Nev. Admin. Code § 453A.Sec. 111

Current through June 11, 2024
Section 453A.Sec. 111 - NEW
1. To prevent unauthorized access to marijuana at a marijuana establishment, the marijuana establishment must have:
(a) Security equipment to deter and prevent unauthorized entrance into limited access areas that includes, without limitation:
(1) Devices or a series of devices to detect unauthorized intrusion, which may include a signal system interconnected with a radio frequency method, such as cellular or private radio signals, or other mechanical or electronic device, and which, for a marijuana cultivation facility which engages in outdoor cultivation, covers the entirety of the cultivation area and the perimeter and exterior area of the marijuana cultivation facility;
(2) Exterior lighting to facilitate surveillance which, for a marijuana cultivation facility which engages in outdoor cultivation:
(I) When the lighting would not interfere with the growing cycle of a crop, covers the entirety of the cultivation area and the perimeter and exterior area of the marijuana cultivation facility; and
(II) When the lighting would interfere with the growing cycle of a crop, covers the perimeter and exterior area of the marijuana cultivation facility;
(3) Electronic monitoring, including, without limitation, each of the following:
(I) At least one call-up monitor that is 19 inches or more.
(II) A video printer capable of immediately producing a clear still photo from any video camera image, which photo must be provided to the Department for review upon request.
(III) Video cameras with a recording resolution of at least 1920 x 1080, or the equivalent, at a rate of at least 15 frames per second which provide coverage of all entrances and exits of the building, any room or area that holds a vault and any point-of-sale location, which record 24 hours per day, which are capable of being accessed remotely by a law enforcement agency in real time upon request and which may record motion only. A video camera providing coverage of a point-of-sale location must allow for the identification of any person purchasing marijuana.
(IV) Video cameras with a recording resolution of at least 720 x 480, or the equivalent, at a rate of at least 15 frames per second which provide coverage of all limited access areas not described in sub-subparagraph (III) and any activity in or adjacent to the establishment, which record 24 hours per day, which are capable of being accessed remotely by a law enforcement agency in real time upon request, which may record motion only and which, for a marijuana cultivation facility which engages in outdoor cultivation, cover the entirety of the cultivation area and the perimeter and exterior area of the marijuana cultivation facility.
(V) A video camera which is capable of identifying any activity occurring within the marijuana establishment in low light conditions 24 hours per day.
(VI) A method for storing video recordings from the video cameras for at least 30 calendar days in a secure on-site or off-site location or through a service or network that provides on-demand access to the recordings and providing copies of the recordings to the Department for review upon request and at the expense of the marijuana establishment.
(VII) A failure notification system that provides an audible and visual notification of any failure in the electronic monitoring system.
(VIII) Sufficient battery backup for video cameras and recording equipment to support at least 5 minutes of recording in the event of a power outage;
(4) Immediate automatic or electronic notification to alert local law enforcement agencies of an unauthorized breach of security at the marijuana establishment in the interior of each building of the marijuana establishment; and
(5) For a marijuana cultivation facility which engages in outdoor cultivation:
(I) An alarm system and video cameras which are monitored 24 hours per day;
(II) An exterior barrier, determined to be appropriate by local law enforcement, which is located around the perimeter of the marijuana cultivation facility and which consists of a solid block wall or chain link fence with a height of at least 8 feet and an additional fence with a height of at least 8 feet located at least 10 feet and not more than 20 feet inside of the solid block wall or chain link fence; and
(III) A secure block building which is approved by the Department as suitable to dry and store marijuana and which meets the security and sanitation requirements for a marijuana cultivation facility which engages in indoor cultivation of marijuana.
(b) Policies and procedures:
(1) That restrict access to the areas of the marijuana establishment that contain marijuana to persons authorized to be in those areas only;
(2) That provide for the identification of persons authorized to be in the areas of the marijuana establishment that contain marijuana;
(3) That prevent loitering;
(4) For conducting electronic monitoring;
(5) For the use of the automatic or electronic notification to alert local law enforcement agencies of an unauthorized breach of security at the marijuana establishment;
(6) For limiting the amount of money available in any retail areas of the marijuana establishment and for training employees on this practice;
(7) For notifying the public of the minimal amount of money available, which may include, without limitation, the posting of a sign;
(8) For maintaining communication with law enforcement agencies; and
(9) For providing and receiving notifications regarding burglary, attempted burglary, robbery, attempted robbery and other suspicious activity.
2. Each video camera used pursuant to subparagraph (3) of paragraph (a) of subsection 1 must:
(a) Include a date and time generator which possesses the capability to display the date and time of recorded events on the recording in a manner that does not significantly obstruct the recorded view; and
(b) Be installed in a manner that will prevent the video camera from being readily obstructed, tampered with or disabled.
3. A marijuana establishment shall make a reasonable effort to repair any malfunction of security equipment within 72 hours after the malfunction is discovered. A marijuana establishment shall notify the Department and local law enforcement within 24 hours after a malfunction is discovered and provide a plan of correction. Failure to correct a malfunction within 72 hours after the malfunction is discovered is a violation of this section.
4. If a video camera used pursuant to subparagraph (3) of paragraph (a) of subsection 1 malfunctions, the marijuana establishment shall immediately provide alternative video camera coverage or use other security measures, such as assigning additional supervisory or security personnel, to provide for the security of the marijuana establishment. If the marijuana establishment uses other security measures, the marijuana establishment must immediately notify the Department, and the Department will determine whether the other security measures are adequate.
5. Each marijuana establishment shall maintain a log that documents each malfunction and repair of the security equipment of the marijuana establishment pursuant to subsections 3 and 4. The log must state the date, time and nature of each malfunction, the efforts taken to repair the malfunction and the date of each effort, the reason for any delay in repairing the malfunction, the date the malfunction is repaired and, if applicable, any alternative security measures that were taken. The log must also list, by date and time, all communications with the Department concerning each malfunction and corrective action. The marijuana establishment shall maintain the log for at least 1 year after the date of last entry in the log.
6. Each marijuana establishment must employ a security manager or director who must be responsible for:
(a) Conducting a semiannual audit of security measures to ensure compliance with the state procedures of the marijuana establishment and identify potential security issues;
(b) Training employees on security measures, emergency response and robbery prevention and response before hiring and on an annual basis; and
(c) Evaluating the credentials of any third party who intends to provide security to the marijuana establishment before the third party is hired by or enters into a contract with the marijuana establishment.
7. Each marijuana establishment shall ensure that the security manager or director of the marijuana establishment, at least one employee of the marijuana establishment or the employees of any third party who provides security to the marijuana establishment has completed, or will complete within a period determined by the Department to be reasonable, the following training:
(a) Training in theft prevention or a related subject;
(b) Training in emergency response or a related subject;
(c) Training in the appropriate use of force or a related subject that covers when the use of force is and is not necessary;
(d) Training in the use and administration of first aid, including cardiopulmonary resuscitation;
(e) Training in the protection of a crime scene or a related subject;
(f) Training in the control of access to protected areas of a marijuana establishment or a related subject;
(g) Not less than 8 hours of on-site training in providing security services; and
(h) Not less than 8 hours of classroom training in providing security services.
8. A marijuana cultivation facility which engages in the outdoor cultivation of marijuana must be located in such a manner as to allow local law enforcement to respond to the marijuana cultivation facility within 15 minutes after being contacted unless the local law enforcement agency determines some other response time is acceptable.

Nev. Admin. Code § 453A.Sec. 111

Added to NAC by Div. of Pub. & Behavioral Health by R092-17AP, eff. 2/27/2018
NRS 453D.200