The following is a bulletin from the ITCC regarding cannabis seeds and clones.
ITCC has received a request regarding the legality of acquiring seeds from sources outside the State of Nevada.
Nevada SB277 went into effect January 1, 2024, states in Sec. 15.5 that NRS 453.096 is amended to read as follows: 453.096
1. “Marijuana” means:
(a) All parts of any plant of the genus Cannabis, whether growing or not; (b) [The seeds thereof; (b)] The resin extracted from any part of the plant, including concentrated cannabis;
(c) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, or its [seeds or] resin;
(d) Any commodity or product made using hemp which exceeds the maximum THC concentration established by the State Department of Agriculture for hemp; and
(e) Any product or commodity made from hemp which is manufactured or sold by a cannabis establishment which violates any regulation adopted by the Cannabis Compliance Board pursuant to paragraph (f) of subsection 1 of NRS 678A.450 relating to THC concentration.
2. “Marijuana” does not include:
(a) Hemp, as defined in NRS 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS;
(b) The mature stalks of the plant [,] and root balls which have been fully separated from the stalks of the plant after harvest, fiber produced from the stalks, seeds of the plant, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, ITCC Bulletin: 24.02 issued 2-2-2024 derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake ; or
(c) Any commodity or product made using hemp, as defined in NRS 557.160, which does not exceed the maximum THC concentration established by the State Department of Agriculture for hemp.
These amendments removed “seeds” from the definition of cannabis within the state of Nevada’s cannabis program. If the ITCC members were to adopt similar amendment language it would drastically increase the marketplace from which cannabis genetics could be acquired.
Current TCCR read as follows:
6.080 Inventory control system; authorized sources for acquisition of cannabis and cannabis products; duties of establishment if loss incurred; maintenance and availability of documentation.
1. Each cannabis establishment shall designate in writing a cannabis establishment agent who has oversight of compliance to include the inventory control system of the cannabis establishment.
2. Except as otherwise provided in subsection 3, a cannabis establishment shall only acquire cannabis or cannabis products from another cannabis establishment located in Nevada and
(a) regulated by the Intertribal Cannabis Commission,
(b) a state licensed cannabis establishment, or
(c) a cannabis establishment licensed by a tribe and approved by the Department, or
(d) from a law enforcement donation of confiscated cannabis or cannabis paraphernalia, including, without limitation, a cannabis cultivation facility, a cannabis production facility or a cannabis sales facility.
3. Pursuant to the T.C.C.R. a cannabis consumption lounge may only acquire single-use cannabis products, cannabis and adult-use cannabis products needed for ready-to-consume cannabis products from a licensed cannabis sales facility, cannabis production facility, cannabis cultivation facility or cannabis distribution facility.
Suggested language is as follows:
6.080 Inventory control system; authorized sources for acquisition of cannabis and cannabis products; duties of establishment if loss incurred; maintenance and availability of documentation.
1. Each cannabis establishment shall designate in writing a cannabis establishment agent who has oversight of compliance to include the inventory control system of the cannabis establishment.
2. Except as otherwise provided in subsections 3 and 4, a cannabis establishment shall only acquire cannabis or cannabis products from another cannabis establishment located in Nevada and
(a) regulated by the Intertribal Cannabis Commission,
(b) a state licensed cannabis establishment, or
(c) a cannabis establishment licensed by a tribe and approved by the Department, or
(d) from a law enforcement donation of confiscated cannabis or cannabis paraphernalia, including, without limitation, a cannabis cultivation facility, a cannabis production facility or a cannabis sales facility.
3. Pursuant to the T.C.C.R. a cannabis consumption lounge may only acquire single-use cannabis products, cannabis and adult-use cannabis products needed for ready-to-consume cannabis products from a licensed cannabis sales facility, cannabis production facility, cannabis cultivation facility or cannabis distribution facility.
4. Medical and Retail Marijuana Cultivation Facilities may send and accept seeds, Immature Plants, and marijuana Genetic Material from the following sources:
(a) A licensed cannabis cultivation facility in another U.S. state or territory,
(b) A licensed cannabis Testing Facility in another U.S. state or territory,
(c) An individual with a permit, registration, or license to work in the regulated cannabis industry in another U.S. state or territory.
(d) An individual with a permit, registration, or license to work in the hemp industry in another U.S. state or territory.
Regulatory language is specific to each member tribe and as such you should review your tribe's regulatory language often for changes specific to your program.
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