CHAPTER453A. Medical Use of Marijuana  


GENERAL PROVISIONS
NRS 453A.010. Definitions.
NRS 453A.020. “Administer” defined.
NRS 453A.030. “Attending physician” defined.
NRS 453A.040. “Cachexia” defined.
NRS 453A.050. “Chronic or debilitating medical condition” defined.
NRS 453A.053. “Crime of violence” defined. [Effective April 1, 2014.]
NRS 453A.056. “Cultivation facility” defined. [Effective April 1, 2014.]
NRS 453A.060. “Deliver” and “delivery” defined.
NRS 453A.080. “Designated primary caregiver” defined.
NRS 453A.090. “Division” defined.
NRS 453A.100. “Drug paraphernalia” defined. [Effective through March 31, 2014.]
NRS 453A.101. “Edible marijuana products” defined. [Effective April 1, 2014.]
NRS 453A.102. “Electronic verification system” defined. [Effective April 1, 2014.]
NRS 453A.103. “Enclosed, locked facility” defined. [Effective April 1, 2014.]
NRS 453A.104. “Excluded felony offense” defined. [Effective April 1, 2014.]
NRS 453A.105. “Facility for the production of edible marijuana products or marijuana-infused products” defined. [Effective April 1, 2014.]
NRS 453A.107. “Independent testing laboratory” defined. [Effective April 1, 2014.]
NRS 453A.108. “Inventory control system” defined. [Effective April 1, 2014.]
NRS 453A.110. “Marijuana” defined.
NRS 453A.112. “Marijuana-infused products” defined. [Effective April 1, 2014.]
NRS 453A.115. “Medical marijuana dispensary” defined. [Effective April 1, 2014.]
NRS 453A.116. “Medical marijuana establishment” defined. [Effective April 1, 2014.]
NRS 453A.117. “Medical marijuana establishment agent” defined. [Effective April 1, 2014.]
NRS 453A.118. “Medical marijuana establishment agent registration card” defined. [Effective April 1, 2014.]
NRS 453A.119. “Medical marijuana establishment registration certificate” defined. [Effective April 1, 2014.]
NRS 453A.120. “Medical use of marijuana” defined.
NRS 453A.125. “Paraphernalia” defined. [Effective April 1, 2014.]
NRS 453A.130. “Production” defined.
NRS 453A.140. “Registry identification card” defined.
NRS 453A.150. “State prosecution” defined.
NRS 453A.155. “THC” defined. [Effective April 1, 2014.]
NRS 453A.160. “Usable marijuana” defined.
NRS 453A.170. “Written documentation” defined.
LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION CARDS
NRS 453A.200. Holder of valid registry identification card exempt from state prosecution for certain acts involving marijuana and drug paraphernalia; mere presence of person in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense. [Effective through March 31, 2014.]
NRS 453A.200. Holder of valid registry identification card or medical marijuana establishment registration certificate exempt from state prosecution for certain acts involving marijuana and paraphernalia; no crime for mere presence in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense; holder of card prohibited from cultivating, growing or producing marijuana if dispensary opens in county of residence; exceptions. [Effective April 1, 2014, and through March 31, 2016.]
NRS 453A.200. Holder of valid registry identification card or medical marijuana establishment registration certificate exempt from state prosecution for certain acts involving marijuana and paraphernalia; no crime for mere presence in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense; holder of card prohibited from cultivating, growing or producing marijuana if dispensary opens in county of residence; exceptions. [Effective April 1, 2016.]
NRS 453A.210. Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application. [Effective through March 31, 2014.]
NRS 453A.210. Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application. [Effective April 1, 2014.]
NRS 453A.220. Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal. [Effective through March 31, 2014.]
NRS 453A.220. Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal. [Effective April 1, 2014.]
NRS 453A.225. Registry identification cards: Revocation; duties; judicial review; reapplication prohibited for 12 months.
NRS 453A.230. Registry identification card: Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card. [Effective through March 31, 2014.]
NRS 453A.230. Registry identification card: Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card. [Effective April 1, 2014.]
NRS 453A.240. Registry identification cards: Card to be returned to Division following diagnosis of absence of chronic or debilitating medical condition.
NRS 453A.250. Registry identification cards: General requirements concerning designation of primary caregiver; user of medical marijuana not to have more than one designated primary caregiver; timing of issuance of card to caregiver if caregiver designated after initial issuance of card to patient.
PROHIBITED ACTS; AFFIRMATIVE DEFENSES
NRS 453A.300. Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty. [Effective through March 31, 2014.]
NRS 453A.300. Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty. [Effective April 1, 2014.]
NRS 453A.310. Affirmative defenses.
PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA
Registration of Medical Marijuana Establishments and Medical Marijuana Establishment Agents
NRS 453A.320. Purpose of registration; no vested right acquired by holder of registration certificate or registration card. [Effective April 1, 2014.]
NRS 453A.322. Registration of establishments: Requirements; expiration and renewal. [Effective April 1, 2014.]
NRS 453A.324. Registration of establishments: Limitation on total number of certificates that can be issued in each county; limitation on number of days Division may accept applications in calendar year. [Effective April 1, 2014.]
NRS 453A.326. Registration of establishments in larger counties: Limitation on number of medical marijuana dispensaries located in any one governmental jurisdiction within county; limitation on number of certificates issued to any one person; certificates deemed provisional pending compliance with local requirements and issuance of local business license. [Effective April 1, 2014.]
NRS 453A.328. Registration of establishments: Considerations in determining whether to issue registration certificate. [Effective April 1, 2014.]
NRS 453A.332. Agents required to register with Division; requirements for registration; establishment required to notify Division if agent ceases to be employed by or volunteer at establishment; expiration and renewal of registration. [Effective April 1, 2014.]
NRS 453A.334. Registration cards and registration certificates nontransferable. [Effective April 1, 2014.]
NRS 453A.336. Payment of child support: Statement by applicant for registration card or registration certificate; grounds for denial; duties of Division. [Effective April 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 453A.338. Suspension of registration card or registration certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of registration card or registration certificate. [Effective April 1, 2014, and until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 453A.340. Grounds for immediate revocation of registration certificate. [Effective April 1, 2014.]
NRS 453A.342. Grounds for immediate revocation of registration card. [Effective April 1, 2014.]
NRS 453A.344. Fees. [Effective April 1, 2014.]
Requirements Concerning Operation of Medical Marijuana Establishments
NRS 453A.350. Location, land use, appearance and signage. [Effective April 1, 2014.]
NRS 453A.352. Operating documents; security measures; actions of establishment with respect to marijuana required to be for certain purpose; requirements for cultivation; dispensary and cultivation facility authorized to acquire marijuana from patient; allowing consumption on premises prohibited; inspection. [Effective April 1, 2014.]
NRS 453A.354. Electronic verification system. [Effective April 1, 2014.]
NRS 453A.356. Inventory control system. [Effective April 1, 2014.]
NRS 453A.358. Duties of medical marijuana dispensaries relating to sale of medical marijuana and related products and relating to notice of legal limits on possession of medical marijuana. [Effective April 1, 2014.]
NRS 453A.360. Requirements concerning edible marijuana products and marijuana-infused products. [Effective April 1, 2014.]
NRS 453A.362. Requirements concerning storage and removal of medical marijuana. [Effective April 1, 2014.]
Miscellaneous Provisions
NRS 453A.364. Recognition of nonresident cards. [Effective April 1, 2014, and through March 31, 2016.]
NRS 453A.364. Recognition of nonresident cards. [Effective April 1, 2016.]
NRS 453A.366. Designation of medical marijuana dispensary. [Effective April 1, 2014.]
NRS 453A.368. Testing laboratories. [Effective April 1, 2014.]
NRS 453A.370. Regulations. [Effective April 1, 2014.]
SEARCH AND SEIZURE
NRS 453A.400. Possession of registry identification card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged or assisting in medical use of marijuana in accordance with provisions of chapter. [Effective through March 31, 2014.]
NRS 453A.400. Possession of registry identification card, registration certificate or registration card not permissible grounds for search or inspection; care and return of seized property; determination that person is engaged in, facilitating or assisting in medical use of marijuana in accordance with provisions of chapter. [Effective April 1, 2014.]
NRS 453A.410. Forfeiture of assets seized. [Effective April 1, 2014.]
ACTIONS OF PROFESSIONAL LICENSING BOARDS
NRS 453A.500. Board of Medical Examiners and State Board of Osteopathic Medicine prohibited from taking disciplinary action against attending physician on basis of physician’s participation in certain activities in accordance with chapter.
NRS 453A.510. Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with chapter.
RESEARCH; APPROVAL OF FEDERAL GOVERNMENT
NRS 453A.600. Program for evaluation and research of medical use of marijuana: Establishment by University of Nevada School of Medicine; federal approval; participants and subjects; quarterly report to Interim Finance Committee.
NRS 453A.610. Program for evaluation and research of medical use of marijuana: Duties of University of Nevada School of Medicine concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.
NRS 453A.620. Program for evaluation and research of medical use of marijuana: Authority of Department of Administration of University of Nevada School of Medicine concerning gifts, grants, donations and contributions; deposit of money in State Treasury.
NRS 453A.630. Program for evaluation and research of medical use of marijuana: Deposit, use and disposition of money; Department of Administration of University of Nevada School of Medicine to administer account.
MISCELLANEOUS PROVISIONS
NRS 453A.700. Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.
NRS 453A.710. Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations.
NRS 453A.720. Authority of the Administrator of the Division concerning gifts, grants, donations and contributions; deposit of money in State Treasury.
NRS 453A.730. Deposit, use and disposition of money; administration of account.
NRS 453A.740. Regulations; fees. [Effective through March 31, 2014.]
NRS 453A.740. Regulations; fees. [Effective April 1, 2014.]
NRS 453A.800. Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be accommodated in workplace. [Effective through March 31, 2014.]
NRS 453A.800. Costs associated with medical use of marijuana not required to be paid or reimbursed; medical use of marijuana not required to be allowed in workplace; medical needs of employee who engages in medical use of marijuana to be accommodated by employer in certain circumstances. [Effective April 1, 2014.]
NRS 453A.810. State not responsible for deleterious outcomes.