Unless the context otherwise requires, the scope of all words in this chapter shall be liberally construed in order to effectuate the purpose of this chapter, and, in particular, the following words shall have the meaning ascribed to them as follows:
CITY: | Means the City of Ely, County of White Pine, State of Nevada. |
COUNCIL: | Shall mean the Ely City Council. |
COMMUNITY FACILITY: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(1), and means a facility licensed to provide day care to children, a public park, a public playground, a public swimming pool, a center or facility the primary purpose of which is to provide recreational opportunities or services to children or adolescents, or a church, synagogue, or other building, structure, or place used for religious worship or other religious purpose. |
CONCENTRATED MARIJUANA: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(2), means the separated resin, whether crude or purified, obtained from marijuana. |
CONSUMER: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(3) and means a person who is twenty-one (21) years of age or older who purchases marijuana or marijuana products for use by persons twenty-one (21) years of age or older, but not for resale to others. |
DUAL LICENSEE: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(5) and means a person or group of persons who possess a current, valid registration certificate to operate a medical marijuana establishment pursuant to Chapter 453A of NRS and a license to operate a marijuana establishment under this chapter. |
EDIBLE MARIJUANA PRODUCTS: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.101 and means products that contain marijuana or an extract thereof and are intended for human consumption by oral ingestion; and are presented in the form of foodstuffs, extracts, oils, tinctures and other similar products. |
EXCLUDED FELONY OFFENSE: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(6) and means a conviction of an offense that would constitute a category A felony if committed in Nevada or convictions for two (2) or more offenses that would constitute felonies if committed in Nevada. "Excluded felony offense" does not include: 1. A criminal offense for which the sentence, including any term of probation, incarceration, or supervised release, was completed more than ten (10) years ago; or 2. An offense involving conduct that would be immune from arrest, prosecution, or penalty pursuant to Chapter 453A of NRS, except that the conduct occurred before the effective date of Chapter 453A of NRS (October 1, 2001), or was prosecuted by an authority other than the State of Nevada. |
MARIJUANA: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(8), means all parts of any plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" does not include: 1. The mature stems of the plant, fiber produced from the stems, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stems (except the resin extracted therefrom), fiber, oil, or cake, the sterilized seed of the plant which is incapable of germination; or 2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products. |
MARIJUANA CULTIVATION FACILITY: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(9), and means an entity licensed under this chapter and in possession of a valid Nevada State Marijuana Establishment License, issued by the Department of Taxation to cultivate, process, and package marijuana, to have marijuana tested by a marijuana testing facility, and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. |
MARIJUANA DISTRIBUTOR: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(10) and means an entity licensed under this chapter and in possession of a valid Nevada State Marijuana Establishment License, issued by the Department of Taxation to transport marijuana from a marijuana establishment to another marijuana establishment. |
MARIJUANA ESTABLISHMENT: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(11) and means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a marijuana distributor, or a retail marijuana store. |
MARIJUANA PRODUCT MANUFACTURING FACILITY: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(12) and means an entity licensed under this chapter and in possession of a valid Nevada State Marijuana Establishment License, issued by the Department of Taxation to purchase marijuana, manufacture, process, and package marijuana and marijuana products, and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. |
MARIJUANA PRODUCTS: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(13) and means products comprised of marijuana or concentrated marijuana and other ingredients that are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. |
MARIJUANA PARAPHERNALIA: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(14) and means any equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repacking, storing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. |
MARIJUANA TESTING FACILITY: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(15) and means an entity licensed under this chapter and in possession of a valid Nevada State Marijuana Establishment License, issued by the Department of Taxation to test marijuana and marijuana products, including for potency and contaminants. |
OWNERSHIP INTEREST: | Means any principal, person, beneficial owner, and individual persons holding any ownership or financial interest for each business entity including all businesses organized under or governed by Title 7 of the Nevada Revised Statutes including but not limited to private corporations, publicly-traded corporations, close corporations, foreign corporations, limited liability companies, partnerships, limited partnerships, and professional corporations ("business entities"). Ownership interest in the context of publicly traded corporations shall include all corporate officers and members of any board of directors, and also includes individuals with ten percent (10%) or more ownership or financial interest in the publicly traded corporation. To the extent that a business entity has an ownership interest in a medical marijuana establishment, the term "ownership interest" shall also include all individuals with an ownership interest in such business entity. It is the intent of this chapter that all individuals with a direct or indirect ownership interest in a medical marijuana establishment be disclosed and be subject to the requirements of this chapter. |
PROCESS: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(16) and means to harvest, dry, cure, trim, and separate parts of the marijuana plant by manual or mechanical means, such as sieving or ice water separation, but not by chemical extraction or chemical synthesis. |
PUBLIC PLACE: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(17) and means an area to which the public is invited or in which the public is permitted regardless of age. "Public place" does not include a retail marijuana store. |
RETAIL MARIJUANA STORE: | Has the meaning ascribed to it in Nevada Revised Statutes 453D.030(18) and means an entity licensed under this chapter and in possession of a valid Nevada State Marijuana Establishment License, issued by the Department of Taxation to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana products from marijuana product manufacturing facilities and retail marijuana stores, and to sell marijuana and marijuana products to consumers. |
STATE REGULATING AUTHORITY: | Means the State of Nevada Department of Taxation. (Ord. 715, 11-22-2018) |