"Medical Marijuana Establishments - FAQs

Please click on the questions to expand the answers.

Acquiring Plants from Patient Cardholders

How do MMEs go about purchasing marijuana from patients?

NAC 453A.414 lists inventory control responsibilities for MMEs when acquiring medical marijuana from a person who holds a valid registry identification card or his or her designated primary caregiver. At a minimum, the MME is required to document:
(1) A description of the medical marijuana acquired, including the amount and strain as specified by the cardholder or caregiver, if known;
(2) The name and number of the valid registry identification card of the person who provided the medical marijuana or, if provided by a designated primary caregiver, his or her name;
(3) The name and medical marijuana establishment agent registration card number of the medical marijuana establishment agent receiving the medical marijuana on behalf of the medical marijuana dispensary; and
(4) The date of acquisition.

  

Who is responsible for transporting marijuana being sold by the patient from the patient to the MME?

NAC 453A.416 states that an MME agent authorized by the medical marijuana establishment for which he or she is employed or volunteers may transport marijuana, paraphernalia, edible marijuana products and marijuana-infused products between the medical marijuana establishment and a person who holds a valid registry identification card or his or her designated primary caregiver.

 

How often can patients cardholders sell their medical marijuana?

NRS 453A.352, 5 states that “A patient who holds a valid registry identification card, and the designated primary caregiver of such a patient, may sell usable marijuana to a medical marijuana dispensary one time and may sell marijuana plants to a cultivation facility one time.”

 

What kinds of marijuana are patients allowed to sell?

Patients may sell harvested marijuana to dispensaries; they may sell plants to cultivators. They are allotted one sale to a dispensary; one sale to a cultivation establishment.

 

How much usable marijuana can a patient sell to a dispensary?

Patients may sell or donate -- one time -- sell the same amount of usable marijuana they are allowed to possess: 2 ½ oz.

 

How many plants can patients sell to a cultivator?

Patients may sell or donate -- one time -- up to 12 plants to a cultivator, the maximum number allowed for home-growing.

Advertising Guidelines

What are the guidelines for names, logos, signs and advertisements for MMEs?

According to NAC 453A.402, names, logos, signs and advertisements must be approved by the Division Administrator.

SUGGESTED LOGO/ADVERTISING CONTENT GUIDELINES FOR
MEDICAL MARIJANA ESTABLISHMENTS

These guidelines offer parameters for selecting your business will name and brand. NRS 453A.350 states that MMEs must “have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.” The Division Policy is available from the Establishment homepage under General Information, Policies at http://dpbh.nv.gov/Reg/MME/MME_-_Home/

In keeping with NRS and NAC, the guidelines address:

Overall appearance:
Not appealing to minors
No cartoon-like* figures or illustrations
No humor
No perception of high, fun, recreation, etc.
Tasteful
Respectful
Accurate
“Medical”
“Pharmaceutical”

Typography:
Clean fonts preferred (sans serif)
Avoid script, decorative or gimmicky fonts
Two fonts maximum

Acceptable words/references may include but are not limited to:
Green
Wellness
Compassion
Health
Patient
Therapy
Care
Garden
Nature
Marijuana
Cannabis

Color Recommendations:
Three colors maximum preferred

Avoid:
Making unfounded claims or promises.
Using the word “cure,” “prescription” or “pharmacy”
Marijuana slang such as 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 medicalmarijuana@health.nv.gov, and should reference the company name, DBA (if applicable), and MME ID number or numbers.

How does the approval process work?

The designs are reviewed by the Advertising Guidelines Workgroup to evaluate compliance with the advertising guidelines policy. The Advertising Guidelines Workgroup is comprised of Division staff and non-Division staff members with a background in healthcare and/or design. The Administrator has final say on approvals and denials for the names, logos, signs or advertisements.

How long does it take to get an approval?

The approval process generally takes about 2 weeks, however circumstances can make for a longer turnaround time.  MMEs are urged to consider publication and/or inspection deadlines seriously, and to plan on 3 weeks, just in case.

Are there examples available of appropriate versus inappropriate designs?

Agent Cards

How do MMEs get agent cards?

The agent card registration software is available for MMEs to register owners, officers, board members, employees and volunteers who are ready to do so. MMEs are asked to select a designee to interface with the software. For login and instructions, call the Agent Card Help Desk at 775-684-5921.

Individuals who are not owners, officers, board members, hired employees or selected volunteers are not able to preemptively get an agent card. Only MME designees may initiate the process to secure agent cards.

 

Who needs to have an agent card?

All owners, officers, board members, employees, contracted employees and volunteers must have an assigned agent card for each MME they will operate in. Seasonal workers must have agent cards.

NRS 453A.117 “Medical marijuana establishment agent” defined.
“Medical marijuana establishment agent” means an owner, officer, board member, employee or volunteer of a medical marijuana establishment.

 

 

What are the requirements to get an agent card?

Agent cardholders are at least 21 years of age, NRS 453A.332. They must never have had a previous agent card revoked. They must never have been convicted of an excluded felony offense, which includes crimes of violence, and felony convictions of violations of state or federal laws pertaining to controlled substances. NRS 453A.104.

 

How much do agent cards cost?

Initial issuance and annual renewals of agent cards is $75.00 per card, each time, paid to the State of Nevada. In addition, the fingerprint submission fee to the Department of Public Safety is $38.25, plus whatever the fingerprint company charges for their service.

 

If employees are getting more than one agent card for the same time frame, will one fingerprint/background check suffice?

Probably.  Check with someone at the Agent Card Help Desk, 775-684-5921.

 

Who pays for the agent cards, the employee or the MME?

Neither NRS nor NAC specify who should cover the cost of agent cards.

 

I would like to work for an MME. How can I get my agent card ahead of time?

Only MME designees can enter the secure agent card portal. To get an agent card, one must first get hired by an MME.

 

What about independent contractors who provide MMEs with employees--do these third-party licensees need agent cards?

Not only do the employees of independent contractors who work at MMEs need cards, but the independent contractor him or herself must also have agent card(s), per AB 70, Section 31.

 

What information is required on the agent card application?

Required information includes the applicant’s name, address, height and weight, etc. In addition, information is sought regarding the applicant’s criminal background, child support, and previous agent card history. Applicants submit fingerprints and agree to a background check.

 

How does the agent card application process work?

All agent card registration is done electronically through a web-based interface provided by the Division. The designee and the Division can access agent card information on the site. Only MME designees have login access to the system. The designees manage all agent card business for their establishment(s) on the secure agent card website with special access.

 

What kinds of training are MMEs required to provide for the agents?

All agents will receive training on the proper use of security measures to prevent diversion, theft of loss of marijuana; procedures for responding to an emergency; and state and federal confidentiality rules related to the use of medical marijuana. Depending on the category of card being issued -- dispensary, cultivation, production or laboratory --- there are additional required training topics. NAC 453A.336

 

 

What kind of instruction are dispensaries required to provide for their agents?

Per NAC 453A.336, in addition to the general training required for all MMEs, dispensaries shall ensure that, before the agent begins to work or volunteer at the medical marijuana dispensary, they get instruction on:
• The different strains of marijuana;
• The different methods of using marijuana, edible marijuana products and marijuana-infused products;
• How to recognize signs of medicine abuse or instability in the medical use of marijuana by a patient.

 

What is the procedure for MMEs when someone who does not have an agent card must be on MME premises?

Any person other than agents authorized to be on the premises of an MME, such as a vendor or contractor, must sign in and obtain a visitor identification badge from an MME agent before entering the premises. The visitors:
(a) Must be escorted and monitored by a medical marijuana establishment agent at all times he or she is on the premises of the medical marijuana establishment;
(b) Must visibly display his or her visitor identification badge at all times he or she is on the premises of the medical marijuana establishment; and
(c) Must return the visitor identification badge to a medical marijuana establishment agent upon leaving the premises of the medical marijuana establishment.

MMEs shall maintain a visitor log to record the name of the visitor and the date, time and purpose of each visit by a person other than those authorized to be on the premises. The MME shall make its visitor log available to the Division upon request. NAC 453A.406

 

Are seasonal or temporary workers required to have agent cards?

Yes, each regular, seasonal or temporary employee of or volunteer at a MME must obtain an agent card, and are not allowed on MME premises by obtaining a visitor identification badge. NAC453A.406, 5

 

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?

The establishment application filing period is currently closed. For 10 days during August, 2014, the Division accepted 519 applications for medical marijuana establishments. In November, 2014, 372 provisional certificates were issued. Starting in early 2015 and continuing into 2016, these establishments will open for business. It is unknown if or when the next filing period will take place.

 

What happened after the applications were turned in?

After the applications were turned in, the Division 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.

 

Dispensary Rumor

Rumor has it that dispensaries are approving patients for medical marijuana cards. How can that be happening?

Only the Division can approve medical marijuana applicants and issue letters of approval. Approvals involve, among other things, verifying the physicians who recommended that the medical use of marijuana may “mitigate the symptoms or effects” of the patient’s “qualifying chronic or debilitating condition.”

Many southern Nevada dispensaries offer assistance to patients who wish to apply online, but do not have adequate computer equipment. Registering online requires having internet access, a PC, printer, scanner and adequate computer skills. These dispensaries are able to assist patients with the Online Patient Registry by offering use of their computers, scanners and printers.

Ilegal Delivery Services

What, if anything, is being done about the medical marijuana delivery services that are operating in Nevada?

The Division 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 Nevada Division of Public and Behavioral Health. 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 Division. 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 Division Medical Marijuana Program at 775-684-3487.

Laboratory Testing

Are laboratories required to test for the presence of each analyte om the DPBH list entitled "List of Acceptable Pest Control Substances and Lowest Tolerance Levels"?

Yes. This is a compilation of certain substances within the U.S. EPA’s Crop Group 19 (Herbs and Spices) and Hops, along with the lowest acceptable tolerance level for the crop listed. This was provided by DPBH as a courtesy to the registered cultivators and laboratories, so that they would have a convenient list of all analytes to be monitored. All of these analytes must be tested to see that the tolerances detected by laboratories do not exceed the lowest tolerance mandated by the EPA.

 


Is DPBH going to add to the list? When?

The DPBH always reserves the right to add analytes to the list if it sees a public health, safety and welfare benefit to doing so. The DPBH cannot say how often it might be updated, but will endeavor to provide notice to laboratories when the list is updated, so that laboratories may purchase standards and update their processes if necessary.

 

Does the DPBH monitoring list tke precedence over the list of acceptable pesticides issued by the Nevada Department of Agriculture?

Neither list takes precedence over the other. DPBH’s duty and Agriculture’s duty are separate parts of the law. The Department of Agriculture is responsible for issuing a list of pesticides allowed to be used on medical marijuana. The Division of Public and Behavioral Health is responsible for providing policy guidance about testing to registered MMEs, and as part of that responsibility, may designate which analytes that laboratories must test for to protect public health and safety.

 

Are medical marijuana independent testing laboratories limited to testing product from registered medical marijuana cultivators and producers only?

Nothing in the medical 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 DPBH notes that laboratories may be subject other licensing, inspection, review, and other administrative procedures from local, state and federal authorities other than the DPBH.

 

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 DPBH 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 DPBH suggests that MME agents working as independent contractors are able to transport the samples from southern Nevada MMEs to the Department of Agriculture in Sparks.

 

 

When pulling a sample to be sent to an independent testing laboratory, is the cultivator's staff or the laboratory's staff supposed to pull the sample?

The DPBH expects laboratory personnel to pull the sample to ensure proper chain of custody. NAC 453A.662 requires each independent testing laboratory to establish policies for adequate chain of custody, and among other requirements, this includes procedures for documenting the external package for the sample and the seals used to prevent contamination or tampering. The DPBH has been made aware that certain laboratories read NAC 453A.658(1) to mean that pulling samples is the sole responsibility of a cultivator or a production facility. The DPBH intends to modify this regulation to eliminate that confusion, as the DPBH has a compelling public health and safety interest in ensuring that the samples provided by an MME are verified to have come from that lot of marijuana or marijuana products.

 



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 Division 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 Division, 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 Division 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 Division 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 Division policy, Procedures for Selling Medical Marijuana to Nonresident Patients is linked from the Establishment homepage under General Information, Policies. http://dpbh.nv.gov/Reg/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.

 

How do dispensaries log nonresident sales when the patient uses a Passport for the second ID?

The sales would be entered into the portal under Out-of-State Medical Marijuana Sales. In lieu of the DL#, enter the Passport #. Select the state indicated on the MM card, or indicate Foreign Country.

 

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.”

 

Policies Governing MMEs

Where can we find all of the MME policies?

A link to MME Policies is found on the Establishment website homepage under General Information,   http://dpbh.nv.gov/Reg/MME/MME_-_Home/.   Policies found on this page include Change of Location, Ownership Change, Advertising Guidelines, Selling to Nonresidents, Modification of Facility and more.

 

Product Notification

What is the problem with those two CannaVative products?

TO: All patients who purchased Sage N Sour Live, lot#1588828195779887 and Black Cherry Soda Live, Lot#3092899899644166 products produced by The CannaVative Extracts, LLC

RE: Bisabolol terpene

The advertised content values for Bisabolol terpene were inaccurate on the labels. The laboratory testing results were found to be in error and the above listed products do not contain the levels of Bisabolol reported on the labels. The products contain a package insert stating that Bisabolol inhibits cancer cell growth and fights leukemia; this statement is not approved by the FDA.

FDA disclaimer states, “These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease.”

Patients who have the above mentioned products in their possession may return them to the dispensary in which the purchase was made.

Proposed Regulation Changes

What's new in the Nevada medical marijuana regulatory system?

The Administrator of the Division of Public and Behavioral Health adopted revised regulations at a Public Hearing on August 29, 2016. The adoption was the culmination of a process which began over a year ago, when the Division started working closely with industry stakeholders and patient groups to develop a common sense regulatory framework that will safeguard the interests of all Nevadans as well as help propel the industry forward.  The final step in the adoption process is approval by the Legislative Commission, which is set to take place on September 9, 2016. Regulations will take effect within 45 days after Legislative Commission approval is given.

Why were revisions to the regulations necessary?

Revising regulations was necessary to address the new provisions in laws that were enacted during the 78th Legislative Session in 2015. The laws relating to medical marijuana that passed in 2015 were Senate Bills 447 and 276, and Assembly Bill 70. In addition to revising the regulations to meet the requirements of these new laws, the Division added or changed language to clarify existing regulatory provisions to provide new benefits for patients and the industry as a whole.

What are some of the benefits of the revised regulations?

Benefits of the adopted revised regulations include:
• The authority for medical marijuana establishments (MME) to conduct research and development (R&D) laboratory testing. This will not only encourage innovation and new product development throughout the industry, but also provides laboratories a new revenue generation opportunity.
• Elimination of the requirement for MMEs to provide a full CPA audit with their registration renewal applications, in lieu of providing a simpler, more cost-effective compiled financial statement.
• Production facilities may now sell products to other production facilities. This enhances flexibility, allows for greater specialization, and encourages the availability of a wider variety of edibles and infused products.
• Production and cultivation facilities can now request laboratory retests up to 50 times per calendar year. This should decrease the amount of product destroyed, and should also lower product costs absorbed by patients.
• More detailed requirements for the storage of marijuana products and processing equipment to prevent contamination and enhance patient safety.
• The authority for wet marijuana to be used for extraction purposes. This will benefit cultivators as they will no longer have to fail a lab test for moisture content, and then wait for permission to send the product to extraction.
• Herbicides and plant growth regulators were added to the battery of required quality assurance lab tests for usable and wet marijuana. This will enhance patient safety.
• Reduction of the maximum time allowed for labs to complete proficiency testing from 12 months to 6 months. This provision enhances patient safety and will also boost public confidence in the ability of Nevada labs to accurately analyze medical marijuana products. 

Several definitions were either added or modified to address gaps in the original regulatory framework, or to provide additional clarity to meet the intent and requirements of NRS 453A.

Provisional Certificates

Concerning the 18-month deadline, how will the Division handle provisional certificates for MMEs that are not ready to open by May 3, 2016?

The Division 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 Division 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 Division 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 Division of Public and Behavioral Health 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.

 

How much do renewals cost?

The Division is deferring the collection of renewal fees at this time.

 

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 a provisional MME certificate is not renewed?

The Renewal of Provisional Medical Marijuana Establishment Registration Certificates policy states that if an MME provisional registration certificate is not renewed, it will be deemed expired and no longer valid. PLEASE NOTE that the response deadline is December 15, 2015.

 

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 Division 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 Division?

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 Division 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 Policies under General Information on the Establishment homepage,   

http://dpbh.nv.gov/Reg/MME/MME_-_Home/

 

 

13) Are laboratories required to test for the presence of each analyte on the DPBH list entitled "List of Acceptable Pest Control Substances and Lowest Tolerances"?

Yes. This is a compilation of certain substances within the U.S. EPA’s Crop Group 19 (Herbs and Spices) and Hops, along with the lowest acceptable tolerance level for the crop listed. This was provided by DPBH as a courtesy to the registered cultivators and laboratories, so that they would have a convenient list of all analytes to be monitored. All of these analytes must be tested to see that the tolerances detected by laboratories do not exceed the lowest tolerance mandated by the EPA.

 

14) Is DPBH going to add to the list? If so, when?

The DPBH always reserves the right to add analytes to the list if it sees a public health, safety and welfare benefit to doing so. The DPBH cannot say how often it might be updated, but will endeavor to provide notice to laboratories when the list is updated, so that laboratories may purchase standards and update their processes if necessary.

 

15) Does the DPBH monitoring list take precedence over the list of acceptable pesticides issued by the Department of Agriculture?

Neither list takes precedence over the other. DPBH’s duty and Agriculture’s duty are separate parts of the law. The Department of Agriculture is responsible for issuing a list of pesticides allowed to be used on medical marijuana. The Division of Public and Behavioral Health is responsible for providing policy guidance about testing to registered MMEs, and as part of that responsibility, may designate which analytes that laboratories must test for to protect public health and safety.

 

16) Are independent medical marijuana laboratories limited to testing product from registered medical marijuana cultivators only?

Nothing in the medical 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 DPBH notes that laboratories may be subject other licensing, inspection, review, and other administrative procedures from local, state and federal authorities other than the DPBH.

 

17) 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 DPBH 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.

 

18) How will samples to be sent to the Department of Agriculture be transported from the laboratories to the Department of Agriculture's laboratory in Sparks?

Assembly Bill 70 of the 78th Nevada Legislature added “independent contractor” to the definition of a medical marijuana establishment agent. Registered MMEs must submit an application for each of its independent contractors, and each employee of each independent contractor, in order to provide labor to an MME as an MME agent. As with other types of MME agent cards, the initial and renewal fee is $75 annually. Agent cards are specific to each MME, and agents must have a card for each MME with which they work. The Division’s MME agent application system has updated its programming to account for MMEs who wish to apply on behalf of their independent contractors.

The DPBH suggests that MME agents working as independent contractors are able to transport the samples from southern Nevada MMEs to the Department of Agriculture in Sparks.


19) Do third-party licensees have to obtain MME agent cards for each licensed location?

Persons wishing to provide labor to more than one registered MME as an independent contractor may do so, but pursuant to the law, those persons do not make application directly to the DPBH. Instead, each registered MME must submit an application for each of its independent contractors. Therefore, an independent contractor may have MME agent cards for more than one registered MME.  

 

20) When pulling a sample to be sent to an independent testing laboratory, is the cultivator's staff or the laboratory's staff supposed to pull the sample?

The DPBH expects laboratory personnel to pull the sample to ensure proper chain of custody. NAC 453A.662 requires each independent testing laboratory to establish policies for adequate chain of custody, and among other requirements, this includes procedures for documenting the external package for the sample and the seals used to prevent contamination or tampering. The DPBH has been made aware that certain laboratories read NAC 453A.658(1) to mean that pulling samples is the sole responsibility of a cultivator or a production facility. The DPBH intends to modify this regulation to eliminate that confusion, as the DPBH has a compelling public health and safety interest in ensuring that the samples provided by an MME are verified to have come from that lot of marijuana or marijuana products.

   

21) For which cannabinoids and terpenoids are the independent laboratories 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

 

 

Last Updated: 12/5/2016