Marijuana Dispensary in Nevada
Open a Marijuana Dispensary in Nevada
As of April 1, 2014, State law permits a limited number of licenses for the operation of a medical marijuana dispensary in Nevada. The law will also allow cultivation facilities, testing labs, and producers of edible marijuana products to operate in the state as well.
The application processes for opening a dispensary, cultivation facility, edible marijuana production facility or testing lab are the same. The applicant obtains an application from the Nevada State Health Division. The application asks for the following information:
- The name of the prospective medical marijuana establishment
- The physical address of the prospective medical marijuana establishment as well as the address of any associated medical marijuana establishments
- Evidence that applicant controls at least $250,000 in liquid assets to pay for initial expenses and compliance
- Evidence that the applicant either owns the property or has permission to use the property for a medical marijuana establishment
- The names, addresses and dates of birth of each prospective owner, officer and board member
- Fingerprints of the medical marijuana establishment’s prospective owners, officers and board members as well as their permission to submit to a FBI background check
- The names, addresses and dates of birth of each prospective employee
- Prospective operating procedures of the medical marijuana establishment regarding its safety, security, electronic verification system, and inventory control system
- Prospective operating procedures for selling or delivering marijuana (if applicable)
- A letter from the local government showing that the prospective medical marijuana establishment would be in compliance with local ordinances, land use rules and zoning rules
The Nevada State Health Division will respond to applications within 90 days. If accepted, the medical marijuana establishment will be issued a random 20-digit identification number. Registration certificates are good for one year and may be renewed.
Note that there are only 10 business days a year that the Nevada State Health Division accepts applications for medical marijuana establishments.
Also note that any medical marijuana establishment registration certificate is considered “provisional” until the establishment is in full compliance with local rules and has a business license.
FACTORS TO OPEN A MARIJUANA FACILITY IN NEVADA
The Nevada State Health Division looks at the following factors when deciding whether to allow a new medical marijuana facility to open:
- The applicant’s financial resources,
- The previous business and non-profit experience of the prospective, owners, officers and board members,
- The education and expertise of the prospective owners, officers and board members,
- The convenience of the proposed location and its impact on the community
- The adequacy of the size of the proposed establishment,
- The proposed plan for the care, safekeeping and quality of the medical marijuana, and
- The amount of taxes paid and contributions made to Nevada (or its political subdivisions) by the prospective owners, officers and board members.
Licenses, Fees and Facts about Opening a Marijuana Dispensary in Nevada
|Medical Marijuana Dispensary
|Medical Marijuana Cultivation Facility
|Marijuana Infused and Edible Produces Facility
|Marijuana Testing Lab
|Marijuana Agent Registration Card
|Marijuana Excise Tax
|Marijuana Dispensaries Allowed in Clark County
Medical Marijuana Dispensary in Nevada
Each medical marijuana patient cardholder specifies only one dispensary to buy from. In other words, each patient is matched with one dispensary. But note that patients may change designated dispensaries once within a thirty-day period
Selling Medical Marijuana in Nevada to Out-of-State Residents
Nevada dispensaries may sell medical marijuana to out-of-state residents if all of the following conditions are met:
- The non-resident has a valid, non-expired medical marijuana card from his/her home state, and
- The non-resident’s home state exempts cardholders from criminal prosecution for medical marijuana use, and
- The law of the non-resident’s home state requires that physicians advise patients that medical marijuana use may help their symptoms as a precondition to the state issuing patients a medical marijuana card, and
- The non-resident’s home state maintains a database through which Nevada authorities may verify his/her card’s validity. (NRS 372A)
Nevada medical marijuana dispensaries may not sell a non-resident more medical marijuana than legally allowed in Nevada. This rule holds even if the patient’s home state permits patients to possess greater quantities of medical marijuana than Nevada does.
A Medical Marijuana Dispensary in Nevada must adhere to the following rules:
- The medical marijuana must be stored in enclosed, locked facility that is accessible only by agents of the establishment and repairmen that they allow inside.
- The medical marijuana must be stored in a secure, locked device, display case, cabinet or room within the enclosed locked facility. They must be protected by a lock that meets security ratings established by Underwriters Laboratories for Key locks.
- Only a medical marijuana establishment registered agent employed by or volunteering at the facility may remove the marijuana and only for the purpose of dispensing it; furthermore, they may not remove it until immediately before it is dispensed.
- The establishment must maintain an inventory control system approved by the Nevada State Health Division that records the chain of custody of the marijuana from seed to sale including names, dates, quantities and potency. The medical marijuana patient cardholders’ names should remain encrypted and private.
- The establishment also must maintain an electronic verification system approved by the Nevada State Health Division that records all the names and card information of the medical marijuana patients who purchased from it within the last 60 days. It must also include the names and card information of agents and volunteers who work there. (Note that Nevada medical marijuana establishments may share this information with each other, and the information must be accessible to the Nevada State Health Division.)
- The medical marijuana establishment must be located in a commercial or industrial zone or overlay.
- The medical marijuana establishment also must be located in its own separate building or facility.
- The medical marijuana establishment must comply with local rules regarding land use, zoning, and signage.
- The exterior must be professional and traditional of medical establishments. And the signage must be discreet.
Dispensaries and Production Facilities of Edible Marijuana Product and Marijuana-Infused Products in Nevada must adhere to the following rules:
- The marijuana must be clearly and unambiguously labeled as medical marijuana.
- The marijuana must not be packaged in a way that is appealing to children.
- The marijuana must be regulated and sold on the basis of THC (delta-9-tetrahydrocannabinol) concentration and not by weight.
- The marijuana must be labeled so as to allow tracking by the establishment’s inventory control system.
A Medical Marijuana Dispensary in Nevada specifically must follow these rules as well:
- All marijuana products must show the weight, concentration and content of THC in clear and accurate labels.
- Dispensaries cannot sell a customer more than two and one-half ounces of medical marijuana within a fourteen-day period.
- The dispensary must post a sign stating the legal limits of medical marijuana.
- The dispensary must have a single entrance for patrons.
Questions? Need Additional Information?
Contact the experts at Denver Consulting Group.