Nev. Admin. Code § 453A.Sec. 150

Current through June 11, 2024
Section 453A.Sec. 150 - NEW

Except for a delivery made pursuant to subsection 3 of NRS 453D.110, a marijuana establishment or a third party shall not deliver marijuana or marijuana products to a consumer unless:

1. The delivery is made by a marijuana establishment agent who holds a marijuana establishment agent registration card in the category of retail marijuana store;
2. The delivery is made by a marijuana establishment agent employed by a retail marijuana store or by an independent contractor:
(a) Which has entered into a service agreement with a retail marijuana store to perform deliveries to consumers using only marijuana establishment agents who hold a marijuana establishment agent registration card in the category of retail marijuana store; and
(b) Whose name has been disclosed to the Department before any deliveries are made;
3. The name of the retail marijuana store and all independent contractors who perform deliveries on behalf of the retail marijuana store has been published on the Internet website of the Department;
4. The Department has received confirmation from the retail marijuana store, before a person engages in the delivery process, including, without limitation, accepting an order or physically delivering marijuana or marijuana products, that the person is employed by, volunteers at or provides labor as a marijuana establishment agent at the retail marijuana store and holds a valid marijuana establishment agent registration card in the appropriate category;
5. The marijuana establishment agent who delivers marijuana or marijuana products to a consumer obtains verification of the identity and age of the consumer by scanning a document described in section 146 before providing the marijuana or marijuana products to the consumer;
6. The marijuana establishment agent who delivers marijuana or marijuana products to a consumer does not also deliver any other item to the consumer unless the item is marijuana paraphernalia or merchandise, packaging or a promotional item directly related to the marijuana or marijuana product;
7. The delivery is conducted only during the hours that the retail marijuana store is open for business;
8. The delivery is conducted only within the borders of this State;
9. The marijuana establishment agent who delivers marijuana or marijuana products only travels to and from the retail marijuana store and the delivery destination and does not make any unnecessary stops that are not disclosed in the trip plan and delivery manifest. If the marijuana establishment agent makes a stop for fuel, the stop must be documented in the trip plan and maintained for review by the Department; and
10. If the retail marijuana store contracts with a service that provides a digital or other platform used in conjunction with an agreement to facilitate deliveries to consumers, the digital or other platform is approved by the Department.

Nev. Admin. Code § 453A.Sec. 150

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