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PDF Editor FAQ

What is necessary to start a medical marijuana dispensary in the United States?

A lot, and I mean a lot of stuff.For Nevada:A natural person, corporation, partnership, limited-liability company, association or cooperative, joint venture or other business organization may apply for a license for a marijuana establishment.At least once each year, the Department of Taxation will determine whether a sufficient number of marijuana establishments exist to serve the people of Nevada and, if the Department of Taxation determines that additional marijuana establishments are necessary, the Department of Taxation will issue a request for applications. Applications will begin the approval process 55 business days after the request for applications. Any applications submitted after the 55 business day mark will be returned and not considered.The application must include whether the applicant is applying for a license for a marijuana establishment for a cultivation facility, distributor, product facility, laboratory or dispensary. It must also include the name of the proposed establishment, and must match filings with the Secretary of State and the physical address where the proposed establishment will be located.The applicant must provide their mailing address, telephone number, email address, a signed copy of the Request and Consent to Release Application Form for Marijuana Establishment License, an attestation that the information provided to the Department of Taxation is true and correct, the signature of the person applying and any other information the Department of Taxation requires.They must provide evidence of the amount of taxes paid, or other beneficial financial contributions made to Nevada or its political subdivisions within the last 5 years by the applicant or those proposed to be owners. They must provide a description of the proposed organizational structure of the establishment, including an organizational chart showing all owners, officers and board members of the establishment, a list of all owners that contains the title of the person, the race, ethnicity and gender of the person, a short description of their role, whether the person will be designated by the proposed establishment to provide written notice to the Department of Taxation during audits, whether the person has served or is currently serving as an owner, officer or board member, whether they served at an establishment as an owner, officer or board member that had its license revoked, whether they’ve previously had an establishment agent card revoked, whether they are an attending provider of healthcare currently providing medical marijuana cards, whether they are a law enforcement officer, whether they are currently employed by the Department of Taxation and whether they have an ownership or financial investment ownership in any other marijuana establishments.Each owner, officer or board member must provide an attestation, signed and dated, that they have not been convicted of an excluded felony offense and that the information provided to support the application for a license is true and correct. They must also provide a resume and a narrative description of no more than 750 words demonstrating past experience working with governmental agencies and highlighting past experience in giving back to the community through civic or philanthropic involvement, any previous experience at operating other businesses or nonprofit organizations and any demonstrated knowledge, business experience or expertise with respect to marijuana.Additional documentation concerning the size of the proposed marijuana establishment, including general floor plans with supporting details, the integrated plan of the proposed marijuana establishment for the care, quality and safekeeping of marijuana from seed to sale, including without limitation, a plan for testing and verifying marijuana, a transportation or delivery plan and procedures to ensure adequate security measures, including building security and product security, are all also required. There is also need for a plan for the business, which includes a description of the inventory control system of the establishment, a financial plan including financial statements showing resources of the applicant, if the applicant is relying on money from an owner, officer or board member, evidence that the person is unconditionally committed such money to the use of the applicant in the event the Department of Taxation awards a license to the applicant, and proof that the applicant has adequate money to cover all expenses and costs of the first year of operation.Further documentation showing evidence that the applicant has a plan to staff, educate and manage the proposed marijuana establishment on a daily basis, which must include a detailed budget for the establishment, including pre-opening construction and first year operating expenses, an operations manual that demonstrates compliance with this chapter, an education plan with must include providing educational materials to the staff of the proposed establishment and a plan to minimize the environmental impact of the establishment will be required.Before November 15th, 2018, a person who holds a marijuana establishment registration certificate may apply for one more license for a marijuana establishment of the same type.Applicants must submit a one-time, nonrefundable application fee of $5,000 and an application fee based on their marijuana establishment type. If the applicant fails to pay the additional fees listed below within 10 days of their accepted application, their license will be revoked.Cultivation $30,000Distributor $15,000Product Facility $10,000Laboratory $15,000Dispensary $20,000The Department of Taxation will rank applications based on the following criteria, should they receive more applications than they have licenses to release.Whether the applicant has experience operating similar businesses.The diversity of the applicant.The educational achievements of the applicant.The financial plan and resources of the applicant, both liquid and illiquid.Whether the applicant has an adequate integrated plan for marijuana upkeep.The amount of taxes paid and beneficial contributions.Whether the applicant has previous experience operating a marijuana establishment.The experience of key personnel that the applicant intends to employ.Any other criteria the Department of Taxation deems relevant.If an application is not approved, the Department of Taxation will refund the initial licensing fee included in the application.To prevent monopolistic practices, the Department of Taxation will ensure, in a county whose population is 100,000 or more, that the Department of Taxation will not issue further licenses for any person or group of entities that exceeds more than 10% of the total licenses for marijuana establishments in that county.If the Department of Taxation receives any findings from a report concerning the criminal history of an applicant or person who is proposed to be an owner, officer or board member of a proposed marijuana establishment that disqualify that person, the applicant will be given a chance to revise their application and remove the disqualified person(s).For each person who is an owner, officer or board member, or any person who owns a total of 5% ownership interest in the marijuana establishment, must submit a complete set of their fingerprints and written permission authorizing the Department of Taxation to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the FBI.Marijuana establishments must be in compliance with the zoning and land use rules adopted by the locality in which the marijuana establishment will operate.Each officer or board member of an establishment, and each person who owns more than 5% of the ownership interest in an establishment, shall obtain a marijuana establishment agent registration card. The Department of Taxation will issue agent cards to cultivation facilities, distributors, product facilities, laboratories, dispensaries or independent contractors who provide labor to an establishment.In order to work, volunteer at, consult or perform any professional services for a marijuana establishment, each marijuana establishment must submit a copy of government-issued IDs, signed papers pledging the employees will not dispense or otherwise divert marijuana to any person who is not authorized to possess marijuana, a signed attestation that the employees have not previously had their agent cards revoked, a complete set of the employees’ fingerprints for FBI investigation, authorization for the Department to obtain any other information necessary and the $75 application fee for all intended employees to the Department of Taxation for approval. Any person who is a convicted felon and/or under the age of 21 years of age will be denied.For establishment employees wishing to renew their agent registration, they are granted temporary registration for 30 days after first submitting their application as a grace period before its approval.To request a replacement marijuana establishment agent registration card that has been lost, stolen or destroyed, the employee must submit all applicable data to the Department of Taxation within 3 working days after the card was lost, stolen or destroyed.To make a change to the name or address on a marijuana establishment agent registration card, the employee must submit to the Department of Taxation a request for the change, which must include the name and number of the current agent card, the new name or address of the cardholder, the effective date of the new name and address, if applicable the new county and state in which the new address is located and if applicable, the new name of the cardholder with a valid government-issued ID.An establishment shall ensure that training is provided to all employees before they begin work, volunteer or providing labor for a dispensary. Such training must include a proper use of security measures and controls for the prevention of diversion, theft or loss of marijuana, procedures and instructions for responding to an emergency and information on the state and federal statutes and regulations related to marijuana.A marijuana establishment shall develop, document and implement policies and procedures regarding job descriptions and employment contracts, including the duties, authority, responsibilities and qualifications of personnel, supervision of personnel, training in and adherence to confidentiality requirements, periodic performance evaluations and disciplinary actions. Business records, such as manual or computerized records of assets and liabilities, monetary transactions, journals, ledgers and supporting documents including limitation, agreements, checks, invoices and vouchers, inventory control, including tracking, packaging, acquiring marijuana from other establishments, disposing of unusable marijuana and returning for a refund marijuana or marijuana products to the establishment will also be maintained.Consumer education and support including the availability of different strains and their purported effects, information about the effectiveness of certain methods, forms and routes of administering marijuana, the prohibition of smoking marijuana in public places, places open to the public and places exposed to public view and on federal lands, education on how marijuana impairs a person’s ability to operate a moving vehicle and that driving, operating or being in an actual physical control of a vehicle under the influence of marijuana is unlawful and that possession of marijuana exceeding certain quantities remains a felony will also be maintained and available to consumers.A marijuana dispensary shall post its license for a marijuana establishment, business license and any other authorization to conduct business in a conspicuous place within the marijuana establishment. The dispensary shall not sell or transfer a lot of usable marijuana, concentrated marijuana or marijuana products until all required quality assurance testing has been completed.The only persons allowed within a dispensary are dispensary employees, patients with valid medical marijuana cards, the primary caregiver of a patient with a valid medical marijuana card, a California resident with a valid medical marijuana card, a person inspecting the dispensary from a government authority or any customer over the age of 21. Any other person must obtain a visitor identification badge from a dispensary employee. This visitor must be escorted and monitored by a dispensary employee at all times, display their visitor badge at all times, must not handle any marijuana or money whatsoever and must return the visitor badge to the dispensary. All visitors obtaining a visitor badge must have their name, reason for visiting, date and time of visit logged and made available to the Department of Taxation upon request.Each establishment shall establish and maintain a seed-to-sale inventory system which adequately documents the flow of materials through the manufacturing process. They will pay for all additional fees by the seed-to-sale tracking system. They will establish procedures which reconcile the raw material used to the finished product on the basis of each job. Significant variances must be documented, investigated by management personnel and immediately reported to the Department of Taxation.Each establishment shall document each day’s beginning inventory, acquisitions, harvests, sales, disbursements, disposal of unusable marijuana and ending inventory, including number of plants and cuttings, weight of flowers in grams, weight of trim in grams, quantity of THC in milligrams and weight of seeds in grams.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 whether the loss has occurred and take and document corrective action. If the reduction is due to suspected criminal activity by an employee, the establishment will report the employee to the Department of Taxation and to the appropriate law enforcement agencies within 24 hours.When acquiring marijuana from another establishment, a description of the marijuana acquired, including the amount, strain and batch number, lot number or production run number, the name and identification number of the establishment, the name and agent card number of the employee providing the marijuana, the name and number of the establishment receiving the product and the date of the acquisition must be tracked and filed.When providing marijuana to another establishment, the amount, strain, batch number, license numbers of sending and receiving establishments, the name and number of the employee responsible for the transaction and the date on which the marijuana is being moved must all be logged and filed.When receiving edible or concentrated marijuana products from another marijuana establishment, a description of the product, including total weight of each edible or concentrate, the amount of THC in milligrams and the production run number, the total amount of products, the name and license number of the establishment providing the edibles or concentrate, the name and number of the employee making the transaction and the date on which the edible products arrive must all be logged and filed.A dispensary shall only acquire marijuana or marijuana products from another marijuana establishment, including cultivations, product facilities or other dispensaries. A dispensary may only acquire concentrated marijuana products from a product facility. Concentrated marijuana may be acquired by a cultivation only if the collected resins are from a single batch, are unprocessed and not combined.A marijuana dispensary establishment shall not use more than one independent testing laboratory to test the same lot or production run of marijuana without the approval of the Department of Taxation.Instruction to employees must be provided, including information on the different strains of marijuana, the different methods of using marijuana and marijuana products, learning to recognize signs of abuse, impairment or instability in use by a consumer, the known clinical effects of marijuana on the body, methods of refusing entry or sales to prohibited persons, such as verifying customers’ ages and recognizing false or altered identification, the understanding of the role of law enforcement in confirming compliance with laws and regulations, any applicable state and local laws pertaining to marijuana, the prevention of unlawful consumption of marijuana, preventing the use of marijuana by persons under the age of 21 and how to prevent and address disturbances.This isn't even all of it. There's about 250 more pages of stuff.

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