The employee designated by the Department to conduct the review shall not discuss or comment on the scores, the review of the application by the Department or any other application submitted to the Department. Upon completion of a review of scoring information pursuant to subsection 3, the Department will maintain in the file of the applicant a copy of:. In a specific locality which limits the number of a type of marijuana establishment to one; or. Statewide, if the applicant is in a locality which does not limit the number of a type of marijuana establishment,.
Except as otherwise provided in subsection 2, the issuance of a license pursuant to NAC D. If the locality in which a marijuana establishment is located does not issue business licenses and does not approve or disapprove marijuana establishments in its jurisdiction, a license for a marijuana establishment becomes an approval to begin operations as a marijuana establishment when:. The Department may, at any time it determines an inspection is needed, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any marijuana establishment and of any person proposing to engage in the operation of a marijuana establishment.
An inspection of a facility may include, without limitation, investigation of standards for safety from fire on behalf of the Department by the local fire protection agency. If a local fire protection agency is not available, the State Fire Marshal may conduct the inspection after the marijuana establishment pays the appropriate fee to the State Fire Marshal for such inspection.
The Department will not issue a license for a marijuana establishment until the Department completes an inspection of the marijuana establishment. Such an inspection may require more than one visit to the marijuana establishment. The Department may conduct a preliminary walk-through of a marijuana establishment, upon request and subject to the availability of inspectors, to assist with questions and identify issues for correction before the inspection of the marijuana establishment.
Before requesting a preliminary walk-through, a marijuana establishment must complete all construction and be near completion of all other requirements of the laws and regulations of this State. If the Department conducts a preliminary walk-through at the request of a marijuana establishment, the Department will issue an invoice to the marijuana establishment for the costs of the preliminary walk-through, including, without limitation, travel and inspection activities.
In addition to complying with the provisions of chapters A and D of NRS and chapter A of NAC governing the imposition of an excise tax on marijuana establishments, a marijuana establishment may not operate until it has been issued a license from the Department.
The Department will not issue a license for a marijuana establishment until the Department has received a satisfactory report of full compliance with and completion of all applicable public safety inspections required by state and local jurisdictions, including, without limitation, fire, building, health and air quality inspections, except as otherwise provided in NAC D.
Submission of an application for a license for a marijuana establishment constitutes permission for entry to and reasonable inspection of the marijuana establishment by the Department, with or without notice. An inspector conducting an inspection pursuant to this section does not need to be accompanied during the inspection.
The Department may, upon receipt of a complaint against a marijuana establishment, except for a complaint concerning the cost of services, a complaint concerning the efficacy of marijuana or a complaint related to consumer service issues, conduct an investigation during the operating hours of the marijuana establishment, with or without notice, into the premises, facilities, qualifications of personnel, methods of operation, policies, procedures and records of that marijuana establishment or any other marijuana establishment which may have information pertinent to the complaint.
The Department may enter and inspect any building or premises at any time, with or without notice, to:. No property owner and no officer, director, superintendent, manager or agent of any company or corporation, whose property is wholly in one county, shall be required to appear, without his or her consent, at a place other than the county seat or at the nearest town to his or her place of residence or the principal place of business of such company or corporation.
Such summons may be served by personal service by the Executive Director or his or her agent or by the sheriff of the county. The Department will not issue a subpoena to compel the production of books and papers that contain individually identifiable health information. Any member of the Nevada Tax Commission, the Executive Director or any officer of the Department designated by the Commission or Executive Director may administer oaths to witnesses.
The inspection, examination, photocopying and audit may take place on the premises of the affiliate or another location, as practicable, and in the presence of the affiliate or its agent.
The Department will enter and inspect at least annually, with or without notice, each building or the premises of a marijuana establishment to ensure compliance with the provisions of this chapter and chapter D of NRS. Nothing in this subsection shall be construed to prohibit an appropriate local administrative authority from conducting an inspection of the facilities or operations of a marijuana establishment as provided by the ordinance of a local government.
The Department will enter and inspect, with or without notice, any building or premises operated by a marijuana establishment within 72 hours after the Department is notified that the marijuana establishment is operating without a license for the marijuana establishment.
The Department will inspect the medical marijuana establishment and the marijuana establishment of a dual licensee at the same time using the same inspection team to ensure consistency and efficiency.
The Department will conduct such an inspection in a manner which is not unduly burdensome for the dual licensee. The Department will administer the provisions of this chapter and chapter D of NRS for the protection of the public and in the public interest in accordance with the policy of this State.
If a marijuana establishment has not received a final inspection within 12 months after the date on which the Department issued a license to the marijuana establishment, the marijuana establishment must surrender the license to the Department.
The Department may extend the period specified in this subsection if the Department, in its discretion, determines that extenuating circumstances prevented the marijuana establishment from receiving a final inspection within the period specified in this subsection. If a marijuana establishment surrenders a license to the Department pursuant to this section, the applicable licensing fee paid by the marijuana establishment is not refundable.
Payment of the annual licensing fee for the renewal of the license;. An application in the format prescribed by the Department that includes:. If the Department determines that there are any deficiencies in the operation of a marijuana establishment or in the provision of services by a marijuana establishment, the Department may suspend the license of the marijuana establishment and request a written plan of correction from the marijuana establishment. A marijuana establishment whose license has been suspended pursuant to subsection 1 shall develop a plan of correction for each deficiency and submit the plan to the Department for approval within 10 business days after receipt of the statement of deficiencies.
The plan of correction must include specific requirements for corrective action, which must include times within which the deficiencies are to be corrected. If the plan submitted pursuant to subsection 2 is not acceptable to the Department, the Department may direct the marijuana establishment to resubmit a plan of correction or the Department may develop a directed plan of correction with which the marijuana establishment must comply.
The Department will deny an application for the issuance or renewal of a license for a marijuana establishment if:. The Department may revoke a license for a marijuana establishment if:.
The Department may deny an application for the issuance or renewal of a license for a marijuana establishment or may suspend or revoke any license issued under the provisions of this chapter and chapter D of NRS upon any of the following grounds:. If the Department denies an application for issuance or renewal of a license for a marijuana establishment or revokes such a license, the Department will provide notice to the applicant or marijuana establishment that includes, without limitation, the specific reasons for the denial or revocation.
Before denying an application for issuance or renewal of a license for a marijuana establishment or revoking such a license as a result of the actions of an owner, officer or board member of the marijuana establishment pursuant to paragraph b of subsection 1 or paragraph b of subsection 2, the Department may provide the marijuana establishment with an opportunity to correct the situation.
The Department will not deny an application to renew a license for a marijuana establishment or revoke a license based on a change in ownership of the marijuana establishment if the marijuana establishment is in compliance with the provisions of this chapter and chapter D of NRS.
A marijuana establishment may, in accordance with this section and upon submission of a statement signed by a person authorized to submit such a statement by the governing documents of the marijuana establishment, transfer all or any portion of its ownership to another party, and the Department shall transfer the license issued to the marijuana establishment to the party acquiring ownership, if the party who will acquire the ownership of the marijuana establishment submits:.
A marijuana establishment shall reimburse the Department for all costs incurred by the Department to determine whether any change in ownership or other change was made to circumvent the provisions of this section which prohibit the transfer of a license for a marijuana establishment or to otherwise review or investigate a change in ownership. A person shall not sell, purchase, assign, lease, grant or foreclose a security interest or otherwise transfer, convey or acquire in any manner whatsoever any interest of any sort whatsoever in or to any marijuana establishment or any portion thereof, whether the license for the marijuana establishment is conditional or not, or enter into or create a voting trust agreement or any other agreement of any sort in connection with any marijuana establishment or any portion thereof, except in accordance with this chapter and chapter D of NRS.
The owners, officers or board members of a marijuana establishment shall notify the Department on a form prescribed by the Department each time an ownership interest in any amount in the marijuana establishment is transferred. A transfer of an ownership interest in any amount in a marijuana establishment is not effective until the Department has been notified on a form prescribed by the Department of the intent to transfer an ownership interest in the marijuana establishment and the Department has found that each person to whom an ownership interest is proposed to be transferred is individually qualified to be an owner of the marijuana establishment.
A person shall not transfer or convey in any manner whatsoever any interest in or to a marijuana establishment, or any portion thereof, to, or permit any investment therein or participation in the profits thereof by, any person acting as agent or trustee or in any other representative capacity for or on behalf of another person without first disclosing all facts pertaining to such representation to the Department, including, without limitation, a description of the reason for the transfer and any contract or other agreement describing the transaction.
A marijuana establishment, or an owner, officer or board member thereof, shall not cause or permit any stock certificate or other evidence of beneficial interest in the marijuana establishment to be registered in the books or records of the marijuana establishment in the name of any person other than the true and lawful owner of the beneficial interest without the written permission of the Department.
An ownership interest in a marijuana establishment may only be transferred to a natural person or, if the person receiving an ownership interest is not a natural person, the recipient must disclose the percentage of the ownership interest in the marijuana establishment received by each person who has an ownership interest in the recipient.
A request to transfer an ownership interest in a marijuana establishment which holds a conditional license must be accompanied by a notarized attestation, signed by a person authorized to submit such an attestation by the governing documents of the marijuana establishment, declaring that the prospective owner will build and operate the marijuana establishment at standards that meet or exceed the criteria contained in the original application for the marijuana establishment.
The owners of a marijuana establishment may request the transfer of any portion or the entirety of the ownership interest in the marijuana establishment to any existing owner or combination of existing owners of the marijuana establishment by submitting to the Department:.
The owners of a marijuana establishment may request the transfer of any portion or the entirety of the ownership interest in the marijuana establishment to any natural person who holds an ownership interest in another marijuana establishment or any person whose ownership interest is entirely held by natural persons who hold an ownership interest in another marijuana establishment by submitting to the Department:.
The owners of a marijuana establishment may request the transfer of any portion or the entirety of the ownership interest in the marijuana establishment to any natural person, regardless of whether the natural person holds an ownership interest in another marijuana establishment, or any person whose ownership interest is not entirely held by natural persons who hold an ownership interest in another marijuana establishment by submitting to the Department:.
The Department will conduct such investigation of a request submitted pursuant to subsection 10, 11 or 12 and of each person proposed to receive an ownership interest in a marijuana establishment as a result of such a request as the Department determines is necessary.
If the Department, as a result of such an investigation, determines additional information is necessary to complete the investigation, the marijuana establishment shall submit such information to the Department in a timely fashion. Upon completion of the investigation, the Department will:.
Each component marijuana establishment retains its individual legal status as a separate entity from the combined marijuana establishment of which it is a part and each other component marijuana establishment which is a part of the same combined marijuana establishment.
The Department will not issue to a combined marijuana establishment a license for a marijuana establishment, but the combined marijuana establishment will instead be deemed to exist for the efficient operation and regulation of the component marijuana establishments which are a part of the combined marijuana establishment and will be issued a certificate of approval by the Department upon a determination by the Department that the combined marijuana establishment has complied with the provisions of this section.
The component marijuana establishments of a combined marijuana establishment may share a single, secured storage area if the inventory from each component marijuana establishment is securely segregated within the secured storage area apart from the inventory of all other component marijuana establishments. The building infrastructure, security systems and other facilities, including, without limitation, common entrances, exits, break rooms, locker rooms, loading docks and other areas determined by the Department to be expedient for business and appropriate for the site, may be combined and shared among the component marijuana establishments of a combined marijuana establishment.
Each component marijuana establishment must be located in a commercial or industrial zone or overlay as approved by the locality and comply with all local ordinances and rules pertaining to zoning, land use and signage. Except as otherwise provided in subsection 13, each component marijuana establishment within a combined marijuana establishment must be inspected before commencing operations and be ready to commence operations before any component marijuana establishment within the combined marijuana establishment may commence operations.
A component marijuana establishment need not actually commence or intend to immediately commence operations to satisfy the requirements of this subsection. For the purposes of subsection 6, a component marijuana establishment is ready to commence operations if the component marijuana establishment:. A growing unit must:.
A component marijuana establishment which has demonstrated that it is ready to commence operations pursuant to subsection 7 may expand operations within a previously inspected and approved space to the level described in its application for a license for a marijuana establishment without further inspection or approval.
The Department may inspect such a component marijuana establishment as often as it determines to be necessary. Before the Department will issue a certificate of approval for a combined marijuana establishment, all walls, ceilings, floors, electrical cabling, plumbing, general lighting for purposes other than cultivation and ducting for heating, ventilation or air-conditioning systems for each component marijuana establishment must be completed as specified in the floorplan submitted to the Department as part of the application for a license for a marijuana establishment for the component marijuana establishment at a level sufficient to obtain a certificate of occupancy issued by the locality.
Each certificate of approval issued by the Department to a combined marijuana establishment must specify which types of marijuana establishments are approved to operate at the location of the combined marijuana establishment. Each component marijuana establishment shall maintain separate operations from other component marijuana establishments and the combined marijuana establishment of which the component marijuana establishment is a part by:.
A component marijuana establishment may submit a written request for an exception from the requirements of subsection 6. Such a written request must include a detailed justification of the necessity of the request. The Department may grant such a request for good cause shown, but will not consider any issues relating to financial outlays or difficulties with a vendor or supplier in preparing all component marijuana establishments for inspection to be good cause.
If the Department grants such a request and the inspection of the component marijuana establishment which submitted the request is successful, the Department may permit the component marijuana establishment to operate for a period of time approved by the Department. Any certificate of approval issued to the combined marijuana establishment must be temporary and indicate that not all component marijuana establishments have been approved to operate.
A final certificate of approval may only be issued to the combined marijuana establishment after each component marijuana establishment has satisfied the requirements of this section, paid all applicable fees and satisfied all applicable requirements of state or local law, regulation or ordinance.
To obtain or renew a marijuana establishment agent registration card, for a person employed by or contracted with a marijuana establishment or a person who volunteers at a marijuana establishment other than a consultant who performs professional services for the marijuana establishment, the marijuana establishment shall submit to the Department:.
If an applicant for registration as a marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law or regulation, the Department will issue to the person a marijuana establishment agent registration card.
An applicant for registration or renewal of registration as a marijuana establishment agent is deemed temporarily registered as a marijuana establishment agent on the date on which a complete application for registration or renewal of registration is submitted to the Department. A temporary registration as a marijuana establishment agent expires 30 days after the date upon which the application is received. The Department will provide verification of temporary registration to an applicant at the time the Department receives the application.
Each officer or board member of a marijuana establishment, and each person who holds more than 5 percent of the ownership interest in a marijuana establishment, shall obtain a marijuana establishment agent registration card. The Department will issue marijuana establishment agent registration cards for each of the following categories:.
Each marijuana establishment agent registration card issued pursuant to NAC D. A person who is employed by or volunteers at a marijuana establishment and to whom a marijuana establishment agent registration card is issued may only be employed by or volunteer at the type of marijuana establishment for which he or she is registered.
Such a person may hold more than one category of marijuana establishment agent registration card and may volunteer or work at any marijuana establishment in this State for which the category of the marijuana establishment agent registration card authorizes the person to volunteer or work. A marijuana establishment agent registration card issued pursuant to NAC D. If a marijuana establishment agent also holds a valid medical marijuana establishment agent registration card, the marijuana establishment agent is authorized to work in any marijuana establishment or dual licensee for which the category of the marijuana establishment agent registration card and medical marijuana establishment agent registration card authorizes the person to volunteer or work.
A marijuana establishment shall ensure that training is provided to a marijuana establishment agent before that person begins to work or volunteer at or provide labor as a marijuana establishment agent at the marijuana establishment.
Such training must include, without limitation:. In addition to the training set forth in subsection 1, a retail marijuana store shall ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer at or provide labor as a marijuana establishment agent to the retail marijuana store.
Such instruction must include, without limitation:. In addition to the training set forth in subsection 1, a marijuana testing facility shall ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer at or provide labor as a marijuana establishment agent to the marijuana testing facility.
In addition to the training set forth in subsection 1, a marijuana cultivation facility shall ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer at or provide labor as a marijuana establishment agent to the marijuana cultivation facility. In addition to the training set forth in subsection 1, a marijuana product manufacturing facility shall ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer at or provide labor as a marijuana establishment agent to the marijuana product manufacturing facility.
In addition to the training set forth in subsection 1, a marijuana distributor shall ensure that instruction is provided to a marijuana establishment agent before that person begins to work or volunteer at or provide labor as a marijuana establishment agent to the marijuana distributor.
The name on and the number of the current marijuana establishment agent registration card of the cardholder;. The effective date of the new name or address of the cardholder;. For a change of the address of the cardholder, the county and state in which the new address is located; and. For a change of the name of the cardholder, a copy of any valid government-issued identification card of the cardholder which includes a photograph of the person and the new name and address of the cardholder and documentation of the reason for the change.
If known, the number of the lost, stolen or destroyed marijuana establishment agent registration card; and. If the cardholder cannot provide the number of the lost, stolen or destroyed marijuana establishment agent registration card, a copy of:.
The Department will deny an application for or an application to renew a marijuana establishment agent registration card if the applicant:. The Department may deny an application for or an application to renew a marijuana establishment agent registration card if the applicant provides false or misleading information to the Department. The Department may revoke a marijuana establishment agent registration card if the marijuana establishment agent:.
The Department may revoke a marijuana establishment agent registration card if the marijuana establishment agent knowingly violates any provision of this chapter or chapter D of NRS. If the Department denies an application for or an application to renew a marijuana establishment agent registration card or revokes a marijuana establishment agent registration card, the Department will provide notice to the applicant or marijuana establishment agent that includes, without limitation, the specific reasons for the denial or revocation.
Comply with the provisions of chapter A of NAC with respect to the medical marijuana establishment operated by the dual licensee; and. Combine the location and operations of the medical marijuana establishment and marijuana establishment operated by the dual licensee as provided in NAC D. Except as otherwise provided in this section, a marijuana establishment shall operate according to the plans and specifications included within the application for a license for the marijuana establishment submitted pursuant to NAC D.
A marijuana establishment may operate in a manner that deviates from the plans or specifications included within its application for a license if the change would comply with state and local laws, regulations and ordinances and the marijuana establishment provides the Department with a written notification of its intent to make the change which includes, without limitation:. Upon receipt of a written notification pursuant to subsection 2, the Department will add the information to the file that the Department maintains on the marijuana establishment.
A marijuana establishment which has completed a change to its facilities shall submit documentation of the change to the Department as soon as practicable, but in no event later than the date of the next scheduled inspection of the marijuana establishment by the Department.
The Department will inspect or audit any change to the facilities of a marijuana establishment that the Department deems necessary of inspection or auditing at the next inspection of the marijuana establishment by the Department or at such other time as the Department determines to be appropriate after the date that the marijuana establishment projects for completion of the change or notifies the Department of the completion of the change, whichever is earlier.
A marijuana establishment shall not commence the operation of any material change to the facilities or operations of the marijuana establishment until the Department completes an inspection or audit of the change or notifies the marijuana establishment that an inspection or audit is not necessary. Material changes include, without limitation, modifications to:. The addition of one or more new pods which are identical to a pod that has already been inspected is not a material change. A marijuana establishment may move to a new location under the jurisdiction of the same locality as its original location and regardless of the distance from its original location if the operation of the marijuana establishment at the new location has been approved by the locality.
A locality may approve a new location pursuant to this subsection only in a public hearing for which written notice is given at least 7 working days before the hearing. Except as otherwise provided in subsection 1, a marijuana establishment that wishes to move to a new location or commence operations at a location other than the location contained in the application of the marijuana establishment must submit a written request for relocation to the Department.
The written request for relocation must include, without limitation:. The Department will consider each request received pursuant to subsection 2 and, after reviewing the documentation contained in the request, determine whether the request should be approved.
Upon approval, the Department will issue to the marijuana establishment a new license which is amended to reflect the new address. Except as otherwise provided in this section, the only persons who may be on the premises of a retail marijuana store are:. The only persons who may be on the premises of a marijuana establishment other than a retail marijuana store are:. Any person other than a person authorized to be on the premises of a marijuana establishment pursuant to subsection 1 or 2 must obtain a visitor identification badge from a marijuana establishment agent before entering the premises of the marijuana establishment.
A person who obtains a visitor identification badge pursuant to subsection 3, including, without limitation, an outside vendor or contractor:. Each marijuana establishment shall maintain a visitor log which includes the name of the visitor and the date, time and purpose of each visit by a person other than a person authorized to be on the premises of the marijuana establishment pursuant to subsection 1 or 2.
The marijuana establishment shall make its visitor log available to the Department upon request. Each regular, seasonal or temporary employee of or volunteer or person who provides labor as a marijuana establishment agent at a marijuana establishment must obtain a marijuana establishment agent registration card pursuant to the provisions of this chapter and may not be authorized to be on the premises of the marijuana establishment by obtaining a visitor identification badge pursuant to the provisions of this section.
Develop, document and implement policies and procedures regarding:. Maintain copies of the policies and procedures developed pursuant to subsection 1 at the marijuana establishment and provide copies to the Department for review upon request. Each marijuana establishment shall designate in writing a marijuana establishment agent who has oversight of the inventory control system of the marijuana establishment. Except as otherwise provided in subsection 3, a marijuana establishment shall only acquire marijuana or marijuana products from:.
A marijuana cultivation facility may acquire seeds for the cultivation of marijuana from any person if the acquisition of the seeds does not violate the provisions of chapter D of NRS.
A marijuana establishment shall not acquire concentrated marijuana or products containing concentrated marijuana from another marijuana establishment, except that a retail marijuana store or a marijuana product manufacturing facility may acquire concentrated marijuana or products containing concentrated marijuana from a marijuana product manufacturing facility. A marijuana cultivation facility may sell crude collected resins to a retail marijuana store if the crude collected resins are:.
Each marijuana establishment shall establish and implement an inventory control system that documents:. Significant variances must be documented, investigated by management personnel and immediately reported to the Department and to the marijuana establishment that ordered the concentrated marijuana or marijuana product. Significant variances must be documented, investigated by management personnel and immediately reported to the Department.
If a marijuana establishment identifies a reduction in the amount of marijuana in the inventory of the marijuana establishment which is not due to documented causes, the marijuana establishment shall determine where the loss has occurred and take and document corrective action.
If the reduction in the amount of marijuana in the inventory of the marijuana establishment is due to suspected criminal activity by a marijuana establishment agent, the marijuana establishment shall report the marijuana establishment agent to the Department and to the appropriate law enforcement agencies within 24 hours. The Department may require the marijuana establishment to provide additional information as it determines necessary to conduct an investigation.
Use the seed-to-sale tracking system managed by the independent contractor selected by the Department;. Pay any fees assessed by the independent contractor for using the seed-to-sale tracking system, including, without limitation, user fees or application programming interface fees. To prevent unauthorized access to marijuana at a marijuana establishment, the marijuana establishment must have:.
A video camera providing coverage of a point-of-sale location must allow for the identification of any person purchasing marijuana;. Each video camera used pursuant to subparagraph 3 of paragraph a of subsection 1 must:.
A marijuana establishment shall make a reasonable effort to repair any malfunction of security equipment within 72 hours after the malfunction is discovered. A marijuana establishment shall notify the Department and local law enforcement within 24 hours after a malfunction is discovered and provide a plan of correction. Failure to correct a malfunction within 72 hours after the malfunction is discovered is a violation of this section. If a video camera used pursuant to subparagraph 3 of paragraph a of subsection 1 malfunctions, the marijuana establishment shall immediately provide alternative video camera coverage or use other security measures, such as assigning additional supervisory or security personnel, to provide for the security of the marijuana establishment.
If the marijuana establishment uses other security measures, the marijuana establishment must immediately notify the Department, and the Department will determine whether the other security measures are adequate. Each marijuana establishment shall maintain a log that documents each malfunction and repair of the security equipment of the marijuana establishment pursuant to subsections 3 and 4.
The log must state the date, time and nature of each malfunction, the efforts taken to repair the malfunction and the date of each effort, the reason for any delay in repairing the malfunction, the date the malfunction is repaired and, if applicable, any alternative security measures that were taken. The log must also list, by date and time, all communications with the Department concerning each malfunction and corrective action. The marijuana establishment shall maintain the log for at least 1 year after the date of last entry in the log.
Each marijuana establishment must employ a security manager or director who must be responsible for:. Each marijuana establishment shall ensure that the security manager or director of the marijuana establishment, at least one employee of the marijuana establishment or the employees of any third party who provides security to the marijuana establishment has completed, or will complete within a period determined by the Department to be reasonable, the following training:.
A marijuana cultivation facility which engages in the outdoor cultivation of marijuana must be located in such a manner as to allow local law enforcement to respond to the marijuana cultivation facility within 15 minutes after being contacted unless the local law enforcement agency determines some other response time is acceptable. Ensure that each marijuana establishment agent has his or her marijuana establishment agent registration card or temporary authorization in his or her immediate possession when the marijuana establishment agent:.
Not allow a person who does not possess a marijuana establishment agent registration card which is valid at the marijuana establishment to:. Provide written notice to the Department, including the date of the event, within 10 working days after the date on which a marijuana establishment agent begins:.
Provide written notice to the Department, including the date of and reason for the event, within 10 working days after the date on which a marijuana establishment agent no longer:. Provide written notice to the Department, including the date of the event, within 10 working days after the date on which the person designated by the marijuana establishment to provide written notice to the Department relating to marijuana establishment agents ceases to serve in that capacity at the marijuana establishment.
Each marijuana establishment must ensure that each marijuana establishment agent who is employed by, volunteers at or provides labor as a marijuana establishment agent at the marijuana establishment:.
In the light of the serious consequences of positive test results the mechanisms of drug incorporation into hair urgently need scientific evaluation. This is of concern for e. Among illicit drugs cannabis is still the drug showing the highest prevalence, with an estimated — million consumers worldwide 1.
Typical models for incorporation of drugs into hair include passive diffusion from blood capillaries into matrix cells at the basement membrane of the hair follicle and diffusion from sweat or sebum into the completed hair shaft, but also the possibility of external contamination is an issue 2 , 3. However, due to THC being present in cannabis smoke, there is a high probability of biased results caused by external contamination of the hair 3 , 11 and the mechanism of incorporation for THC-COOH is still unknown.
When heated, e. As relevant incorporation through the bloodstream could not be verified in previous investigations, the major part of this cannabinoid seems to originate from handling of cannabis material and subsequent transfer to the hair Furthermore, the chemical instability of THCA-A entails the risk of artifactually elevating the THC concentration during the analytical process, potentially leading to false positive findings 12 , The main metabolic pathway of THC and the molecular structures of the respective analytes are also given.
In a second study, consisting of repeated oral intake of dronabinol THC by two volunteers over a 30 day period 2. Considering the individual head hair growth rates 1. Analysis of hair samples from alternative sampling sites tended to show relatively high concentrations in beard, pubic and axillary hair see Supplementary Table S2 online. Although this was tested only in one individual, the daily dose of THCA-A was at least an order of magnitude higher than expected in excessive cannabis smokers.
The incorporation rate of THC via the bloodstream into the hair seems to be negligible low as no THC could be detected in the hair samples of the participants after systemic dronabinol uptake. Consequently, THC findings in hair cannot be regarded as a proof of cannabis consumption. At the same time, oral uptake of THC or cannabis products does not necessarily lead to positive THC hair findings, which can be of interest in abstinence control.
The fact, that THC-COOH was detectable up to 11 weeks past the intake period in beard hair further underlines a relevant incorporation via secretion of sebum which shows a physiological time shift, or by diffusion from surrounding tissues 2. This is particularly true for young children or partners of cannabis consumers close body contact, sleeping on the same pillow etc.
Although the extraordinary high serum concentrations reached should compensate for this, physiological characteristics of the individual may have led to THCA-A not being incorporated into hair to a measurable extent.
In the study with oral intake of dronabinol a relatively low dose of THC was used, which may reflect THC uptake of moderate cannabis smokers, but not of heavy users.
Therefore, measurable incorporation of THC from the blood stream cannot be excluded in the case of heavy cannabis smoking. Due to oral administration slow resorption, first-pass effect the maximum THC serum concentrations were lower than the maximum concentrations generally reached after smoking. High concentration gradients as observed directly after smoking might therefore lead to a more efficient incorporation of THC.
Knowing the main routes of cannabinoid incorporation into human hair, any interpretation of varying concentrations along the hair shaft in terms of time-resolved patterns of use may lead to false conclusions. Not over-interpreting THC or THC-COOH findings in hair is of utmost importance in child protection cases, but also in the context of work place drug testing and any forensic application.
Practitioners who work with results of hair analysis should be aware of these limitations and the severe consequences false conclusions could entail. Although the results of our study cannot be transferred directly to other cannabinoids or other types of illicit drugs in particular to less lipophilic and non-acidic compounds the proportion of drugs incorporated into hair via the bloodstream is largely unknown and should be the focus of further research.
Written informed consent was obtained from each participant. Volunteers were recruited from the personal environment of the authors and affirmed that they neither consumed cannabis nor were exposed to cannabis via peers or family members prior to and during the study.
Hair samples head, chest, pubic, axillary and leg hair were collected prior to the intake period and then on a weekly basis until three weeks after the last intake. See Supplementary Material for details. Two male participants orally ingested 2. Hair samples head, beard and body hair were collected prior to the intake period and then on a regular basis until several weeks after the last intake. How to cite this article : Moosmann, B.
Finding cannabinoids in hair does not prove cannabis consumption. Pragst, F. State of the art in hair analysis for detection of drug and alcohol abuse. Acta , 17—49 Thorspecken, J. In vitro contamination of hair by marijuana smoke. Grotenhermen, F. Gustavo H. Saulo B. Francisco C.
Conflict of interest The authors declare no conflict of interest regarding the publication of this manuscript. FFC: funding acquisition, project administration, supervision. Figures 7 Tables 2 Formulas 4. Figure 1 Sketch of the experimental area with the imposed treatments.
Figure 2 Daily variation of A air temperature, relative air humidity, B solar radiation, wind speed at 2 m height, and rainfall along the experimental cycle. Figure 3 Evolution of water consumption in drainage lysimeters cultivated with Paspalum notatum and weeds; and the reference evapotranspiration estimated by the Penman-Monteith method ETo along the experimental period. Figure 4 Ratio between the evapotranspiration of A C.
0コメント