Nevada

Equity Project State Briefing

Social Equity

Social Equity Definition / Criteria

Nevada does not have a state level social equity program.

Social Equity Provisions

Nevada does not have a state level social equity program.

License Priorities and Set Asides

  • License Priorities / Set Asides:
No

Nevada does not have any specific licensure set asides for social equity operators, nor is there any state level licensing priority given for social equity applicants.

Fee Waivers and Reductions

  • Fee Waivers / Reductions:
No

Nevada does not offer fee waivers or reductions for application or licensure fees.

Other Financial Support for Social Equity Applicants and Licensees

Nevada does not offer state level funding to support individuals who have been disproportionately harmed by cannabis prohibition.

Other Licensing Provisions

License Caps

  • License Caps:
Yes

Nevada has licensing caps as it is a limited license state. The statewide cap is 132 licenses which are divided through the state based on population. Nevada does not allow local jurisdictions to opt in or out of participation in the adult use market.

Source:

Nev. Rev. Stat. § 678B.220. Limitation on total number of medical cannabis establishment licenses for medical cannabis dispensaries that can be used in each jurisdiction; reallocation of licenses. Subsection (1)-(3)

Application Selection Process

  • Selection System:
Merit

Nevada has a merit-based award system used to distribute adult use licenses.

Source:

Nev. Rev. Stat. § 678B.240. Considerations in determining whether to issue medical cannabis establishment license
State of Nevada Department of Taxation "Unprecedented Release of Cannabis Licensing Information". Retrieved January 6, 2022

Felony Disqualification on Ownership

  • Ownership Exclusion for Felony Convictions:
Yes
  • Exemption for Cannabis Offenses:
Yes

In Nevada’s adult use framework, an applicant will be denied licensure if they have been convicted of an “excluded felony offense.” In Nevada an “excluded felony offense” means a conviction, within the past 10 years, of an offense that would constitute a category A felony or convictions for two or more offenses that would constitute felonies if committed in Nevada. Category A felonies are the most serious class of Nevada crimes. Examples of Category A felonies include first and second-degree murder, kidnapping, sexual assault and battery causing substantial bodily harm.The term excluded felony does not include a criminal offense involving cannabis conduct that would be immune from arrest, prosecution, or penalty pursuant current Nevada law, except that the conduct occurred before October 1, 2001, or was prosecuted by an authority other than the State of Nevada.

Source:

Nev. Rev. Stat. § 678B.050. "Excluded felony offense" defined

Employee Criminal Records

  • Conviction Restrictions for Employees:
Yes
  • Exemption for Cannabis Offenses:
Yes

In Nevada’s adult use framework, cannabis business employees are required to have a state registration (work permit) which includes a background check. Individuals will be disqualified from cannabis employment if they have been convicted of an excluded felony offense.

In Nevada an “excluded felony offense” means a conviction, within the past 10 years, of an offense that would constitute a category A felony or convictions for two or more offenses that would constitute felonies if committed in Nevada. Category A felonies are the most serious class of Nevada crimes. Examples of Category A felonies include first and second-degree murder, kidnapping, sexual assault and battery causing substantial bodily harm.The term excluded felony does not include a criminal offense involving cannabis conduct that would be immune from arrest, prosecution, or penalty pursuant current Nevada law, except that the conduct occurred before October 1, 2001, or was prosecuted by an authority other than the State of Nevada.

Source:

Nev. Rev. Stat. § 678B.050. "Excluded felony offense" defined
Nev. Rev. Stat. § 678B.340. Agents required to register with board; requirements for registration. Subsection (7)

Availability of Expungements

  • Expungements:
Yes, Not Automatic

Nevada offers record cleaning options for qualifying cannabis convictions, however the process is not  automatic. A person convicted of an offense that is “no longer punishable as a crime” may submit a request to the court to seal the record, which “shall” be granted unless there is an objection from the prosecutor, with a showing of good cause by clear and convincing evidence that the request should not be granted. There are no expungement vehicles for convictions for crimes that are still punishable.

Source:

Nev. Rev. Stat. § 179.271. Sealing of records after decriminalization of offense; written request; notice; hearing; no fee; exception