NAC453A.326. Registration certificates: Requirements for surrender; change in location of establishment; revocation; costs.

     1. A medical marijuana establishment must surrender its medical marijuana establishment registration certificate and reapply for a medical marijuana establishment registration certificate during the next request for applications issued by the Division pursuant to NAC 453A.304:

     (a) Before all or substantially all of the assets of the medical marijuana establishment or 10 percent or more of the stock of the medical marijuana establishment are transferred; or

     (b) Except as otherwise provided in this section, any time there is a change in the location of the medical marijuana establishment if:

          (1) It is a material change that requires the medical marijuana establishment to go through an approval process by a local governmental entity; or

          (2) The new location is more than 5 miles from its original approved location.

     2. A medical marijuana establishment may change the location of the medical marijuana establishment to a new location that is 5 miles or less from its original approved location if:

     (a) It provides to the Division before it changes location:

          (1) Written justification for the need to change the location; and

          (2) Land use approval for the new location from the local government, if applicable; and

     (b) The Division determines that the written justification is sufficient to justify the change in location.

     3. A medical marijuana establishment may change the location of the medical marijuana establishment to a new location if the local government in which the medical marijuana establishment is located enacts zoning restrictions which prohibit the location of the medical marijuana establishment after the Division has issued a medical marijuana establishment registration certificate to the medical marijuana establishment.

     4. If a medical marijuana establishment is closing, the manager of the medical marijuana establishment must notify the Division of the closing at least 15 days before the medical marijuana establishment is closed and the medical marijuana establishment must surrender its medical marijuana establishment registration certificate to the Division immediately upon closing.

     5. If, after investigation, the Division determines that there is cause to believe that a medical marijuana establishment has made changes in ownership or other changes to circumvent the provisions of NRS 453A.334 which prevent the transfer of a medical marijuana establishment registration certificate, the Division will take action to revoke the medical marijuana establishment registration certificate of that medical marijuana establishment.

     6. A medical marijuana establishment is responsible to the Division for all costs incurred by the Division to determine whether any changes in ownership or other changes were made to circumvent the provisions of NRS 453A.334 which prevent the transfer of a medical marijuana establishment registration certificate.

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