Menu
Tax Notes logo

Nevada Tax Department Allows Limited In-Store Marijuana Sales

Dated May 12, 2020

SUMMARY BY TAX ANALYSTS

The Nevada Tax Department and the Cannabis Compliance Board announced in response to the governor's emergency directive that as of May 9, medical marijuana dispensaries and retail marijuana stores may conduct limited in-store sales while adhering to COVID-19 safety instructions; the department emphasized that failure to comply with this guidance will subject licensees to disciplinary action.

Marijuana Enforcement Division/Cannabis Compliance Board Guidance for Limited
In-store Retail Sales

May 7, 2020

Per the Governor's emergency directive issued today, the Department of Taxation in conjunction with the Cannabis Compliance Board will allow medical dispensaries and retail marijuana stores to re-open with limited in-store access beginning Saturday, May 9th. Facilities must adhere to the protocols listed below. All establishments are still subject to all local ordinances or municipal codes. Any non-compliance will result in immediate disciplinary action.

Instructions for limited in-store sales within the facility:

1. Facilities may only conduct in-store sales after submitting and receiving approval from the Marijuana Enforcement Division/Cannabis Compliance Board.

2. Employees who interact with the public are required to wear face coverings and disposable gloves at all times.

3. Facilities must turn away any customer refusing to wear a face covering.

4. Retail businesses must continue to promote online or call-in ordering, curbside, delivery, and/or pickup operations and adhere to approved operating procedures.

5. Retail businesses shall limit the number of customers in their facility at any given time to no more than 10 customers or 50% of allowed occupancy based on applicable fire codes; whichever is fewer.

6. Consultations should be conducted virtually, either by phone or email, whenever possible.

7. Sample jars must be maintained behind the counter and only shown upon request. Jars must be used for viewing only and sanitized after each customer.

8. Consumers/Patients must maintain at least 6 feet of social distancing AT ALL TIMES, guided by signage throughout the facility. Hand to hand transactions shall not be permitted.

9. All other state cannabis laws, rules, and regulations must be strictly adhered to.

Licensee Requirements for Limited In-store Sales:

THESE REQUIREMENTS MUST BE MET AND APPROVED PRIOR TO OFFERING IN-STORE SALES

1. Develop Standard Operating Procedures (SOP) for sales within the facility that address the following:

a. Personal Protective Equipment (PPE) plan for employees and customers.

i. Gloves for employees

ii. Face coverings for employees and customers

iii. Hand sanitizer and disinfectant wipes for employees and customers

iv. Procedures for ensuring employees have been trained or will be trained in the latest COVID-19 guidance

b. Social distancing requirements plan for employees and customers.

i. Adequate spacing between cash registers

ii. Barrier at cash register such as glass or plastic shield

iii. Spacing of customers waiting in line inside and outside the facility

c. Security Plan:

iv. In-store and outside security stations and security personnel

v. Security at the door actively monitoring social distancing and capacity limits

vi. Ensuring the use of face coverings by customers or offering face coverings prior to forming queue.

2. SOPs MUST be submitted to the Marijuana Enforcement Division/Cannabis Compliance Board for approval prior to implementation. There are no exceptions.

All SOPs should be emailed to Kara Cronkhite, Health Program Manager II, at kcronkhite@tax.state.nv.us. You will receive notification through email that you are cleared to begin in-store sales.

3. Disciplinary Measures

a. If a licensee is found to be operating outside of the submitted SOP and/or failing to follow any of the parameters outlined in this guidance document, they will be subject to immediate disciplinary action. This may result in fines, suspensions, and/or revocation of licensure. All current cannabis laws, rules and regulations remain in effect.

Health and Safety Resources

FOR LICENSEES:

The Marijuana Enforcement Division/Cannabis Compliance Board requires ALL licensees to review the below resource materials to familiarize themselves and their employees with appropriate state and federal guidelines regarding health and safety precautions.

a. CDC guidelines for reopening businesses can be found at https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html.

b. CDC resources for businesses and employees can be found at https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html

c. The Nevada Dispensary Association has developed guidelines around employee training on CDC guidelines. Those documents can be found here.

The Marijuana Enforcement Division/Cannabis Compliance Board will continue implementing compliance checks to ensure licensees are following the appropriate protocols. Any questions should be directed to Inspector@tax.state.nv.us.

Sincerely,

Tyler Klimas
Executive Director
Nevada Cannabis Compliance Board

Cc:
Melanie Young, Executive Director Department of Taxation
Justice Michael L. Douglas, Chairman Cannabis Compliance Board

Copy RID