REGULATIONS
OF THE
Inter-Tribal Marijuana Commission
REGULATION 1
ISSUANCE OF REGULATIONS; CONSTRUCTION; DEFINITIONS
1.000 Title.
1.010 Promulgation, amendment, modification and repeal.
1.020 Construction.
1.030 Severability.
1.040 Definitions.
1.050 “Act” defined.
1.052 “Advertise” and “advertising” defined.
1.053 “Analyte” defined.
1.055 “Analytical portion” defined.
1.057 “Applicant” defined.
1.058 “Application” defined.
1.060 “Batch” defined.
1.065 “Batch number” defined.
1.067 “Board” defined.
1.068 “Board Agent” defined.
1.070 “CBD” defined.
1.073 “Chief Medical Officer” defined.
1.075 “Combined cannabis establishment” defined.
1.080 “Component cannabis establishment” defined.
1.083 “Department” defined.
1.085 “Excise tax on cannabis” defined.
1.090 “Extraction” defined.
1.095 “Fair market value” defined.
1.100 “Foreign matter” defined.
1.105 “Growing unit” defined.
1.110 “Imminent health hazard” defined.
1.115 “Label” defined.
1.120 “Letter of approval” defined.
1.125 “Lot” defined.
1.130 “Multiple-serving edible cannabis product” defined.
1.135 “Packaging” defined.
1.137 “Person” defined.
1.140 “Pesticide” defined.
1.145 “Physician” defined.
1.150 “Potential total THC” defined.
1.155 “Potentially hazardous cannabis products and ingredients” defined.
1.160 “Premises” defined.
1.163 “Private Residence” defined.
1.165 “Production run” defined.
1.170 “Production run number” defined.
1.175 “Proficiency testing” defined.
1.180 “Proficiency testing program” defined.
1.185 “Proficiency testing provider” defined.
1.190 “Proficiency testing sample” defined.
1.195 “Public transportation” defined.
1.200 “Sample protocols” defined.
1.205 “Security equipment” defined.
1.210 “Seed-to-sale tracking system” defined.
1.215 “Separate operations” defined.
1.220 “Single-serving edible cannabis product” defined.
1.225 “Surveillance” defined.
1.230 “Taxpayer” defined.
1.235 “Vending Machine” defined.
1.240 “Cannabis” interpreted to exclude industrial hemp.
1.245 “Immature cannabis plant” and “mature cannabis plant” interpreted
REGULATION 2
Inter-Tribal Marijuana Commission: ORGANIZATION AND ADMINISTRATION
2.010 Definitions.
2.020 Delegation to Chair.
2.025 Board meetings.
2.040 Appearances.
2.045 Recessed meetings.
2.050 Service of notices in general.
2.055 Subpoenas.
2.060 Employee records.
2.065 Procedure for control of evidence.
2.070 Other employees of Board: Employment and discharge; conditions and limitations regarding hearing officers.
REGULATION 3
CANNABIS ADVISORY COMMISSION: ORGANIZATION AND ADMINISTRATION
3.010 Definitions.
3.020 Delegation to Committee Chair.
3.025 Committee meetings.
3.030 Subcommittees.
REGULATION 4
DISCIPLINARY AND OTHER PROCEEDINGS BEFORE THE BOARD
4.010 Applicability.
4.020 Grounds for disciplinary action.
4.030 Imposition of civil penalty; revocation or suspension of license or cannabis establishment agent registration card; corrective action.
4.035 Category I Violations.
4.040 Category II Violations.
4.050 Category III Violations.
4.055 Category IV Violations.
4.060 Category V Violations.
4.065 Imminent health hazard.
4.070 Complaint.
4.075 Service of complaint.
4.080 Prohibition of ex parte communications.
4.085 Delegation to Chair.
4.090 Appearance through counsel.
4.095 Early case conference and hearing.
4.098 Hearings: Procedure; use of affidavit.
4.100 Reinstatement of license or cannabis establishment agent registration card: Application; conditions, limitations or restrictions upon reinstatement; denial.
4.105 Grounds for summary suspension; notice; request for hearing.
4.110 Discovery: mandatory exchanges.
4.115 Continuances and recesses.
4.120 Burden and standard of proof.
4.125 Motions.
4.135 Subpoenas.
4.140 Disposition of charges: Adjudication by Board.
REGULATION 5
LICENSING, BACKGROUND CHECKS, AND REGISTRATION CARDS
5.000 Application process.
5.010 Designation of persons responsible for providing information, signing documents and ensuring certain actions are taken.
5.015 Qualifications for licensure.
5.020 Request for applications to operate establishment:.
5.040 Licensing of cannabis establishments: Criteria of merit; relative weight.
5.070 Inspections.
5.075 Authority of Board and Executive Director relating to inspections and investigations, summoning of witnesses and issuance of subpoenas, administration of oaths and administration of provisions of chapter.
5.085 Surrender of license if cannabis establishment has not received final inspection; extension of time for final inspection; fee not refundable.
5.090 Notification to Board if cannabis establishment is closing; immediate surrender of license upon permanent closure.
5.095 Renewal of license.
5.100 Grounds for denial of issuance or renewal of license; grounds for revocation of license; notice; opportunity to correct situation.
5.110 Requirements for transfer of all or a portion of ownership interest; reimbursement of costs to Board; notice to Board; disclosure of facts pertaining to representative capacity of certain persons to Board; permission of Board required for registering certain information in the books and records of the cannabis establishment; investigation.
5.115 Contracts or agreements with certain unsuitable or unlicensed persons prohibited; termination of contract or agreement.
5.120 Submission of information by cannabis establishment to obtain or renew registration card for person employed by or contracted with establishment or for volunteer; fingerprinting and application fee; issuance of registration card; temporary registration.
5.125 Policies and procedures for waiving requirement to obtain a cannabis agent registration card for any owner, officer and board member.
5.130 Submission of information by cannabis establishment to obtain or renew a registration card for a cannabis executive; temporary registration; registration card for a cannabis executive required for officer, board member and person holding ownership interest in cannabis establishment.
5.135 Submission of applications.
5.140 Registration cards: Requirements for requesting replacement card.
5.145 Registration cards: Requirements for changing name or address.
5.150 Categories of registration cards.
5.155 Legal status as separate entity; issuance of license by the Board; shared secured storage area; requirements for buildings and location; inspection and other requirements to commence operations; expansion of operations; powers and duties in operation; request for exception from inspection.
5.160 Notification of subsequent events.
REGULATION 6
PRODUCTION AND DISTRIBUTION OF CANNABIS
6.010 Establishment of maximum allowable quantity of cannabis products a person may possess for purposes of exemption from state or local prosecution.
6.015 Board authorized to limit cannabis production within Tribal Lands.
6.020 Limitations on promoting cannabis and cannabis products.
6.025 Board authorized to collect fee for costs for oversight; hourly rate.
6.030 Confidentiality of information received by Board relating to security of cannabis establishments.
6.035 Confidentiality of name and any other identifying information of persons who facilitate or deliver services pursuant to Title 56 of NRS; exceptions.
6.040 (Removed 8/2021)
6.050 Posting of licenses and other authorization to conduct business in conspicuous place.
6.055 Requirements of dual licensee.
6.060 Operation in accordance with plans and specifications included in application; deviation from plans and specifications; documentation of change to facilities; inspection or audit of change to facilities.
6.065 Written request for move to new location; issuance of new amended license upon approval of request.
6.070 Persons authorized on premises; visitor identification badge and other requirements for other persons; maintenance and availability of visitor log.
6.072 Training and instruction required before an agent may begin work or service as a volunteer.
6.075 Development, documentation and implementation of certain policies and procedures; maintenance and availability.
6.080 Inventory control system; authorized sources for acquisition of cannabis and cannabis products; duties of establishment if loss incurred; maintenance and availability of documentation.
6.082 Use of seed-to-sale tracking system; payment of fees.
6.085 Required security measures, equipment and personnel; location of outdoor cultivation facility must allow for response by local law enforcement.
6.087 Duties relating to cannabis establishment agents.
6.090 Cleanliness and health of cannabis establishment agents.
6.092 Hand washing: Procedure.
6.095 Requirements for building used as cannabis establishment or by dual licensee; use of commercial weighing and measuring equipment.
6.100 Quality assurance testing required before sale or transfer of products.
6.105 Requirements for preparation or sale of edible cannabis products; cannabis production facility exempt from provisions governing food establishments.
6.110 Prohibition on dispensing or selling cannabis or cannabis products from vending machine.
6.115 Prohibition on treating or adulterating usable cannabis with chemical or other compound.
6.120 Restrictions on advertising; required posting of signs in cannabis sales facility.
6.123 Use of packaging: Required approval by Board.
6.125 Responsibility for costs relating to clean-up, mitigation or remedy of environmental damage.
6.130 Documentation and reporting of loss or theft; maintenance of documentation.
REGULATION 7
CANNABIS SALES FACILITY
7.010 Requirements for operation; posting of hours of operation.
7.015 Duties of cannabis establishment agent before sale to consumer.
7.020 Valid proof of identification of age of consumer required.
7.025 Prohibition on sale that exceeds maximum usable quantity of cannabis.
7.030 Products required to be offered for sale; restrictions on sale of other products; restrictions on advertising.
7.035 Storage and location of products; disclosure of cannabis independent testing laboratory performing quality assurance tests upon request of consumer; approved sources of products for sale; maintenance and availability of certificate of analysis; exemption for industrial hemp.
7.040 Delivery to consumer: General requirements.
7.045 Delivery to consumer: Duties of cannabis sales facility.
7.050 Delivery to consumer: Restrictions; duties of cannabis establishment agent making delivery.
7.055 Delivery to consumer: Requirements for motor vehicles used to make deliveries; adequate temperature control of products required; inspection of motor vehicles authorized.
7.060 Curbside pickup operations at cannabis sales facilities.
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.
REGULATION 9
PRODUCTION OF CANNABIS PRODUCTS
9.010 Hand and arm contact while engaged in extraction of concentrated cannabis or production of cannabis products.
9.015 Qualifications and duties of persons responsible for managing facility.
9.020 Creation of cannabis extracts; development of standard operating procedures, good manufacturing practices and training plan.
9.025 Requirements and restrictions on use of non-cannabis ingredients.
9.030 Protection of products and ingredients from cross-contamination.
9.035 Use of pasteurized eggs and egg products; cleanliness of equipment, utensils and articles; requirements for temperature controls.
9.040 Clear marking of potentially hazardous cannabis products; determination of expiration date and shelf life of perishable products.
9.045 Edible cannabis products: Testing to ensure homogeneity of potency; requirements for sale; approval of Board required for certain changes.
9.050 Requirements for sinks and running water.
9.055 Requirements for sanitizers.
9.060 Requirements for materials used in construction of utensils and contact surfaces.
9.065 Requirements for lighting.
9.070 Requirements for filters for liquid filtration; prohibition on asbestos-containing filter.
9.075 Sufficiency of ventilation hood systems and devices.
9.080 Sufficiency of mechanical ventilation.
9.085 Surfaces of equipment and utensils: Cleanliness.
9.090 Surfaces of equipment and utensils: Frequency of and activities requiring cleaning.
9.095 Surfaces and utensils: Sanitation.
9.100 Surfaces of cooking and baking equipment and door seals of microwave ovens: Cleanliness.
REGULATION 10
MINIMUM GOOD MANUFACTURING PRACTICES FOR CULTIVATION AND PREPARATION OF CANNABIS AND CANNABIS PRODUCTS FOR ADMINISTRATION TO HUMANS
10.010 Establishment of minimum good manufacturing practices.
10.015 Cannabis cultivation facility, cannabis production facility and cannabis sales facility: Requirement to have quality control unit.
10.020 Cannabis cultivation facility, cannabis production facility and cannabis sales facility: Adequate ventilation, filtration systems and related equipment required for building.
10.025 Cannabis cultivation facility, cannabis production facility and cannabis sales facility: Establishment of and adherence to written procedures for labeling and packaging materials.
10.030 Cannabis cultivation facility, cannabis production facility and cannabis sales facility: Establishment of and adherence to written procedures for production and process control to assure quality of cannabis and cannabis products; review and approval of procedures; recording and justification of deviation from procedures.
10.035 Cannabis cultivation facility, cannabis production facility and cannabis sales facility: Establishment of and adherence to written procedures for components, product containers and closures.
10.040 Cannabis cultivation facility, cannabis production facility and cannabis sales facility: Appropriateness, cleanliness and maintenance of equipment, utensils and substances; maintenance of records.
10.045 Cannabis cultivation facility, cannabis production facility, cannabis distributor and cannabis sales facility: Requirement to ensure cleanliness of employees and volunteers.
10.050 Cannabis cultivation facility, cannabis production facility, cannabis distributor and cannabis sales facility: Restrictions on salvaging cannabis and cannabis products; maintenance of records.
10.055 Cannabis establishment: Requirements for building used to manufacture, process, package or hold cannabis.
10.060 Cannabis establishment: Requirement to maintain building used to manufacture, process, package or hold cannabis in good state of repair.
10.065 Cannabis establishment: Requirements for water, plumbing and drains in building used to manufacture, process, package or hold cannabis.
10.070 Cannabis establishment: Adequate lighting.
10.075 Cannabis establishment: Establishment of and adherence to written procedures for sanitation; requirement to retain person who is certified applicator of pesticides.
10.080 Cannabis establishment: Storage, management and disposal of waste.
REGULATION 11
CANNABIS INDEPENDENT TESTING LABORATORY
11.010 Employment, qualifications and duties of scientific director; inspection of testing laboratory upon appointment of new director.
11.015 Requirements for testing laboratory to handle, test or analyze cannabis.
11.050 Required quality assurance tests; submission of wet cannabis for testing.
11.055 Performance of potency analysis or terpene analysis.
11.060 Performance of testing to verify homogeneity of potency of edible cannabis products.
11.065 Use of approved pesticides by cannabis establishment; performance of pesticide residue analysis by testing laboratory.
11.070 Testing: Selection of representative samples and random samples; segregation period for entire lot; duties of testing laboratory; disposal of lot if sample fails test; release of lot if sample passes test; filing of electronic copy of certificate of analysis for tests performed by testing laboratory; grounds for disciplinary action for failure to comply.
11.075 Cannabis establishment: Establishment of and adherence to written procedures for sanitation; requirement to retain person who is certified applicator of pesticides.
11.080 Collection and testing of random samples from cannabis establishments for comparison with results reported by testing facilities.
11.085 Random quality assurance compliance checks; costs for screening or testing.
REGULATION 12
PACKAGING AND LABELING OF CANNABIS PRODUCTS
12.010 Requirements for single packages.
12.015 Requirements for edible cannabis products, products in solid or liquid form, usable cannabis and concentrated cannabis or cannabis products.
12.020 Stamp or mold required for edible cannabis products; exception.
12.025 Requirements for labeling products “organic.”
12.030 Cannabis cultivation facility: Required labeling before sale of cannabis to another cannabis establishment.
12.035 Cannabis production facility: Required labeling of cannabis products before sale to retail store.
12.040 Cannabis sales facility: Required labeling of usable cannabis.
12.045 Cannabis sales facility: Required labeling of cannabis products.
12.050 Cannabis sales facility: Required disclosures and warnings.
12.055 Cannabis cultivation facility, cannabis production facility and cannabis sales facility: Required labeling.
12.060 Cannabis cultivation facility, cannabis production facility and cannabis sales facility: Examination of products during finishing operations; collection of representative samples of units; recording of results.
12.065 Cannabis treated with radiation.
12.070 Advertising of cannabis.
REGULATION 13
CANNABIS DISTRIBUTORS
13.010 Requirements for wholesale transportation of cannabis and cannabis products.
13.015 Duties of distributor delivering cannabis or cannabis products; transportation manifest; duties of originating cannabis establishment and receiving cannabis establishment; maintenance of records.
13.020 Storage area for cannabis and cannabis products; verification of inventory; inspection by Board.
13.025 Amount that may be transported by distributor; transportation by cannabis establishment agent; restrictions on transportation by vehicle.
13.030 Transportation between cannabis establishments owned by distributor; use of motor vehicles for transportation; adequate care for perishable cannabis products.
13.035 Transportation between multiple cannabis establishments; requirements for drivers used by distributors; hours and locations of transportation; reporting of irregularities, motor vehicle crash or break-down of motor vehicle; use of seed-to-sale tracking system.
13.040 Transportation by cannabis cultivation facility, cannabis production facility, cannabis independent testing laboratory or cannabis sales facility; applicability of provisions relating to distributors.
REGULATION 14
LICENSEE WORKPLACE REQUIREMENTS
14.010 Cannabis establishments required to maintain written policies and procedures prohibiting workplace discrimination or harassment.
REGULATION 15
CANNABIS CONSUMPTION LOUNGE
15.010 Requirements for operation; posting of hours of operation.
15.015 Duties of cannabis establishment agents before sale to consumers.
15.020 Valid proof of identification of age of consumer required.
15.025 Prohibition on sale that exceeds the maximum usable quantity of cannabis.
15.030 Products required to be offered for sale; restrictions on sale of other products;
restrictions on advertising.
15.035 Storage and location of products; disclosure of cannabis independent testing
laboratory performing quality assurance tests upon request of consumer; approved sources of products for sale; maintenance and availability of certificate of analysis.
15.040 On-site requirements to operate a cannabis consumption lounge.
15.045 Employee Training and Consumer Education.
15.050 Separate room for cannabis smoking, vaping, and dabbing.
15.055 Ventilation of the cannabis consumption lounge.
15.060 Health notices and additional label disclosures.
15.070 Reporting of medical incidents.
15.075 Leaving with cannabis.
15.080 Impaired driving.
15.085 Law enforcement temporary suspension of licensed operations.
15.090 Visibility of consumption.
15.095 Water service.
15.100 Retail cannabis consumption lounge attached or immediately adjacent to a
cannabis sales facility.
15.105 Ready-to-consume cannabis products.
15.110 Surfaces and devices: Sanitation.
15.115 Health inspections and permitting.
