top of page

TRIBAL CANNABIS COMPLIANCE REGULATIONS

8 point star w two circles COLOR.png

REGULATION 8

CANNABIS CULTIVATION FACILITY

8.010   Required written disclosure with each lot of usable cannabis; provision of free samples to cannabis sales facility; applicability of provisions governing excise tax on cannabis to free samples.

8.015   Restrictions on access to facility and persons authorized on premises; location of cannabis growing at facility.

8.020   Requirements for outdoor cultivation; verification of adequate isolation.

8.010 Required written disclosure with each lot of usable cannabis; provision of free samples to cannabis sales facility; applicability of provisions governing excise tax on cannabis to free samples. 

1. A cannabis cultivation facility must disclose in writing, if requested, with each lot of usable cannabis provided to a cannabis sales facility:

(a) All soil amendments, fertilizers, pesticides, and other crop production aids applied to the growing medium or cannabis plant included in the lot; and

(b) The name of the cannabis testing facility which performed the required quality assurance tests and the certificate of analysis for the lot.

2. A cannabis cultivation facility may provide a cannabis sales facility free display samples of usable cannabis packaged in a sample jar protected by a plastic or metal mesh screen to allow consumers to smell the product before purchase. A sample jar may not contain more than 3.5 grams of usable cannabis. The sample jar must be sealed shut. The sample jar and the usable cannabis within may not be sold to a consumer, returned to the cannabis cultivation facility which provided the usable cannabis and sample jar, or destroyed by the cannabis sales facility after use and documented by the cannabis sales facility using its inventory control system pursuant to TCCR 6.080. A cannabis production facility may provide uninfused edibles as display samples.


 

8.015 Restrictions on access to facility and persons authorized on premises; location of cannabis growing at facility. 

1. Except as otherwise provided in subsection 2, a cannabis cultivation facility must ensure that access to the enclosed, locked facility where cannabis is cultivated is limited to the officers, board members, department managers and agents, and authorized cannabis establishment agents of the cannabis cultivation facility.

2. Each cannabis cultivation facility shall ensure that an authorized cannabis establishment agent accompanies any person other than another cannabis establishment agent associated with that cannabis establishment when the person is present in the enclosed, locked facility where cannabis is cultivated or produced by the cannabis cultivation facility.

3. Each cannabis cultivation facility shall take reasonable actions so that any cannabis growing at the cannabis cultivation facility cannot be observed from outside the cannabis cultivation facility and is not visible from a public place by normal, unaided vision.  Compliance with Section 6.085 regarding fencing may be considered taking reasonable actions to meet this requirement.

4. Each cannabis cultivation facility shall take reasonable actions so that any cannabis growing at the cannabis cultivation facility cannot be accessed by anyone not licensed or approved to be onsite.

8.020 Requirements for outdoor cultivation; verification of adequate isolation. 

If an applicant for a license for a cannabis cultivation facility wishes to engage in the cultivation of cannabis outdoors or if a cannabis cultivation facility wishes to begin to cultivate cannabis outdoors, the applicant or cannabis cultivation facility must, before engaging in any outdoor cultivation, consult with the State Department of Agriculture on the location of the Tribal cannabis cultivation to ensure it will be adequately isolated from the State issuing a hemp license so as to prevent cross-pollination. 

the Board, Department or their agents concerning each malfunction and corrective action. The cannabis establishment shall maintain the log for at least 1 year after the date of last entry in the log.

6. Each cannabis establishment must employ a security manager or compliance director who must be responsible for:

(a) Conducting a semiannual audit of security measures to ensure compliance with the state procedures of the cannabis establishment and identify potential security issues;

(b) Training employees on security measures, emergency response and robbery prevention and response before starting work and on an annual basis; and

(c) Evaluating the credentials of any third party who intends to provide security to the cannabis establishment before the third party is hired by or enters into a contract with the cannabis establishment.

7. Each cannabis establishment shall ensure that the security manager or compliance director of the cannabis establishment, at least one employee of the cannabis establishment or the employees of any third party who provides security to the cannabis establishment has completed or will complete within three months of being hired, to be proven by written attestation from the employee and the training officer, the following training:

(a) Training in theft prevention or a related subject;

(b) Training in emergency response or a related subject;

(c) Training in the appropriate use of force or a related subject that covers when the use of force is and is not necessary;

(d) Training in the use and administration of first aid, including cardiopulmonary resuscitation;

(e) Training in the protection of a crime scene or a related subject;

(f) Training in the control of access to protected areas of a cannabis establishment or a related subject;

(g) Not less than 8 hours of training in providing security services; and

8. A cannabis cultivation facility which engages in the outdoor cultivation of cannabis must be located in such a manner as to allow local law enforcement to respond to the cannabis cultivation facility within 60 minutes after being contacted unless the local law enforcement agency determines some other response time is acceptable.

2.   Cannabis establishments must ensure that armed security officers do not possess a firearm while under the influence of a controlled substance. In addition, a cannabis consumption lounge shall prohibit consumers from bringing firearms into a consumption lounge, including posting of signs providing notice of the same.

3.  A cannabis establishment shall operate the business in a decent, orderly, and respectable manner. A licensee shall not knowingly permit any activity or acts of disorderly conduct, nor shall a licensee permit rowdiness, undue noise, or other disturbances or activity offensive to a reasonable person, neighboring business, or to the residents of the neighborhood in which the

       business is located.

4.  If an emergency requires law enforcement, firefighters, emergency medical service providers, Board Agents or other public safety personnel to enter the premises of the business, the cannabis establishment is responsible for ensuring that all consumption of inhalable cannabis, if allowed, and other activities if requested, cease until such personnel have completed their investigation or services and have left the premises.

5.  A cannabis establishment must report directly to the Board any criminal activity requiring an in-person response from law enforcement within 24 hours after an owner or employee of the business learns of the event.

6.  If the Board learns of an increase in criminal activity at or near the location of a particular cannabis establishment, the Board may require the licensee to create an appropriate risk mitigation plan and submit to the Board.

7.  The cannabis establishment shall create appropriate procedures to ensure employees do not show up to work or remain at work intoxicated.

6.087 Duties relating to cannabis establishment agents. A cannabis establishment shall:

1. Ensure that each cannabis establishment agent has his or her valid cannabis establishment agent registration card or temporary authorization in his or her immediate possession when the cannabis establishment agent: 

(a) Is employed by or volunteering at or providing labor as a cannabis establishment agent at the cannabis establishment;

(b) Is transporting cannabis or cannabis products for the cannabis establishment, regardless of the type of license held by the cannabis establishment; or

(c) Is delivering cannabis or cannabis products for a cannabis sales facility.

2. Not allow a person who does not possess a cannabis establishment agent registration card which is valid at the cannabis establishment to:

(a) Serve as an officer or board member for the cannabis establishment or hold an ownership interest in the cannabis establishment;

(b) Be employed by or have a contract to provide services for the cannabis establishment;

(c) Volunteer at or on behalf of the cannabis establishment; or

(d) Contract to provide labor at or be employed by an independent contractor to provide labor at the cannabis establishment.

3. Provide written notice to the Board and Department, including the date of the event, within 10 working days after the date on which a cannabis establishment agent begins:

(a) Service as an officer or board member for the cannabis establishment;

(b) Employment by the cannabis establishment or providing services for the cannabis establishment pursuant to a contract;

(c) Volunteering at or on behalf of the cannabis establishment; or

(d) Providing labor at or beginning employment by an independent contractor to provide labor at a cannabis establishment pursuant to a contract.

4. Provide written notice to the Board and Department, including the date of and reason for the event, within 10 working days after the date on which a cannabis establishment agent no longer:

(a) Serves as an officer or board member for the cannabis establishment;

(b) Is employed by or has a contract to provide services for the cannabis establishment;

(c) Volunteers at or on behalf of the cannabis establishment; or

(d) Contracts to provide labor at or is employed by an independent contractor to provide labor at a cannabis establishment.

5. Provide written notice to the Board and Department, including the date of the event, within 10 working days after the date on which the person designated by the cannabis establishment to provide written notice to the Board and Department relating to cannabis establishment agents ceases to serve in that capacity at the cannabis establishment.

 

6.090 Cleanliness and health of cannabis establishment agents. 

1. Each cannabis establishment must ensure that each cannabis establishment agent who is employed by volunteers at or provides labor as a cannabis establishment agent at the cannabis establishment:

(a) Cleans his or her hands and exposed portions of his or her arms in a hand-washing sink pursuant to TCCR 6.092: 

(1) Immediately upon entrance to the cannabis establishment;

(2) Immediately before working with cannabis plants;

(3) Immediately before preparing concentrated cannabis or cannabis products,

including, without limitation, working with exposed cannabis products, clean

equipment and utensils or unwrapped single-service and single-use articles; 

(4) After touching any bare human body parts other than his or her clean hands and 

exposed portions of arms, including, without limitation, surrogate prosthetic devices

for hands and arms;

(5) After using the toilet facilities;

(6) After coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating or drinking;

(7) After handling soiled equipment or utensils;

(8) During preparation or extraction of concentrated cannabis or cannabis products, 

as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;

(9) When switching between working with unprocessed cannabis products or uncooked food products and working with finished concentrated cannabis or cannabis products;

(10) Before donning gloves for working with cannabis products; and

(11) After engaging in other activities that contaminate the hands.

(b) If working directly in the preparation of concentrated cannabis or cannabis products: 

(1) Keeps his or her fingernails trimmed, filed and maintained so that the edges and

surfaces are cleanable;

(2) Unless wearing intact gloves in good repair, does not have fingernail polish or

artificial fingernails on his or her fingernails; and

(3) Wears a hair net.

(c) Wears clean clothing appropriate to the tasks assigned to him or her.

2. If the person designated by a cannabis establishment to address health conditions at the cannabis establishment determines that a cannabis establishment agent who is employed by or volunteers at or provides labor as a cannabis establishment agent at the cannabis establishment has a health condition that may adversely affect the safety or quality of the concentrated cannabis or cannabis products at the cannabis establishment, that cannabis establishment agent is prohibited from having direct contact with any cannabis or equipment or materials for processing concentrated cannabis or cannabis products until the designated person determines that the health condition of the cannabis establishment agent will not adversely affect the concentrated cannabis or cannabis products.

3. A cannabis establishment agent shall not work directly with concentrated cannabis or cannabis products if the cannabis establishment agent has:

(a) A symptom of gastrointestinal infection, including, without limitation, diarrhea or vomiting; 

(b) A sore throat with fever; 

(c) Jaundice; or

(d) A lesion that appears inflamed or contains pus, including, without limitation, a boil or infected wound that is not covered with:

(1) An impermeable cover and a single-use glove if the lesion is on a hand or wrist,

both of which must be changed at any time that hand washing is required;

(2) An impermeable cover if the lesion is on an arm; or

(3) A dry, durable, tight-fitting bandage if the lesion is on another part of the body.

4. A cannabis establishment agent shall immediately report to the person     in charge if the agent knows he or she has:

(a) A symptom of gastrointestinal infection, including, without limitation, diarrhea, vomiting or jaundice, except as otherwise provided in paragraph 9; (b) A diagnosed infection by a disease agent that can be transmitted from a person through food or cannabis, including, without limitation, Salmonella species, Shigella species, Shiga toxin-producing Escherichia coli, Hepatitis A virus or Norovirus; or

(c) A lesion that appears inflamed or contains pus and that is not covered as described in subparagraph (d) of paragraph 3.

5. The cannabis establishment shall, within 24 hours, notify the Department about any cannabis establishment agent known to have:

(a)    Jaundice, except as otherwise provided in paragraph 9; or

(b)   A diagnosed infection by a disease agent that can be transmitted from a person through food or cannabis, including, without limitation, Salmonella species, Shigella species, Shiga toxin-producing Escherichia coli, Hepatitis A virus or Norovirus.

6. The person in charge shall exclude or restrict a cannabis establishment agent from working in or around any place where bulk or unpackaged food, beverages, cannabis or cannabis products are prepared, sold or offered for sale if the agent is known to have:

(a) A lesion that appears inflamed or contains pus and that is not covered as described in subparagraph (d) of paragraph 3.

7. The person in charge shall exclude a cannabis establishment agent from working in or around any place where bulk or unpackaged food, cannabis or cannabis products are prepared, sold or offered for sale if the agent is known to have a diagnosed infection by a disease agent that can be transmitted from a person through food or cannabis, including, without limitation, Salmonella species, Shigella species, Shiga toxin-producing Escherichia Coli, Hepatitis A virus or Norovirus. (a) A symptom of gastrointestinal infection, including, without limitation, diarrhea, vomiting or jaundice, except as otherwise provided in paragraph 9; (b) An infection by Salmonella typhi within the last 3 months, unless approved to be released from exclusion by the health authority; or

(c) An infection by Shigella species, Shiga toxin-producing Escherichia coli, Hepatitis A virus, Norovirus or a Salmonella species other than Salmonella typhi, within the last 30 days, unless the food employee is approved to be released from exclusion by the health authority.

8.                   The person in charge and the cannabis establishment agents of a cannabis establishment shall comply with any order issued by the health authority or Department for excluding agents from the cannabis establishment or restricting agent activities because of a diagnosed or suspected infection by a disease agent that can be transmitted from a person through food or cannabis until the health authority or Department rescinds the order.

9.                   Upon approval from the health authority, a cannabis establishment agent with a symptom of gastrointestinal illness, including, without limitation, diarrhea or jaundice, may work in a cannabis establishment without special restriction, provided that the agent furnishes written medical documentation to the health authority and Department from a health practitioner that the symptom is due to a medical condition not transmissible from the agent through food or cannabis, including, without limitation, Crohn’s disease, irritable bowel syndrome, ulcerative colitis or Hepatitis C.

 

6.092 Hand washing: Procedure. 

1. Each cannabis establishment agent shall, when required pursuant to TCCR 6.090, clean his or her hands and the exposed portions of his or her arms for at least 20 seconds, using a cleaning compound in a hand-washing sink that is appropriately equipped.

2. Each cannabis establishment agent shall use the following cleaning procedure in the order stated to clean his or her hands and the exposed portions of his or her arms, including, without limitation, surrogate prosthetic devices for hands and arms:

(a) Rinse under clean, running warm water.

(b) Apply an amount of cleaning compound recommended by the manufacturer of the cleaning compound.

(c) Rub together vigorously for at least 15 seconds while:

(1) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure; and

(2) Creating friction on the surfaces of the hands and arms, fingertips and areas

between the fingers.

(d) Thoroughly rinse under clean, running warm water at a minimum temperature of 

100°F (37.8°C)

(e) Immediately follow the cleaning procedure with thorough drying using a clean paper towel.

 

6.095 Requirements for building used as cannabis establishment or by dual licensee; use of commercial weighing and measuring equipment. 

1. A building used as a cannabis establishment or by a dual licensee must have:

(a) At least one toilet facility which must contain: 

(1) A flushable toilet; 

(2) Mounted toilet tissue; 

(3) A hand sink with running water which is capable of delivering hot water at a

minimum temperature of 100°F (37.8°C);

(4) Soap contained in a dispenser;

(5) Disposable, single-use paper towels in a mounted dispenser; and

(6) A conveniently located trash can.

(b) Except for a cannabis distributor, at least one fully stocked hand-washing sink, which is designated for hand washing only, not located in a toilet facility and located away from any area in which edible cannabis products are cooked or otherwise prepared to prevent splash contamination. Additional hand-washing sinks may be required to facilitate hand washing as required. 

(c) Designated storage areas for concentrated cannabis and cannabis products or materials used in direct contact with such items separate from storage areas for toxic or flammable materials.

(d) At least one mop sink or dump sink to dispose of liquid waste. 

(e) If preparation or packaging of concentrated cannabis or cannabis products is done in the building, a designated area for the preparation or packaging that: 

(1) Includes workspace that can be sanitized;

(2) Is only used for the preparation or packaging of concentrated cannabis or cannabis products; and

(3) Has a fully stocked hand-washing sink conveniently located and designated for

hand washing only.

2. For any commercial weighing and measuring equipment used at a cannabis establishment, the cannabis establishment must:

(a) Ensure that the commercial device is licensed pursuant to chapter 581 of NRS;

(b) Maintain documentation of the license of the commercial device; and

(c) Provide a copy of the license of the commercial device to the Board, Department or their agents for review upon request.

6.100 Quality assurance testing required before sale of products. A cannabis establishment shall not sell a lot of usable cannabis, concentrated cannabis or cannabis products until all required quality assurance testing has been completed.

 

6.105 Requirements for preparation or sale of edible cannabis products; cannabis production facility exempt from provisions governing food establishments. 

1. A cannabis establishment that prepares or sells edible cannabis products must:

(a) Before preparing an edible cannabis product, obtain written authorization from the appropriate Board or Department agent to prepare edible cannabis products; 

(b) If the cannabis establishment prepares edible cannabis products, ensure that the edible cannabis products are prepared according to the applicable requirements set forth in the Tribe's Cannabis Ordinance and the TCCR and the operating procedures included in its application;

(c) If the edible cannabis products are not prepared at the cannabis establishment, obtain and maintain at the cannabis establishment a copy of the current written authorization to prepare edible cannabis products from the cannabis establishment that prepares the edible cannabis products;

(d) If the cannabis establishment is a cannabis production facility, package all edible cannabis products produced by the cannabis establishment on the premises of the cannabis establishment; and

(e) If the cannabis establishment sells edible cannabis products, ensure that the edible cannabis products are sold according to the applicable requirements set forth in the Tribe's Cannabis Ordinance and TCCR.

2. A cannabis establishment is responsible for the content and quality of any edible cannabis product sold by the cannabis establishment.

3. A cannabis production facility is not subject to the provisions of chapter 446 of NRS or chapter 446 of NAC.

6.110 Prohibition on dispensing or selling cannabis or cannabis products from vending machines. A cannabis establishment shall not dispense or otherwise sell cannabis or cannabis products from a vending machine or allow such a vending machine to be installed at the interior or exterior of the premises of the cannabis establishment without Board approval.

A cannabis establishment shall not dispense or otherwise sell cannabis or cannabis products from a vending machine installed at the exterior of the premises of the cannabis establishment without Board approval.

 

6.115 Prohibition on treating or adulterating usable cannabis with chemical or other compounds. A cannabis establishment may not treat or otherwise adulterate usable cannabis with any organic or nonorganic chemical or other compound whatsoever to alter the color, appearance, weight or smell of the usable cannabis.

 

6.120 Restrictions on advertising; required posting of signs in cannabis sales facilities. 

1. A cannabis establishment:

(a) Shall not engage in advertising which contains any statement or illustration that:

(1) Is false or misleading;

(2) Promotes overconsumption of cannabis or cannabis products;; or

(3) Depicts a child or other person who appears to be less than 21 years of age consuming cannabis or cannabis 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 cannabis or cannabis 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 within the following separation buffer of facilities located:

(1) Within 1,000 feet of a public or private school, but may maintain such an advertisement if it was initially placed before the school, 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 that is outside of Tribal lands;

(3) At a sports or entertainment event occurring off of Tribal lands 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 cannabis establishment for private

transportation if said transportation occurs outside of Tribal lands;

(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 off Tribal lands, but excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media without a pre approved permit; and 

(6) Where prohibited by local ordinance.

(d) Shall not outside of Tribal lands, advertise or offer any cannabis or cannabis product as “free” or “donated” without a purchase outside of Tribal lands.

(e) Shall ensure that all advertising by the cannabis establishment contains such warnings as may be prescribed by the Board, which must be visible, legible, and 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 cannabis sales facility shall post signs in prominent locations inside cannabis sales facility 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 or public consumption of any cannabis or cannabis products”;

(c) “Distribution to persons under the age of 21 is prohibited”;

(d) “Except for medical cannabis patients, possession of over 1 ounce of usable cannabis,

a cannabis product containing more than 3,543 milligrams of THC or a combination of the two which exceeds the legal limit is prohibited”; and

(e) “Transportation of cannabis or cannabis products across state lines is prohibited.”

 

6.123 Use of packaging: Required approval by Board. A cannabis establishment shall not use packaging unless the packaging has been approved by the appropriate Board or Department agent. 

 

6.125 Responsibility for costs relating to clean-up, mitigation or remedy of environmental damage. A cannabis establishment is responsible to the Tribe for all costs incurred by the Tribe in cleaning up, mitigating or remedying any environmental damage caused by the cannabis establishment.

 

6.130 Documentation and reporting of loss or theft; maintenance of documentation.  A cannabis establishment shall:

1. Document and report any loss or theft of cannabis from the cannabis establishment to the appropriate law enforcement agency and to the Board and Department within 24 hours after discovery of the loss or theft; and

2. Maintain copies of any documentation required pursuant to the Tribe's Cannabis Ordinance and TCCR for at least 5 years after the date on the documentation and provide copies of the documentation to the Board, Department or their Agents for review upon request.

bottom of page