NAC453A.306. Applications to operate establishment: Required provisions.

An application submitted in response to a request for applications issued pursuant to NAC 453A.304 must include:

     1. A one-time, nonrefundable application fee of $5,000.

     2. An application on a form prescribed by the Division pursuant to subsection 2 of NRS 453A.322. The application must include, without limitation:

     (a) Whether the applicant is applying for a medical marijuana establishment registration certificate for an independent testing laboratory, a cultivation facility, a facility for the production of edible marijuana products or marijuana-infused products or a medical marijuana dispensary;

     (b) The name of the proposed medical marijuana establishment, as reflected in the articles of incorporation or other documents filed with the Secretary of State;

     (c) The type of business organization of the applicant, such as individual, corporation, partnership, limited-liability company, association or cooperative, joint venture or any other business organization;

     (d) Confirmation that the applicant has registered with the Secretary of State as the appropriate type of business, and the articles of incorporation, articles of organization or partnership or joint venture documents of the applicant;

     (e) The physical address where the proposed medical marijuana establishment will be located and the physical address of any co-owned or otherwise affiliated medical marijuana establishments;

     (f) The mailing address of the applicant;

     (g) The telephone number of the applicant;

     (h) The electronic mail address of the applicant;

     (i) If the applicant is applying for a medical marijuana establishment registration certificate to operate a medical marijuana dispensary, the proposed hours of operation during which the medical marijuana dispensary plans to be available to dispense medical marijuana to patients who hold valid registry identification cards or to the designated primary caregivers of such patients;

     (j) An attestation that the information provided to the Division to apply for the medical marijuana establishment registration certificate is true and correct according to the information known by the affiant at the time of signing; and

     (k) The signature of a natural person for the proposed medical marijuana establishment as described in subsection 1 of NAC 453A.300 and the date on which the person signed the application.

     3. Documentation from a financial institution in this State, or any other state or the District of Columbia, which demonstrates:

     (a) That the applicant has at least $250,000 in liquid assets as required pursuant to sub-subparagraph (III) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322, which are unencumbered and can be converted within 30 days after a request to liquidate such assets; and

     (b) The source of those liquid assets.

     4. To assist the Division in considering the criterion of merit set forth in subsection 9 of NRS 453A.328, evidence of the amount of taxes paid to, or other beneficial financial contributions made to, this State or its political subdivisions within the last 5 years by the applicant or the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment.

     5. A description of the proposed organizational structure of the proposed medical marijuana establishment, including, without limitation:

     (a) An organizational chart showing all owners, officers and board members of the proposed medical marijuana establishment;

     (b) A list of all owners, officers and board members of the proposed medical marijuana establishment that contains the following information for each person:

          (1) The title of the person;

          (2) A short description of the role the person will serve in for the organization and his or her responsibilities;

          (3) Whether the person has served or is currently serving as an owner, officer or board member for another medical marijuana establishment;

          (4) Whether the person has served as an owner, officer or board member for a medical marijuana establishment that has had its medical marijuana establishment registration certificate revoked;

          (5) Whether the person has previously had a medical marijuana establishment agent registration card revoked;

          (6) Whether the person is an attending physician currently providing written documentation for the issuance of registry identification cards;

          (7) Whether the person is a law enforcement officer;

          (8) Whether the person is currently an employee or contractor of the Division; and

          (9) Whether the person has an ownership or financial investment interest in any other medical marijuana establishment.

     6. For each owner, officer and board member of the proposed medical marijuana establishment:

     (a) An attestation signed and dated by the owner, officer or board member that he or she has not been convicted of an excluded felony offense, and that the information provided to support the application to operate a medical marijuana establishment is true and correct;

     (b) A narrative description, not to exceed 750 words, demonstrating:

          (1) Past experience working with governmental agencies and highlighting past community involvement;

          (2) Any previous experience at operating other businesses or nonprofit organizations; and

          (3) Any demonstrated knowledge or expertise with respect to the compassionate use of marijuana to treat medical conditions; and

     (c) A resume.

     7. To assist the Division in considering the criterion of merit set forth in subsection 7 of NRS 453A.328, documentation concerning the adequacy of the size of the proposed medical marijuana establishment to serve the needs of persons who are authorized to engage in the medical use of marijuana, including, without limitation, building and construction plans with supporting details.

     8. To assist the Division in considering the criterion of merit set forth in subsection 8 of NRS 453A.328, the integrated plan of the proposed medical marijuana establishment for the care, quality and safekeeping of medical marijuana from seed to sale, including, without limitation, a plan for testing and verifying medical marijuana, a transportation plan and procedures to ensure adequate security measures, including, without limitation, building security and product security.

     9. A plan for the business which includes, without limitation, a description of the inventory control system of the proposed medical marijuana establishment to satisfy the requirements of sub-subparagraph (II) of subparagraph (3) of paragraph (a) of subsection 3 of NRS 453A.322.

     10. To assist the Division in considering the criterion of merit set forth in subsection 1 of NRS 453A.328, a financial plan which includes, without limitation:

     (a) Financial statements showing the resources of the applicant;

     (b) If the applicant is relying on money from an owner, officer or board member, evidence that the person has unconditionally committed such money to the use of the applicant in the event the Division awards a medical marijuana establishment registration certificate to the applicant and the applicant obtains the necessary approvals from local governments to operate the proposed medical marijuana establishment; and

     (c) Proof that the applicant has adequate money to cover all expenses and costs of the first year of operation.

     11. Evidence that the applicant has a plan to staff, educate and manage the proposed medical marijuana establishment on a daily basis, which must include, without limitation:

     (a) A detailed budget for the proposed medical marijuana establishment, including pre-opening, construction and first year operating expenses;

     (b) An operations manual that demonstrates compliance with this chapter;

     (c) An education plan which must include, without limitation, providing educational materials to the staff of the proposed medical marijuana establishment; and

     (d) A plan to minimize the environmental impact of the proposed medical marijuana establishment.

     12. To assist the Division in considering the criteria of merit set forth in subsections 6 and 7 of NRS 453A.328, a proposal demonstrating:

     (a) The likely impact of the proposed medical marijuana establishment on the community in which it is proposed to be located; and

     (b) The manner in which the proposed medical marijuana establishment will meet the needs of the persons who are authorized to engage in the medical use of marijuana.

     13. If a local government in which a proposed medical marijuana establishment will be located has not enacted zoning restrictions or the applicant is not required to secure approval that the applicant is in compliance with any such restrictions, a professionally prepared survey which demonstrates that the applicant has satisfied all the requirements of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322.

     14. A response to and information which supports any other criteria of merit the Division determines to be relevant, which will be specified and requested by the Division at the time the Division issues a request for applications which includes the point values that will be allocated to the applicable portions of the application pursuant to subsection 2 of NAC 453A.304.

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