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TRIBAL CANNABIS COMPLIANCE REGULATIONS

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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.

4.130     Subpoenas.

4.135     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.

6.135     Quarterly reporting concerning production, purchases and sales of cannabis and cannabis products.

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.

11.020     Agreement to become accredited within 1 year after licensure; provision of annual inspection report to Board; inspection by accrediting organization is not substitute for inspection by Board.

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.

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