Authorization 4/23/2014

Transcription

1 Nevada Medical Marijuana Program Chad Westom, Bureau Chief Bureau of Preparedness, Assurance, Inspections and Statistics Nevada Division of Public and Behavioral Health Department of Health and Human Services Authorization Statutory Mandate: Nevada Constitution, Article 4, Section 38. Use of plant of genus Cannabis for medical purposes. Codified in NRS Chapter 453A, Medical Use of Marijuana. Program Description The Nevada is a state registry and licensing program. The role of the program is to administer the provisions of the Medical Use of Marijuana law. The program is to provide regulations for all aspects of medical marijuana. 2 1

2 Authorization Program Description (cont.) Establishments include 1. Independent testing laboratories 2. Cultivation facilities 3. Production facilities of edible marijuana products or marijuana-infused products 4. Medical marijuana dispensaries 3 Authorization Program Description (cont) Issues patient registry identification cards to Nevadans who meet the qualifications defined in NRS 453A.050. Individuals can apply for the registry and if found eligible, they are issued an identification card to show approval for use of fthe Cannabis plant tfor medicinal i purposes. Revenue for this program is primarily provided by assessing fees for providing applications and collecting annual fees for approved program participation. 4 2

3 Administration Nevada Legislature passed medical marijuana legislation in 2001 with amendments in the 2003, 2009 and 2013 sessions. Program has been administered by both the Division of Public and Behavioral Health and the Department of Agriculture. The program moved to the Division of Public and Behavioral Health in Administration (cont) On June 12, 2013, Gov. Brian Sandoval signed S.B. 374 into law. This new law provides for appropriate methods of supply for medical marijuana. The Division of Public and Behavioral Health adopted the regulations related to S.B. 374 and they went into effect April 1,

4 Structure With the passing of S.B. 374, the Medical Marijuana Program is now split into two functional groups Medical Marijuana Cardholders Medical Marijuana Establishments (MME) 7 Medical Marijuana Cardholder Program The 6 steps in obtaining a registry identification card 1. Patient pays $25.00 fee to get an application (per NRS 453A.740) 2. Patient pays $75.00 fee when application is returned to the program (per NRS 453A.740) 3. Patient deemed to be on the program at point application is accepted 8 4

5 Medical Marijuana Cardholder Program The 6 steps in obtaining a registry identification card (cont.) 4. The Division will request a name-based check of an applicant, a caregiver or the parent of a child from the Central Repository for Nevada Records of Criminal History (per NRS 453A.210 ) 5. If no disqualifying conditions, the program issues an acceptance letter 6. Patient takes acceptance letter to the DMV to get the card Applications must be approved or denied within 30 days per NRS 453A Medical Marijuana Cardholder Program The following chronic or debilitating conditions qualify for obtaining i a card: Acquired immune deficiency syndrome (AIDS) Cancer Glaucoma Post Traumatic Stress Disorder (PTSD) 10 5

6 Medical Marijuana Cardholder Program The following chronic or debilitating conditions qualify for obtaining a card (cont.) Condition or treatment for a medical condition that produces o Cachexia (general physical wasting and malnutrition) o Persistent muscle spasms (including multiple sclerosis) o Seizure (including epilepsy) o Severe nausea o Severe pain * * Severe pain is the most common reported condition 11 Medical Marijuana Cardholder Program Pursuant to NAC 453A.100, if the applicant is under 18 years of age, the program requires a minor release form signed by the designated primary caregiver of the minor. The program currently has a number of cardholders that fall into this category. Medical Marijuana has been reported to reduce the severity and number of seizures in children. 12 6

7 During the 2013 Nevada Legislative Session, the Nevada Legislature passed SB374 establishing procedures for the registration and certification of medical marijuana establishments. 13 SB 374 Regulations Process The Division was tasked with establishing regulations by April 1, The regulation-making process was transparent and inclusive of all stakeholders, including local governments. After an extensive public process, including seven public meetings and several amendments, regulations received final approval from the Legislative Commission on March 28, The regulations are thorough and comprehensive 14 7

8 Adopted Regulations R The regulations address this new industry as a privileged industry as outlined in NRS 453A.320. The regulations provide processes for: o Accepting and renewing applications. o Awarding medical marijuana certificates. o Registering i agents who work in the establishments. o Establishing requirements for each of the four types of medical marijuana establishments. o Regulating establishments that have been awarded certificates. 15 The Regulations were conceived with the focus on marijuana as a medicine and on public safety. Nevada will require that medical marijuana be tested at harvest and when it changes form. Testing only allowed by Nevada certified independent testing laboratories. Strict guidelines on labeling and packaging. 16 8

9 Application Solicitation - Sec. 25. of the Adopted Regulations The Division shall issue a request for applications to operate a medical marijuana establishment. Division will accept applications for all 4 establishment types for one 10 working day period each year. Provide a 45 working days notice before the opening of the 10 working days application acceptance period. 17 (MME ) Program Application Solicitation - Sec. 25. of the Adopted d Regulations (cont) Applications received outside the 10 day window will be returned to the entity that submitted the application. The Division will include in the request the point values that will be allocated to the applicable portions of the application. 18 9

10 Essential Elements of Application Process: The Division must accept all applications it receives from potential applicants. Medical marijuana registration certificates will be issued pursuant to a merit based application process. The Division will rank the applications in a respective jurisdiction. The top candidate(s) will be issued a provisional certificate and the Division will forward the candidate to the appropriate local government. 19 Essential Elements of Application Process (cont): The approved establishment must be fully operational within 18 months after the date on which the Division issued the or the Division may revoke the registration certificate. Must have both Division and local government approval to begin operations. The Division will base denials on the local governments denials. The Division anticipates being able to accept MME applications later in

11 Local Government Role Their role should clarify local zoning and licensing requirements for establishments. Have authority to supplement the Division s regulations. First line of response related to law enforcement needs and criminal activity. Division will work complaints investigations jointly with local governments, if necessary. 21 Unified Roles State law specifies: o The physical address of establishments location will not be within 1,000 feet of a public or private school. that provides formal education traditionally associated with preschool or kindergarten through grade 12 o Within 300 feet of a community facility that existed on the date on which the application for the proposed medical marijuana establishment was submitted to the Division 22 11

12 Unified Roles (cont.) The Division s regulations lay out the minimum requirements for operations of establishments. An establishment cannot operate only with Division or local government approval. Must have both Division and local government approval to begin operations. 23 Unified Roles (cont.) Division will make first round recommendation to county about where dispensaries are authorized. Division will only announce the total number of certified establishments

13 Program Unified Roles (cont.) County has authority to redistribute the percentage allocation. In a county whose population is 100,000 or more, the Division shall ensure that not more than 25 percent of the total number of dispensaries that may be certified in the county, are located in any one local governmental jurisdiction within the county

14 Operations (cont) Fifteen Temporary Professionals will be hired to review MME Applications Developing Processes Developing Databases & Accountability Logistics: Offices, PCs, Inspection Tablets. 27 Medical Marijuana Cardholder (MME ) Program Overview Total number of active patient t cards: 5,666 Total number of active caregiver cards: 252 Total number of active patients cardholders by region: o Clark County: 4,049 (71%) o Washoe County: 655 (12%) o Balance of State: 962 (17%) Includes data through April 16,

15 Contacts Chad Westom, Bureau Chief Ph: , Steve Gilbert, Program Officer III Ph: , Joseph Theile, Management Analyst II Ph: , 29 Concluding Remarks & Questions? 30 15