NAC453A.626. Prohibition on salvage of marijuana and marijuana products subjected to certain conditions by certain medical marijuana establishments; salvage allowed with certain evidence; records.

      1. Each cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary shall ensure that marijuana or marijuana products that have been subjected to improper storage conditions, including, without limitation, extremes in temperature, humidity, smoke, fumes, pressure, age or radiation due to natural disasters, fires, accidents or equipment failures, are not salvaged and returned to the marketplace.

     2. Whenever it is unclear whether marijuana or marijuana products have been subjected to the conditions described in subsection 1, a cultivation facility, facility for the production of edible marijuana products or marijuana-infused products or medical marijuana dispensary may conduct salvaging operations only if there is:

     (a) Evidence from laboratory tests and assays that the marijuana or marijuana products meet all applicable standards of identity, strength, quality and purity; and

     (b) Evidence from inspection of the premises that the marijuana or marijuana products and their associated packaging were not subjected to improper storage conditions as a result of the disaster or accident, if any.

     3. A cultivation facility, facility for the production of edible marijuana products or marijuana-infused products and medical marijuana dispensary must maintain records, including, without limitation, the name, lot number and disposition for marijuana or marijuana products salvaged pursuant to subsection 2.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)