How to Report Changes
If you are currently the licensee of a recreational marijuana establishment in Nevada and need to report a change to your facility, you can find the relevant forms below:
Independent Testing Laboratory
Each independent testing laboratory must employ a scientific director who is responsible for ensuring quality levels and supervising staff. The director must hold, from an accredited university or college, (1) a doctorate in science and have at least 2 years of post-degree laboratory experience; (2) a master's degree in science and have at least 4 years of post-degree laboratory experience; or (3) a bachelor's degree in science and have at least 6 years of post-degree laboratory experience.
If a scientific director is no longer employed by an independent testing laboratory, the independent testing laboratory may not conduct testing. When a new scientific director is appointed, the independent lab may not resume testing until the Department has conducted an inspection and approved testing.
Laboratories must follow the most current version of the Cannabis Inflorescence: Standards of Identity, Analysis, and Quality Control. Laboratories must also follow the Recommendations for Regulators--Cannabis Operations. Additionally, laboratories must be accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by an impartial organization. Finally, it must follow the guidelines for Laboratories Performing Microbiological and Chemical Analyses of Food, Dietary Supplements, and Pharmaceuticals—An Aid to the Interpretation of ISO/IEC17025:2005 (2015).
Each independent laboratory must become proficient in testing samples using the analytical method approved by the Department within 6 months of obtaining a medical marijuana establishment registration certificate. The Department may require an independent testing laboratory has a basic proficiency to execute the analytical testing methodologies by ordering ongoing monitoring by an independent third-party.
Laboratories must adopt and follow minimum good laboratory practices, which must at least satisfy the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring. They must also become certified by the International Organization for Standardization and agree to have inspections and reports of the International Organization for Standardization made available to the Department. The laboratory must maintain internal standard operating procedures and a quality control assurance program. The Department or an independent third party authorized by the Department may conduct inspections. Organization for Standardization, the United States Pharmacopeia, the Microbiology Laboratory Guidebook of the Food and Safety and Inspection Service of the United States Department of Agriculture or an equivalent third- party validation study approved by the Department of Taxation. When no such testing method is available, an independent testing method may use an alternative testing method upon demonstrating the validity of the testing methods. Each testing laboratory must use sampling protocols.
Obtaining a Sample for Testing
An independent testing laboratory may retrieve samples from the premises of another medical marijuana establishment and transport the samples directly to the laboratory. When transporting samples, the laboratory transporter may make multiple stops if each stop is for the sole purpose of retrieving a sample and all samples remain secure at all times. A sample must be at least 10 grams. A sample must be the lesser of 1 percent of the total product weight of the production run or 25 units of product. The sample may not be a wet marijuana plant unless destined for extraction.
Criteria for an Independent Testing Laboratory to Handle, Test, or Analyze Marijuana
- An independent testing laboratory must possess a medical marijuana establishment registration certificate;
- Independent testing laboratory must be independent from all other persons involved in the Nevada medical marijuana industry; and
- No person with a direct or indirect financial interest in the laboratory may have a direct or indirect financial interest in a medical marijuana dispensary; a facility for production of edible products or marijuana-infused products; a cultivation facility; a healthcare provider who provides or has provided written documentation for the issuance of registry identification cards or letters of approval; or any other entity that may benefit from the cultivation, manufacture, dispensing, purchase, sale, or use of marijuana or marijuana products.
Immediately Before Packaging:
The independent testing facility must collect samples. These samples must be collected by the laboratory that runs the tests. The cultivation facility must allow the independent testing facility to take representative samples from the separate, homogenized lots of flower and trim. If the cultivation facility has already segregated the lot of harvested marijuana into packages or container sizes smaller than the entire lot, the independent testing laboratory must sample and test each package containing harvested marijuana from the lot.
Facilities that produce edible marijuana products or marijuana-infused products shall allow an independent testing laboratory to select a random sample from each lot or production run for testing by the independent testing laboratory. The laboratory that is testing the samples must collect the samples. The independent testing laboratory must use tamper-resistant products, and record the batch, lot or production run number, the weight or quantity of the sample and seal the sample into a container. Once the sample is properly obtained, it shall be tested as provided in NAC 453A.654. Until the laboratory reports the sample results, the marijuana facility from which the sample was collected must separate and withhold remaining marijuana. The testing facility must immediately return or destroy the sample of marijuana upon completion of testing. Disposal must be properly documented.
If a Sample Fails
If a sample fails testing or is collected by the State Department of Agriculture for confirmation testing, the laboratory must keep the sample for 30 days after. Samples kept for this reason must be stored in a manner approved by the Department of Taxation.
If a Sample Passes
If a sample passes testing, the laboratory must release the entire lot or production run for immediate manufacturing, packaging and labeling for sale to a dispensary, facility, or cultivation facility.
Only one independent laboratory may be used to test the same production run or lot unless the Department granted approval.
After Testing the Sample, the Laboratory Must:
File an electronic copy of the certificate of analysis for all tests performed by the independent testing laboratory with the Department. If the sample passed, send the certificate here. If the sample failed the test, send the certificate here.
To Maintain a Continued Registration Certificate
Generally, to maintain a continued registration certificate, the laboratory must have successfully participated in the proficiency testing program within the preceding 12 months and must demonstrate satisfactory performance as determined by the Department. This proficiency test must be performed in the same way that ordinary sample testing is performed. The scientific director must sign attestation statements that the laboratory participated in the proficiency test. The scientific director must also review and evaluate all of the proficiency results. Unsuccessful participation in this proficiency test may result in limitation, suspension, or revocation of the laboratory license.
Marijuana Establishment Agent Registration Cards
For a person who is employed by or contracted with a marijuana establishment or a person who volunteers at a marijuana establishment, the individual must submit to the Department:
- A copy of any valid government-issued identification card of the person which includes a photograph, the place of birth of the person, and their current address.
- A signed statement by the person pledging that he will not dispense or divert marijuana to any person who is not authorized to possess marijuana.
- A statement signed by the person asserting that he or she has not previously had a medical marijuana establishment agent registration card or marijuana establishment agent registration card revoked.
- An attestation signed and dated by the person stating that the person has not been convicted of an excluded felony offense.
- A complete set of the person's fingerprints and written permission of the person authorizing the Department to forward their fingerprints to the Center Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
- Authorization for the Department to obtain any other information necessary to complete a background check of the person.
- An application fee of $75.
A person who is less than 21 years of age or has been convicted of an excluded felony offense may not serve as a marijuana establishment agent.
Must ensure that training is provided to a marijuana establishment agent before that person begins to work or volunteer. Training must include:
- The proper use of security measures and controls
- Procedures and instructions for responding to an emergency; and
- State and federal statutes and regulations
If the establishment is a retail marijuana store, it shall also ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer. Instructions must include:
- The different strains of marijuana
- The different methods of using marijuana and marijuana products
- Learning to recognize signs of marijuana abuse, impairment or instability in the use of marijuana by a consumer
- Clinical effects of marijuana on the human body and how THC affects the consumer
- Required warnings and literature which must be supplied to the consumer
- Methods of refusing entry or sales to prohibited persons
- Recognition of false or altered identification.
- Understanding the role of law enforcement in confirming compliance with laws and regulations relating to marijuana
- Preventing unlawful consumption of marijuana
- Preventing underage individuals from using marijuana
- How to prevent and address disturbances
- The responsibility of the marijuana establishment agent to put into effect strategies adopted by the marijuana establishment to prevent the diversion of marijuana.
- If the establishment is a testing facility, it shall also ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer. Instructions must include good laboratory practices and the standard operating procedures and the quality control and quality assurance programs.
- If the establishment is a cultivation facility, it shall also ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer. Instructions must include methods of cultivation, fertilization, and recognization of of signs of infestation and disease in plants. Also, it must provide instruction regarding nutritional requirements of marijuana plants at various growth stage. Finally, it must provide instructions on the safe handling of equipment.
- If the establishment is a product manufacturing facility, it shall also ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer. Instructions must include understanding the difference between concentrated marijuana, topical products, and marijuana products. It must also provide training on procedures used by the marijuana product manufacturing facility to create concentrated marijuana and marijuana products.
- If the establishment is a product distributing facility, it shall also ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer. Instructions must include procedures for handling marijuana plants, usable marijuana, concentrated marijuana and marijuana products; procedures for transportation; and drivers license information.