Cannabis Guide for the USA & Canada – Nevada, USA – Lexology

Overview

After a recent legislative overhaul that went into effect on July 1, 2020, Nevada statutory law governing medical and adult-use cannabis currently codified at Chapters 678A through 678D. NRS Chapter 678A generally provides for the administration of Nevada cannabis law, Chapter 678B governs cannabis licensing and control, Chapter 678C regulates the medical use of cannabis, and Chapter 678D relates to adult use.

Because Nevada first enacted a medical cannabis licensing scheme, regulatory authority was originally placed within the Nevada Department of Health and Human Services. Following the enactment of adult-use licensing, regulatory authority was transferred to the Nevada Department of Taxation – Marijuana Enforcement Division.

In 2019, the Nevada Legislature passed a legislative overhaul of Nevada marijuana law, which, among other changes (including a switch in terminology from “marijuana” to “cannabis”), created the Nevada Cannabis Compliance Board comprised of five members appointed by the Governor, and transferred regulatory authority to that body as of July 1, 2020, with the exception of some tax matters which remain subject to the Nevada Department of Taxation. The Board was tasked with the regulation, licensing and registration of cannabis businesses. Following an expedited rulemaking period, the Board enacted a comprehensive set of regulations, the Nevada Cannabis Compliance Regulations (“NCCR”) 1 through 14. The Board is advised by the new Cannabis Advisory Commission, which will implement studies and make recommendations to the Cannabis Compliance Board related to the regulation of cannabis in the State of Nevada. By statute, the Advisory Commission is comprised of 12 members, including the Executive Director of the Cannabis Compliance Board, the Director of the Department of Public Safety, the Attorney General, the Executive Director of the Department of Taxation, and eight other Governor appointees with  specified areas of expertise. These bodies are modeled after Nevada’s Gaming Control Board and Gaming

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