Becoming a Caregiver, Producer, or Provider in Nevada

Every state has varying laws and regulations for caregivers, cultivators and medical cannabis providers. Below is an overview of state requirements for designated providers and collective gardens, as well as links to other helpful resources.

Requirements For Designated Primary Caregivers

Designated primary caregivers may not be arrested, prosecuted or subject to other legal sanctions for possession, cultivation or delivery of medical cannabis, absent other violations of state law. Caregivers must be designated by the patient and receive a registration identification card from the State of Nevada. A patient may have only one designated primary caretaker at any given time.

  • Must be 18 years of age or older
  • Must have significant responsibility for the well being and care of the registered patient
  • Must be designated as a primary caregiver by the patient
  • Must not be designated as a primary caregiver to more than one patient
  • Must be issued a registry identification card from the State of Nevada on behalf of the patient
  • Must not be a medical marijuana user
  • Must not possess, produce or deliver more than 12 plants or over 2 ½ ounces of cannabis in a single 14-day period**
    • A patient and primary caregiver may not each possess 2 ½ ounces of cannabis in a single 14-day period
    • A patient and primary caregiver may not each possess 12 plants for cultivation
    • Home cultivation is restricted unless the patient does not have reasonable access to a dispensary. See Possession, Growing, and Consumption Limitations for more details.

**Designated primary caregivers who exceed possession amounts are subject to prosecution, but entitled to present a medical necessity defense in court

Requirements For Medical Marijuana Establishments

Passed by the Nevada Legislature in 2013, Senate Bill 374 created a medical cannabis distribution system, regulated by the Department of Health and Human Services. The number of medical marijuana establishment registration certificates granted in a given county is limited by the population associated with each county.  Standard sales tax applies to all transactions, as well as a two-percent excise tax on both the wholesale and retail levels. The following list of requirements is not exhaustive and medical marijuana establishments should seek legal counsel prior to entering into business.

  • Establishments must receive a non-transferable state registration certificate, renewed annually, and posted prominently in the place of business
  • Establishments must pay a one-time, non-refundable application fee of $5,000
  • Applicants must control at least $250,000 in liquid assets to cover required operating expenses
  • Applicants must own proposed location or provide written consent of property owner
  • Applicants must submit operating procedures for review, including security plans, patient verification, inventory control and if applicable, handling of edibles and infused products
  • Applicants must provide proof of licensure with local jurisdiction(s) or letter certifying proposed establishment meets building requirements and complies with all other restrictions
  • Total financial resources, previous experience, education level, demonstrated knowledge or expertise, patient convenience, tax implications, size of proposed location, community impact and integrated seed-to-sale tracking may also be taken into consideration
  • Submission of an application constitutes permission for entry and inspection by the Department of Health and Human Services at any time, with or without notice, at establishment’s expense
  • Owners, officers, board members, employees and volunteers must be 21 years or older
  • Owners, officers, board members, employees and volunteers must submit name, address, date of birth, fingerprints and written consent for a background check
  • Owners, officers, board members, employees and volunteers must be in compliance with all child support orders and must not have a prior conviction for an excluded felony offense
  • Owners, officers, board members, employees and volunteers must not have had a medical marijuana establishment registration card revoked or been an owner, officer or board member of a medical marijuana establishment which had a registration card revoked
  • Owners, officers, board members, employees and volunteers must obtain non-transferable state registration card, renewed annually at a cost of $75, and kept in the staff member’s immediate possession at all times while on the premises of the establishment
  • Dispensaries must pay a $30,000 fee upon issuance of a registration certificate and a $5,000 fee for each subsequent renewal
  • Independent testing laboratories must pay a $5,000 fee upon issuance of a registration certificate and a $3,000 fee for each subsequent renewal
  • Cultivation and processing facilities must pay a $3,000 fee upon issuance of a registration certificate and a $1,000 fee for each subsequent renewal
  • Establishments must be fully operational within 18 months of issuance of registration certificate and pass an initial inspection by the Department of Health and Human Services
  • Establishment must receive state approval for use of all names, logos, signs and advertisements
  • Establishments must comply with all local ordinances and must maintain a professional and orderly appearance that is consistent with pharmacies and medical offices
  • Establishments must ensure all products undergo quality assurance testing prior to sale, delivery, donation or transfer
  • Establishments must ensure proper training for employees and volunteers including emergency response procedures, confidentiality laws and security measures to prevent theft and loss
  • Medical marijuana dispensaries must provide additional training for employees and volunteers about different strains of cannabis, various application methods and recognizing signs of abuse
  • Independent testing laboratories must provide additional training for employees and volunteers regarding standard operating procedures and best practices
  • Cultivation facilities must provide additional training for employees and volunteers about safe handling of equipment, cultivation and fertilization methods, nutritional requirements for varying plant stages, as well as pest and pathogen eradication
  • Processing facilities must provide additional training for employees and volunteers about the difference between topicals, edibles and infused products, as well as proper production and handling procedures
  • Employees and volunteers may only work at the type of establishment indicated at registration
  • Employees and volunteers must provide a signed statement pledging not to dispense cannabis to anyone who is not authorized under the law
  • Dispensaries must handout appropriate educational materials with every purchase and enter transactions into an electronic verification system
  • Entry to the establishment must be restricted to registered patients, designated primary caregivers, employees, volunteers and state inspectors; visitors must have a visible identification badge and staff escort at all times, returning the badge immediately upon exit, with a log being maintained by the establishment including the date, time and nature of each visit
  • Establishments must not dispense, deliver or transfer cannabis to anyone who is not registered with the State of Nevada
  • Establishments must not acquire cannabis plants, plant material or products from anyone who is not registered with the State of Nevada
  • Establishments must not be located within 1,000 feet of a public or private school or 300 feet of a daycare center, public park, playground, public swimming pool, religious worship structure or facility with the primary purpose of providing recreational services to children and adolescents

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