Nev. Admin. Code § 453A.Sec. 230

Current through June 11, 2024
Section 453A.Sec. 230 - NEW
1. A marijuana establishment:
(a) Shall not engage in advertising which contains any statement or illustration that:
(1) Is false or misleading;
(2) Promotes overconsumption of marijuana or marijuana products;
(3) Depicts the actual consumption of marijuana or marijuana products; or
(4) Depicts a child or other person who is less than 21 years of age consuming marijuana or marijuana products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of marijuana or marijuana products by a person who is less than 21 years of age.
(b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.
(c) Shall not place an advertisement:
(1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;
(2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation;
(3) At a sports or entertainment event to which persons who are less than 21 years of age are allowed entry;
(4) On or inside of a motor vehicle used by a marijuana establishment for private transportation;
(5) On signs carried by a natural person, including, without limitation, handbills, pamphlets, cards or other types of advertisements that are distributed to the general public, but excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media; and
(6) Where prohibited by local ordinance.
(d) Shall not advertise or offer any marijuana or marijuana product as "free" or "donated" without a purchase.
(e) Shall ensure that all advertising by the marijuana establishment contains such warnings as may be prescribed by the Department, which must include, without limitation, the following words:
(1) "Keep out of reach of children"; and
(2) "For use only by adults 21 years of age and older."
2. A retail marijuana store shall post signs in prominent locations inside the retail marijuana store which state activities that are strictly prohibited and punishable by law, including, without limitation, the following statements:
(a) "No minors permitted on the premises unless the minor holds a letter of approval and is accompanied by a designated primary caregiver";
(b) "No on-site consumption of any marijuana or marijuana products";
(c) "Distribution to persons under the age of 21 is prohibited";
(d) "Except for medical marijuana patients, possession of over 1 ounce of usable marijuana, one-eighth ounce of concentrated marijuana, an edible marijuana product containing more than 3,500 milligrams of THC or a combination of the three which exceeds the legal limit is prohibited"; and
(e) "Transportation of marijuana or marijuana products across state lines is prohibited."

Nev. Admin. Code § 453A.Sec. 230

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