establishment from the provisions of existing law governing the permitting and regulation of food establishments under certain circumstances. (NRS 580.900) Section 4 authorizes a cannabis sales facility which has been so exempted to sell any food that does not contain THC or cannabidiol which is authorized pursuant to the exemption.
Existing law requires a cannabis establishment to ensure that all advertising by the cannabis establishment contains such warnings as may be prescribed by the Board. (NRS 678B.520) Section 4 sets forth requirements concerning how such warnings must be displayed on the advertisement if the advertisement is displayed visually.
Existing law requires the Board to develop, implement and maintain an electronic database whereby the public may obtain information relating to testing conducted on cannabis and cannabis products by cannabis independent testing laboratories which has been collected through computer software used for the seed-to-sale tracking of cannabis and cannabis products. (NRS 678B.635) Section 6 of this bill provides that those requirements apply only to the extent that: (1) money is available for the purpose of carrying out those requirements; and (2) the provider of the computer software used for the seed-to-sale tracking of cannabis and cannabis products adopted by the Board is able to make the computer software compatible with the electronic database for the purpose of carrying out those requirements.
Under existing law, a cannabis consumption lounge may obtain cannabis or cannabis products for the purposes of resale or the production of ready-to-consume cannabis products only from: (1) for a retail cannabis consumption lounge, the adult-use cannabis retail store to which the lounge is attached or immediately adjacent; and (2) for an independent cannabis consumption lounge, an adult-use cannabis retail store with which the lounge has entered into a contract. (NRS 678D.470, 678D.475) Sections 7 and 10 of this bill revise those requirements to instead allow a cannabis consumption lounge to obtain cannabis and cannabis products for the purposes of resale or the production of ready-to-consume cannabis products from any adult-use cannabis establishment.
Existing law requires any state agency subject to the Nevada Administrative Procedure Act that intends to adopt, amend or repeal a permanent regulation to deliver a copy of the proposed regulation to the Legislative Counsel for examination and revisions. (NRS 233B.063) Existing law requires a state agency to reimburse the Legislative Counsel Bureau for the cost of the examination and revisions. (NRS 233B.0635) Section 8 of this bill exempts the Board from the requirement to pay such reimbursement costs.
Existing law provides that a person designated as an enforcement agent by the Board is a peace officer for the purpose of the enforcement of the provisions of existing law governing cannabis, including, without limitation, the prevention of unlicensed cannabis sales. (NRS 289.355) Section 9 of this bill expands the circumstances under which such an enforcement agent has the powers of a peace officer.