Nev. Rev. Stat. § 678B.390

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1

Section 678B.390 - Fees

1. Except as otherwise provided in subsection 3, the Board shall collect not more than the following maximum fees:

For the initial issuance of a medical cannabis establishment license for a medical cannabis dispensary..................................................................................................................... $30,000

For the renewal of a medical cannabis establishment license for a medical cannabis dispensary 5,000

For the initial issuance of a medical cannabis establishment license for a medical cannabis cultivation facility......................................................................................................................... 3,000

For the renewal of a medical cannabis establishment license for a medical cannabis cultivation facility......................................................................................................................... 1,000

For the initial issuance of a medical cannabis establishment license for a medical cannabis production facility......................................................................................................................... 3,000

For the renewal of a medical cannabis establishment license for a medical cannabis production facility......................................................................................................................... 1,000

For the initial issuance of a medical cannabis establishment license for a medical cannabis independent testing laboratory....................................................................................................... 5,000

For the renewal of a medical cannabis establishment license for a medical cannabis independent testing laboratory......................................................................................................................... 3,000

For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis retail store....................................................................................................................... 20,000

For the renewal of an adult-use cannabis establishment license for an adult-use cannabis retail store 5,000

For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility......................................................................................................................... 3,000

For the renewal of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility......................................................................................................................... 1,000

For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis production facility............................................................................................................. 3,000

For the renewal of an adult-use cannabis establishment license for an adult-use cannabis production facility......................................................................................................................... 1,000

For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory.......................................................................................... 5,000

For the renewal of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory....................................................................................................... 3,000

For the initial issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge....................................................................................................................... 10,000

For the renewal of an adult-use cannabis establishment license for a retail cannabis consumption lounge....................................................................................................................... 10,000

For the initial issuance of an adult-use cannabis establishment license for an independent cannabis consumption lounge........................................................................................................... 10,000

For the renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge....................................................................................................................... 10,000

For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis distributor....................................................................................................................... 15,000

For the renewal of an adult-use cannabis establishment license for an adult-use cannabis distributor 5,000

For each person identified in an application for the initial issuance of a cannabis establishment agent registration card..................................................................................................................... 150

For each person identified in an application for the renewal of a cannabis establishment agent registration card............................................................................................................................. 150

2. The Board may by regulation establish reduced fees for:

(a) The initial issuance and renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge; and

(b) The application fee set forth in subsection 3,

for a social equity applicant. Such a reduction must not reduce the fee paid by a social equity applicant by more than 75 percent of the fee paid by an applicant who is not a social equity applicant.

3. Except as otherwise provided in subsection 2, in addition to the fees described in subsection 1, each applicant for a medical cannabis establishment license pursuant to NRS 678B.210 or adult-use cannabis establishment license pursuant to NRS 678B.250 must pay to the Board:

(a) For an application for a license other than an adult-use cannabis establishment license for a retail cannabis consumption lounge or independent cannabis consumption lounge, a one-time, nonrefundable application fee of $5,000;

(b) For an application for an adult-use cannabis establishment license for a retail cannabis consumption lounge, a one-time, nonrefundable application fee of $100,000;

(c) For an application for an adult-use cannabis establishment license for an independent cannabis consumption lounge, a one-time, nonrefundable application fee of $10,000; and

(d) The actual costs paid by the Board to a law enforcement agency or other person who is not an employee of the Board to conduct any background checks in connection with the application.

4. The Board may charge a cannabis establishment for the actual costs paid by the Board to a law enforcement agency or other person who is not an employee of the Board to conduct any background checks in connection with a transfer of ownership interest in the cannabis establishment pursuant to the regulations adopted by the Board pursuant to NRS 678B.380.

5. In addition to any other applicable fees described in subsections 1, 3 and 4, the Board may charge a licensee or an applicant for a license the amounts specified in subsection 6 for the costs incurred by the Board and its staff for an investigation conducted in connection with:

(a) A transfer of ownership interest in a cannabis establishment pursuant to the regulations adopted by the Board pursuant to NRS 678B.380;

(b) An application for the initial issuance of a license;

(c) A request to obtain any approval that may be required by the Board to enter into an agreement to provide management services to a cannabis establishment; or

(d) A waiver that is requested pursuant to the provisions of this title or the regulations adopted pursuant thereto.

6. The charges authorized by subsection 5 must be limited to:

(a) A reasonable hourly fee at a rate established by the Board by regulation for each hour spent by agents of the Board in conducting the investigation; and

(b) Costs for the travel expenses and per diem allowances of the agents of the Board conducting the investigation. The per diem allowances and travel expenses must be assessed at the rate established by the State Board of Examiners for state officers and employees generally.

7. Any revenue generated from the fees imposed pursuant to this section:

(a) Must be expended first to pay the costs of the Board in carrying out the provisions of this title; and

(b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the State Education Fund.

8. The Board shall not charge a licensee, registrant or applicant for a license or registration card any fee, cost, fine or other charge that is not expressly authorized by the provisions of this title. Such prohibited charges include, without limitation, any charge for the costs of ongoing activities of the Board relating to the oversight of a cannabis establishment, including, without limitation, any charge for costs relating to:

(a) Except as otherwise provided in subsection 5, travel or lodging for an agent of the Board;

(b) Any routine inspection or audit;

(c) The preparation for and attendance at a hearing by an agent of the Board;

(d) An investigation of a complaint submitted to the Board by a person who is not associated with the Board; or

(e) Except as otherwise provided in subsections 3, 4 and 5, any other type of inspection, audit or investigation.

NRS 678B.390

Added to NRS by 2019, 3803; A 2021, 2365; 2023, 2566, 2718

Amended by 2023, Ch. 441,§11, eff. 6/13/2023.

Amended by 2023, Ch. 423,§10, eff. 1/1/2024.

Amended by 2021, Ch. 387,§17, eff. 10/1/2021.

Added by 2019, Ch. 595,§107, eff. 7/1/2020.